Human Rights Opinion Politics

Opinion: The presidential system of governance is proving detrimental in The Gambia. We can look to South Africa’s elections for inspiration, benchmarking their robust democratic and political systems

Fatoumatta: The presidential system of governance is proving detrimental in The Gambia. We can look to South Africa’s elections for inspiration, benchmarking their robust democratic and political systems. This is particularly relevant as The Gambia seeks to revive the 2020 draft constitution in pursuit of a more prosperous nation.

Alagi Yorro Jallow

Part I

Fatoumatta: The recent 2024 South African election has imparted important lessons for the democratic and political processes in South Africa, as well as for nations like the Gambia and other ECOWAS member countries, in terms of consolidating and maintaining democratic and political systems. The elections underscored the significance of a well-informed electorate and the trustworthiness and integrity of the electoral management process. Post-election developments in South Africa have demonstrated that the maturity of democracy is intimately linked to the active engagement of citizens and the cooperative efforts of political leaders towards the common good. There is a growing conviction in the power of voting to bring about change and to accurately represent the will of the electorate, a conviction that is vital for the operation of a democracy.

President Cyril Ramaphosa has highlighted the South African citizens’ expectation that their leaders collaborate across party lines to address their needs. The elections have also shed light on the challenges faced by democratic institutions, including political interference that can erode public trust. Recent elections in South Africa and globally provide a perspective on international politics and the changing influence of nations such as the U.S. These events emphasize the durability of democratic systems and the increasing influence of the electorate in determining a country’s destiny. They remind us of the ongoing dedication needed to foster and safeguard the democratic process.

My observation of South Africa’s elections has been thorough, encompassing not only recent parliamentary events but also the country’s journey from resistance against Apartheid to a free democratic rule under Nelson Mandela. I believe that The Gambia can greatly benefit from emulating South Africa’s democratic model. This is particularly relevant as we seek to revitalize and renew the 2020 draft constitution, with the aim of establishing a new third republican constitution. However, it is crucial for the President, his government, the opposition, and the elites to reach a consensus on restructuring our democracy and political system. This should move away from the costly and opaque presidential system, drawing inspiration from South Africa’s constitution and political system, but avoiding a dominant presidential system that could lead to state capture and undermine the principle of separation of powers. This is not to say that such systems of government are inherently flawed.

Fatoumatta: Observing the democratic and political system in South Africa, as well as the recent elections, it appears that Gambia is still quite distant from achieving a similar state. Unlike in South Africa, where the organic law does not grant immunity to the President and premiers, and where influential political leaders have limited power in electing certain presiding officers, Gambia requires a strong National Assembly. Such an assembly would pave the way for a quasi-parliamentary government system, enabling even minority parties to influence leadership selection at crucial times.

The recent peaceful elections in South Africa demonstrated a reliable electoral system free from technical issues. There were no significant claims of corruption or nepotism affecting the political party primaries. The election of South Africa’s unicameral legislature’s presiding officers involved the country’s Chief Justice within the National Assembly chambers. Despite its economic might, South Africa maintains a single legislative chamber and elects regional premiers through a process that is both clear and undisputed in court.

Interestingly, a national democratic culture has developed, with female speakers being elected for the sixth consecutive term, not through affirmative action as some groups might prefer. These female speakers have risen through solid educational foundations, experience in political party management, and active engagement, rather than abilities in popular dance moves.

In the Gambia, it would be wise to set aside pride and vanity and take a page from South Africa’s book on democratic and political systems, which stands as a beacon for the continent. Following the presidential election at the National Assembly, neither the country’s President nor the regional premiers will waste any of the national treasury’s funds on futile election petitions in court.

Furthermore, the election management agency will not approach Parliament for additional funds for by-elections or trivial election petitions. Nor will there be a proposal for establishing an electoral offenses tribunal, which would only serve to increase public spending. The efficiency of their democratic and governance institutions in fostering development is remarkable.

The global media is currently buzzing with reports that South Africa’s 2024 election is a critical benchmark for democratic maturity in Africa. The maturation of democracy depends on the active involvement of a well-informed electorate, the integrity of the electoral process, and the readiness of political leaders to work together for the greater good.

Fatoumatta: In Gambia, political leaders must ponder why the eight years of uninterrupted democracy under President Adama Barrow, following Yahya Jammeh’s twenty-two-year kleptocratic regime, were not widely celebrated. Across the nation, both ruling and opposition leaders, along with civil society groups and the independent press who endured autocratic governance, seemed to be in a dialogue with themselves, offering more unfulfillable promises and concentrating solely on identity politics and the upcoming 2026 election.

Meanwhile, the May 29, 2024 elections in South Africa resulted in the ANC losing its parliamentary majority. However, it was a victory for South African voters, who now witness the formation of a Government of National Unity (GNU). A significant outcome of this new coalition government is the alliance between South Africa’s ANC and the free-market Democratic Alliance (DA), marking a new chapter in the nation’s politics.

The country’s second-largest party, the DA, has agreed to support Cyril Ramaphosa’s re-election as President, marking a significant development. The ANC and the DA have resolved to form a coalition, setting aside their historical rivalry in a landmark governance agreement. For the first time since its ascent to power at the end of apartheid in 1994, the ANC lost its parliamentary majority in the May 29 elections. Its vote share plummeted from 57.5% in 2019 to 40.2%, as supporters turned to splinter parties amidst persistent unemployment and deteriorating public services. The final results of the pivotal South African election confirmed the ANC’s loss of majority status. Subsequently, the free-market-oriented DA, which garnered nearly 22% of the vote, backed Ramaphosa’s re-election by lawmakers for a second term. As part of the agreement, DA MPs voted for an ANC Parliament speaker in exchange for the deputy speaker role. The deal was successfully sealed on Friday night. The ANC-DA coalition is well-regarded by major businesses and international investors, with expectations that Ramaphosa will continue advancing policies like permitting private sector renewable energy production, which has helped reduce power outages.

The DA leader has stated that negotiations are ongoing regarding policies and cabinet positions, noting that the constitutionally mandated two-week period following the election results for electing a president should be extended to allow for a comprehensive coalition agreement. Meanwhile, the Inkatha Freedom Party (IFP), a Zulu nationalist party, and the Patriotic Alliance (PA), which advocates for reinstating the death penalty and deporting illegal immigrants, have both indicated their intention to join the government.

Incorporating the IFP, which secured 3.8% of the vote, serves as a strategy to counteract criticism of the ANC’s collaboration with the predominantly white DA. The PA, under the leadership of Gayton McKenzie, a self-proclaimed reformed bank robber, received 2% of the vote and draws support from South Africa’s Coloured communities.

Fatoumatta: The ANC’s vote share significantly declined, largely due to the emergence of the new uMkhonto weSizwe (MK) party, named after the ANC’s armed wing during apartheid. Surprisingly, it secured third place in the election with 14.6% of the vote, only six months after its establishment by former president Jacob Zuma in December, who has been in a bitter feud with Ramaphosa since his resignation in 2018. Some analysts believe Ramaphosa’s proposal for a Government of National Unity (GNU) aligns with his cautious political style and portrays the ANC as inclusive, suggesting that parties which did not join are self-excluding.

Another takeaway is the ANC’s challenging position after losing its majority. Unlike Gambia’s presidential system, where losing the majority does not preclude victory as long as it is confirmed by the highest court, in South Africa’s constitutional democracy, a party without a majority must seek coalition partners and attempt to reform in light of waning support. This is the conciliatory tone Ramaphosa adopted after the loss of majority:

“Our people have spoken; whether we like it or not, they have spoken,” he said, adding that South Africans expected political parties to work together and find common ground….

In South Africa, an incumbent president lacks protection, which brings to mind the downfall of Jacob Zuma. A judicial inquiry accused Zuma of dismissing competent officials, installing loyal ministers, and manipulating the awarding of significant contracts during his tenure from 2009 to 2018. This was purportedly to favor the Indian businessmen brothers Atul, Ajay, and Rajesh Gupta, according to the 2022 Zondo commission report, in what is known as the “state capture” scandal. Zuma, 82, has been embroiled in a fierce dispute with Ramaphosa, 71, since his removal as President by the ANC. He is scheduled to stand trial next year on allegations of accepting bribes from the French arms company Thales in 1999. Zuma has denied all charges in the Thales case, dismissing the “state capture” claims as a conspiracy against him.

In 2022, President Ramaphosa faced calls to resign after an inquiry suggested he may have engaged in serious misconduct linked to a large sum of money stolen from his game farm in 2020. The situation escalated when Arthur Fraser, South Africa’s former intelligence chief, filed a police complaint in June, accusing Ramaphosa of money laundering, corruption, and concealing a significant theft. According to Fraser’s affidavit, thieves broke into Ramaphosa’s Phala Phala game farm in February 2020, discovered at least $4 million in foreign currency concealed within furniture, and absconded with it. Following Fraser’s allegations, a police investigation commenced, prompting inquiries into the origin of the cash and its declaration status. The incident, referred to as the “Farmgate” scandal by the press, eventually saw Ramaphosa exonerated from the accusations.

Fatoumatta: In the Gambia, endemic and systemic corruption has enriched the close associates and sometimes the tribespeople of former political office holders, yet none of its past or present leaders face corruption charges. The Gambian constitution contains an unusual immunity clause for sitting presidents, allowing the President to pardon and propose amnesty bills for chosen individuals. Moreover, no anti-corruption body is permitted to prosecute former leaders for corrupt activities after they leave office. South Africa is indeed a member of the influential G-20 and BRICS, while the Gambia is not. It is also concerning that powerful political figures seem to have significant influence over the President in the Gambia, raising questions about state capture. The link between sound democratic governance and development is evident, and it is crucial to recognize and be inspired by the genuine champions of democracy in Africa to foster a more prosperous Gambia.

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