Leading in Darkness

Author: Ansha Krishnan

“Ubuntu is the essence of being a person, of being human and when we praise somebody, the highest form of praise is saying, ‘Ubuntu’. This person in a sense has got humanness. We are often devastated by the amount of evil that there is in the world and quite rightly. But that also lets us lose sight of something very important. You will not ultimately prosper on your own in isolation, if you want to prosper, it is only together.” The words of Former Archbishop Desmond Tutu are perhaps the most important yet most forgotten words in South Africa’s current political climate. From a nation steeped in oppression, which arose from the clutches of apartheid, to the emergence of a ‘New South Africa’ where black, white and coloured live in harmony, to today’s ‘democracy’—a ‘democracy’ tainted with corruption and violence. It can only be questioned whether the current government has lost sight of the principle that was once so fervently held in the hearts of many. Recent events such as, Nkandla, Marikana, the 2014 elections and the erosion of press freedom due to restrictive media laws, not only reveal a deterioration of South Africa’s democratic society, but also casts doubt on the current government, which has ultimately led to a loss of faith in those who liberated them.

On 10 May 1994, history was made as South Africa’s first democratically elected president stepped onto the world stage. Through the nation’s liberation, the new political party lead by Nelson Mandela turned their collective backs on the notion of parliamentary sovereignty and opened their arms to a new democratic society where the racial divide came to a narrow close. Racial reconciliation was at the forefront of their political agenda, followed by a ‘glow of optimism and collective well being’ in the South African people(Southall, 2014). This was the day the people of South Africa vested all their faith in the leading political party. However, following the end of Mandela’s five-year term, newly elected presidents have proved to be questionable in upholding values of justice and peace in which the nation fought so hard to achieve. Hence, the glow of optimism and collective well being that once beamed has become a dull and distant glimmer.

According to Senior Advocate of the High Court and Director of the Institute for Accountability (IFAISA), Paul Hoffman (pers. comm., 30/04/2014), the values of the constitution are in direct conflict with the values of the leading political party on both a practical and principle-based level. In examining the principle- based level, Hoffman believes ‘the value system of the constitution is completely at odds with the value system of the governing alliance as it envisages a ‘national democratic society’ where a one-party state has emerged in the aim of exercising hegemonic control over society (pers. comm., 30/04/2014). Furthermore, the constitution of South Africa is one of the most democratic constitutions in the world as it places human dignity, the achievement of equality and the advancement of human freedoms at the forefront of its agenda. Hoffman believes however, that such freedoms and dignity of the South African people have not been properly recognized in the values of the ruling party.

“Essentially a hard case of constitutional constipation has set in South Africa because those with their hands on the levers of power at the moment are seeking to change the constitutional order radically. A multi-party system of constitutional democracy under the rule of law in which there is openness, accountability and responsiveness is going to be replaced by a one-party state in which party and state merge and the party has hegemonic control of all levers of power in society. The ideas of that centralized form of government still linger on in the hearts and minds of too many people who are in positions of power in governance in SA today”(pers. comm., 30/04/2014).

Therefore, such a dichotomy presents itself with a fundamental issue—that the constitution that formed South Africa’s democratic society today, has in fact, been overridden by the values of a ruling elite, which has subsequently led to a loss of faith in the minds of ordinary people.

On a practical level, the notion of a national democratic society has become increasingly apparent through its operation as it overrides the laws entrenched in the constitution. Section 195 of the Constitution provides basic values and principles that govern public administration in order to maintain a high standard of professional ethics. However, according to Hoffman, such values are blatantly ignored and have been trumped by the ideals of the national democratic society.

“…the national democratic revolution has been grafted onto the public administration and people are not deployed in the public service as a result of good human resource practices, they are deployed as loyal cadres of the national democratic revolution to bring about the revolution service instead of to implement the values of the constitution. A municipal manager who acts in accordance with the hegemonic tendencies of the national democratic society, will get a new car instead of a much-needed pump for sewage. The loyalty to the party and the Revolution trumps the Constitution’s principle and values that ought to guide their acts” (pers. comm., 30/04/2014). Like Hoffman, former politician and Deputy Chairman of the Truth and Reconciliation Commission, Alex Boraine, is one of many who holds a similar belief towards the current government. In his book ‘What’s Gone Wrong?’Boraine describes the South Africa of today as a ‘failing state’ as a result of the inefficiency and lack of accountability demonstrated by the current administration led by President Jacob Zuma(Boraine, 2014). A number of signs indicating a failing state can be seen through the lack of education, ‘unemployment, lack of housing and basic facilities, police brutality, inefficiency and corruption at every level of government’(Boraine, 2014).

Thus, in examining the clash of values between the constitution and current government, the words of Borain’s title can only be reiterated, what really has gone wrong? After years of oppression and resistance and despite the much-celebrated victory of overcoming Apartheid, the current government appears to have regressed to the corruption that once stood. Marikana The 16th of August 2012 marked a turning point in South Africa’s history. Police opened fire on striking miners and resulted in 112 people being shot, 34 deaths and 78 wounded. The incident sparked public outcry and garnered international attention. Headlines labeled it the ‘Marikana Massacre’ as it mimicked similar police brutality in the 1960 Sharpeville massacre (Maotoe & Marrian, 2012). It was clear that the use of police force was completely unnecessary as the miners ‘did not occupy mining territory or any strategic point, nor did they block any major highway or minor road’(Desai, 2014). Furthermore, the incident not only revealed horrendous levels of corruption at a state level but also tainted the minds of South African people with fear and distrust towards the very institution that liberated them.
Mandela was a strong follower and admirer of Mahatma Gandhi and all that he believed in. During Mandela’s term in office, almost twenty years prior to the incident, Mandela adopted one of Ghandhi’s most pertinent philosophies into South African Congress—the concept of Satyagraha or ‘non-violence’(Press Trust of India, 2013).

"The Mahatma is an integral part of our history because it is here that he first experimented with truth; here that he demonstrated his characteristic firmness in pursuit of justice; here that he developed Satyagraha as a philosophy and a method of struggle. Gandhi is most revered for his commitment to nonviolence and the Congress Movement was strongly influenced by this Gandhian philosophy. It was a philosophy that achieved the mobilization of millions of South Africans during the 1952 defiance campaign, which established the ANC as a mass-based organization."

Despite words of admiration for Gandhi and the adoption of Satyagraha into South African parliament, merely 18 years later, a government- initiated violent massacre arises against its own people. Such can only reveal the blatant disregard for policy and their incompetence to uphold values of non-violence in a situation where violence was clearly not the answer.

Former minister of Police, NathiMthethwareinforced the fact that the use of force against the miners was unnecessary and should not have occurred in a democratic society. Mthethwa distinguished between the true role of police against criminals and ordinary citizens(Maromo, 2014). "Approaching criminals armed to the teeth, ready to kill at the slightest or no provocation, and policing ordinary citizens are two different things. There is no need for police to be heavy-handed when dealing with ordinary people. Police have to defend themselves because there is fire out there. We went to areas to interact with members of the public. Ours is a caring government and there was no need to display something contrary to that as members of the South African police." One of the ANC’s most loyal cadres, former politician Ronnie Kasrils, turned his back on the leading party for the first time in not casting his vote at this year’s elections. The Former MP said Marikana was a ‘turning point’ for him as a result of the police brutality(Pillay, 2014).

"It was premeditated murder … an absolute ambush…people would be pleading for their lives, riddled with bullets and these police, who are supposed to be there in the service of our people, do not move a finger to give any assistance."

Thus, the treatment of the miners on 16 August 2012 not only proved the extent of the current government’s exercise of power but also left a deeply seeded question on the minds of ordinary citizens; ‘they say you are here to protect us, but who will protect us from you?’ Nkandla Scandal A recent event that exemplifies corruption at the highest level of government and also provides an insight into one of many money-laundering incidents is the ‘Nkandlascandal’ where $23 million from the public trust fund was spent on security upgrades for President Jacob Zuma’s homestead(Boraine, 2014). Although there was a general consensus of disgust as the president rolled in taxpayer money, a wave of acceptance overcame the nation as news headlines painted one sordid story after another. However, that is not to say the ANC is entirely corrupt, there are still a few people with integrity who pride themselves in upholding the true values of Ubuntu and the constitution, which brought the nation to justice. One such person is ThuliMandonsela, the Public Prosecutor for the ANC who brought the scandal to the attention of the entire nation by publishing a report on the events that occurred(Boraine, 2014). Although, Mandonsela’s office is limited in terms of finance and staff, Boraine believes she is a ‘bright light in a dark world of corruption’(Boraine, 2014). 2014 Elections The 2014 elections not only cast light on the unjustifiable victory of Jacob Zuma’s second term of presidency, but also crystalised the notion of complacency and acceptance in the minds of South African people. As Zuma gloated over his victory as president for a second term, he belittled opposition parties such as COPE in their failure to sustain a majority vote and attacked other political parties calling them ‘little dwarfs’ for their accusations against him and the ANC (Hunter, 2014). His behavior not only shed light on his pride and ego as the President of a ‘feral elite’ but also reinforced the need for a leader who will work together with opposition parties for ‘a shared and common purpose’—Ubuntu.

In the words of the President himself, ‘who can defeat us when we are with the people?’ In other words, why would a political party so steeped in corruption still be in power? As seen in the 2014 elections, the ANC won with 62% of the vote(Onishi, 2014). However, since the 2009 elections the ANC lost votes by almost 10 percent(Essa, 2014). It can therefore be argued that the people of South Africa are coming to a gradual realization that the leading party is not the strong, valiant party that once carried the nation out of fear and oppression. Instead, what stands, is a ruling elite who have failed to address the nation’s most basic needs.

However, despite this gradual realization, the leading party has managed to win the majority vote for the past five elections. Political analyst ImraanBuccas calls it the ‘liberation dividend’ whereby voters believe that they owe the ANC and Mandela support as they freed the nation from the struggle of apartheid(Essa, 2014). Former Archbishop,Emiritus Desmond Tutu believes that the majority of South African people are consumed by their emotion in voting for the very party who fought for their rights and freedoms when instead, they should be voting with their heads.(Abrahams, 2013)

“Very many people are really voting with their hearts rather than their heads. Emotionally, you need a real turnaround to get them to see that when you vote for a political party you are voting for its policies. It is no longer something you can base on the emotional links we had with the people who strove for our freedom.”

Tutu, another highly sought-after political and religious figure is also unable to vote for the ANC as he is ‘pained that leaders of Mandela’s generation’ have allowed their beloved nation to fall victim to corruption(Abrahams, 2013).

“It's an ache, it is a very huge ache, for oldies like me to see our country deteriorating and slowly sliding off what we thought belonged to us – the moral high ground. It's a great pain to see that we still have the kind of disparity we used to decry under the apartheid dispensation.”

Despite Tutu’s dismay, the former Archbishop continues to be optimistic about South Africa’s potential to flourish as a nation and for Mandela’s legacy to live on(Abrahams, 2013).

Thus, all three events not only demonstrate state- induced levels of corruption and violence, but also reveal the true colors of the ANC, which has therefore cast doubt on the minds of ordinary citizens in the government’s ability to function as a democracy.

A truly free Press? One of the only institutions that has helped provide closure to the people of South Africa is the media as it has been able to successfully publish incidents of corruption that have taken place behind government doors (Boraine, 2014). Rainer Hennig, Founder of web-based African media, Afrol News and the West-African editor’s forum writes ‘in no other African country does one find such a vibrant an ample press environment as in South Africa, able to attack government from any angle’(Yin, 2011). However, although press freedom is guaranteed in South Africa’s constitution, its freedom continues to be encroached by government and private sponsors (Yin, 2011). Furthermore, due to the recent government-sponsored Protection of Information Bill and Media Appeals Tribunal (MAT), the notion of a completely free and independent press will soon become a rarity. This is the case, because instead of the media being accountable to the public, they are in fact held accountable to the government, which is predominantly controlled by members of the ruling party (Yin, 2011). Justice and Constitutional Minister, Jeff Radebe reassured members of the fourth estate in his speech ‘Democracy and Media Freedom’ that ‘as government, we will not treat you the same way the apartheid regime treated Nat Nakasa—in other words, enact laws detrimental to your cause’(McDonald, 2011). Peter M. McDonald, Professor at the University of Oxford argues that the proposed Protection of Information bill and Media Appeals Tribunal are in fact reflective of media censorship during the apartheid era. Anthony Fleischer President of the South African Pen (SA PEN)—an organization defending and representing freedom of expression, agrees claiming it is a ‘repeat of depressing history in the name of a new hegemonic nationalism’(Books Live, 2010). “One of the evils of apartheid was “information classification” and the State’s efforts to control the flow of news and comment. I recall the Rand Daily Mail’s resistance to such trends in apartheid days, and recall the role of the SABC and government media under Afrikaner nationalism…In a constitutional democracy people are meant to be free and the press is meant to be free. Freedom of expression is specifically protected in Clause 16 of our 1996 Constitution. 16 (1) (c) says “freedom to receive or impart information or ideas”. Furthermore, although the Media Appeals Tribunal (MAT) was established to regulate and provide oversight of what is published in relation to government scandals, the tribunal lends itself to bias, as representatives from the leading party are required to recuse themselves, which evidently, is not a challenging task. As a result of such punitive measures, journalists who report on government corruption can be subject to imprisonment for up to 25 years(Grootes, 2010). South African Academic, Activist and journalist, Steven Friedman takes a different view by claiming that the Protection of Information Bill is not a threat against the media but a ‘threat to democracy’ (Business Day Live, 2012). Friedman explains that the bill makes it difficult for ordinary citizens to know ‘what is being done with their resources and their trust’ as they lack the means to take a matter to court in challenging ‘classified information’ (Business Day Live, 2012). As such, it disadvantages the poor rather than the affluent (Business Day Live, 2012). “…its victims will not be the media people these politicians find irritating, the citizens, most of them ANC voters for whom they claim to speak, the bill in its current form is certain to strengthen the practitioners of the politics of greed, which key ANC people insist they oppose. They need to look beyond the smokescreen and ensure the bill is not allowed to prevent grassroots citizens knowing what the government does”.(Business Day Live, 2012) Therefore, despite the press being dubbed as ‘one of the freest presses on the continent’, its independence is eroding due to government-sponsored appeal tribunals and restrictive media laws.Furthermore, the bill is not only a threat to journalists, but also a threat to ordinary citizens to speak up for their right to know about ‘classified information’. As such, the media’s fight for unfettered freedom and independence will continue whilst the ruling party exercises hegemonic control over the media but more so, South African society. Conclusion “That spiritual and physical oneness we all share with this common homeland explains the depth of the pain we all carried in our hearts as we saw our country tear itself apart in a terrible conflict, and as we saw it spurned, outlawed and isolated by the peoples of the world, precisely because it has become the universal base of the pernicious ideology and practice of racism and racial oppression.”(Mandela, 1994) The words of Nelson Mandela serve as a reminder for the leaders of South Africa as they have lost sight of the very principle that pieced the great nation together- Ubuntu—to act as one. As corruption, arrogance and violence have reared its ugly head in Marikana, Nkandla and the 2014 elections, one can only hope that the leaders of the current government will regain sight of the very principle this nation strived so hard to achieve—‘to act together as a united people, for national reconciliation, for nation-building, for the birth of a new world’. Moreover, as the media continues to act as society’s watchdog as a result of restrictive media laws and a media appeals tribunal, it will soon become another government ploy, lacking independence and massaging the egos of the ruling elite. Thus, the notion of a democratic society has been blackened by corruption, which has ultimately led to a loss of faith in the minds of ordinary people. Perhaps what is needed, is to not lead in darkness, but for the leaders of today to open their eyes and remind themselves why they are here—‘I am because you are’.   Bibliography Primary Resources: Interview with Paul Hoffman- Senior Advocate of the High Court- 30/04/2014 Interview with KaraboRajuili- Researcher at My Vote Counts Campaign 30/04/2014 Interview with HlengiweMtshatsha- Lawyer for Lawyer for Human Rights 30/04/2014 Interview with Clifton Roux- ANC member 1/05/2014

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