Referendum call

neio

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What is the criteria for forcing the goverment to call a referendum on an issue? :confused:
 
That's one thing which I don't understand - how can our constitution be changed without a public referendum ... oh hang on, then our ministers woudn't be able to change it at every turn - what are we on at the moment? 12 ammendments?
 
With normal democratic nations if you collect 100,000 signatures (or something to that effect) you are able to force a referendum on any issue you want. The supreme court would then instruct the goverment to do it.
 
neio said:
With normal democratic nations if you collect 100,000 signatures (or something to that effect) you are able to force a referendum on any issue you want. The supreme court would then instruct the goverment to do it.
So why don't we do that over here? I am sure 100 000 is manageble...
 
Thats why I asked what the criteria for a referendum is.
 
neio said:
With normal democratic nations if you collect 100,000 signatures (or something to that effect) you are able to force a referendum on any issue you want. The supreme court would then instruct the goverment to do it.

And since when ???.

So name these countries please where this happens as are you are talking out of your depth again and confusing constitutional amendments with recall elections or ballot propositions/initiatives.
 
I would imagine (but open to correction) that the reason for the referendum would also be a factor.

Free AIDS drugs for all (or a shower in every home) vs Contacting the little green men that live on the sun as a (whacked out!) example...
 
tibby.dude said:
And since when ???.

So name these countries please where this happens as are you are talking out of your depth again and confusing constitutional amendments with recall elections or ballot propositions/initiatives.

Well Switzerland for one. I didnt talk about constitutional amendments or anything, I just asked what the criteria is for calling a referendum.
Very simple.
 
neio said:
Well Switzerland for one.

Swiss is a very loose confederation with the cantons having a very high degree of autonomy compared to say the US or German states or our provinces.

In our case referendums can only be called the govt and must be gazetted and the results are non-binding on the govt and is an alternative and much quicker and less costlier than calling a snap election to place a major political decision before the electorate where the govt feels it needs their backing.

One does not do it lightly.

We had one in 1960 to decide on becoming a republic and one again in 92 on reform.
 
tibby.dude said:
Swiss is a very loose confederation with the cantons having a very high degree of autonomy compared to say the US or German states or our provinces.

In our case referendums can only be called the govt and must be gazetted and the results are non-binding on the govt and is an alternative and much quicker and less costlier than calling a snap election to place a major political decision before the electorate where the govt feels it needs their backing.

One does not do it lightly.

We had one in 1960 to decide on becoming a republic and one again in 92 on reform.
Of course the one in 1992 was thanks to presidential decree. However, today the president does not have the power to call a referendum, it is up to the NEC, and they're a right toothless bunch. Besides, the ANC actually has a perception it's doing a good job.
 
That sucks, why are the South African public denied the right to be more involved in the running of the country?
 
neio said:
That sucks, why are the South African public denied the right to be more involved in the running of the country?

You can vote ... for now ;).
 
neio said:
That sucks, why are the South African public denied the right to be more involved in the running of the country?
They are more involved than they have ever been.
 
AFAIK....

ONLY the President of South Africa has the power (via the Constitution) to call a referendum. This loose thing called "the government'.... no, they do not have such power afaik, and if I am wrong on this then in all probability a 2/3rds majority would probably be required.

Kilps said:
That's one thing which I don't understand - how can our constitution be changed without a public referendum ... oh hang on, then our ministers woudn't be able to change it at every turn - what are we on at the moment? 12 ammendments?

Just because there are amendments does not mean the Constitution has been changed willy-nilly. Constitutional Amendments in SA, which require a 2/3rds majority of both houses (colloquial 'parliament' and NCOP), have all been relevent and democratic thus far.

I cannot find fault with what Tibby.dude has said, except for his reversion to his old ways of using three question marks (what's up with that??? :) )

In contrast, one may like to call up the American Constitution and the number of amendments passed on it (some twenty-something, the first ten [constituting USA's 'Bill of Rights'] which were passed pretty much immediately after the Consitution came into existence). The USA Consitution, in existence since 1776, is often referred to as a 'living constitution'. This is because it is so skant that it continues to be relevent throughout the centuries even without amendment's being passed willy-nilly. This is not necessarily a good thing, because the very quality that makes this constitution 'time-proof' is also the quality that leaves it open to abuse via (i.e. "We the people" has, at various time's in the USA's history, been used to exclude certain groups of people based on race, nationality, gender).

As for arguments about the lack of direct democracy in SA..... we are getting there, be patient and hold onto that vision of mass participation. You need also to be able to distinguish between the different 'forms' (for lack of a better word) of democracy. In SA, we are big on the participative representative democracy - far more so than in comparable 'third wave' democracies (i.e. those countries that became democracies around the time of the fall of communism). There are hundreds of ways you can participate in law-making and policy-making in SA, from attending local EIA/SIA discussion to commenting on Green Papers and other laws.

And one final thought on this- remember that in the USA and Europe democracy has been around for centuries. In the rest of the world we are playing catch-up. We are still learning. As I have said before on the forum, democracy is not a 'cut-and-paste' system - i.e. you cannot take the processes and application on democracy from one country and transplant them onto another country and expect the same results. Democracy must necessarily be tailored to each country. On the bright side, we have achieved here in SA what it took Europe and the USA literally hundreds of years to do.
 
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Debbie2 said:
AFAIK....

ONLY the President of South Africa has the power (via the Constitution) to call a referendum.
I stand under correction but I do believe that this is no longer the case?
 
Just done my research. I agree with Debbie:

Section 84(2) of the Constitution has reference to the powers of the president. Point (g) specifies the ability of the president to call a referendum. The only other reference to referendum in the constitution refers to the ablility of a premier of a province to call a referendum. I haven't as yet checked the Constitutional Amendment Acts.

Edit: Neither the first, second or third amendment (bill) have any reference to referendum.
 
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