Assessing Democracy Survey in South Africa

1. Assessing Democracy Survey in South Africa

2. Table of Contents 3 4 19 34 43 58 70 79 90 99 111 124 142 152 161 • Introduction • Citizenship & Nationalism • Access to Justice & Rule of Law • Civil & Political Rights • Economic & Social Rights • Free and Fair Elections • Democratic Roles of Political Parties • Government Effectiveness & Accountability • Civilian Control of the Military • Minimizing Corruption • The Media in a Democratic Society • Political Participation • Government Responsiveness • Decentralization • International Dimensions of Democracy

3. Introduction to Democracy Survey • The purpose of this slideshow is to analyze democracy in South Africa by: • Researching different aspects of criterions for a successful democracy • Presenting an hypothesis and either proving or disproving this hypothesis • Determine if democracy is successful or not

4. Citizenship and Nationalism Darren Redshaw Anneliese Hinz

5. Nationhood and citizenship are important foundations for democracy, but how strong is this foundation in South Africa?

6. How inclusive is citizenship? • All who are born in the country • Parents are citizens • Naturalized citizenship • No citizen can be deprived of citizenship.

7. Steps towards citizenship • Valid permanent residence permit or exemption • One year's ordinary residence in the Republic of South Africa immediately prior to the application. • In addition 4 years of physical(actual) residence in the RSA during the eight years before the application (excluding the year of ordinary residence).

8. Steps towards citizenship cont. • If married to a South African spouse, two years of permanent residence and two years of marriage to the South African spouse immediately prior to the application. • Intends to continue to reside in the Republic or falls within the further categories specified in section5(1)(e). • Be good and sound character • Able to communicate satisfactorily in any one of the official languages of South Africa.

9. Steps towards citizenship cont. • Have adequate knowledge of the duties and responsibilities of a South African citizen. • (http://www.skillclear.co.uk/sa/citizenshipExemptions.asp)

10. How well minorities are protected • The Constitution forbids all unfair discrimination. • All discrimination is unfair unless it is established as fair.

11. Minorities • White- 9.6% • Colored-8.9% • Indian/Asian-2.5 • http://www.cia.gov/cia/publications/factbook/geos/sf.html#People

12. Minorities • While whites are in the minority they still have a lot of money and power because of the advantages that they gained during the apartheid system.

13. State boundaries

14. How well are divisions reconciled? • Can be moderated very well • TRC – Truth and Reconciliation Committee.

15. Amending the constitution • 2/3(66%) of parliament vote for it and At least 6 provinces in the National Council of Provinces (NCP) vote to change it

16. To amend how the constitution is amended • 75% of parliament must vote to change it • 6 provinces in the NCP most vote to change it

17. Problems • There were some court cases about people who were trying to get some aid granted to them but they were not citizens. • There is still some economic inequality between minority and majority.

18. CONCLUSION Nationhood and citizenship are important foundations, and it is good that South Africa has these principles well established in its constitution, but this strong constitution is nothing with out access to justice and the fair rule of the law.

19. South Africa Access to Justice and the Rule of Law Tim Porter

20. Intro • The government of South Africa has made changes drastically since the end of the apartheid in 1994. This change has improved the country as a whole as well as also improving the access to justice for its citizens by promoting the rule of law.

21. To what extent is the rule of law operative throughout the territory? • The African National Congress, which has been the dominating party since the end of the apartheid, has helped to improve the country’s status towards a better democracy, however the improvement is slowing down. • The amount of red tape makes it very difficult to open or to continue to run a small business.

22. There is little to no police patrols outside of the big cities. people in rural areas do not have as much access to justice because of this.

23. To what extent are all public officials subject to the rule of law and to transparent rules in the performance of their functions? • The arms deal is an example of corruption. • There are corruption laws in place to try and prevent this. • The corruption score on a scale of 0-10 with 0 being highly corrupt South Africa got a 4.5

24. How independent are the courts and the judiciary from the executive, and how free are they from all kinds of interference? • The South Africa Judiciary branch is only subject to the constitution and the law. • The judges however are appointed by the executive much like here.

25. How equal and secure is the access of citizens to justice, to due process and to redress in the event of maladministration? • As in most developing countries things are improving but they are far from fixed. • The amount of private police is almost double the amount of public police, and most people can not afford to hire private police.

26. There is a shortage of schooling for lower middle class people which in turn is causing a lack of jobs to do on a local level • At the end of the apartheid many poor black people were promised low-cost housing but many have yet to receive any such thing.

27. What extent do the criminal justice and penal systems observe due rules of impartial and equitable treatment in their operation? • Although there are laws and even governmental groups that are in place to ensure equality like the Truth and Reconciliation Commission things are not equal. • Due to the amount of cases that are brought before groups like this as well as the cost of taking care of these cases mean many are not heard or are ignored leaving people bitter and feeling unresolved.

28. When the government acknowledged the need to deal with the problems left by the apartheid they never found all the answers and many are still unanswered today

29. How much confidence do people have in the legal system, to deliver fair and effective justice? • Serious problems are still present. • Police abuse is still present is South Africa and the high cost of lawyers hampers the access to justice.

30. Also, problems occur in the equality laws that cause black as well as white people to complain and feel a lack in justice. • Overall the court systems are improving with the equality courts providing people more confidence in them and that they can actually be heard.

31. What measures if any are being taken to remedy publicly identified problems in this field, and what degree of public priority and public support do they have? • The truth and reconciliation commission has given amnesty to people who have applied, but with the large amount of people it is hard to justify everyone. • Since the end of the apartheid there have been 1.6 million more houses built for the poor.

32. There has been a stable economy with low inflation. • 70% of the households have now got electricity. • 9 million have access to clean water.

33. Conclusion • The new government that is in place has made significant steps towards a better democracy, improving the access to justice and promoting the rule of law throughout the country. The country as whole has greatly improved from the time of the apartheid. Even with these changes there still are a lot of more things that need to be changed. However, when will a country ever be perfect with every citizen having equality?

34. Civil & Political Rights “Solemnly proclaiming a constitution & a Bill of Rights is one thing; promoting them & inculcating the substance of these fundamental documents into the minds & hearts of people is another.” -Johannes Van Der Ven Matt Brown & Danielle Genovese

35. How Free Are All People From Physical Violation Of Their Person, & From Fear Of It? • South African Constitution, Chapter 2, Section 12. • Supported by organizations such as Human Rights Watch, World Health Organization, United Nations General Assembly. • Sexual violence against women & children a problem of “epidemic proportions” in S.A. [Human Rights Watch] • Problems with HIV/AIDS. • Lack of information sharing & implementation of PEP (Post-Exposure Prophylaxis). • Promotion of Equality & Prevention of Unfair Discrimination Act (2002). • Domestic Violence Act (1998). • Independent Claims Directorate criticized police management for a lack of commitment to ensuring that the police fulfilled their obligations under the Domestic Violence Act. [Amnesty International (2004) ]

36. How Effective & Equal Is The Protection Of The Freedoms Of Movement, Expression, Association, & Assembly. Movement • S.A. Constitution, Chapter II, Section 21. - Note, right to “enter remain in & reside anywhere in the Republic.” • Overcame problems of Apartheid. • Certain groups mistreated by police, including those seeking political asylum and undocumented workers. Expression • S.A. Constitution, Chapter 2, Section 16. - Includes, “Freedom of the Press.” - “Freedom to receive or impart information or ideas” Many support groups working to promote access and share information about HIV/AID • The police Annual Report for the period ending March 2003 recorded a decrease of 5.7 per cent in reported rapes. There were 52,425 officially reported rapes, a third of the estimated actual number. More than 40 per cent of the victims were aged 18 or younger. The conviction rate for rape remained low, at an average of seven per cent. [Amnesty International 2004] • What do S.A. think about Freedom of Press?

37. Attitudes Towards Human Rights Among S.A. Youth • Survey Conducted on a representative sample of 538 Grade 11 Students in the Johannesburg/Pretoria Region. • Asked a variety of questions, including their feelings about certain Human Rights, including sections of Civil and Political Rights. • Results of Survey - The students had ambivalent attitudes towards civil and political rights. - Had more positive attitudes towards the freedom of speech and right to lifestyle than the freedom of assembly or the freedom of press. (Van Der Ven, Johannnes A., Dreyer, Jaco S., and Hendrik J.C. Peiterse. "ATTITUDES TOWARDS HUMAN RIGHTS AMONG SOUTH AFRICAN YOUTH." Religion & Theology 7.2 (2000))

38. How Effective & Equal Is The Protection Of The Freedoms Of Movement, Expression, Association, & Assembly Cont. • Protection of Constitutional Democracy against Terrorism and Related Activities Bill. -After criticism by NGOs, the final version of the law increased safeguards against arbitrary arrest and searches and infringements of freedoms of expression, association and assembly. [Amnesty International] Association • S.A. Constitution, Chapter II, Section 18. - Includes, “Right to Form a Political Party.” - Some concerns to ANC Domination & overwhelming majority. • Public Funding of Represented Political Parties Act (1997). Assembly • S.A. Constitution, Chapter II, Section 17. - “Everyone has the right, peaceful & unarmed to assemble, to demonstrate, to picket & present petitions.” • Widespread Police Abuse. • South Africa: Police Fire on Peaceful AIDS Protestors (2005) • [Human Rights Watch] -Prevention & Combating of Corrupt Activities Act (2004). -Some members of the police commit abuses, and deaths in police custody as a result of excessive force remain a problem. The government has taken action to investigate and punish some of those who commit such abuses. [U.S. Department of State: Bureau of African Affairs]

39. Feelings On Corruption In S.A. • 56% felt persons in government worked for their own account rather than public interest. • 46% thought ‘most’ or ‘almost all’ office bearers were involved in corruption. • 41% felt that the level of corruption is increasing. (Camerer, L. “Costly Crimes: Commercial Crime and Corruption in South Africa.” Institute of Security Studies Monograph, 1997.) • Corruption -The provincial minister and senior officials in the Department of Health were removed from their positions in August. They were under investigation for corruption, including misappropriation of the province’s 19 million Rand HIV/AIDS budget. [Amnesty International 2004]

40. How Secure Is The Freedom For All To Practice Their Own Religion, Language, Or Culture? • S.A Constitution, Chapter 2, Section 15. • Backing of UN General Assembly. - Elimination of all forms of religious intolerance. • Language barriers & access to information broke down by translation technology. - Promotion of Access to Information Act (2000). -Educational groups, including USAID, promoting access to education by providing materials in 10 different languages. • Survey found higher confidence in “Right to Lifestyle” than other rights.

41. How Free From Harassment & Intimidation Are Individuals & Groups Working To Improve Human Rights? • The Bill of Rights clearly states that all citizens are to be treated with dignity in all situations, and that in order to be detained their must be a clear and valid reason. • Amnesty International is a group that is present all over the world working to improve all human rights, and equality • Chapter 2 in the S.A constitution-The Bill of Rights, it clearly states most to all the necessary human rights needed for human sustainability with dignity. • S.A Constitution chapter 2-(9.1)Everyone is equal before the law and has the right to equal protection and benefit of the law • GEAR (Growth, Employment, and Redistribution) was started in 1995 after the apartheid was ended to help the country strengthen its economic system, and lower its staggering un-employment rate. -Journalists with the independent African Eye News Service in Nelspruit were harassed by officials as a result of their investigations into alleged corruption within the provincial government. In late 2003 police officials in Pretoria instituted an investigation into the failure by local police to act on complaints lodged by the journalists in 2002 of threats and attacks by known criminals. [Amnesty International 2004]

42. What Measures, If Any, Are Being Taken To Remedy Publicly Identified Problems In This Field, And What Degree Of Political Priority & Public Support Do They Have? • Alteration of Sex Description & Sex Status Act (2003). • Child Care Amendment Act (1998). • Sterilization Act (1998). • Witness Protection Act (1998). • Prevention of Organized Crime Act (1998). • Supporting Organizations -World Health Organization. -Human Rights Watch. -Independent Complaints Directorate. -United Nations General Assembly. -Amnesty International

43. Economic & Social Rights By Dion Low & Jenna Rodriquez

44. Introduction As we had concluded with the topic of the civil and political rights, we begin with the economic and social rights in South Africa. We are to explain the health of the population, the basic necessities of life, economic and social programs, education, trade unions, and corporate governance.

45. To what extent is access to work or social security available to all, without discrimination? Since April 2005, South Africa developed an agency called the South African Social Security Agency. This agency was put in place to prevent fraud and to make the system more efficient. Approximately 300,000 people are collecting benefits, but were not entitled to them. So this year, South Africa implemented an amnesty campaign. This would cover the 300,000 people that are not covered. The social security covers about 6.2 million children, disabled citizens, and the elderly.

46. South Africa has a shortage of skilled workers for their booming economy. Deputy President Phumzile Mlambo-Ngcuka created the Joint Initiative on Priority Skills Acquisition (JIPSA). This task force is to identify what are the urgent skills needed and to give advice on how they can be met. JIPSA says that the number one road block to their economic growth was the lack of skilled workers. The lack of workers were due to the repercussions of the apartheid. Now, the citizens are either being trained in South Africa or overseas. The jobs that they had created are not limited to their citizens; Immigrants are welcomed to join in.

47. How effectively are the basic necessities of life guaranteed? South Africa is the most advanced, broad based economy in that continent. Their infrastructure rivals any first world nation. They produce two-thirds of Africa’s electricity, and twenty percent of the world’s gold. Most of their region has abundant of food and water. But, there are still areas that lack these commodities.

48. To what extent is the health of the population protected, in all sphere and stages of life? South Africa’s health care system consist of two sectors. One the smaller, fast growing private and the other the under-funded , over-extended public sector. The private sector caters to the middle and upper class . Also, they cater to the health care professionals. This inequity was due in part to the apartheid. To solve this inequity, they implemented a district based system to have local control. This is to ensure that health care is affordable to all. Now there are 3,500 clinics for the public sectors. At these clinics, free health care is available to pregnant mothers and children under six of age. (CONTINUE)

49. The public sector also are swamped with patients who has AIDS/HIV. This epidemic has drained a lot of the systems resources. The good news is that the data shows that the level of people infected is starting to level off.

50. How extensive and inclusive is the right to education, including education in the rights and responsibilities of citizenship? The ministry of education introduced a new education laws amendment bill. This will provide free education to the poor and to raise the indigenous African language to the same status as English and Afrikaans. The other reforms are to improve mathematical literacy, life skills, wages for teachers, and financial support for students. To ensure that all children are to be educated equally, parents who can not pay for school fees are relieved of that burden.