AZAPO Executive Committee Assessment of the Draft of the New Constitution

Matthew Kuboushek

LIB220 Democracy and Global Diversity

April 10, 2017

 Kuboushek 2

*This paper shall assume that the constitutional draft produced by the May 1 session of class is

the final draft of the constitution. Some of the successes and failures may reverse after this paper

is submitted.*

Azanian People’s Party Official Constitutional Assessment

The current draft of the constitution fails in many regards, just as the Multi-Party

Negotiating Process that produced it failed in many regards, and the new constitution’s positive

characteristics are few and far between. Some significant failures of the new constitution include

the continuation of a partially free market economy and the continuation of white franchise in the

government, however the new constitution has succeeded in giving the country a non-colonialist

name that may allow a new era black self-determination going forward.

Major Issues

Two of the major sources of white power in Azania have remained largely intact. The

free Market economic system, which was introduced to Africa in order to support the economic

machine of colonialism, and some white political leadership. Both will continue to shackle the

new nation going forward.

The economy in particular will continue to serve the interests of the white community. It

is a well-known fact that throughout the implementation of Apartheid a prime objective was the

subjugation of the black majority in order to advance the material well-being of the white

minority. Unfortunately, this constitution shall continue to allow the same economic extraction to

occur into the next century. According to section 14 of the new constitution, the legislature shall

ensure that Azania maintains a regulated free market economy. A “regulated” free market

economy is inadequate for several reasons but the prime problem is that it keeps the same men in

charge of agriculture, mining, and industry. Ever since the Mines and Works Act, the Native
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Regulation Act, and similar early Apartheid acts, whites have had a permanent hold on the

economic leadership of the country.1 Today the average monthly income of whites is R1300 but

blacks only earn an average of R160.2 If the government cannot assume control over the means

of production than the wealthiest segment of the population is guaranteed the ability to exercise

influence—via politic bribery—over the legislature of this nation and hamstring most of the

efforts to fix the income gap via social welfare. Practically speaking, whites will still be writing

the laws of this country; just as in the old apartheid regime, where blacks would trade racial

loyalty for extra cash, elected blacks will surrender the welfare of the African population for the

electoral security ensured by white money.

Of course the leaders of the government would not express a preference for whites over

blacks if whites had been simply jettisoned from holding government office and voting.

Unfortunately, this constitution will allow full political participation whites in the electoral

process, elected office, and the defense and police forces. Blacks cannot hope to attain much

success while whites still have political power, but still less acceptable is the right for whites to

continue serving in the defense forces. According to Jacques Pauw, members of the defense

forces are responsible for fomenting “…black-on-black violence…” and “…destroying military

evidence…3” Both of these crimes should bar whites from serving in the defense and police

forces. Even though the constitution allows-for the legal prosecution of crimes committed during

apartheid, the whole leadership of the defense forces are white, and a toxic culture of white

supremacy fills the ranks of the organization. Furthermore, legal proceedings against former

1
Clark, Nancy L, and William H Worger. 2011. South Africa: The Rise and Fall of Apartheid. (London: Pearson 2011),
22.
2
O’Malley, Padraig. 2017. Income. Accessed May 4, 2017.
https://www.nelsonmandela.org/omalley/index.php/site/q/03lv02167/04lv02218/05lv02244/06lv02251.htm.
3
Morton, Fred and John Eby. The collapse of Apartheid and the Dawn of Democracy in South Africa. (Dubuque:
Loras College n.d.), 226-227.
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Government officials are likely to end with acquittals of whites because the constitution requires

a bachelor’s degree to be a judge and 84 percent of the college-educated population is white.4

The adoption of single-member-districts for appointing representatives in the national

assembly represents another major flaw in the constitution. During the MPNP the AZAPO

delegate’s proposal for a system proportional representation garnered little support. The major

political parties will likely dominate the polls going forward and give smaller opposition parties

no voice in the governance of the nation.5 This of course bodes poorly for the future of the

Azanian People’s Organization and our efforts to advance the needs of Azanians.

Minor Failures and MPNP Failures

The Multi-Party Negotiations generally defaulted to fit the desires of the largest party.

The fact that single-member-districts were chosen demonstrates that many of the smaller parties

were more interested in appeasing the larger parties than surviving as viable parties in the new

state. How it is that so many of the members would roll-over to the force of personality

expressed by some members of the ANC is befuddling to the leadership of the Azanian People’s

Organization.

One minor failure of the negotiations concerns the choice the national anthem. No one

has yet proposed to change from the colonialist relic Die Stem van Suid-Afrika.6 The current

anthem is unacceptable. How can Azania move forward when it is constantly been reminded by

way of music about the past subjugation of the white man? The more African Cosi Sikelele must

be adopted as the national anthem in order to build confidence in the new status quo.

4
O’Malley, Padraig. 2017. Level of Education. Accessed May 4, 2017.
https://www.nelsonmandela.org/omalley/index.php/site/q/03lv02167/04lv02218/05lv02244/06lv02250.htm.
5
Morton, Fred and John Eby, 58-59.
6
2017. National Anthem. Accessed May 4, 2017. http://www.gov.za/about-sa/national-symbols/national-anthem.
 Kuboushek 5

Successes

Fortunately, even in spite of the many problems with the new constitution, the

negotiations have produced some laudable results. One of the most important objectives of this

party, renaming South Africa to Azania, has been accomplished. The official seal of the country

is has been changed to “The Republic of Azania.” Now the process can begin for Blacks, “to

occupy their rightful place in the land of their birth.7” With this achievement AZAPO will likely

be seen as more legitimate in the eyes of regular people and be able to take the fight against,

“neo-colonialism, capitalism, imperialism, and all other forms of oppression in of country” to a

greater stage.8

The adoption of social welfare policies also represent a great accomplishment of the

negotiations. The majority-white, wealthy population will be taxed more in order to begin paying

back the treasure they stole from generations of Azanians. Although this is not as much as

AZAPO delegate had hoped for going into the talks, it does create a means to begin creating a

fair and equitable distribution of the wealth in Azania.

Conclusions

The struggle for liberation is not over. Although the setbacks of this constitution

outweigh the advances, members should not grow discouraged. In the end, the black majority of

Azanians will overcome the repression of the whites. Supporters of AZAPO must take this

opportunity to double their efforts. A fair Azania can be obtained.

7
Morton, Fred and John Eby, 138.
8
Ibid, 139.
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References

Clark, Nancy L, and William H Worger. 2011. South Africa: The Rise and Fall of Apartheid.

London: Pearson.

Morton, Fred, and John Eby. n.d. The collapse of Apartheid and the Dawn of Democracy in

South Africa. Dubuque: Loras College.

2017. National Anthem. Accessed May 4, 2017. http://www.gov.za/about-sa/national-

symbols/national-anthem.

O’Malley, Padraig. 2017. Income. Accessed May 4, 2017.

https://www.nelsonmandela.org/omalley/index.php/site/q/03lv02167/04lv02218/05lv022

44/06lv02251.htm.