In August 2017, towards the end of former President Jacob Zuma’s turbulent second term of office and in the middle of yet another motion of no confidence row against him, his predecessor, ex-president Thabo Mbeki (whose own presidency came to arguably, an ignominious end when the ANC’s NEC (2007-2012) declared that they lost all confidence on him) decided to weigh in. President Mbeki in his support of whether secret ballot is necessary and in whose interest are members of parliament, deployed by an elected party, bound to act, argued that the MPs are not obliged to vote in accordance to the directives of the parties that deploy them. He further went on to cite the obligations and oath taken by MPs upon their entrance in parliament. To Mbeki, MPs are not voted in by their parties but the electorate at the national polls held quinquennially, hence their ability to act and vote in accordance to their conscience.
I revisit this episode in our never-ending, political opera not to chirp at Mbeki, but to reflect on how, the incumbent African National Congress President, Cyril Ramaphosa, has borrowed this logic not to argue the same issue Mbeki argued, but to bat away the calls to have his #CR17 Campaign financial records revealed during his standoff with the Economic Freedom Fighters at the Pretoria High Court. Faced with the mounting pressure to reveal the source of funding that enabled him to become President of the ruling ANC in 2017, Ramaphosa argued that “the CR17 Campaign had ceased to exist after the election of the ANC national executive committee at the ANC’s 54th National Congress in December 2017 and thereafter it was the ANC and not the CR17 Campaign that campaigned for the national and provincial government elections held on 8 May 2018. Therefore, it was the National Assembly that elected him to serve as the President of the Republic which led to his ascension and not the CR17 Campaign.”
It must be noted that this response was a rebuttal to the EFF’s argument premised on the Concourt’s previous ruling that “In a democratic society such as our own, the effective exercise of the right to vote also depends on the right of access to information. For without access to information, the ability of citizens to make responsible political decisions and participate meaningfully in public life is undermined. ” According to President Ramaphosa’s logic, there is clear daylight between the electorate and the Members of Parliament, notwithstanding how those MPs get to be elected in the first place. Additionally, the effective exercise of the right to vote which is depended on the right of access to information is not extended to the same National Assembly that he asserts elected him. Curiously enough, Justice Sardiwalla, concurred with this argument, even if its tacitly, given that he dismissed the EFF’s application with costs.
It is not my intention to argue the merits or demerits of the said court case. I shall leave that to legal scholars and the like. My interest is in the socio-political sphere in which President Ramaphosa operates in. Unlike Thabo Mbeki whose logic was steeped in the need to have the interest of the public be prioritized over the often subjective and narrow whims of the few party members and their NEC. President Ramaphosa is effectively relegating this same public interest, even if its by way of obfuscation, by elevating the argument of the NA being responsible for his election and not his own party members by way of the CR17 campaign. Now, it is my contention that, the members of the NA, do not lose their rights upon their swearing into parliament. Their right to vote, is also contingent on the right to access to information. Given the obvious fact that not all members of the national assembly, more so those from the ANC, were privy to the source of funds that enabled President Ramaphosa to ascend to the presidency of the ANC thus its President-elect in February 2018 after the resignation of President Zuma and again its presidential candidate at the 2019 national elections. Will we be off the mark to make the proposition that, knowledge of the source of these funds, might have influenced members of parliament in their decision to elect President Ramaphosa? Didn’t the lack of access to this information contribute materially to his election in the NA?
Evidently, the election of President Ramaphosa both in 2018 and 2019 occurred under extreme limitations brought about his non-disclosure of the CR17 funds. It is my considered view that, knowledge of the source of these funds would have significantly influenced the decision to vote for him as President of the country. Given the obvious evidence of undue influence exerted over some of the government leaders as reported in the State Capture Commission, by various private interest, it is in the best interest that President Ramaphosa voluntarily disclose the donors of his CR17 campaign and stop paying lip service to his “New Dawn” and “renewal” claims.
Lerato Lephatsa is an essayist and political commentator with published pieces in the Culture Review, the Daily Maverick, Mail & Guardian and the Red Pen. He blogs at leratolephatsa.wordpress.com. He writes in his personal capacity