Exclusion of EFF, MKP from 'GNU' breaches unity – Mpofu
Advocate Dali Mpofu has criticised the exclusion of certain political parties from what is described as a government of national unity, arguing that such exclusion undermines the principles of national unity.
On Monday, the High Court in Johannesburg heard a legal challenge from former President Jacob Zuma’s MK Party against the SABC over its use of the term GNU.
Mpofu, representing the MK Party, told the court that two major parties, representing around 25% of the electorate, the uMkhonto weSizwe Party and the Economic Freedom Fighters, were excluded from the GNU as a pre-condition by the Democratic Alliance.
President Cyril Ramaphosa formed the GNU after the May 2024 elections, where the ANC lost its majority for the first time, securing only 40% of the national vote.
The GNU includes the Democratic Alliance, the Inkatha Freedom Party, the Patriotic Alliance, the GOOD Party, the Pan Africanist Congress, the Freedom Front Plus, the United Democratic Movement, RISE Mzansi, and Al-Jama ah.
Mpofu argued that the term "government of national unity" is not merely a label but a political concept with significant historical and legal implications.
He pointed to international examples, such as Winston Churchill's wartime coalition and Nelson Mandela's post-apartheid government, to emphasise that GNUs are characterised by broad political representation.
"There’s something called the National Unity and Reconciliation Act of South Africa. There’s also a substantial body of case law, including the McBride case, in which the Constitutional Court extensively addressed the concept of national unity,” Mpofu said.
“So when the leadership presented its summary, I smiled because it really touched on what we were discussing. This is not just a name. It’s not like Mary or Themba—it's a concept that has, as the leadership correctly pointed out, real meaning.
“We are asserting that this government, while it may be a government of various kinds, is not a government of national unity.
“We need to explore further what defines a GNU. It’s not just a term. It’s a political concept, a definable thing. And when you rely on definitions, as we are doing, it becomes clear that the concept has specific ingredients," argued Mpofu.
Mpofu says national unity governments are often formed after a political crisis, typically following a period of conflict or during a transition between regimes.
"One key characteristic is that a GNU is a broad coalition government, consisting of all parties or all major parties in the legislature. Usually, it’s formed during times of war or national emergencies, as we know from historical examples.
Mpofu continued: "From these definitions, two important points emerge. First, a government of national unity typically includes around 85 to 90% participation. While 100% would be ideal, 85 to 90% is generally accepted as the threshold. This figure is a subject of political debate."
"If you were to say, ‘Does it need 90%?’ the debate arises when participation falls below the required majority. For example, in constitutional matters, a minimum of 75% may be needed for certain clauses to pass.
“Once that threshold is set, it remains fixed. It’s not about debating exact numbers like 74% - it’s about the principle of a sliding scale of political representation.
“This isn't about two-thirds or percentages. It’s about ensuring substantial political inclusion."
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