Forgive the Latin, but we were subjected to so many
televised court cases in 2016 that it has almost become our 12th
official language by default; although there is an upside to using this ancient
language as many things sound so much better in Latin than they do in English.
For example: using nos erant semper in
stercore erat tantum in profundum, quod varia[1]
to describe 2016 sounds more refined than its English equivalent of, we were always in the shit, it was only the
depth that varied.
I am not going to rehash all last year’s South
African stories, events and court judgements, or the Brexit and Trump election
results, as these subjects remain dissected and reported upon ad nauseam. Putting them all together in
one sentence, though, does reinforce the point that 2016 was a year of worldwide
political insanity.
What we do need to urgently address in 2017 is how our
own country has contrived to get into such a parlous state, together with what can
and must be done to correct the inherent systemic imbalances.
I have already expressed a view on social media
platforms that our much vaunted Constitution can be compared to a New Year’s
resolution – full of good intentions, but when it really matters no ultimate consequences
for breach. This is borne out by the
fact that Jacob Zuma remains at the helm, even after he has breached the
Constitution in blatant and unrepentant contravention of his oath of office. His
latest alleged transgression, relating to the establishment of a “rogue”
trade union (WAU) should, if proven, be the final straw. But then again we know
he has an uncanny instinct for survival.
Nevertheless, there are a growing number of
interfaith and civil organisations such as Save South Africa, who are loudly
calling for him to step down or be removed. ANC stalwarts and many MK Veterans are also
calling for leadership change, yet they are all missing a very important point.
Replacing one leader with another is merely
treating a symptom rather than addressing the root cause of the problem. It
would simply be a case of rex mortuus
est, vivat rex “The king is dead, long live the king”.
The fact of the matter is that the Constitution
grants extremely wide-ranging executive powers to the President. In this, the
Constitution naively assumes that the incumbent has purity of heart and genuine
integrity. While generally true of
Nelson Mandela, it is clear that the present incumbent is noticeably lacking in
these qualities, and there is no guarantee that his successor will be any
different.
Treat the cause, not the symptom
I therefore have no doubt that the Constitution
itself is at the heart of the problem. The constitutional pillars relating to
equality, dignity, separation of powers, and fundamental human rights are
admirable. But the incorporated political dispensation is a legislative defect that enables manipulative
and/or corrupt politicians to undermine these pillars.
Governance at all levels, once we have voted, is at
the whim of political party leaders with no further accountability to the
electorate. And whilst it is always easiest
to point the cadre deployment/patronage finger at the ANC, the DA and EFF are also
guilty of governance by diktat.
For example, in November 2016 the DA suspended five
City of Cape Town councillors for supposedly ignoring a directive to vote
for the leadership’s preferred candidate for chairperson of the Kraaifontein
sub-council; and the EFF are facing a court case from a former
MP whom they expelled for refusing to be redeployed from a position as an
MP in the National Council of Provinces, to that of proportional representative
councillor in Vhembe District Council. And these are not, as you might hope, isolated
incidents.
It is the unaccountability of omnipotent party
leaders, and their deployed cadres, which fosters the prevailing attitude of
privilege and arrogance that is so common among our current crop of politicians.
It is also important to recognise that our ability
to vote every five years is not, on its own, proof of democratic governance. Only
when there is full and enforceable political accountability for the duration
between elections can we make that claim.
I strongly believe that we need to urgently launch
a civil-society-led formal review our Constitution - call it CODESA 2 for want
of a better descriptor, its primary objectives being: the elimination of inherent
accountability defects in our electoral system; the definition of appropriate
and enforceable consequences for politicians (at all levels of government) who
breach their oath of office; and the definition of more practical limits on the
executive powers of the President.
Our biggest challenge in this regard is that politicians
like the system just the way it is, and they are the only ones with power to
make the changes we need them to make.
Even so, 2017 must be dedicated to making full and
effective accountability to the people a political reality. We have the organisations
and people to drive this initiative if they recognise the Constitutional imperative,
and are willing to work together. Organisations such as Save South Africa; The Helen Suzman Foundation; Freedom Under Law; OUTA; and people such as retired
Constitutional Court Justice Zak Jacoob immediately come to mind.
The icing on this particular cake would be if Thuli
Madonsela could also be persuaded to add her considerable intellect and constitutional
experience to the cause. After all, while it is primarily about political
power, any resulting recommended Constitutional amendments will also significantly
enhance social justice objectives.
Are they, or others, prepared to grasp this nettle
before conniving politicians trade enough votes to make arbitrary changes that
suit only themselves? Think of potential
coalitions, if not in 2019, most probably in 2024, before you say that it can’t
happen.
For those willing to take on the challenge, it will
most certainly be a hard road to walk, but as Madiba said “It is always
impossible until it is done”.
[1] Someone with a “colonial” education may find fault with
this, grammatically or otherwise - all suggestions/corrections appreciated!
No comments:
Post a Comment