Deputy Chairperson, even though I am being strongly lobbied, I will stick to the main points. This is about the African Charter on Democracy, Elections and Governance. [Interjections.] Well, if the hon member must know, the African Charter is derived from the Freedom Charter.
Even in the postcolonial years, Africa remains a troubled continent due to conflicts and skirmishes that occasionally erupt in some parts of the continent. It is uncommon in most conflict-ridden African countries to observe that those who are in positions of power tend to ascend to such positions through conventional means. Subsequently, they use the state to improve their individual economic position and that of their allies and cronies at the expense of service to the electorate.
Dictatorship, repression and oppression cannot be conceptualised unless there is exclusion of socioeconomic development. The instability caused by skirmishes and corrupt practices has for many years had the effect of perpetuating Africa's underdevelopment and the deepening of poverty and inequality.
It should also be noted that while individual countries have sovereign powers and nonderogative rights to self-determination, the exercise of such rights and powers cannot prejudice the fundamental human rights of citizens of such countries.
It is against this background that the Eighth Ordinary Session of the African Union held in Addis Ababa, Ethiopia, on 30 January 2007, adopted the African Charter on Democracy, Elections and Governance as a means to safeguard democracy. The state parties have assented to the provisions of the Charter.
Democracy in Africa, in context, is anchored by three pillars: representative democracy with a right to vote for and stand for election to any legislature in a country; equality of rights for all citizens regardless of race, colour or sex; and participatory democracy as a struggle of collective self-emancipation by democratic organs of self- government. State parties reaffirmed their collective will to work for the deepening and consolidations of the rule of law, peace, security, and development, and committed themselves to the universal values and principles of democracy, good governance, human rights, and the right to development.
State parties bound themselves to the fact that the use of, inter alia, the following illegal means of assenting to or maintaining power constitutes an unconstitutional change of government aforementioned: any coup d'tat against the democratically elected government; any intervention by mercenaries to replace a democratically elected government; and any replacement of a democratically elected government by armed dissidents or rebels; any refusal by any incumbent government to relinquish power to the winning party or candidate after free, fair and regular elections; any amendment or revision of the constitution or legal instrument which is an infringement of the principles of a democratic change of government.
The South African Constitution is regarded as one of the best in the world as it entrenches the Bill of Rights. It is reasonable to conclude that this charter attempts to extend these fundamental values to the rest of the continent. If South Africa were to fail to live up to the articles of the Charter, it would constitute a breach of her own Constitution, a wrongful act worthy of impeachment and blame. I, therefore, urge that this House adopts accession to this charter.
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.