BNC#8 Dr Michael Louis - Restoring power to the people: A call for electoral reform and accountable leadership

This compelling address explores leadership, democracy, and the urgent need for electoral reform in South Africa. Drawing on personal experiences in government and constitutional development, the speaker highlights the growing disconnect between citizens and political representatives. Through powerful stories and reflections, he advocates for a system that empowers individuals to directly elect accountable leaders. Emphasising that one person can make a difference, the talk calls for active civic participation and structural change to restore trust, strengthen democracy, and return power to the people..Sign up for your early morning brew of the BizNews Insider to keep you up to speed with the content that matters. The newsletter will land in your inbox every morning on weekdays. Register here.Support South Africa's bastion of independent journalism, offering balanced insights on investments, business, and the political economy, by joining BizNews Premium. Register here.If you prefer WhatsApp for updates, sign up to the BizNews channel here..Watch here.Listen here.Edited transcript of the keynote speech.Michael Louis (00:21:05 - 00:51:16)What a privilege to be able to to really start and, address you for this indaba on facing human liberties. And maybe as an introduction, I want to tell you about my meeting with Neil, and you'll hear my independent story a little bit. But somebody phoned me in, August in 2020 and said to me there was a management on moat and that's Neil de Beer.Michael Louis (00:51:24 - 01:22:03)I've never heard of Neil in my whole life. And I said, I'll do it. But friends, I promise you, in my many, many years, I've never had a meeting for two hours that I was totally knocked out. And you know, Neil's personality and how he speaks. But I really with my third, I, I honestly thought that this man was destined for bigger things.Michael Louis (01:22:07 - 01:56:47)I honestly thought so. And so Neil in his personality, told me what his ideas were and what he wanted to do, and I listened. But as I walked out of the room, I phoned my friend Graham Power and I said to Graham, I've just met the most incredible human being and if this person moves from the darkness because you know of Neil's life in intelligence and he talks about the darkness into the light, he will make a huge difference.Michael Louis (01:57:01 - 02:28:40)And on the 29th of August, Graham and I prayed for Neil and there was an impartation on him that never in my entire life have I seen a man from the 20th of 29th of August to August 2025 last year, five years that can impact and make such a difference to a nation. And I wrote on my Facebook the following tribute to him, which I'm just going to read to you.Michael Louis (02:28:44 - 03:03:05)To my friend Neil. I said, let's all die and no or expect the impact that you had, not only in my life, but in the life of so many others, that of our nation, that you truly cared for so dearly. You gave it your all with such passion, integrity and knowledge of communicating to the nation the challenges we face so that never, never again can we ever say that we weren't told the truth.Michael Louis (03:03:09 - 03:36:45)Do you agree with that? And so the second person I wanted to honour today is another close mentor and friend that walked with me for more than 20 years, and especially with my crusade on the Independent Candidates Association and direct election and and changing the Electoral Act was a man that you all know very well. Honourable member Monsieur Laporta and Monsieur was in Cape Town in 1955 and very much understood the notion of power back to the people.Michael Louis (03:36:49 - 04:04:11)And he understood it. And when I went to all the leaders of the nation to say to them, we need to change the Electoral Act. Monsieur was like a duck to water and say, Michael Ackerson. So, ladies and gentlemen, allow me firstly that we as South Africans need to honour these two men because I truly believe that one man can make a difference.Michael Louis (04:04:11 - 04:23:32)And I'm going to ask you to stand that we can clap for them, to honour them.Michael Louis (04:23:36 - 04:27:02)Thank you very much.Michael Louis (04:27:06 - 04:51:41)So, colleagues in my address, I think it's always very important. I was in government, and Helen Zille was, a colleague of mine for five years, and, she truly remains just the most hardworking politician. And you could see the power and the calling that she's got, on her life. And, the big thing is all of us come from certain mountains.Michael Louis (04:51:44 - 05:16:27)And so I don't think I can put context to my talk. If you don't know the mountain and my experiences, why I do what I do and feel so strongly about it. Because with respect it differs a lot from Helen's perspective. So you need to get context of why I do what I do. So I come from a third generation business.(05:16:31 - 05:37:07)I was very privileged to, in my 20s to lead corporations. But in 1993, it was my feet. And after he got out and, I when Nelson Mandela went out, I thought about how could I make a difference to the country. And that was the time that Kenneth Michu, approached me and said, Michael, why don't you come to politics?Michael Louis (05:37:11 - 06:03:15)And to be honest with you, it just came at the right time. And in January 1994, we formed the Acdp, which you all know, the African Christian Democratic Party, but what you don't know, four months later, I was sitting in government. So when I entered into Parliament in the walls, I honestly didn't know what was going on. It was, and I'm sure Herman felt the same.Michael Louis (06:03:24 - 06:28:16)When you come from business and you go back into Parliament, they talk about maiden speeches and things you just don't understand. What I also didn't understand is that in the business world, they sort of respected me. But now I went into government and demanded my yes, I said, close to the toilets. I was just this individual that was there, part of them, and some of them even called me posture.Michael Louis (06:28:16 - 06:54:26)I mean, I was totally confused, but colleagues, something very, very special happened and I was very privileged because I'm a constitutional lawyer to help write the national constitution. But then we were the only province in the Western Cape that could draft our own constitution. And I must honor our premier. At that stage, you had an A Skrill that said we must have a constitution.Michael Louis (06:54:30 - 07:25:03)Now, me being a constitutionalist, the most important thing of a constitution is your preamble, because that sets out your values of what you believe in. And the South African Constitution was passed in 1996. And it said in the preamble, we, the people of South Africa. And right at the bottom it says, God bless Africa. But me being a Christian, I thought a little bit differently.Michael Louis (07:25:07 - 07:47:05)I wanted all the laws of our province to be subject to the biblical law. And what I did is I said to my colleagues in Parliament, I will only accept and the humble submission to Almighty God so that all the laws can be subject to the Almighty God. And they said, Michael, you cannot, and we will never be accepted.Michael Louis (07:47:17 - 08:16:01)The lawyers and the senior counsel actually said it's contradictory to the national constitution. You can never get it. Colleagues, the bottom line is, when it came to the voting of the everybody was against me. What happened to pass and that's no constitution. You need a three quarters majority. And what happened? My one vote, one vote was that three quarters.Michael Louis (08:16:10 - 08:28:12)And today in the Western Cape, we've got a constitution and the humble submission to Almighty God. And that's why.Michael Louis (08:28:16 - 08:59:07)And that's why my trajectory will always be. And I want to encourage you, one man can make a difference. You don't need to look at something big. You don't need to look at big parties. You must, if you believe to be called, you must stand in the gap to help change, our country. And that got to the pursuit of being part of the national constitution.Michael Louis (08:59:11 - 09:31:24)I knew that something very fundamental in our country is happening. We've got a declining democracy. Helen mentioned it that at the moment we've got 45 to 43% of the electorate actually voting internationally at 75%. Even countries like Namibia, 75%, in Switzerland, 75%. America is about 60%. But our elections are going down from 45% to 43%.Michael Louis (09:31:28 - 10:02:02)And I disagree that it's because people are just lazy. It's because they are disengaged. They are far too distant from their politicians. They fall to different far to the, far away from the elected officials. And that's why in our Constitution, in schedule six A talks about that. Our arrangement is a transitional arrangement, our electoral act, and we need to change it.Michael Louis (10:02:06 - 10:31:07)And so what happened? There was numerous things that, our government tried to do to change our electoral act. And you all know them so well. For instance, you know very well the, in 2003, the phone sales such commission that said we must have constituencies, that we must nominate our individuals. In 2006, Governor Briggs said we must change the Electoral Act in 2007.Michael Louis (10:31:09 - 11:03:06)Bizarre to in 2013. Honorable members yourself in 2017, the high level assessment of honorable Michelle Aunty. Every single one of these statutory commissions said we must change our electoral act. And what happened? Nothing changed. Five years, ten years, 15 years. So what happened is I went to the different leaders of the political parties and I say to them, please, we need to change our electoral act.Michael Louis (11:03:15 - 11:30:44)It was a transitional arrangement and none of them, they all said that's a typical political response. Nia Michael, this a idea was mooted. Done. But what happened? Nothing happened. Even after all these statutory commissions. And that's why then a colleague of mine or a fellow, past parliamentarians said, but Michael, there is a conflict in the Constitution with the Electoral Act.Michael Louis (11:30:48 - 11:58:00)And I knew the only way that this nation is going to change the Electoral Act is by virtue of taking a court action to force them to change it. Because, friends, the truth about it is, and you must remember, I'm a jurist. I'm not a politician. So I'm coming with hard facts. The facts are the politicians do not want to relinquish the power that they've got on us.Michael Louis (11:58:04 - 12:24:05)And how do we change it? Because they control the system. And then all of a sudden she explained to me the contradiction. And let me just tell you, and I'm going to try and make it as little complicated as possible in the Constitution, in the human rights section 19 one three, be it says that every person has the right to stand for public office.Michael Louis (12:24:09 - 12:54:00)So it means anybody in this audience has got the right. If you want to be a politician and stand and stand for governance, you can do it. But what did the Electoral Act said? The Electoral Act said you must belong to a political party and as a result, that was the conflict. And it was four years in the Constitutional Court that we took an action fighting for the Concord to come with a decision that the, Electoral Act is unconstitutional.12:54:00 - 13:25:16And then in 2020, judgments longer then said that independent candidates have the right to stand in public office. So I want to make the statement to you. So many people, and I see so many researchers say that independent candidates can't make a difference. I mean, what are they going to do? Well, colleagues, bad luck. It's a constitutional law and we have to have we're a constitutional state and we have to honor that no matter what you think.13:25:16 - 13:49:40If that you must be a big party before you can make a difference. If if the Constitution says one person cannot do it, we must honor that, and we must have a system that can incorporate that and allow them to to be able to be justified to get the results. And what happened? Honorable member I'm the lady who was the Minister of Home Affairs.13:49:44 - 14:17:11He went and he just in roundabout in February of that year, after the judgment, he got Vali Musa to put up a ministerial advisory committee to come and advise us of the best electoral system that there is. And it did an unbelievable job. He set eight months just working with this panel, and he came out with a majority and a minority report.14:17:21 - 14:52:35The majority report said we have to change the Electoral Act and we have to have constituencies, 200, constituencies where you can directly nominate your candidate and then two 200 indirect. And because we've got a proportional system, friends, what did Honorable Member Motsoaledi do because he didn't want to relinquish power, he went and accepted the minority report and he took the minority report.14:52:35 - 15:20:48And you drafted a bill and sent it to cabinet. And just approved it without any consultations to Parliament. One man, again as a minister, made a decision to regulate your lives that you haven't got the right to choose your own candidate back in court, back to the Constitutional Court, two years, three years to fight it. And what they did is they did make an electoral act.15:20:48 - 15:48:09And the effect about it is because so many people don't know it, because so many of you asked, why aren't there any independent candidates in government? The truth about it is, and we proved it in court, that to get an independent into Parliament on the current Electoral Act, you need 79,000 votes in the Western Cape. Guess how many votes a political party member must get?15:48:13 - 16:18:0940,000. So they made it impossible for an independent candidate to get to governance. And so we had to go and compromise and negotiate to say to the government, what can we do to to try and settle this otherwise civil activists. And one of the strengths that I really believe South Africa's a great nation, that it is because we've got a very, very active civil society.16:18:18 - 16:59:26We've got about 60 organisations that are mobilised in this area to get direct elections. And so we went and we mobilised. And then Buthelezi agreed that he will put another electoral panel in place so that, they can then choose a new electoral act. And the sad part about it is what did he do? Very cleverly, he put four of the members of eight of the panel back into the panel so that we already knew as civil society organisations, we not really going to get a new electoral act, because he's got four of the same people on the panel.16:59:30 - 17:42:22And the good news is, and it's very relevant for this organisation, is that I've just seen, the paper from this panel. And just by the way, this panel is fighting for the soul of your votes, because this panel came out on Thursday where they had not a majority and a minority report, they now calling it the majority and the regional, the majority is saying those four people that were on that panel keep the system as it is, that the political parties can have the power that they must have, but they do bring into other options of, of of the 300, 100, 200, 100, which I'll explain to you now.17:42:34 - 18:16:15So they give three options. While the original report said we must have a change to the Electoral Act and constituencies also 300, 100, 200, 200, which I'll explain now. But, colleagues, what does it mean before in our public submissions? Because I went through so many court cases, I explained to the panel, please don't come with a split report because with respect to the politicians, it's 285 pages.18:16:19 - 18:42:04And I've been working with senior counsel for four, six, seven years on this on this journey. They don't read all these documents. It is so complicated. They don't understand. If you or a panel please come up with the right one conclusive evidence of the seven months of public participation. And they came with a divided report. They fighting with each other.18:42:12 - 19:02:12The panel this time went with two reports to the minister. They didn't even talk to each other. They lodged two reports to the Minister that Parliament even had to caution them and said, you must go back and tie your report into one consolidated report, which they did in December and which was reported, on Thursday last week.19:02:12 - 19:31:19I was privileged to get it. And, just keep your eyes open because on the 31st of March this year and maybe an interview after that will be good. Is that, Parliament is then going to discuss what electoral system can we have to, to our nations. I wanting to land my plane to explain this to you and this from my point of view and from my heart to your heart.19:31:23 - 19:58:23If this is the only thing that you take away from this conference, from my talk is the following. We've got a system in our country where when you vote, you vote for a political party. That political party nominates a person on your behalf. You've got no say so. Can you imagine these investors, these finances, these financial advisors?19:58:23 - 20:27:28You said to them, yes, 5 million rand. You can invest where you want to. You can't do that. You can't do that in a political system. We want a system where you can have a constituency where you can have a person and a face, because political parties are always there to say, I'm not against a political party. They therefore ever but what the political parties must be forced to do is to put a face to the constituency.20:27:39 - 21:07:22Let me give you an example. Stellenbosch is a constituency. Can you just imagine if Julie Madonsela has to stand in Stellenbosch as this, then as an independent? Firstly, all the other political parties that are going to participate will have to put a political candidate against Tully to get creditworthiness. So they can't just put a flag because with humble respect, a lot of political parties just put up, they've a broomstick and they flag and you vote for the because you're voting for a political party and not a person.21:07:26 - 21:32:20Power of your candidates for a political system must be in your hands and not in the hands of a political party. And that's what we are advocating to. And it's a fight for the soul of this nation. That's why I laugh when I. Yeah. Is Patrick is, Patrice Motsepe going to stand to become president of this nation?21:32:24 - 22:08:08It doesn't even cross my mind. Why? Well, how does Michael Lewis think I want a system where the president is directly elected by the people? Why must I allow 400 people or 2000 people in a room to go and look who is the president of our nation or a parliamentary system with his 400 people in Parliament to vote our president, we the people must vote the president and now premiers.22:08:12 - 22:53:28And not only that is, we must also go, and we must get our power back to be able to recall them and to have a recall policy. So in the time that's left, I'm wanting to encourage you that this is a huge journey. Can you see that? It's a lonely journey. Can you imagine not having individuals that are standing up fighting for you day and night that are in the trenches, reading every law, leaving every, every commentary so that we are ahead of the curve because even our legal advisors and I really see any bar not yet from starts daily that really, helped us so much in this.22:53:32 - 23:20:49We have to even be ahead of the legal fraternity because it's too complicated. But we need you to understand the voice of the people and to fight for your power to get back your power, and that you nominate your representatives in the next election, that we don't go and we just see the, the, the flags of the political parties and and they lead us, but we don't see our individuals.23:21:03 - 23:47:24So I wanted to conclude, to say, let's go for a multi-party democracy. Let's go to elect and have the, politicians more accountable to us and not to their political parties, because that system I know and especially now and I'm saying a lot of respect to to him. And because I don't see Helen, but Herman knows he's the most popular person in his party at the moment.23:47:24 - 24:37:27Why? Because everybody wants to be nice to the boss, to get a position to stand as a candidate instead of not worrying about Herman, but worrying about their constituency and the people that he's accountable to. You, the people. That's where the power lies. So I'm wanting to take this opportunity in really thanking business for being an advocate to transform minds, to fight for the liberties that Neil stood for, and to really educate all of us to what is happening, on this very transformative meal and to journey and to all of you as the public for just supporting us in everything we do in all those civil society organisations that have assisted us.24:37:31 - 25:06:32Really, my humble things. And from to land my plane, I'm going to say to you that we thought that 35 years was the change. We talking economically. We see the green shoots. I can honestly tell you, and this is because I know I'm a systems person, and I know how it works, that the key to the door of this nation is electoral reform.25:06:36 - 25:19:16To give the power back to ourselves that we can choose our own representatives. It's an ideal with changing and fighting for to get your power back, I thank you.

BNC#8 Dr Michael Louis - Restoring power to the people: A call for electoral reform and accountable leadership

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