[T]he Constitution does not envisage a mathematical form of democracy,
where the winner takes all until the next vote-counting exercise
occurs. Rather, it contemplates a pluralistic democracy where
continuous respect is given to the rights of all to be heard and have
their views considered... The open and deliberative nature of the
process goes further than providing a dignified and meaningful role for
all participants. It is calculated to produce better outcomes through
subjecting laws and governmental action to the test of critical debate,
rather than basing them on unilateral decision-making. It should be
underlined that the responsibility for serious and meaningful
deliberation and decision-making rests not only on the majority, but on
minority groups as well. In the end, the endeavors of both majority and
minority parties should be directed not towards exercising (or blocking
the exercise) of power for its own sake, but at achieving a just
society where, in the words of the Preamble, “South Africa belongs to
all who live in it”‘.
Democratic Alliance and Another v. Masondo NO and Another (CCT29/02) [2002] ZACC 28; 2003 (2) BCLR 128; 2003 (2) SA 413 (CC) (12 December 2002), J Sachs, para. 42-43.
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