ACDP Parliamentary newsletter - 25 September 2003
In this issue:
1. Outrage over backtracking on overseas vote
2. Black Economic Empowerment should assist currently disadvantaged
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1. Backtrack on overseas vote unacceptable, says ACDP
African Christian Democratic Party MP Steve Swart
25 September 2003
The amendment to the Electoral Laws Amendment Bill that will disallow South African citizens from voting abroad is unconstitutional, says ACDP spokesperson on home affairs Steve Swart.
The ANC's last-minute amendment was discussed at an extraordinary Home Affairs Committee meeting at Parliament this morning. The meeting was held following an urgent motion accepted in Parliament on Tuesday that referred clause 9 of the finalised Bill, pertaining to special voting rights, back to the Home Affairs Portfolio Committee for further consideration.
"The ANC's about-turn is unacceptable. The Electoral Commission proposed that certain categories of overseas citizens should be allowed to vote. This proposal was accepted last week, but it is clear that the government is not interested in providing an opportunity for citizens temporarily overseas at the time of the election to vote," Mr Swart said.
"Provision has been made for government officials and their households to vote overseas. The infrastructure will therefore be in place for those overseas to vote and foreign diplomatic missions could, as in 1994, quite easily be used for the purposes of voting on a broader scale."
According to Mr Swart, the exclusion of overseas voters will be in direct contravention of sections 1(d) and 19(3) of the Constitution, which guarantee adult citizens the right to vote in elections.
"The question then arises whether the limitation of the right to vote is reasonable and justifiable in terms of section 36. We think not," Mr Swart said.
"It is unacceptable that many South African citizens overseas will not be allowed to vote while the Bill makes provision for prisoners to vote
"It is regrettable that a lengthy state legal opinion was obtained regarding prisoners' right to vote, whilst the constitutionality of overseas voters was not given the same attention.
"We have received numerous petitions from South Africans overseas who wish to vote and these people will be bitterly disappointed following last week's announcement that they would be entitled to vote.
"In view of the ANC's persistence in disallowing overseas citizens the opportunity to vote while abroad, the ACDP will consider an application to the Constitutional Court to ensure that their voting rights are protected.
For more information: Steve Swart MP at 083 285 6290
Media Liaison: Charmaine Horne at 084 370 3550 or 021 403 3307
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2. Black Economic Empowerment should assist currently disadvantaged
Speech by ACDP MP (NCOP) Mr Kent Durr on the Black Economic Empowerment Bill
We believe the priorities should be economic growth and a growing inclusion in the economy, at all levels, of as many people as possible.
That government should remove all obstructions to growth and do everything possible through education, skills training, access to finance and assistance to assist and to allow maximum entry into the economy, particularly for new entrants.
We must beware of the law of unintended consequences with racially based legislation, which is partial and exclusive.
Racialism was wrong in the past and it is wrong now.
Furthermore it sends out all the wrong signals and is simply not necessary to achieve the laudable objectives of economic inclusion of our people.
We need to be careful also of crony capitalization and helping people that don't need help. We need to focus resources upon the genuinely deserving.
We are aware however of the outcry from many black entrepreneurs who feel that the governments broad based black economic empowerment program is not beneficial or reaching most of the previously disadvantaged people.
The Vice President of the IDC said recently in Cape Town at the Gordons Institute that "black economic empowerment deals in mergers and acquisitions is being abused by companies and individuals that tend to fund the same people in several other deals."
Social engineering - particularly race-based social engineering is not something we in the ACDP wish to promote.
The highest policy making body of the ACDP advocates changing the focus from previously disadvantaged to currently disadvantaged individuals, reducing the emphasis upon race and highlighting the poor and excluded people.
We need to develop and follow inclusive, not exclusive measures.
Nowhere in this bill or in the explanatory memorandum is there any reference to economic growth, also not in the objects of the bill. Yet economic growth I what we should be seeking (almost) above all else. Growth will bring the jobs and force the pace on skills development and the like. It is growth that will create wealth and raise all boats.
We are not at all sure that these measures are going to work. Let me quote firstly Mr Moeletzi Mbeki speaking at the Black Economic Empowerment Summit, ". The government.up to force sale of shares" (Col2) and Patrick Motsepe who said Page 2 Col 1 from"There is. benefit to the economy".
Let us help everyone possible into the economy. We need a new national, broad based over arching national economic identity that links us all and binds us and prospers us. We need a strategy that empowers, motivates and encourages everyone, that engages everyone, that obstructs no one.
The party also would like to see a sunset clause on this kind of legislation.
It would be a vital right to the business community.
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