By Nco Dube 

On the morning of 25 April 2024, we woke up to a barrage of social media posts by ANC leaders and supporters hailing an excellent showing at the by-elections held around the country the previous day. It looked like a real emphatic showing by the governing party with really decent margins even showing growth in some wards in defiance of expectations from critical commentators and analysts. 

Only, they did not mention this was a carefully orchestrated PR stunt to project a resilient ANC, pulled off against the constitutional rights of thousands of voters who were denied their sacrosanct right to regular elections. It was not mentioned that previously ANC wards where it now faced a threat of a disheartening poor performance were manipulatively postponed to a date after the national elections. 

The manipulation of electoral and constitutional processes to stay in power is a serious issue that has been observed in various parts of the world, including Africa. This manipulation has the potential to progress into wholesale undermining of the constitution and lead to the erosion of democracy and even conflict. 

In the context of South Africa, the MEC for COGTA in KZN, recently failed to declare by-elections after trying to cajole the IEC into taking part in her illegal scheme to engineer an unconstitutional deferral of by-elections for political ends. The MEC then simply ignored her statutory duty of declaring the by-elections claiming she was waiting for a response from the IEC to her illegal request thereby unlawfully forcing the politically convenient postponement she wanted. 

She then disingenuously and hastily approached the High Court on a self-created urgent basis to apply for the Court to rubber stamp her brazen act of unlawfulness, citing the country’s campaign for the national elections in May and the lack of resources for smaller parties to focus on both campaigns. This move has raised concerns about the manipulation of electoral processes to maintain power, especially in the face of stiff competition from other political parties. 

It is imperative for the ANC to keep a brave face against the looming threat of the new MKP led (or supported…) by the former President of the ANC and country, Jacob Zuma. Indications are that the introduction of this political party into the KZN political landscape will drastically change the ANC’s fortunes at the ballot in KZN. This as the ANC was already facing a resurgent IFP in the province, on top of a general perceived loss of public confidence in it. 

This unlawfully engineered postponement of the by-elections in KZN is one of a series of embarrassing and desperate knee-jerk, half-thought actions we have witnessed from the provincial governing party leaders recently. Only this one was way more brazen and undermines the very basis of our constitutional democracy. The right to go to regular elections. This was done purely for self-serving political needs with no care for the rights of voters, the constitution and the integrity of elections in this country. 

Historically, liberation movements in Africa have faced challenges in sustaining constitutional power after gaining independence. The Rise and Fall of the Liberation Movements in Africa (Dr. Zamokuhle Mbandlwa. [2023]. The Rise and Fall of the Liberation Movements in Africa. Migration Letters) highlights how the liberation movements in African countries were able to liberate African people from colonial rule but have failed to sustain power through constitutional means resorting instead to underhanded and unconstitutional means to cling on to power. In many cases, the manipulation of electoral and constitutional processes has been a significant factor in keeping them in power and resulted in the erosion of constitutional democracy and even conflict in some cases. 

In Africa, elections have become a means of appointing rulers and legitimising governments instead of being the voice of the people. The acceptance of election results then becomes a problem. In a majority of African countries, election outcomes have led to bloody conflicts and costly legal battles. 

The persistence of the status quo in Africa has been attributed to the governing parties’ ability to use the law to enhance their discretion and avoid accountability and also position as a country’s national interlocutor with the international community, which allows them to curry favour and deflect criticism of authoritarian actions (Leonardo R. Arriola, Lise Rakner, and Nicolas van de Walle, Democratic Backsliding in Africa?. In: Democratic Backsliding in Africa? Edited by Leonardo R. Arriola, Lise Rakner, and Nicolas van de Walle, Oxford University). 

This is exactly what has unfolded with the 24 April by-elections in KZN, and we can’t sit back and allow South Africa to go down that one-way slippery slope. 

To address the manipulation of electoral and constitutional processes, it is essential to strengthen democratic institutions and promote transparency and accountability. It also calls for a vocal public, a vigilant media and an active civil society that scrutinises and call out even the slightest manipulation of electoral processes regardless of how innocuous they may seem. 

This includes ensuring that elections are free and fair, addressing issues of voter suppression and manipulation, and promoting a culture of human rights and popular participation as central elements of democracy. 

In conclusion, the manipulation of electoral and constitutional processes to cling on to power is a serious issue that has been observed in various parts of the world, including Africa. This manipulation can progress into wholesale undermining of the constitution and lead to the erosion of democracy and even conflict. 

It is crucial to strengthen our democratic institutions, promote transparency and accountability, and address the root causes of electoral manipulation to ensure that elections are free and fair and that the democratic process is not undermined like we have just seen with the selective postponement of the recent KZN by-elections. That our fundamental rights are not trampled upon at the whim of unscrupulous politicians. 

We owe gratitude to the IEC for showing its mantle by correctly refusing to be party to this perilous manipulation of our electoral processes for political gain. Now the ball is in the judges’ court to set a good precedent and harshly punish these unlawful acts to deter any other future attempts. 

Dube is a political economist, businessman and a social commentator. He writes in his personal capacity.