SA constitution serves the elite and the neoliberal agenda

The MK Party has called for the scrapping of South Africa's constitution, claiming it serves the elite and the neoliberal agenda.

The party, led by former president Jacob Zuma who was in the ANC for decades during the crafting of the constitution, has proposed a new document which it says would "focus on delivering services to the poor".

MK Party parliamentary leader and deputy leader John Hlophe read out some of the key agendas and focuses of the new constitution the party would push for.

He also touched on the recent decision by the National Prosecuting Authority (NPA) not to prosecute anyone in the Phala Phala saga, criticising it and calling it a slap in the face of South Africans.

He said the NPA's decision was a "clear example of how justice is reserved for the powerful".

"If this government cared about transparency and justice they would ensure no-one, not even the president, is above the law."

The constitution was an affront to the principles of the national democratic revolution, he said, adding the government of national unity (GNU) reinforces MK Party's conviction that it is time for progressive forces to come together and resist the "neoliberal agenda aimed at deepening inequality, poverty and dismantling of public services crucial to our people's wellbeing".

Labelling the GNU the "DA-led coalition", Hlophe said the constitution has become an obstacle to land reform and restoration of dignity.

Hlope called the GNU "treasonous" and a "deal with the devil". He said the ANC should be deemed the former liberation movement.

The constitution, hailed as progressive, "protected the property rights of those who historically stole land and ensures the continued marginalisation of the majority".

"Under the MK Party we would scrap the constitutional supremacy in favour of that which prioritises the dignity and sovereignty of the people. We believe that only returning to parliamentary sovereignty, we can add laws that truly reflect the will of the people and restore their dignity through land reform and empowerment of traditional leaders.

    We would reclaim our economy from the grasp of white monopoly capital and ensure the wealth generated from our land and resources is reinvested in development of our communities rather than flowing into the pockets of foreign shareholders. This is what a revolutionary government would do in 100 days

John Hlophe

"The current constitution stands in a way of reclaiming our land and mineral resources. The DA-led coalition has used constitutional protections and ANC ambivalence to delay land expropriation and the nationalisation of mineral resources."

The ANC has previously resolved to nationalise and expropriate land without compensation. Talks between the ANC and EFF during the sixth administration collapsed when the two parties could not agree on certain clauses in the section 25 amendment bill.

While the ANC resolution calls for nationalisation and land expropriation without compensation, its biggest obstacle in the government will come from the DA which has been against nationalisation.

Hlophe said the MK Party would move swiftly to repeal the constitution.

The South African constitution has been celebrated worldwide and South Africa is thought to have a visionary Bill of Rights. It's hailed as being one of the few in the world to integrate economic, social and cultural rights alongside traditional civil and political rights as legally enforceable rights.

Hlophe, who was impeached as the judge president of the Western Cape High Court, said the GNU stripped the people of their power, governing through an elite judicial system rather than the will of the people.

"Instead, the ANC obsession with so-called constitutionalism has alienated the masses from the decision-making processes. MK would return to parliamentary sovereignty, placing power back in the hands of the people's elected representatives.

"We would ensure the decisions regarding the future of South Africa, especially concerning economic transformation and land reform, are made by the people for the people without interference from the elite neoliberal constitution that protects the interests of the few."

The MK Party led by Zuma — who was president of the country during state capture which saw many in his inner circle plunder the country's resources, collapsing the economy and state entities — promised to put the people first, dubbing itself a revolutionary government.

"The DA-led coalition, adherence to neoliberal constitution, has locked South Africa into an economic system that benefits white monopoly capital at the expense of the majority. This constitution was designed to protect the world of those who control the JSE and ensure the continued exploitation of our resources by foreign interests.

"The MK Party would scrap this constitution and introduce an economic model that prioritises the people. We would reclaim our economy from the grasp of white monopoly capital and ensure the wealth generated from our land and resources is reinvested in development of our communities rather than flowing into the pockets of foreign shareholders. This is what a revolutionary government would do in 100 days."

In October 2023, the Daily Investor reported that the Ramaphosa and Zuma years had reversed the economic gains made during former presidents Nelson Mandela and Thabo Mbeki.

The report referenced how under Mbeki, with Trevor Manuel as finance minister, the country achieved strong economic growth and significantly reduced its debt-to-GDP ratio.

This changed quickly after Zuma dethroned Mbeki as ANC president, adding that with Pravin Gordhan taking over from Manuel as finance minister, government spending spiked.

South Africa's strong GDP growth during the Mbeki era stopped and the country's debt rapidly increased.

The trend accelerated under Ramaphosa's presidency, with many economists warning that South Africa is facing a fiscal cliff.