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Thursday 28 September 2017

"Democracy in intensive care" by Mabanda Mayibongwe

Democracy in the African Continents can be said to be in the intensive care.  Various reasons such as that there is abuse of power, rule by law instead of rule of law, amendment of constitutions to suit personal interests, existence of constitutions but without constitutionalism, no freedom of expression and one party states point to this view point. This paper will demonstrate how democracy is in the intensive care unit by looking at the systems and methods of governance of African states. However, it will be naive to generalise that democracy is in the intensive care unit in Africa as a whole because in other countries within Africa, democracy is thriving. Therefore this essay seeks to show how some parts of Africa are in the intensive care unit. This paper will give a working definition of democracy and scrutinise the tenets of democracy and use these parameters as a yardstick to measure the extent African states comply with it.

Democracy has been defined by different scholars throughout history and among the many definitions some of them are these, Dahl, (2000) has outlined several procedural minimal conditions that enable modern representative democratic government. These are the following “elected officials, free, fair, and frequent elections, freedom of expression, alternative sources of information, associational autonomy and inclusive citizenship” (Dahl, 2000:85, Schmitter and Karl, 1996:55). Sorensen (1993) defined democracy as rule by the people through periodic elections of their highest leaders in which nearly all adults can participate for which offices they are eligible and under the rule of law. He also posits that for democracy to exist newspapers and other communication media are free to criticise government policies and leaders and also open competition is allowed for political office. ‘The government of the people, by the people and for the people by Lincoln (nd.) thus democracy in simpler terms is inclusivity, participation, respect of human rights and putting people’s interest first. The working definition for this essay will be democracy is a form of government in which all people have an equal say in the decisions that affect their lives. Ideally, this includes equal (and more or less direct) participation in the proposal, development and passage of legislation into law (William, 2011).
Lack of constitutionalism in Africa is another reason why democracy has been said to be in the intensive care unit. One of the mistakes generally made by some politicians, and even by some intellectuals, has been to indulge in the confusion between constitutionalism and written constitutions. Many African leaders were eager to adopt new “constitutions”, to amend, abrogate or replace the old ones with the new ones in order to consolidate their personal powers, with countries such as the Democratic Republic of the Congo (DRC) beating the world-record of one “constitution per year” in its 46 years of independence, the actual situation has been painted by Okoth-Ogendo (1996) as one of “constitutions without constitutionalism”. Instead of limiting the powers of the government, establishing the rule of law, protecting human and people’s rights and fostering democracy, most constitutions were enacted to rather remove any checks on governmental power, to limit the power of the sovereign people, to subject them to the will of the president and adopted in such a way. Thus democracy is said to be in the intensive care unit.

The way elections are carried out in other African countries has contributed to democracy being in the intensive care unit. To borrow from Okoth-Ogendo’s (1996) metaphor of “constitutions without constitutionalism”, there have been elections without democracy in many African countries and confusing the two is rather a fallacy, the electoralist one. The anti-thesis of the electoralist fallacy is what Seligson and Booth (1995) have termed the “anti-electoralist fallacy”. The latter assumes that elections never matter for democratisation. There is no democracy in our modern times without elections. Nevertheless, for elections to be democratic, some criteria should be met before, during and after the proclamation of the results. Democracy is a competitive system with free, fair and regular elections and universal suffrage where citizens are guaranteed their main freedom rights (Bobbio, 2008). Thus democracy is in the intensive care unit. In democratic elections, there must be no way of knowing for which political party or for which particular candidate a citizen has voted. They are then secrete, when each citizen can put his ballot in an envelope, without having been either watched over or influenced, in the secrecy of the polling booth. An example of a country without elections which is against the tenets of democracy is Somalia. Elections in Somalia were last held during the tenure of Somalia's socialist administration in the 1980s. Popular elections were planned for the parliament in 2012, but were not held. The provisional constitution of the country however does provides for an electoral system, (CIA Factbook, 2009). The Kingdom of Egypt was granted nominal independence by the United Kingdom on 28 February 1922. Between the Declaration of 1922 and the Revolution of 1952, ten general elections were held in 1924, 1925, 1926, 1929, 1931, 1936, 1938, 1942, 1945 and 1950, (Caldwell, 1966).

The availability of one party states has contributed to Africa’s democracy being in the intensive care unit. Heywood (2002: 259–60) has made the point that ‘one-party system’ is a contradiction in terms, since ‘system’ implies interaction among a number of entities.Some countries became de jure single-party states,that is, they changed their constitutions so that only one political party was allowed in the country. Such parties are subject to strict ideological discipline, in accordance with the tenets of Marxism-Leninism, and they have highly structured internal organizations in line with the principles of democratic centralism’ (Heywood 2002: 258–66). These are cadre parties in the sense that membership is restricted on political and ideological grounds. Examples of de jure one-party states were Ethiopia with the Ethiopian Workers Party (WPE) and Somalia between 1976 to 1991 with Somali Revolutionary Socialist Party (SRSP). Since there is only one party in this system, there is no freedom of expression and democracy is eroded and dictatorship emerges. There is no regard for the views of different classes and interests. Government becomes absolute and the administration becomes irresponsible. The dictators make enormous military preparations for maintaining their honour and position and they adopt the policy of war and victory which is quite harmful for the country.Thus putting democracy in the intensive care unit.

African leaders amend constitutions to suit personal interests thus putting democracy in the intensive care unit. Those in power tend to amend constitutions so they suit their personal interests. In Burundi, President Pierre Nkurunziza announced in April 2015 that he would seek a third term in office, they amended the constitution to allow for a third term and he won the next election which results were announced on the 24 of July 2015 and he went back for a third term, (Reuters, 2015). Rwandan President, Paul Kagame, according to their constitution could only serve two seven year terms but he went to referendum to change the constitution, he will run for president in the 2017 elections. Ugandan President Yoweri Museveni had presidential term limits removed in 2005, Reuters, (2005) so he could run for office in 2006. Thus clearly pointing out that democracy is in the intensive care unit.

Africa’s democracy has been said to be in the intensive care unit because ordinary citizens have been denied freedom of expression. Resorting to military force to maintain power by suppressing political opponents and disgruntled civilians impinges on the effective upholding of human rights. Bingu WaMutharika (1995) argues that even in a democracy, “…the masses can still be oppressed by the system or excluded from the decision-making processes by the same system that they will have installed and that human rights abuses can still take place even under plural democracy. Political harassment can be initiated by an elected government so as to protect its interests though at the expense of the masses. According to Makuni (2008) a political leader in power might see the violation of human rights as a necessary evil which enables that leader to stay in power. For example Ken Saro-Wiwa, an activist from Nigeria was executed by a former military regime in Nigeria for fighting for the rights of the Ogoni, (Adiama, nd.). Thus one can argue that greed and hunger for power by African leaders which leads them to violating human rights is a factor impinging the effective upholding of human rights and democracy in Africa. Thus democracy is in the intensive care unit.

The era of the colonial rule contributed to Africa’s democracy being in the intensive care unit. The lingering effects of colonialism undermined efforts to build stable, democratic economies and states and this could be seen throughout Africa during the colonial period and post-colonial years, (Kodyo, 1976). When the Europeans established colonial boundaries, they ignored existing ethnic or cultural divisions. New borders divided peoples of the same background or threw different—often rival—groups together. Because of this, a sense of national identity was difficult to develop. After independence, the old colonial boundaries became the borders of the newly independent states. As a result, ethnic and cultural conflicts remained and African nations with unbalanced economies and a small middle class. Such economic problems lessened chances of creating democratic stability. During that time there was no majority rule which is against democracy tenets. They only served the minority, thus putting democracy on life support machines.

The liberal notion of democracy has put democracy in Africa, in the intensive care unit. This liberal notion of democracy has been criticised in certain circles as being too elitist, stressing that aspects of participation are neglected (Pateman 1970; Chambers 1996). These other debates about more substantive democracy therefore put much more emphasis on inclusionary, deliberative, and participatory processes. As John Gaventa (2006) has put it, the ‘deepening democracy’ strand of the democracy debate ‘focuses on the political project of developing and sustaining more substantive and empowered citizen  participation in the political process than what is normally found in liberal representative  democracy alone. Though far from perfect, the constitutions of both post-authoritarian Brazil and post-apartheid South Africa offer examples of deliberate attempts at more substantive and participatory democratic governance (including provisions for participatory budgeting, for instance).

However, it will be naïve to rule out African democracy as that it is in the intensive care unit entirely because in some parts of the African continent it has had its successes. When evaluated by democracy’s minimum definition and procedural conditions (as outlined by Bobbio, 2008; Dahl, 2000,Schmitter and Karl, 1996) - as a system with free, fair and frequent elections, universal suffrage and that guarantees certain freedoms and rights to its citizens –Botswana and South Africa democracy is striving. Given South Africa’s particular context as a country with many languages, cultures, religions and social structures with tensions between them, an evaluation of democracy as an instrument for conflict prevention and resolution is a must. In this respect, democracy, as a system of rights that protects, incorporates and respects minorities, allows expression and is responsive to citizen’s demands, is effectively instrumental, and thus successful, for the peaceful resolution of conflicts. Zuma was recently brought before the High Court, News24, (2016) (rule of law) in that country for the Nkandla Security Structures case where he used state funds and he had to answer for that. There has not been any mention of violence or harassment during elections and people can demonstrate whichever way they please and opposition parties can directly attack the President in Parliament. Thus democracy is not only in the intensive care unit but is striving in other countries.


In a nutshell, it is valid to conclude basing on the evidence above that democracy in the African continent is in the intensive care unit to a greater extent. Some scholars however, argue that although it is in the intensive care unit democracy is striving in other countries in the same continent. With this it is crucial to note that democracy is not an event, it is a process.



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