CONSTITUTION NOT THE PROPERTY OF GOVERNMENT BUT A PRODUCT OF NEGOTIATIONS

A National dialogue must once again give content to the constitution

The Afrikanerbond has noted with concern the observation by Mr Gugile Nkwinti, minister of rural development and land reform, that the Constitution should be amended, if it stands in the way of the ANC's goal of land reform. The big mistake that the ANC is currently making is to assume that the content and interpretation of the Constitution is the sole right of the ANC.

It is particularly ironic that this arbitrary and ill-considered remarks were made in the week in which Heritage Day is celebrated. South Africa is now in its 17^th year of democracy and we have not yet succeeded in creating a common heritage or history. However, the Constitution is a cornerstone which is supposed to bring South Africans together.

Even more the constitution is based on international norms and standards and provides ample space for policy implementation by any government. When a government, as a direct result of its own failures, cannot adhere to the mandate given by its own constituency, then a change to the constitution, it is a serious threat to democracy.

It is therefore disturbing that a senior government leader, can make a one-sided comment, in opposition to our democratic values and with serious implications to the South African constitutional order. The SA constitution is the historic result of the thoughts and ideals of two conflicting forces, which could act in the interest of South Africa through dialogue and negotiations. The initial negotiations and agreements have been captured in the national accord which led to the constitution and is based on an important balance, namely:

• the need for equality on the one hand and the need for the avoidance of unfair discrimination on the other;
• the need for the protection of property rights on the one hand and the need to promote fair and balanced land reform on the other;
• the need for democratic representation in government and the need for effective services and;
• the need to nurture our rich diverse cultural, linguistic and religious heritage and the need to strengthen overall national unity.

The above is an extremely important heritage and should not be threatened by irresponsible statements based on a blind adherence to the National Democratic Revolution. Our view is that the South African constitution may not be subservient to an outdated ideology. This is a recipe for conflict and disaster and not in the best interests of South Africa and its people.

Because we are concerned about the systematic erosion of the constitution, its values and prescriptions the Afrikanerbond repeats the proposals in our open letter to the ANC of April 2011. The constant pronouncements about nationalisation and the expropriation of property and constitutional amendments are an indication that the time is ripe for a national dialogue on the content and interpretation of constitutional values.

With a national dialogue between civil society and government it is possible to find solutions to the many challenges confronting South Africa and its people. Constitutional changes based on a unilateral interpretation should not even be an option because the Constitution is the supreme law to test policy and public statements and actions, also those of government, against.

Statement issued by Pieter Vorster, chairperson of the Afrikanerbond, September 22 2011

Click here to sign up to receive our free daily headline email newsletter