Arguably one of the most confusing moments in South African political history occurred when ActionSA unexpectedly supported the adoption of the fiscal framework within the national budget.
For a party that has built its reputation on being Anti-ANC and holding the GNU to account, this decision stunned many of its supporters, leaving them disillusioned and searching for answers. Now there is perhaps a solution to the problem that is different from moaning.
On a different but relevant note, ActionSA’s constitution, the very foundation of its governance, appears to have been ignored. According to its governing documents, the party must hold a People’s Convention within nine months of the 2024 national election.
This convention is not just a routine gathering. It is the party’s highest decision-making body, where fundamental policies and leadership structures are determined. Yet, despite the constitutional mandate, no such convention has been held.
Tenure
Moreover, the tenures of both party leader Herman Mashaba and national chairperson Michael Beaumont, limited to five years, appear to have expired. If these provisions are not being honoured, does ActionSA still have the legal authority to function as a political party?
For voters and supporters who placed their trust in ActionSA as a vehicle for political change, this situation presents a serious concern. A party that does not adhere to its own constitution cannot credibly promise to uphold democratic governance in South Africa.
The failure to convene the People’s Convention and respect leadership term limits is not just a procedural oversight. It strikes at the core of the party’s legitimacy and accountability. If this situation remains unaddressed, it could have far-reaching consequences, not only for ActionSA’s future but also for the broader political landscape.
Legal mechanisms exist to challenge ActionSA’s apparent constitutional violations. A campaign could be initiated to formally demand that the party secretary schedule the long-overdue People’s Convention and confirm whether the leadership remains legally valid.
Defy
Should the party continue to defy its own constitution, the consequences could be severe. A legal application could be brought before the Independent Electoral Commission (IEC) to have ActionSA deregistered, on the grounds that it is no longer functioning in accordance with its founding documents. If this were to happen, most ActionSA representatives in the National Assembly, for example, would lose their seats.
Once deregistration occurred, the party’s seats would not remain vacant. Instead, per South Africa’s proportional representation system, these seats would be redistributed among the remaining parties. The ANC, as the largest party, would likely receive the majority, but the DA and other opposition parties would also gain additional seats.
This shift in power could significantly alter the political balance in key municipalities and legislatures where ActionSA currently holds influence. ActionSA supporters who value integrity and accountability must act now. Write to the party secretary. Demand compliance with the Constitution. Insist on democratic processes within the party. And if ActionSA refuses to uphold its own rules, the legal system remains the final recourse to ensure that political parties operate within the framework of law. Rhetoric by itself is not sufficient.
You can contact ActionSA parliamentarians on the parliamentary website at:
https://www.parliament.gov.za/
Or you can write to ActionSA directly at:
https://www.actionsa.org.za/contact/
The views of the writer are not necessarily the views of the Daily Friend or the IRR.
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