Judging by the forceful response from the
ruling party to our draft KwaZulu-Natal constitution, I am
confident in saying that the IFP got it right. Our draft has
been called many things: conservative, reactionary, and
backward-looking. Ironically, most of these attributes apply to
the draft prepared by a narrow clique in the ANC and sold to the
media and the wider public as a people's constitution.
This is not the first time that the ANC
has aspired to speak for the people of KwaZulu-Natal. For many
years it presumed to represent all our people from exile. Now it
entertains the same fallacy from Pretoria. This scenario is all
too familiar. For the sake of perceived modernity, the ruling
party is determined to dispense with ancient institutions,
centralise power and reduce provincial government to a mere
administrative and redistributive agency.
In essence, the ANC draft provincial
constitution is an off-shoot of the national 1996 Constitution,
suggesting next to nothing specific or peculiar about
KwaZulu-Natal. It places the Zulu cultural identity, forged in
the 1820s, and all other provincial identities, forged at
different times, at unprecedented peril. Our traditional
institutions have survived the ravages of colonialism and
apartheid. It is doubtful whether they would survive the ANC
draft KwaZulu-Natal constitution.
The IFP draft constitution, on the
contrary, seeks wide consensus. We do not deny diversity. We
embrace it. Not only does our draft accommodate social,
cultural, linguistic and economic diversity within our province,
it also incorporates, while expanding and improving on, a large
portion of the ANC draft constitution introduced by the Premier
in his infamous Constitutional Bill.
By making the best of our status as an
autonomous province of South Africa, we elevate the identity of
the people of KwaZulu-Natal above an illusory pan-South African
identity that may only exist in the minds of ANC ideologues and
the ruling party's provincial fonctionnaires. In matters such as
the Code of Conduct, we naturally call for uniquely provincial
rather than nationally imposed measures.
We go even further. Our draft essentially
empowers KwaZulu-Natal. It brings the national government closer
to our people by creating special entitlement to provincial
services and by promoting economic growth and the protection of
people as consumers. By way of special protection, our draft
makes sweeping provisions for children, especially those
orphaned by HIV/Aids, and the disabled.
Through a Bill of Rights and the
Privatisation Commission, our draft promotes Black Economic
Empowerment while requiring it to be the genuine empowerment of
many rather than the blatant enrichment of an elite,
well-connected few.
Along with economic power, the IFP draft
redistributes political power across the province and its
political spectrum in a truly revolutionary fashion. In this, we
have drawn on the experience of co-existing with the ANC in a
creeping one party state and our draft constitution therefore
bolsters the notion of separation of powers between the
provincial executive and KwaZulu-Natal parliament.
Firstly, our draft reshapes provincial
government by shifting the weight of the executive power from
the Premier to the Cabinet as a collegial body. Ultimately, it
provides for co-operative governance within the province by
promoting the co-operation between traditional leaders and
municipalities on an equitable footing.
Secondly, the IFP draft re-establishes the
centrality of the existing parliament and, by reconciling
democratic institutions with tradition, it introduces a
legislature consisting of two chambers, one of which is
appointed by municipal councils, traditional leaders,
universities, art and cultural associations, trade unions, and
interests groups.
In tune with the idea of equal
distribution of power, our draft constitutions places the
ordinary seat of one House of Parliament in Ulundi, the second
in Pietermaritzburg and the Cabinet in Durban.
With far-reaching consequences for
democratic accountability, the IFP draft prohibits elected
members of the legislature from crossing the floor.
The recent steps taken by the provincial
government towards dismantling of the House of Traditional
Leaders have vindicated the IFP's concerns about the future of
the traditional institutions. The amakhosi, it would appear,
have been all but earmarked for ultimate oblivion. To the Zulu
monarchy, similarly, the ANC draft constitution pays
insufficient attention.
The IFP draft therefore expands and
improves upon the provisions for a Zulu monarch in the
Constitutional Bill introduced by the Premier in line with the
body of ancient customs and conventions. On a related note, our
draft makes provision for the Traditional Prime Minister to the
Zulu Monarch.
In all this, the IFP has looked further
than the ANC's political expediency. We have proved considerably
more progressive than the self-styled progressives in the ruling
party in safeguarding the status, the rights and the privileges
of the people of KwaZulu-Natal. Unlike the ANC, we have drafted
a genuine people's constitution.