Democracy, Elections, and Constitutionalism in Africa (Stellenbosch Handbooks in African Constitutional Law)

This book is the outcome of the sixth Stellenbosch Annual Seminar on Constitutionalism in Africa (SASCA). The theme of the seminar was ‘Democracy, elections and Constitutionalism in Africa.’ The participants examined how the fledgling foundations of African constitutionalism could sail through the stormy seas of authoritarian revival and prevent the democratic recession spiralling into a depression. They examined a number of intricate issues concerning the role of elections in fostering democracy and constitutionalism. Some of the issues looked at included how we could design systems that will ensure that elections on the continent are genuinely competitive and reflect a real contest between competing approaches to nation-building and not a contest between perceived enemies? Or again, how we could reduce the cost of losing an election and encourage incumbents and opposition parties to accept defeat and continue to play by the rules of the democratic game? Whilst there are no easy and obvious answers to the numerous questions that arise, they nevertheless are important and urgent issues that need to be seriously interrogated. This is because, even if constitutionalism and democracy may not be working well today in Africa, there is no better alternative. The chapters in this book have been written by attendees from the seminar and cover a cross section of the continent’s regions and legal traditions. Front Matter Title Pages Stellenbosch Handbooks in African Constitutional Law Preface Table of Cases Table of Legislation List of Contributors Introduction Nico Steytler and Charles M Fombad Part I Making Multiparty Democracy Work in Africa 1 Democracy, Elections, and Constitutionalism in Africa Charles M Fombad 2 How Could We Design Democracy to Make it Work in the African Context? Nic Cheeseman 3 The African Union and the Advancement of Democracy Adem K Abebe and Charles M Fombad 4 Local Multiparty Democracy in Africa Nico Steytler Part II Authoritarian Multiparty Democracy: Case Studies 5 Multiparty Democracy in Zimbabwe after the Adoption of the 2013 Constitution Tinashe Carlton Chigwata 6 Competitive Authoritarianism in a Constitutional Democracy Henning Melber 7 Constitutionalism and Electoral Authoritarianism in Ethiopia Zemelak Ayitenew Ayele 8 Constitutionalism and Developmental Authoritarianism Teresa Nogueira Pinto 9 Egypt’s Plasticine Constitution Sherif Elgebeily Part III Enhancing the Role of Political Parties in Making Democracy Work 10 Internal Party Democracy in Tanzania Edwin Babeiya 11 Party-Political Financing, Democracy, and Constitutionalism in Ethiopia Zelalem Degifie Part IV Enhancing Democratic Quality Through Electoral Processes 12 Nigeria in Search of a Credible Electoral Administration Rotimi T Suberu 13 Adjudication of Disputed Presidential Elections in Africa O’Brien Kaaba and Charles M Fombad Part V Promoting Inclusive and Participatory Democracy 14 Women’s Participation in Elections and Legislatures in Kenya under the 2010 Constitution Jill Cottrell Ghai 15 How Zimbabwe’s 2013 Constitution Addresses Women’s Election and Participation in Parliament Makanatsa Makonese Part VI General Conclusion 16 Reversing the Surging Tide towards Authoritarian Democracy in Africa Charles M Fombad End Matter Index "The third wave of democracy that reached African shores at the end of the Cold War brought with it a dramatic decline from 1990 onwards in dictatorships, military regimes, one-party governments, and presidents for life. Multiparty democracy was at the core of the constitutional revolutions that swept through most of Africa in those watershed years. However, that wave is either losing momentum or receding - or being reversed in its entirety. This volume examines democracy and elections in Africa, a focus motivated by two concerns. First, after 30 years it is important to take stock of the state of constitutional democracy on the continent. The democratic gains of the 1990s and 2000s seem to be falling by the wayside, with the evidence mounting that regimes are concealing authoritarianism under the veneer of elections, doing so in an international context where populist regimes are on the rise and free and fair multiparty elections are consequently no longer a given. It is becoming a battle to protect and retain constitutional democracy. The second reason for this volume's focus on democracy and elections is that multiparty democracy is essential for the proper functioning of the state in addressing the major problems facing Africa - internal conflict, inequality and lack of development, and poor governance and corruption. The focus of this volume is thus on how competitive politics or multiparty democracy can be realized and how, through competition, such politics could lead to better policy and practice outcomes." The third wave of democracy that reached African shores at the end of the Cold War brought with it a dramatic decline from 1990 onwards in dictatorships, military regimes, one-party governments, and presidents for life. Multiparty democracy was at the core of the constitutional revolutions that swept through most of Africa in those watershed years. However, that wave is either losing momentum or receding - or being reversed in its entirety. 0This volume examines democracy and elections in Africa, a focus motivated by two concerns. First, after 30 years it is important to take stock of the state of constitutional democracy on the continent. The democratic gains of the 1990s and 2000s seem to be falling by the wayside, with the evidence mounting that regimes are concealing authoritarianism under the veneer of elections, doing so in an international context where populist regimes are on the rise and free and fair multiparty elections0are consequently no longer a given. It is becoming a battle to protect and retain constitutional democracy.0The second reason for this volume's focus on democracy and elections is that multiparty democracy is essential for the proper functioning of the state in addressing the major problems facing Africa - internal conflict, inequality and lack of development, and poor governance and corruption. The focus of this volume is thus on how competitive politics or multiparty democracy can be realized and how, through competition, such politics could lead to better policy and practice outcomes This volume examines democracy and elections in Africa, taking stock of the state of constitutional democracy on the continent after the democratic gains of the 1990s and 2000s, focusing on how competitive politics or multiparty democracy can be realized and how, through competition, such politics could lead to better policy and practice outcomes.