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CSL2601,QUESTION 1
1.1 By way of examples and south african law references to the appropriate
Constitutional Law authorities, briefly explain the different forms of
democracy.
a) Direct
b) representative
c) participatory
d) deliberative or majoritarian
Direct democracy refers to a system in which citizens participate directly in decision-
making processes, without intermediaries such as elected representatives. This is
typically achieved through mechanisms such as referenda and town hall meetings.
However, direct democracy is relatively rare in modern democracies. The Merafong
Demarcation Forum and Others v President of the Republic of South Africa and
Others case is an example of direct democracy in South Africa.1 In this case, the
Merafong Demarcation Forum and other interested parties challenged the decision
of the government to incorporate their municipality into a new province without their
consent. The parties argued that the decision violated their right to participate in the
democratic process, as they had not been given the opportunity to express their
views on the matter. They also argued that the decision was unconstitutional, as it
had been made without due process and without regard for their interests.
The Constitutional Court of South Africa, in its ruling, emphasized the importance of
direct democracy in ensuring that decisions made by the government are responsive
to the needs and values of citizens. The court held that the government had failed to
consult with the affected parties and had not given them an opportunity to participate
in the decision-making process.
The court also noted that direct democracy can take many forms, including referenda
and public consultations. In this case, the affected parties had not been given the
1Merafong Demarcation Forum and Others v President of the Republic of South Africa and Others
208.
,opportunity to participate in a referendum or public consultation on the matter, and
their voices had not been heard.
The Merafong Demarcation Forum case is an example of how direct democracy can
be used to ensure that decisions made by the government are transparent,
accountable, and responsive to the needs and values of citizens.2 It highlights the
importance of giving citizens a voice in decision-making processes and ensuring that
their views are taken into account.
Representative democracy, on the other hand, is the most common form of
democracy. In this system, citizens elect representatives to make decisions on their
behalf. These representatives may be elected through a variety of mechanisms,
including first-past-the-post systems, proportional representation, and mixed
systems. The Constitution of South Africa, for example, provides for a representative
democracy in which citizens elect representatives to the National Assembly and
provincial legislatures. the Constitutional Court of South Africa considered the
constitutional validity of the Choice on Termination of Pregnancy Act, which legalized
abortion in South Africa. In its ruling, the court emphasized the importance of
participatory democracy, noting that the democratic process requires public
participation and engagement in decision-making processes.
The court also recognized the importance of representative democracy, stating that
the Constitution of South Africa provides for the election of representatives who are
accountable to the people. The court held that the Choice on Termination of
Pregnancy Act was constitutional, as it was enacted through a legitimate process of
representative democracy and provided for public participation in decision-making
processes.
The Doctors for Life case 2006 (6) SA 416 (CC),is an example of how South Africa's
Constitution and courts have upheld the principles of both representative and
participatory democracy in the context of a controversial social issue.3 The case
2 Merafong Demarcation Forum and Others v President of the Republic of South Africa and Others
208.
3 Doctors for Life case 2006 (6) SA 416 (CC).
, demonstrates the importance of both forms of democracy in ensuring that decisions
made by elected representatives are responsive to the needs and values of citizens.4
Participatory democracy refers to a system in which citizens actively participate in
decision-making processes, typically through mechanisms such as public
consultations and citizen juries. This form of democracy is designed to ensure that
the views of citizens are taken into account when decisions are made. In South
Africa, participatory democracy is enshrined in the Constitution as a fundamental
principle of democratic governance. De Lille and Another v Speaker of the National
Assembly is a case that highlights the principle of participatory democracy in South
Africa.5 The case concerned the removal of Patricia de Lille, the former mayor of
Cape Town, from her position as a member of parliament by the Democratic Alliance
(DA) political party.
De Lille and her colleague brought an urgent application to the High Court, arguing
that their removal from parliament was unconstitutional and violated their right to
participate in the democratic process. They argued that the decision to remove them
had been made without due process and without affording them an opportunity to be
heard. In its ruling, the High Court emphasized the importance of participatory
democracy in the South African political system. The court held that the DA's
decision to remove De Lille and her colleague from parliament had violated their right
to participate in the democratic process and that due process had not been followed.
The court noted that participatory democracy requires that all individuals have the
right to express their views and opinions and that decisions must be made in a
transparent and accountable manner. The court held that the DA's decision to
remove De Lille and her colleague had failed to meet these standards.
The De Lille case is an example of how the principle of participatory democracy is
enshrined in South Africa's Constitution and legal system.6 It demonstrates the
importance of ensuring that decision-making processes are transparent,
accountable, and open to public participation. The case also highlights the role of the
4 Doctors for Life International v Speaker of the National Assembly 2006 (6) SA 416 (CC).
5 De Lille and Another v Speaker of the National Assembly 1998 (3) SA 430 (C).
6 De Lille and Another v Speaker of the National Assembly 1998 (3) SA 430 (C).
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