Should SA revamp its Constitution?
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- Опубліковано 9 лип 2024
- In this episode of SMWX, we dive deep into the debate on whether South Africa should consider revamping its Constitution. As the nation grapples with socio-economic challenges and political transformations, the call for constitutional reform has become more pronounced. Join us as we explore:
a. The historical context and significance of South Africa's current Constitution.
b. Key arguments for and against constitutional amendments.
c. The different functions of the SA Constitution
Share your thoughts in the comments, and let’s engage in meaningful dialogue!
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I am grateful for this enlightening video. Every time I have watched your videos I walk away better equipped to navigate politics and he governing of our country. I really really really appreciate you Sizwe. Thank you for your contribution and passion for for this country.
True
So true
Why not just implement federalism like it should be? We have 9 provinces with own "local governments" but the problem is the central ANC government is keeping strategic powers and dept's under control of themselves to the detriment of the people of that provinces. That is exactly why the W Cape wants to secede, they pay tax to the central government which is wasting that money and then blame the DA for not being able to prevent crime in certain areas. Racial justice and peace can only be achieved when all cultural groups have the right to manage their own future in terms of self-determination, and that is a reality.
There are a few problems with that. One that I came across was the potential for self interest. Let's take a province like North West. There is a lot of agriculture and mining in that province. It would be ideal to have railroads that go to the harbour so that North West can access the international market.
But what if the coastal provinces don't maintain the railroads? What if they don't see that rail as an investment for them, but an expense? What if they impose a fee for using the rail? This will increase the price of North West's products, making them uncompetitive. You would need some overseer like the national government to make sure that the provinces maintain one common goal.
@@oleratomokoka7955 Good question, in a federal state some of the assets like railways will fall under the federal government, so the different states can make use of it it will be an asset to the benefit of all.
"You would need some overseer like the national government to make sure that the provinces maintain one common goal" Sure that is the function ot the federal government which will have only limited powers.
imo the WC independence request must be addressed. Fundamentally WC and KZN is the most different and odd fit versus the general rest of the country. The inability to keep the majority of WC and/or KZN happy. Is the crux on how the call for independence is created. The refusal to acknowledge a significant portion of believes fosters conflict.
Thanks Sizwe, I like the way you simplify the content of the constitution.
The constitution of SA should are line up with our life time for our future not our past we need a continuation that will allows everyone to be part
Dope content Siz. Each time I engage with your content, the more political active and enlightened I become. The selection of guest you host ties well with concepts that are a common theme for the channel.
i can imagine it takes you a crazy amount of work to do the research for the various concepts that forms part of the discussions on the episodes of the channel. YOU’RE A 🐐 MY BROTHA!
We have BEE, AA and land reform. An aggressively redistributive tax system….. all in place for redress and inline with the constitution. What is the problem- corruption, incompetence and policies!
@@Tokengesture this constitution was not written to protect the people, it was created to protect the elite black politicians and the billionaires...that is why today...we have politicians who are now billionaires, and billionaires who are politicians......
Go eat the land...
South Africa needs political reformation not only BBEE, AA, EWC, etc
They created something like BEE but they are angry at their own systems
something i guess Sizwe would be too awkward to mention is that actually the western cape has had the most successful land redistribution system. but that would mean he would have to compliment the DA :(
This awesome channel is creating a breed of well informed thinkers. Thank You Dr Sizwe for educating the nation on matters that impact our very existence💡
🙌🏽🙌🏽
education or indoctrination? His father defended Zuma in court
@@erickdavid2412 I don't always agree with Sizwe. But learning who his father was made me respect him more not less considering many of his points of view diverges substantially from his father. Must be a difficult thing considering the high profile. At very least this displays a commitment to intellectual honesty whether I agree with him or not.
@@erickdavid2412so what? How does that affect Sizwe's objectivity as an independent thinker with his own views and opinions about issues? Demonstrate that bias with evidence if you can? Also, why's his father's choice to represent Zuma an issue? isn't he intitled by law to any legal representation of his choice like every other citizen of this country?
@@Jacolathcouldn't agree more, the problem with emotionally driven thinking is its tendency to dismiss positions or arguments of those with whom you disagree without even attempting to objectively examine the merits or lack thereof relating to that which is being advanced, it's a mental knee jerk reaction that automatically rejects anything that doesn't agree with your echo chamber views. And to be fair I will not hesitate to admit that I do find myself tripped up by emotionally inclined reasoning in some heated moments of debate now and then, it happens to the best of us. Nevertheless, I salute your intellectual honesty and emotional compossure to evaluate what the man has to say, whether you agree with him or not, as fairly and objectively as you can
The South African Constitution is divided into 14 chapters. Each chapter covers a distinct area of the nation's legal and governmental framework. The chapters are as follows:
1. **Chapter 1: Founding Provisions**
- Outlines the fundamental principles of the Constitution, including the establishment of the Republic of South Africa and its foundational values.
2. **Chapter 2: Bill of Rights**
- Enshrines the rights of all people in South Africa and affirms the democratic values of human dignity, equality, and freedom.
3. **Chapter 3: Co-operative Government**
- Establishes the principles of co-operative governance and intergovernmental relations among the national, provincial, and local spheres of government.
4. **Chapter 4: Parliament**
- Describes the structure, powers, and functions of Parliament, which consists of the National Assembly and the National Council of Provinces.
5. **Chapter 5: The President and National Executive**
- Details the election, powers, and functions of the President and the national executive branch of government.
6. **Chapter 6: Provinces**
- Defines the structure, powers, and functions of the provincial governments and their legislatures.
7. **Chapter 7: Local Government**
- Provides for the establishment, structure, and functions of municipalities and local government.
8. **Chapter 8: Courts and Administration of Justice**
- Outlines the structure, powers, and functions of the judiciary and the courts, ensuring the independence and impartiality of the judicial system.
9. **Chapter 9: State Institutions Supporting Constitutional Democracy**
- Establishes independent institutions to support and safeguard democracy, such as the Public Protector, the Human Rights Commission, and the Auditor-General.
10. **Chapter 10: Public Administration**
- Mandates the principles and values governing public administration, emphasizing accountability, transparency, and efficiency.
11. **Chapter 11: Security Services**
- Regulates the establishment and functioning of the police, defense force, and intelligence services, ensuring they operate in accordance with democratic principles.
12. **Chapter 12: Traditional Leaders**
- Recognizes the institution, status, and role of traditional leadership according to customary law, within the framework of the Constitution.
13. **Chapter 13: Finance**
- Governs the financial management of the state, including provisions for the National Revenue Fund, provincial and municipal finances, and financial oversight.
14. **Chapter 14: General Provisions**
- Contains miscellaneous provisions, including those related to international law, transitional arrangements, and the procedures for amending the Constitution.
These chapters collectively establish the framework for South Africa's democratic governance and the protection of fundamental rights.
A strong framework does not necessarily mean a strong superstructure. But one cannot build on sand ands then expect success; the Bible ie very clear about that. Constitutional failures abound in history; the Batavian Republic had three within three years; the USA once had an amendment that was rescinded. In Canada, there is a serious position that the 'patriation' of the early 1980's has not yet been fully adoipted - although the courts have assumed that it has.
Nice explanation but if you think the shockingly poor service delivery is due to the constitution you are clearly mistaken.Corruption, incompetence and policies are the reasons and in that order. I suspect “confusion “ due to the constitution is .1% of the problem.
I totally agree with you. Thanks for explaining the document. I'm going to read the constitution and critically analyse it in my own time. I think there's more that meets the eye and maybe it's about time the constitution gets amended 🙏🏽
How will amending the constitution help change the negative cultural aspects of our country?
How will it change the drug and alcohol abuse, teenage pregnancies, violent taxis culture, fathers abandoning their families and the culture of burning and destroying public infrastructure?
We are constantly being told , to uphold this constitution,... when will it uphold us....
What more do you want? Free everything?
@@LeonKotze70 what we want you cannot give... because you do not have it...all we want is humanity.....
@@senzomemela1311 as you said, I can't hove that to you. Only you can.
@@LeonKotze70 exactly, what more do they want?
@senzomemela, as Sizwe has explained in this video very clearly, the constitution of South Africa upholds us everyday - the freedoms that we often take for granted, eg. the freedom of speech, freedom of expression, freedom of association, freedom to work, play, study, and vote - all these freedoms come from our constitution.
Without a doubt! South Africans deserve a proper democracy. For the people by the people. Sovereignty and individual liberty. Finally ridding ourselves of the strings of colonisation.
Very informative, thank you Dr. Sizwe ®️
I agree, 3 Tier system is not understood and causes a lot of confusion
As soon as you get into “naming the problem” you are in the realm of highly contested theoretical positions that inevitably change over time.
Everyone from normies like myself, law, politics scholars and judges believe the constitution needs to reform in some form in order for the country to move in the direction of liberating the majority from the generational effects of apartheid that are still systemically maintained.
Could you name one systemically remaining aspect and then one thing you would consider changing in the constitution to make that real world systemic change?
@@tommygun5035 the economic system that decides what kind of a life you'll live, your property loan, repayment rates business loans etc all exist on the backdrop of a economic system that reflects apartheid. That's how you can also find people with qualifications serving under people with no qualification and competency. I have friends in engineering software finance quant all complaining about the same thing. Certain people get jobs easily and climb the ladder easily regardless of qualification or competence.
@@tommygun5035 another layer could be how the markets which are predominantly apartheid patterns of ownership favour certain parties or ideologies in government but tank the stocks/currency when progressive parties claim to negotiate for the people. Ask yourself when last you heard ratings agencies status on SA Vs under Zuma, is it a coincidence or do the markets enjoy Cyril because he will continue the status quo
@@tommygun5035 reparations from companies individuals and countries that engaged in colonialism and apartheid in SA, restorative justice, better transparency in government, private money out of politics because obviously the ruling class sipping on apartheid money will not want a more equal SA/restorative justice. There's more that more qualified people than me can offer to the table to make SA better.
Interesting list but what change to the constitutional are you suggesting?
If they truly desire to change the constitution they must also be open to change section 25 of the constitution so that the land question be addressed once & for all...
Absolutely
how would you rephrase s25 in your words?
Who is getting the land. You or the government? If you get the land. how will that make you suffer less? Are you just gona take the profits and live big? Are you gona distribute the wealth meaning every one will be equally poor.
@@erickdavid2412It will be up to him what he does with it if it belongs to him. The point here is to have the land even if it's left to waste away, and it's new owners starve and eventually die in it. The "delusions" that you are alluding to are irrelevant. The point is owning the land.
Any answers to the same questions. Most important one is, who will grow food for 50 million people.....
Dr. Sizwe, please invite Prof Mogobe Ramose', he goes to the beginning of the beginning and will not disappoint.
We have seen Judgements that were unconstitutional. That's perhaps why MK wants to change The Constitution.
The ANC had too much power, and could articulate policies, like Thabo Mbekhi said ' even goes against their own freedom charter.
The land distribution clause they want to change in the Constitution goes against their own freedom charter, according to Mbheki.
We would love to hear more of his brother too. He is a great economist, with a balanced view. He was not heard throughout our elections.
Zuma hates constitution because he feel that he is allowed to do anything because he was a president.
A referendum on drafting a new constitution 30 years later is needed, the majority were not consultant when drafting this current constitution, we only hear people saying we must protect the constitution, it is the best in the world!
You are so correct; we were never consulted. This constitution protects those who benefitted from the crime that is apartheid and this contributes to this growing inequality which leads to the poverty and crime we see all over our country
while I agree on the consultation point, as a society we've proven to not take action when the nation calls on us to actually do our civic duty due to our pessimism. Look at the elections in May(yes there were challenges with the voting where you're registered stuff, which is a issue on its own) I think 16 million people voted, we're a country of 60 million people with +- 40 million people documented and able to vote. Only 27 mil of 40 million were registered, of that 27 mil only just over half actually voted.
How are we as a country going to draft a new constitution? when we're a inactive society?
@@renjisnapback2213Those numbers are normal. No country has majority of its citizens actually participating in voting.
@@dmvpat At least have half your citizens participating. otherwise the original point in regards to consultation is pointless, what's the point in attempting to "consult" everyone let alone half the country when less than half will participate. It basically brings credence to how the IEC communicated that vote where you registered debacle.
You personally may not have been consulted, sorry about that, but the draft constitution was developed and ultimately adopted by an elected constitutional assembly after public consultation.
We should focus on doing as mush as possible with our current constitution, which is not happening. The problem would always be to get everyone to agree to any changes. It won’t be easy.
All African countries need to change their constitutions , forming relationships with the continent first !
When black people come over here in the uk or Europe we understand we are at the bottom of the pile ,
Then wen we also go into our homelands , in africa , you expect us to be the same slaves 😳🥴
Great channel - Keep teaching bro ❤
Eish...im white and i feel the same...slaving my life away for others....i guess thats what one has to do in order to survive. We are all slaves whilst a govt live like kings and queens and we are deprived drom having a normal life.
Agree
Keep victimizing yourself and you'll remain in the bottom of the pile forever
changing the constitution won't change that. economic growth will. living in asia & seeing poverty reduction through fast-growing economies i can confirm that pro-growth governments are the best way to restore dignity for people
@@lm_b5080 exactly....we are all prisoners under our present govt. Human rights only for a certain race.
Ayeye. Incredible episode. Keep spreading the fire.
Ayeye!
Comrade Sizwe.. we don't need constitution. We need manifesto.
It’s called a transformative constitution so it should be transformed
@@romalouis1 transfer from democratic to communism?
Transform-meaning change..NOT transfer -meaning to give and hand over to someone else
Thanks for this update Dr Sizwe. I enjoy watching this show, it is very informative and most of it is non- partial. The constitution should be amended, some of the clauses are vague.We should be able to choose our own President and parliamentarians directly. The Pres of SA has too much power, that is not democratic .
The constitution needs to be amended...there are both good and bad in it
Awesome breakdown of the overall contents in the RSA Constitution..
Thank you so much for this video. You touch on some elements we hear daily but we never really think about. Everytime the amendment of the constitution is mentioned, we only think about section 25, on expropriation of land with or without compensation. But there are other elements that affect us in terms of service delivery that need to be addressed too, and it will take amending the constitution for these aspects to be truly addressed. I really appreciate this.
I remember Adv. Sikhakhane saying the youth should do something about this 'war' we are in South Africa and he made an example with the 1976 youth. I personally feel SMWX is doing the most in liberating us and this is their contribution to this war we are in. The information we receive her really changes or rather broadens our perspective to politics . thank you SMWX team you are doing an exceptional job, keep it up.🤗
Sizwe thank you for bringing this constitution issue up. This is the 1st of its kind as far as democracy is concerned. So it be naïve to say it is perfect cos people who were involved in constructing were 2 different groups one was well vexed on running the country and the other never ever experienced that, so the experienced one was safeguarding their interest and the would agree on whatever no seeing the loopholes. They took the cream on top and the inexperienced ones were given the low fat milk. Looking at the difference of the living standards between black and white, you can tell something is right, so we need to visit and restructure the constitution so that everyone will be happy. This book has made others feel supreme and others oppressed.36:55
Wooooow,,,, sooo greatful for this excellent overview of the constitution and introduction to the debate regarding the question on whether or not do we need to review and possible amend the constitution.
Very informative and balanced. Thank you Sizwe. With channels like yours, there is hope.
Thank you for this Episode Sizwe, it was insightful to watch.
If the constitution calls and is in need for a revamp, review, then so be the amendments ,only to add value / substance ,higher than the current chapters in the RSA constitution . Great platform, education on politics 👏 no 1 ❤
Very informative session Dr. Big ups man. 👏🏽👏🏽👏🏽👏🏽👏🏽. Can't wait for more content regarding the constitution.
Excellent summary!
Glad you liked it!
Your content is top tier Siz. I'm learning each time i tune in, thank you for your commitment to inform the masses.
May i suggest we work on your space kodwa?🙈 Decor nyana?😂 Let's beautify it hle😂❤
Well said Sizwe, I'm so impressed of how you always afford us this provocative discussion on matters of utmost importance for a progressive democratic country....Thank you ayeye...continue doing great things...
The answer is YES.
Yoh Sizwe this was s informative 🎉🎉🎉😮
Many MMP democracies operate quite well without a constitution, e.g. New Zealand only has a BOR and Parliament, instead of a constitution, are the supreme law in the country. It's not without its faults but, in my view, is less exposed to non-elected judicial activism. When Parliament is the supreme law of the land, elected officials are held to account by the people. Whatever system you prefer, none are without their faults, unfortunately, and maybe, in SA's low educated society with great racial divisions, a constitution is preferable.
The constitution is too nice and the drafting was dominated by the late jurist and Marxist, Arthur Chaskalson. In 1990, the military dictator in the Ciskei, Oupa Gqozo surprisingly introduced a two page Bill of Rights with first generation rights. He lost most cases in terms of the Bill of Rights. However it was far more effective that our complex first-fourth generation rights.
Those who wanted some changes and are representatives of political parties , must hold law degree , in order to understand how to change constitution to avoid ambiguities or loopholes, legal ramifications.
It's a glorious constitution for the ANC and DA that's why they are defending it so much. It must be changed!!!!
That’s the right question to ask sir ! Love it
Redesigning the constitution will be a great deal.the current one is old and not working anymore 😊
It is surely no surprise that countries can be remade after a major trauma like war. Everybody is at their most sober and practical about how the country should be run. It was no surprise that this happened after the trauma of apartheid. IMO the current argument regarding the "scrapping" of the constitution tells me more about the person calling for this to happen. It is often because they are trying to evade accountability.
Dokotela. To the question; Is our constitution a gift that keeps on giving? Well I had my hand raised with conviction, and my answer was a resounding No. However as I lended my hearing to the thorough analysis you gave I realized I have be particular with my answer. This is in the light that the constitution itself is actually constituted by 14 chapters, each chapter built by sections.
As a lay man poor man in the village of KwaNongoma I would say that the constitution only gave me one gift; human rights. The very fact that I know very less about my rights prompts me to say the constitution is taking more it is ever giving to me.
Thank you ! You have given us food for thought !!!
Another one.. Have been talking a lot to folks here and globally around the constitution.. Be it here, France, USA or places like Nepal where it's taken years to try sort out so much conflict. The comment arrives as I start watching. Thx again for your channel that does confront the stereotyping.
great input right there. I would like to make few points in this debate.
1) the Chillin caution, the constitution we are currently having is not a result of grater consultation and majority approval.
2) on the MK stunt, you a right that will not be ideal country as we know how easily it is to corrupts politicians.
3) in the past 30 years, the constitutional low "law dictatorships" we have have witness that Low adjudicators are humans as well and can fell on the trap of bias which leads to injustice of others. there must be a way for our court to account for any inconsistence in law interpretation.
4) my take here is that there is lack of consultation when constitution is amended. i think for any amendment to take place, there must be compulsory petition which will force parliament to inform and engage with people on the proposed amendment.
Hlubi. One first registers appreciation for stretching yourself this much on our behalf. The one feature that stands out for me is the scholar element of this platform, because not everyone of us gets to vex themselves onto fields of speciality. One thing we strive to avoid is the audability with no content (which I often bump into on this platforms). This is more than a well of knowledge for me. I get to navigate to even more answers to questions that arise amid consumption of material from MSWX.
🙏🏽
Thanks Sizwe for tackling this sensitive issue. A constitution must serve the needs of the nation and as such should be adaptive. It should be a living document capable of being “ constitutionally” amendable 👏🏽👏🏽👏🏽
I can’t find the link
In Pierre de Vos' interview, he mentioned that some individuals seek to amend the constitution due to unresolved underlying issues, although the interview did not clarify what he implied. In South Africa, there are mechanisms for land distribution, but the government has failed in their implementation. The country boasts a large, dynamic informal sector; however, the question remains: how do our labor laws and other regulations hinder people from starting small businesses, thereby becoming active participants in the economy and achieving financial freedom, independence so that they can be authors of their own futures?
I love this...All informative.
Thanks for addressing Racial Justice - needs its own episode.
Thanks for dispelling "Non-racialism". While race is not a scientific concept, it's real as a political concept - needs its own episode.
Thanks for raising Economic Justice. It's linked to Racial Justice - also needs its own episode.
And for the 1st time, AYEYE, I plan to read the constitution thoroughly.
Good Day
With your responses and in- depth analysis of the SA Constitution is it not possible that you can arrange an appointment with the Top structures of the Cabinet /President to inform them about the current situation in SA???
We've just seen a shortcoming of the constitution: it provides a ridiculously brief time for the formation of coalitions. Countries with more experience with Proportional Representation know that it tends to create centrist coalitions. So if it takes six months after the election to form a viable government, so be it. The rush we have seen to form a GNU is a legacy from the apartheid era, when South Africa used a First Past the Post electoral system. FPTP is more likely to provide a clear winner who can take power immediately. But we don't live in a FPTP country any more.
I think the drafters were wise in foreseeing the risks to stability associated with a long process of appointing a gvt. More time = more chaos.
I really enjoy the patriotism that the channel is instilling
Very briliant analysis king .I always say my best president ever is Thabo Mbeki but I still wish to ask him , why when he had power (2/3 majority) he didn’t use it to amend the constitution for the benefit of the poor people of this country and the country as large ?..we can talk about apartheid injustices ,expropriation of land w/o compensation ,criminal procedure act ,even the powers given to our presidents are way out of this world and make it impossible to hold any seating president accountable
Good day the problem is not the constitution but the implementation of it. If the constitution says everyone has the right to land then why are people landless. So where does the problem lie with the people that need to implement the constitution which lies with the Government this doesn't take rocket science to figure that out but you have a Government that is to fractured and cannot even implement its own policies. So why attack the Constitution it is only the oversee of our values and rights but its up to Government to ensure these rights are shared to all the people of this country. But we know what the problems but our Government refuses to fix it for what ever reason and the people will suffer because of it. We have Bigger problems our way financial collapse climare change but what we doing still debating the constitution.
Yes, you may want to read my comment on a delimited South Africa, it all seems appropriate.
I should really read it tonight 😂
Thanks Much!
Thanks Sizwe. Informative as usual. Personally I have no objections to relooking at the constitution, considering possible options of redress and/or land restitution but in the spirit of this channel I would present an additional angle for consideration.
(apologies up front for the long comment)
(TLDR version: No version of the constitution (current or future) will survive bad actors and we should focus there and fix that first.")
With regards to the thoughts on the constitution and with some comments by you and some of your previous guests on other videos regarding inequality, racial disparities, liberation and revolution, I would submit the point of view that, from a practical standpoint and considering our current environment, we are putting too much emphasis on these things. Our focus on these elements are all consuming and taking our eye off the actual causes and solutions for the dire situation our brothers and sisters find themselves in.
History is littered with examples of liberators and revolutionaries that were very successful at the liberating part but not so much at the part that comes after. It is possible that the generation of people like Adv Sikhkahane for example has difficulty moving from a revolutionary mindset to a building mindset and thereby ignore the things that are truly important. This is understandable considering what they lived through and the scars that it left. Sooner or later however one has to put down the machete/AK and pick up the shovel. Liberation and freedom is not the guarantee of prosperity. It is the right to pursue prosperity.
In response to this people would say that the inequality is still with us and they would be right but is the injustices of the past still the main driver of our current situation and are these proffered solutions the ones we should be focusing on for the masses? Land redistribution of people with proven claims are already part of the law and even if expanded how many of the millions in poverty would that actually benefit? Why are we not seeing the benefits of AA and BEE?
I would borrow from socialist from the past and submit that perhaps capitalism (in this country) has not been tried properly. What if for 30 years the country was run without any corruption or mismanagement and if the systems were actually affective. If all those billions of rands and manhours had the chance to bare fruit and create the desired knock-on affects. Would we still be having this conversation? Would there be a huge black middle class by now? I feel that the opportunity costs lost to this country and its people with the myriad of failures are incalculable - and the very reason that inequality persists to the level that it does.
For some reason this real problem gets glossed over. Its relegated to a footnote. The actual and most actionable cause of our situation gets muted by the far more comfortable entertaining message of race and injustice. The boring job of taking people to account, checking the books and building gets once again sidelined. We are distracted once again.
One can not ignore or forget the injustices of the past but we also have to carefully consider what would be the most effective area to focus our attention on to benefit the most of our brothers and sisters.
In my opinion our main focus should not be racial politics or welfare but in stead we should focus on our current systems and make sure we get to the bottom of and root out all the ills so that we create the environment for our people to uplift themselves. In my opinion this is the only road to prosperity and more importantly dignity.
Been meaning to spark this very same debate but wanted to actually delve deeper into the merits and demerits of democracy first.
Nothing in life stays the same, because times change. Therefore it cannot be correct that the constitution should stay the same, it is inevitable. But you look at those aspects that are not working and can be improved and keep those that work. Look at how parliament has been failing, even the municipalities? And you are correct on racial justice and economic injustice. Great work Dr Sizwe❤ 👏👏👏
as long as it benefits everyone & not only ANC or EEF
@@anthony64632 what does EFF have to do with this?
@@Qhawe_Jameson. Its obvious they will want it to be to their liking. Same with MK. So they can steal without consequences
Good evening, I hope you are well. May you please bring guests who can speak on the fiscal policy( mainly the status of public finances on the different levels of government) and the monetary policy( why does the SARB use inflation targeting of 3%-6%) basically a critic on the current form of these policies
Dr. S, please explain the association with the Roman Dutch law, and why this was necessary for the founders? Could it be to do with our convergence with the rest of the international law?
Also, why is SA still a member of the British Common Wealth of Nations, and what does that mean for us? Are we subjects of the British Monarch - basically still constitutionally an outpost of the British imperialists?
To be a British subject you would need to be a British passport holder.
What would your proposal be for rethinking spheres of government?
But also the Constitution is about the a.) the formulation of public power (fundamentally what it establishes for me and you to even care about it) b.) its limits and scope (three spheres of govt three arms of govt, etc What can be done, who does what etc..) c.) its extent of use in South African public life (here we talking about vertical applications, how far the constitution could get, dabbling in contractual conduct, schools policy, and simply private conduct in private rooms, it applies!... THIS IS IN ADDITION TO WHAT YOU SAID, I am on 6:45 ... gosh am I the only one who loves the channel!!!!!!! Love you all!!!!
* I meant horizontal applications
1. Law abiding citizens should have the right to defend themselves, loved ones and property.
2. Convicted criminals should not have the right to vote.
3. Capital punishment for violent offenders.
Number 2 and 3 are wild. Because people forget false convictions exist. So unless you're ready to sacrifice yourself on the altar of capital punishment then it shouldn't be happening
It`s interesting that you touched on non racism and reperations, what exactly is BBBEE and EE, and what is racism and can this only apply to one ethic group.
BEE is annoying. It must be scrapped
As a former avid stamp collector, it strikes me that the current GNU is well-named - reminding me of the (side-by-side) bilingual 1/- stamp from 1939, ironically, the year in which a former governemnt changed its leader (from Hertzog to Smuts). Two gnus on these stamps, the front one of them light and behind it other one dark with a white tail. Should I add that the Afrikaans names of the two species arre 'blouwildebees' and 'swartwildebees'?
If it’s not working then it needs to be reviewed and upgraded. Not complicated. Sort out the land question.
South Africans need to understand that there is plenty of land for everyone, the issue for us is that we do not have sufficient water for this land. We need dams, we also,need sustainable water management systems. In addition we need to fix the man made environmental issues and return the land back to its original state. Plant the correct fauna and flora in the correct place. We need natural berries and fruit trees in our natural environment for the animal and avian populations. We have destroyed their natural habitat. SA needs to get back to its very basics and grow from there. Our education needs to be world class, we need to stop introducing nonsense that means nothing in the end. Strong leadership in STEM subjects that also encompasses all the arts and extracurricular sports . We need children who are fully rounded. We generally do well. But we need to expand these schools to all our rural areas. The Montessori program for rural children would be awesome age 2 -GRD R. We could keep this in a rural setting in a fenced off area with African round houses with thatched roofs, solar energy and an African kitchen, all decorative with African art. Children can play and learn while mothers tend to their work day. As SA. We need to think out of the box when it comes to education ALL of our children. A school prepared child is a successful child.
@@MrMankoe stop being ridiculous, they have failed to distribute land because of the water issue that’s my take. No reason why the can’t resolve the land issue and explain why it is going to be complicated. We just need to be honest about it. We have polluted all our rivers not even our beaches are clean because they are pumping raw sewage into the sea. We need to tell the people all the issues surrounding land, water, vegetation. Our people are smart if you give them the information they will find a plan around the issue.
@@MrMankoe I am not saying water should be a hindrance, demand your land there is tons of land available to all. Be aware that water is an issue. Don’t be naive. ANC should have fast forwarded land reform they have been far too slow. No one cares, you need to go straight to the department of land reform.
@@MrMankoe I started with nothing and I have worked very hard by whole life only retired at 73.
@@MrMankoe I am not in charge of anything, so rock on.
Hi Dr S, cab you also review the original constitution of Haiti? It could be a starting point to address some of the weaknesses you highlight from SAs one.
I've always believed that the constitution was supposed to be part of the education curriculum, however this would obviously cause a rebellion. Knowing is dangerous sometimes
I'd appreciate seeing a chat with Judge Albie Sachs (book recommendation : Oliver Tambo'e Dream by Albie). I think he'd make an excellent guest on the topic.
Sorry never understood politics but you open my eyes ...
Interesting. My take, is two fold. No and Yes if the entire constitution, policies and related laws are restructured. Firstly, a democracy assumes that power is invested in the people. But it is not. The power of decision making should lie with the delimited areas or regions, and only the administrative, and legal tiers should reside in government. ALL other, such as the power to govern should devolve to delimited (identified) geo-social-cultural and structural areas, such as groups of people by location ( Cities towns, villages, farms... e.c.t.) delimited by familiar people interests. For example, there could be a Kingdom of Qwa-Zulu, but not a Natal. So that natal may also have, with a Qwa-Zulu Kingdom, an Area for Durban. There can even be an area called Griqualand, an eGoli, an Free Farming delimited area from The Free State, with urban free state and a Metropolitan free state. Each of these areas accordingly delimited would have their own governance, policies e.c.t which they have accepted from the Administrative Government of the Delimited South Africa. One can take ideas from the Swiss Canton constitution and structure. But it is critical that no overriding policy from the Administration can be implemented in any of the delimited areas. For example, democracy fails when laws and policies are enforced upon all the people - which means, when we have voted, we empower the majority to subjugate the minorities. It is outmoded, in my thinking that we should continue with such a disempowerment by voting. When one votes, one participates in the continuum and resolves the aspirations to the local level of involvement, not just by standing back and watching powerful enforcement of policies. So, if a delimitation has grouped together and accept - say - abortion, then in that area it is acceptable, in another it may not be. The idea may also resolve our language contentions - one could be language based, while others may be multi-lingual bases or bilingual or trilingual... based. It may even be deployed down to related towns - cities with some urban and rural delimitation. The idea came to me when reviewing what happened to Africa by the European Monarchies, grabbing up land and people and becoming Empires with colonies. An undrawing of these lines should happen, e.g. the Rawanda-Ugada genocide is a case in point. No. applies to the implication, because it cannot happen without, predefines delimitations, accepted by people living in the areas to be delimited - it ca not be forced or institutionalised by a power down, rather than a power up - for the collective honeycomb of delimited power sharing. To do so an election per delimitation would need to happen for full orchestration. All the issues, such as land and reparation, can also be resolved through people delimitating the power of their area.
Lovely discussion, and we need much more than a discussion. We need a movement with the express aim to bring about amendments. Specifically ensuring implementation. No please your Chile input is not helpful because you did not put any context to it. Politics is our greatest battle to over come, when dealing with the constitution.
Podcast uploads? None since 1st July
In a discussion on the constitution it seems relevant to acknowledge the global assault on constitutionalism and the precarious foothold of democracy in Africa.
Thanks Doc.
I had A.I. make a song for you about this:
# The Constitution Cipher
Verse 1:
From the streets to Parliament, the debate is on fire
Is our Constitution a gift or a system that's tired?
14 chapters, 7 schedules, let's break it down
Values and design, two functions profound
Hook:
Constitution, constitution, what's your resolution?
Is it evolution or a new revolution?
Triumph, skeptic, or abolition?
We need a new position, a fresh vision
Verse 2:
Preamble sets the stage, Chapter 1 lays the foundation
Bill of Rights in 2, but that's just the inauguration
3 to 14, that's where the real design begins
Provinces, Parliament, courts, and Chapter 9 institutions
Hook:
Constitution, constitution, what's your resolution?
Is it evolution or a new revolution?
Triumph, skeptic, or abolition?
We need a new position, a fresh vision
Verse 3:
Three tiers of government, but who's doing what?
Service delivery's in crisis, responsibilities get cut
Parliament structure, electoral system in question
Direct elections for the upper house need consideration
Bridge:
It's not just about values, it's about how we function
Design matters, don't let anyone punk ya
Debate's been too binary, it's time for nuance
Mixed feelings, that's the stance we should announce
Hook:
Constitution, constitution, what's your resolution?
Is it evolution or a new revolution?
Triumph, skeptic, or abolition?
We need a new position, a fresh vision
Outro:
So next time you talk about the Constitution
Remember it's more than just an institution
It's a living document, open for interpretation
Let's find the balance for our nation's salvation
Closing:
this is constitutional education
Straight from Dr. Sizwe, the nation's sensation
For more insights that'll blow your mind
Check out SMWX, leave the confusion behind
Ayeye!
suno.com/song/026cb868-53ad-4589-962d-cc53f9a9e249
The constitution is a living document which can be amended provided it doesn't violate it's core principles. My understanding is that it is meant to be a relatively "high-level" document with detail emerging and being added from public consultations and referenda (such as the "public dialogue" that the president is calling for). Let's have the discussion while keeping in mind the unintended consequences of legislation, however well-meaning (e.g. B.B.B.E.E.) and the inherent limitations of ideologies. I.e. Let's take an empirical, pragmatic approach towards achieving the outcomes that most South African's actually want, in the most efficient, effective, (and least corrupt) way possible. I would argue that we should focus first on immediate concerns, such as eliminating poverty by growing our economy, and reducing the size of government and related red-tape that prevent free enterprises from creating private sector jobs. Could this be achieved by changing the constitution? Probably not. Will the bloated government reduce it's own size and restrictive regulations? Definitely not.. Big government naturally think they know best and propose "top-down" approaches which are often "nice ideas that don't work". I'm of the opinion that adding laws to the constitution, like adding ministries to government, is akin to adding deck-chairs on the Titanic.
Best podcast
I like This Topic
SMWX it would be great to hear from individuals and groups who challenge gvt to live up to the bill of rights.
So I come from low income grand parents, who some were orphans, uneducated and white, none of my family own mines, farms, businesses, so who am I supposed to get reparations from? does the decadence of one white wipe the poverty of another?
Making the whole thing about race, distracts from the colorless greed that keeps us divided and corrupted, if black people end up the farmer and mine owners, what color then will the poor envy.
The problem is with the goal, that we set, in the "Game" we call life, we each must try to grow our wealth, yet we have people who have no hope while the wealthy seek more wealth, if the Nation were a body the organs would be adversaries and all the cells dreaming of going viral and eating it's neighbors wealth.
People need to change the goal-post to somewhere else, I know this isn't something that many have considered but it will be the next step once we are done mucking around this dead bush.
Yessssssa and another topic is Orania
Coming soon!
You just cannot get over the fact that an exclusive community like Orania is being run better than South Africa lol
@@riaanvanwyk5374continuiation of white privillage
@@nazikay1340 nah the white man showing you how it is supposed to be done
We must write a new constitution, the old one was written in a hurry with pressure from the international community. now its time for all South Africans to contribute to writing of our new constitution
The old one was written so that history does not repeat itself.
Can Sizwe do his Advertisements ad the beginning of every klip and the end Cause this thing of interrupting in the Middle of the Klip is not nice especially when one is really enjoying the Content.
What's your view Sizwe on Dr Hlophe being part of the JSC and arguments on how the impeached Judge is not ethically fit to be part of the JSC.
Gonna do a video on it soon.
This Constitution has to be changed
Ours is one of the best constitutions in the world! Build on it (amendments)... Don't scrap it!!
Please explain what is best about our Constitution?
@@kingdomqueensministries6603 It provides a firm basis for laws and policies that are equitable, just, sustainable, aspirational and inspiring. As a result most of our laws are written in a "carrot" tone (encouraging, guiding, supporting), not a "stick" tone (i.e. Non-punitive). I've found that reading the laws within my field helps me innovate, do things that are needed by my country and that is often supported by government and private sector funding (because it speaks to the needs and is "aligned - to the constitution and it's subsequent/supporting laws - by design". Another commentator on this chat mentioned that citizens should engage more, take more responsibility. I agree. The constitution is ours - for us. We should engage with and refer to it more (plus the underpinning laws of course - because these give effect to the constitution.
Please dnt come with funny words like revamp, we thought the constitution can be revamped by 2 3rd majority, please help us out here, or you want to revamp it because of Dr Hlope
I listened hard but picked up no specific or substantive case for change that cannot be accommodated within the established process which has been used to make 17 amendments to the constitution to date.
I’m not advocating for change outside that process?
Obviously it’s critical to understand who wrote the constitution….
i was lectured by a number those academics you mentioned at UP.
However from my now experience in practice of the law, i have a view that the principles of transformative constitutionalism (that the academics base their views on) is impractical.
The founding principles of our constitution, to my view, do not align with the South Africa of today and what people want to see happen in law and in practice.
With the GNU and the split of view of South Africans, considering SA emerging stages of adulthood of our democracy, i think we need to have referendum on the views of South Africans and what we consider important to us now and our future and establish a body that will look at transforming our constitution and legal system on a forward looking constitution that matches what the people want and need going forward.
I think you underestimate the division and damage unleashed by referendums