MADLANGA J
Section 1(d)
Section 1 of the Constitution contains the founding values of the Republic of
South Africa. Section 1(d) provides for some. And they are universal adult suffrage, a
national common voters roll, regular elections and a multi-party system of democratic
government, to ensure accountability, responsiveness and openness. The High Court
held that the founding values stipulated in section 1(d) and the provisions of
sections 46(1)(a) and 105(1)(a) do not support the applicants’ case. Before us the
respondents supported this approach and added that sections 1(d), 46(1)(a) and
105(1)(a) read together with sections 46(1)(d), 47(3)(c), 105(1)(d) and 106(3)(c), in
fact, detract from the applicants’ case. For now, I focus only on section 1(d).
The first applicant submitted that there is no basis for reading section 1(d) as an
indication that the Constitution requires an exclusively party based proportional
representation system. All that this founding value does, continued the submission, is
to stipulate that the Republic must never be a one-party state. That in no way excludes
the participation of independent candidates in the regular elections envisaged in
section 1(d). I agree. Indeed, here is what this Court held in UDM I:
“[A] multi-party system of democratic government clearly excludes a one-party state,
or a system of government in which a limited number of parties are entitled to compete
for office.
...
A multi-party democracy contemplates a political order in which it is permissible for
different political groups to organise, promote their views through public debate and
participate in free and fair elections. These activities may be subjected to reasonable
regulation compatible with an open and democratic society. Laws which go beyond
that, and which undermine multi-party democracy, will be invalid.”96
96
UDM I above n 21 at paras 24 and 26.
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