DURBAN – The Citizens’ Parliament made their planned submission on the Electoral Amendment Bill on Tuesday.
The Citizens’ Parliament of South Africa believes that they are the voice of the dream of the New Nation envisioned by the people of South Africa during the years of the liberation struggle. “The prosperous New Nation must be built, in humble submission to Almighty God, our Creator, Father, King, Lawgiver, Judge and Saviour of our liberation struggle and freedom, recognised in the Constitution of South Africa”, says Mkangeli Matomela, National Convenor of Citizens’ Parliament, at their second sitting in Phoenix, Durban, on Wednesday, 2 November 2022. All green lights were given at this assembly, represented by four provinces in South Africa, and “The People must govern” statement was submitted to the NCOP on Tuesday, 8 November 2022.
Mr Matomela, co-founder of SADTU, former ANC Chief Whip and speaker of Eastern Cape Legislature, explained that the National Assembly and National Council of Provinces are compelled to represent the individual and collective interests of the people, provincially and nationally and to ensure the government of the people under the Constitution in terms of Section 42. “Therefore”, he says, “all Parliamentarians, Members of the Executive and the Judiciary take the oath of loyalty and faithfulness to the people, Nation, Constitution and Republic, not to political parties and their party constitutions or any global institutions.
The NCOP is constitutionally obligated to consider the Electoral Amendment Bill, B1B-2022, fully cognisant of the values of Section 1 of the Constitution.” Matomela says that the NCOP is directed to reject any unconstitutional and politically partisan positions mandated by the ANC and other political parties represented in Provincial Legislatures, in its adoption of this electoral Amendment Bill because it must always represent the best legitimate interests of the people in Provinces. “Further”, he noted that “the NCOP must be fully aware that Section 2 of the Constitution categorically declares that the Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.”
He explains how the NCOP must realise that section 18 associations, Section 19 proportional representation organisations and adult citizens within their families, faith and indigenous communities, must be equally respected and treated as first class citizens, as stated in Section 3 of the Constitution. “Section 19 fully guarantees that all adult citizens have constitutional responsibility to freely make political choices on any matters pertaining to migration from the old colonial, apartheid and the current dictatorship of political parties”, says Matomela. “The People’s dream of the New Nation of South Africa, is captured in Section 19 and SS 7-39 clauses of the Bill of Rights”, says Matomela.
Mr Matomela advises that the consideration of the Electoral Amendment Bill, B1B-2022, must be directed by the oath of office of NCOP members to serve the individual and collective best legitimate interests of South Africans. “Once again, the Chairperson and all members of the Council of Provinces (NCOP) are respectfully given a stern warning not to blindly carry out instructions from the political party headquarters and Caucuses of various political parties but their Section 48 oath of office”, he said. “The Citizens Parliament‘s main objective for approaching the Constitutional Court was and still is reclaiming and restoring the deferred dream of the people of South Africa for a totally liberated prosperous New Nation of self-governing people of South Africa in a perpetual rainbow covenant with God.” After other presentations by fellow members, members of the Citizens’ Parliament cried out together with one loud voice as one person: “All power to the people! The people shall govern!”
In an exclusive interview with Mr Matomela, it was discussed how, unfortunately, when the ANC became a political party in 1994, it began to marginalise its own original founders and imposed the unconstitutional dictatorship of political parties through the Electoral Act 73 of 1998, as illustrated below.
It was reported that the Preamble of the 1993 Interim Constitution of South Africa used to vote for the ANC and all political parties participating in the 1994 general election for the Government of National Unity (GNU), says, “In humble submission to Almighty God, we the people of South Africa” and was deliberately removed from the 1996 constitution without any explanation or consultation with the Church and the people of South Africa. This was the beginning of the undemocratic and unconstitutional conduct of the ANC-led Parliament and Executive arms of Government. He said that this was followed by the undemocratic removal or rejection of the invitation to the Holy Spirit to inspire and bless us in the liberation struggle National Anthem, Nkosi Sikelel’iAfrika. Effectively, South Africa was reduced into a disobedient “goat nation” without the protection of the Holy Spirit before the throne of God, who is recognised in the Constitution.
Matomela said that the disgraceful passing of the unconstitutional Electoral Amendment Bill, B1-2022, under the leadership of the ANC and PAC, the two main Liberation Movement organisations turned into political parties in 1994, is a clear demonstration of the lost vision of the People’s Prosperous New Nation of sovereign citizens of South Africa and the unfortunate downfall of all the liberation movements after independence in Africa. “The spirit behind party politics never fails to always manifest corrupt and brutal leaders, full of arrogance, pride, manipulation, control, and lording over all the people as if possessed by the demonic spirit of Jezebel, which led to the downfall of glorious liberation movements. It seems like all the liberation movements are corrupted by foreign powers and forces of darkness to change their liberation vision and character of sacrifice for the oppressed people and nations, once they become political parties as they become absolutely corrupted by power”, he says.
It was agreed by all delegates that there was no clear indication and signs that South Africa had already shifted from the foundations of righteousness and justice in the first three years of the post 1994 dictatorship of political parties. “Unfortunately, the Church, which was supposed to be the Royal Priesthood of the Rainbow Covenant Nation, was already in a deep spiritual and political slumber, for her to give early warnings.
The deafening silence of the Church and collusion with the ruling party to implement the Ten Point Plan of Alice Bailey was shocking to those who had the revelation of this spiritual, political and mindset shift from the Holy Spirit”.
It was discussed that the Church and Indigenous leaders were knowingly or unknowingly abused, manipulated and used as instruments of endorsing their own political marginalisation or demise into advisers and observers of the unconstitutional dictatorship of political parties. They are still treated as second-class citizens by political parties. This party-politics delusion resulted in the insulting treatment of all non-partisan citizens, faith, indigenous, civic communities and civil society at large as second class citizens in South Africa.
The 99% of non-partisan citizens are treated like second-class citizens and effectively subjected to the 1% first-class citizens who are members of political parties. “We strongly believe that the shaking of the old foundations of colonialism, apartheid, post 1994 dictatorship of political parties and monopoly capital dispensation has already begun”, said Matomela.
He further instructs delegates that the same strategy to refuse recognition of individual adult citizens stand for public office as candidates and Section 18 non-partisan associations since 1999, is being applied even today by the constitution delinquent ANC. “In fact, the unconstitutional removal of a sitting President in 2008, the rejection of many reports recommending a mixed electoral system to fulfill schedule 6 of the Constitution and recent defiant passing of an unconstitutional Electoral Amendment Bill, B1-2022, is a clear case of sedition or treason. This consistent defiance and violation of schedule 6 of the Constitution must have drastic consequences”, he said.
It is now recorded in our history that the ANC led Parliament and Executive continued to reject the Citizens Parliament, New Nation Movement and other civil society organisations’ arguments in the courts of law, deliberately dragging the New Nation cause case closer and up to the 2019 general election. “The Constitutional Court was convinced that our New Nation cause and New Nation Movement, Khoisan people and others, was a strong case against Parliament and Executive, which needed to be adequately and thoroughly considered”, he said. Thus, the ConCourt ruled that the 2019 election should continue as planned and that their case be heard in August 2019 after the election. They were not prepared to participate in the 2019 election unless a new Electoral Reform Act, consistent with the Constitution was passed.
It was revealed that the ANC has been successful in delaying and deferring the vision, mission, and dream of the true liberated New Nation of South Africa since 1999 to date. “Even now, they don’t want the citizens to be early and ready to directly identify, nominate, elect, deploy with the power to recall Constituency-Proportional Representation Candidates for 2024 elections in terms of ConCourt judgment and the Constitution.” Matomela says that Political parties supporting this Bill in its current form are deliberately undermining the Constitution and Constitutional Court judgement of 11 June 2020 to the extent that they have deliberately passed an unconstitutional Electoral Amendment Bill to derail the vision of the New Nation of sovereign citizens as recognised by the Constitution.
He also reveals that the ANC strategy is to delay mass education and mobilisation campaign of non-partisan citizens. “Yes, they have deferred the vision of The People Must Govern, Now! Unfortunately for them, the unavoidable day is coming when well-educated citizens shall vote for the New Nation Cause, registered in terms of Section 19(1)(C) of the Constitution as the New Nation House of Independents (THI) and other non-partisan community formations which are encouraged to contest the 2024 general elections”, he says.
Matomela adds that the Citizens Parliament and New Nation Movement’s main argument is that one of the most vital objects of the Electoral Amendment Bill must be to facilitate that everyone who is an adult citizen is free to make political choices, including campaigning for a cause, shaping a clear and unambiguous recognition of individual adult citizens and non-partisan associations, community assemblies, councils and parliaments in terms of Sections 18 and 19 of the Constitution.
Mr Matomela says that the National Assembly decided to believe their own party politics delusion, that individual citizens contesting elections cannot directly represent their own individual Constituency Districts and collaborate with other non-partisan Constituency-Proportional representation Candidates and Public Representatives, to represent their common collective interests in Provincial Legislatures and Parliament before election in terms of Section 18 of the Constitution. He explained that the Citizens’ Parliament submits that, Independent Candidates can be mandated by their own individual Constituency Districts to collaborate with other Independents representing their own respective Constituency Districts, so that together they advance their campaign for a common cause in terms of Section 19(1)(c). Both Constituency and Proportional Representatives must be directly accountable to their individual Constituency Districts and the New Nation of sovereign citizens, simultaneously. He advises that the citizens and people in their Constituency Districts should directly nominate, elect, deploy, and recall their own incorruptible ethical Constituency-Proportional Public Representatives in terms of the totality of the Constitution. “They know that over the period of 28 years, they have thoroughly brainwashed the citizens to believe the fiction of party politics, that it is constitutional and legally imperative that citizens may only make political choices through political parties and vote for political party-imposed Candidates”, says Matomela. “That is why Parliament, Executive and IEC have not even bothered to educate citizens about the 11 June 2020 judgement of the Constitutional Court and conduct meaningful education and consultation or public hearings. They know that resources are reserved for only political parties to educate and campaign for their own selfish and partisan interests of political parties, which have been placed above those of citizens, people and Constitution of South Africa.”
He says that they have been feeding the people with this unconstitutional fiction that the non-partisan communities may effectively govern themselves only through the membership of political parties.
The New Nation Movement and others’ Constitutional Court judgement confirmed Sections 18, 19 and other clauses read together with the whole Constitution, categorically declare that everyone is free to form a non-partisan associate and make political choices to govern and develop South Africa. “However, the ANC and its deployees in Parliament and Executive, including some political parties, have been violating the Constitution of South Africa since the end of the first term in 1999, in this regard”, says Matomela.
The Electoral Amendment Bill: B1B-2022
This is the Citizens Parliament’s second attempt to demonstrate that Parliament and Executive have been deliberately undermining the Constitution of South Africa, since 1999. The Citizens Parliament, a Forum providing a platform for sovereign citizens, submitted to the Home Affairs Committee that it should adopt the main object of the Electoral Amendment Bill to facilitate that everyone who is an adult citizen is free to make political choices in terms of Section 19 of the Constitution, read together with Section as directed by the ConCourt judgment.
“We asked members of the Home Affairs Committee to read the whole ConCourt judgment during oral hearings. The New Nation House of Independents and citizens direct representation Government shall be realised if the main object of this Bill is to facilitate implementation of the liberation struggle vision which became a slogan that, ‘All power to the people and the people shall govern’”, said Matomela. He further said that the continuous violation of the constitution and deliberate undermining of the Constitutional Court is an insult to the people of South Africa and a direct attack against our people’s democracy of citizens direct representation governance. “We pray that the NCOP experience the Biblical Saul’s Damascus radical change by deviating from the contumacious attitude displayed by the ANC for the last 28 years.”
Matomela says that they have, unfortunately, demonstrated beyond reasonable doubt that they have abandoned the liberation vision as they have disgracefully violated the Constitution and ignored the following to defer the dream of the people of South Africa:
- The Constitutional transitional arrangement in schedule 6 of the Constitution, which directed that a new Electoral Reform Bill be in place by the end of the first term in 1999.
- Frederick Van Zyl Slabbert report of 2003, which recommended a mixed Constituency and Proportional Representation model.
- The 2015, Honourable Motlanthe Eminent Persons report, which made the same recommendation as Van Zyl Slabbert recommendation for a mixed Constituency and Proportional Representation Electoral System.
- Former Minister Vali Moosa Electoral Reform Task Team majority, which made the same recommendation for a mixed Constituency and Proportional Representation Electoral Model in 2021.
- The ANC led Parliament and Executive are Constitution delinquents with a contumacious attitude and displaying a treasonous conduct inconsistent with the Constitution of South Africa. This ANC leadership must be charged for treason for continuous defiance in violating the Constitution.
“The National Assembly deliberately failed to adequately and meaningfully educate, consult and or seriously consider the submissions of the citizens of South Africa”, says Matomela. He believes that the whole exercise was just a wasteful expenditure for public relations exercise undermining the citizens, Constitution and Constitutional Court judgement, whilst knowing very well that they were going to vote according to positions of their political parties, in this regard. “The cost of the sham hearings must be established and a case be opened with the police against the Chairperson, members of the Home Affairs Committee, the Speaker of Parliament and leaders of political parties which supported the Bill, for wasteful expenditure, taking into account of Van Zyl Slabbert, Former President Kgalima Motlanthe’s Eminent Persons Report and Former Minister Vali Moosa’s Task Team costs”, he says.
On Thursday, 20 October 2022, the National Assembly passed an unconstitutional Electoral Amendment Bill, B1-2022 for consideration by the NCOP in defiance of the Constitution and Constitutional Court. The NCOP is expected to endorse this Bill as it is, because it is not representing the sovereign citizens of South Africa in the Provinces but always vote in terms of positions of political parties represented in the Provincial Legislatures. The NCOP should provide evidence that it consulted and accepted submissions of citizens in Provinces and that those submissions mandated it to pass the Bill as passed by the National Assembly or pass a totally different Bill consistent with the Constitution.
“We shall return to the ConCourt if the NCOP passes the B1B-2022 in this current form”, declares Mr Matomela. The Citizens’ Parliament with the New Nation Movement and others, including all civil society organisations opposed to this Bill through submissions and oral presentations, will approach the Constitutional Court to declare the unconstitutional clauses of the Electoral Amendment Bill, B1B-2022 invalid and order the reading in of clauses consistent with the Constitution.
The Citizens Parliament, New Nation Movement and others are already making submissions to the National Council of Provinces (NCOP) to meet the 7 November 2022 deadline. If the following recommendations are ignored by the NCOP, we take the passed Bill to the Constitutional Court:
- The Van Zyl Slabbert recommendation for a mixed Constituency (75%) and Proportional (25%) representation respectively must replace the 50-50 representation in the current Electoral Amendment Bill, B1B-2022.
- A mechanism to avoid individual citizens contesting elections shedding their votes, should be devised, so that the value of each vote counts.
- Adopt the current demarcated Districts and Metros as Constituency Districts as we are waiting for the Demarcation Board and IEC been to do so as recommended by Dr Frederick Van Zyl Slabbert 2003 report. This is intended to facilitate that everyone directly nominate, elect and commission or deploy incorruptible ethical Constituency and Proportional representation Candidates, who are directly accountable to the people with the power to recall them as political parties have been doing since 1994.
- Once again, both Constituency and Proportional Public Representatives should be directly accountable to the citizens, people, Nation, Constitution and Republic FIRST, as per their public office oath and affirmation of faithfulness to the people, nation, Constitution and Republic of South Africa in terms of Section 48 of the Constitution. This oath of office has nothing to do with loyalty to political parties. Further, it is the citizens who are paying Members of Provincial Legislatures and Parliament, not political parties.
- There must be two ballots, one for Constituency Independents and the other for Proportional Representation Candidates to Provincial Legislatures and Parliament respectively. This will ensure that all registered individual Constituency District Candidates contest amongst themselves in terms of Section 19(3)(b) and that the Proportional Representation Candidates in the lists of both Sections 18 non-partisan citizen associations or non-political associations and section 19(1) (a, b, c) political parties and the New Nation of sovereign Citizens Common Cause contest amongst themselves.
- In principle, we are recommending that we do away with deposits as they are the gates of corruption from the private sector. Replace all irrational clauses on deposits and numbers to register to contest elections by Constituency Independents considering that Independents are individuals who have been unconstitutionally excluded from funding of political parties. They should get one thousand signatures like political parties to contest elections.
- The Bill facilitate Configuration of Constituency Districts and recognition of Section 18 non-partisan citizens community associations, forums, organizations, movements, Izimbizo, Assemblies, Councils and Citizens Parliament. They must be recognized with equal rights, powers and responsibilities to be directly involved in consultation, accountability and oversight as active and responsible citizens and communities in the Bill.
- The Bill must make it mandatory for the IEC and other interested Independent Electoral Agents together with citizens associations in their diversity to embark on a massive campaign to educate citizens about the Constitution, Electoral Reform Bill and how to directly nominate, elect, commission, or deploy and exercise their power to recall their own Constituency and Proportional representation Public Representatives directly accountable to the people of South Africa first.
- The explicit recognition of non-partisan citizen associations in terms of Section 18 of the Constitution will motivate the youth and the abstaining 17 million voters to register and vote for their own new order, their New Nation of Sovereign Citizens Cause, Constitution, and the Republic of South Africa as guaranteed by the Constitution in its totality or in any way they may exercise their power to vote.
- The NCOP should adopt a resolution for a referendum in terms of Section 84(2)(g) of the Constitution and the Referendum Act so that the people have a final decision on this Bill provided they are adequately prepared for an informed decision to make meaningful political choices. Otherwise, the 2024 general election is declared a referendum election for the people to choose between the dictatorship of political parties or their own New Nation vision, House of Constituency-Proportional Independents and Citizens direct representation Government, directly accountable to the people, New Nation, Constitution and Republic of South Africa.
In the light of the recalcitrant ANC and other political parties, says Matomela, which may support an unconstitutional Electoral Amendment Bill, B1B-2022 in Parliament and whatever happens in the Constitutional Court in this regard, the sovereign citizens, communities, and people of South Africa should themselves treat the 2024 elections as a Referendum to choose between the pre and post 1994 unconstitutional dictatorship of political parties or the New Nation and Citizens direct representation Government. He concluded that this is the time for the realisation of the liberation struggle dream of a New Nation of sovereign citizens, communities and people of South Africa directly governing themselves together with their own directly nominated, elected, commissioned, deployed incorruptible ethical Public Representatives, loyal and directly accountable to the citizens, people, Nation, Constitution and Republic of South Africa first, to serve them on non-partisan, inclusive and meritorious basis.
Reported by Zoé Pillay, Photography by Shaima Braima – Safe Cities Media