CONSTITUTIONAL AFFAIRS
Since 1983 the IFP has participated in the
constitutional debate with very detailed policies and proposals. Since 1991 the IFP
policies and proposals have been far ahead of the debate and provided leadership in all
respects. The IFP policies are embodied in:
- Its submissions at
CODESA;
- The IFPs many proposals submitted to the Multi-party
Negotiation Process between March and July 1993;
- The many constitutional proposals made by the IFP between
August 1993 and April 1994, including those submitted to international mediation;
- Submissions to the Constitutional Assembly;
- The Constitution of KwaZulu Natal which was unanimously
adopted by the provincial legislature of that Province on 15 March 1995; and
- The innumerable public addresses, articles and essays by
Prince Mangosuthu Buthelezi on constitutional matters presented both in South Africa and
abroad.
In summary, the following are the main cornerstones
of the IFP constitutional vision.
Devolution of power
The IFP advocates the devolution of power, based
on subsidiarity, in which the provinces are established as the primary government of the
people, and in which the provinces have all the powers and functions which can practically
be exercised at this level. This system would encourage policy differentiation and
competition amongst provinces and would be best suited to serving the needs of their
citizens.
In addition, the IFP favours a justiciable divide
between government and civil society, also based on the notion of subsidiarity, so as to
ensure the pre-eminence of civil society over government. Civil society, including
families, traditional communities, trade unions, universities and professional
associations should be empowered to exercise individual autonomy and to regulate their own
interests whenever there is no compelling reason for government to interfere.
Recognition of rights
The IFP constitutional vision encompasses a
comprehensive system of constitutionally entrenched social, cultural and economic
pluralism, which includes the recognition of group rights, community self determination
and the application of personal law in matters related to disposable rights and interests.
Economic issues
In terms of economic considerations, the IFP
constitutional viewpoint provides a mandate for privatisation whenever the private sector
can provide the same service or product with comparable reliability and efficiency as the
government. In addition, the IFP also provides a mandate in respect of the autonomy of the
central bank, special parliamentary majorities and requirement of verifiable economic
justification for the adoption of a non-balanced budget.
Deregulation
The IFP believes in a system which ensures maximum
deregulation at any given time, and which directly empowers civil society to challenge any
regulation, not merely on legal grounds but also on value grounds, thus shifting the
burden on government to justify its intervention and regulation. Furthermore, there should
be a requirement that all property and assets owned by government be linked to an
identifiable function or purpose. Otherwise the asset should be disposed of, and the
proceeds used to repay public (State) debt.
Bill of Rights
The IFP believes in the need for a strong Bill
of Rights without any of the current loopholes, especially in respect of the limitation
clause which ought to be strengthened by inserting the additional requirement of
necessity.
System of government
The parliamentary form of government should provide
for the separate positions of Head of State and the Head of Government. Political
minorities should receive constitutional protection in parliament. A German type mixed
constituency and PR electoral system, with correctives to an overall PR outcome, is
favoured.
Referenda, plebiscites and petitions
The constitution should entrench the right to
referenda, plebiscites and petitions, both at national and at provincial levels.
Local government autonomy
The constitution should entrench the autonomy of
local government.
Traditional leaders
The IFP strongly believes in the recognition of the
autonomy of traditional communities, and the protection of traditional leadership within
the overall system of pluralism.
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