History will not absolve us

Post-Polokwane, our country has lost its standing. I realised this as ANC president Jacob Zuma fell backwards on his arse during his fourth wedding celebrations. He laughed good-naturedly, as he does, as his loincloth rose to reveal a set of legs toned by his dance routines.

This view is reinforced by the corruption charges against national police commissioner Jackie Selebi. When the man who wants to be president and the country’s top cop both face serious charges of accepting bribes, racketeering and selling their souls to crooked businessmen, we can reach no other conclusion.

Zuma’s wedding took place during the same week that the Scorpions charged him with fraud, racketeering and corruption. At Polokwane, international delegations were flummoxed by his accession to the presidency. “How can it be?” We pundits mumbo-jumboed about the magnificent wave of “democracy” that carried him to victory. Sure, there is an element of truth to this — but also a strong dose of self-inflicted naiveté.

We lower our standing still further when we repeat the mantra that Zuma is innocent until proven guilty.

Of course he is. But that is a legal argument.

This is a political country in the best sense of the word — a nation that dared to fight beyond the lowly order to which history had assigned us. If nothing else, the struggle for democracy, which truly did involve and change millions of people at one level or another, earned us the right to expect higher standards of those who would lead this nation-in-becoming.

To be blunt, Zuma is a lesser leader for what we know of the various tests of political leadership, morality and good judgement that he has failed. The test for the presidency must be higher than the legal test of innocence or guilt.

We have lost our standing because our fine, grassroots-trained leadership has all but disappeared.

Leave aside the snobbish whingeing of middle-class dinner parties and corporate boardrooms, where fingers rush to pinch noses on mention of Zuma.

I speak instead of a fundamental betrayal of the very simple, profound goals the ANC set itself when it led the Constitution-making process: the realisation of a set of progressive advances under the law.

The rand may be holding its own for now, but South Africa has a new national currency: we are trading in expediency and populism.

More than 30% of the members of the new national executive of the ruling party have malfeasant marks over their heads. These are men and women who, in various ways they may question, failed the test of democracy by giving in to the temptations of power and patronage. Some have accepted loans from friends in business; other have cashed in travel vouchers; at least one has taken a “discount” on a fancy sedan; some have simply lied to Parliament. And they have now been elevated to the top ranks of the party that is likely to be in power for at least another two decades.

Their elevation is also our loss of standing and no amount of obfuscation and or conspiracy-mongering can change that.

What nonsense is this trend (started by President Thabo Mbeki) to blame most every brush with the law on unnamed apartheid-era third forces? And why don’t we speak out loudly against such patently false claims? Are we intimidated by the bombast and vitriol of the ANC’s so-called Youth League, and the increasingly politically incoherent Congress of South African Trade Unions?

Now, leading political analysts such as Sunday Times editor Mondli Makhanya and Business Day political editor Karima Brown float the idea of an arms-deal amnesty. This suggestion is catching on and may well be the outcome of the ruling party’s own investigation into the first major corruption scandal of democracy.

Democrats cannot allow the expedience of an amnesty. It is not a cure-all or a cop-out, but a legal weapon to be used judiciously in support of transition (the Truth and Reconciliation Commission) or transparency (the small-business tax amnesty).

The prosecutions of Zuma and Selebi must go ahead. If any more dirt comes out of the arms deal, then those involved must be prosecuted; otherwise we will destroy the rule of law.

History will not absolve the various attacks on the rule of law that underlie our fall from grace. The constant carping against the charges; the questioning about whether the case against Zuma should proceed at all — about whether any judge will have sufficient independence; the Youth League’s conflation of prosecution with judgement — all these make the separation of powers increasingly fragile.

In fact, it is this atmosphere that provided the oxygen for Selebi’s attempt to suspend the law on an argument that was, mercifully, thrown out of court.

This took place just days after the top cop’s henchmen arrested Scorpions investigator Gerrie Nel on trumped-up charges. That Selebi’s bid was unsuccessful is a good thing, but the ANC’s immediate response was to raise a racial conspiracy: why had Nel’s case been thrown out while Selebi faced charges?

In the same dismal spirit, the ruling party launched an unprecedented attack on Deputy Chief Justice Dikgang Moseneke for having the audacity to assert his independence and all our rights in a birthday speech.

Such carping and second-guessing can only corrode the rule of law, as former chief justice Arthur Chaskalson and the human rights advocate George Bizos had to warn publicly last week.

Our nation’s standing is based on the quality of our leadership and Constitution — nothing more and nothing less. While MS Prabhakara, former South Africa correspondent for the Hindu, has written persuasively of the follies of South African exceptionalism, I was always a believer in our special ability to fashion a new state with a standing that would outlast the first blushes of democracy.

Instead, as our democracy turns 14 years old, the new leadership (if you can call it that), seems intent on sacrificing democratic longevity on the altar of populism and their hunger for power. This is not early nostalgia for the Mbeki era, which indeed set us on this path of falling men and fallen standing.

This piece was originally published in the Mail & Guardian, but due to a massive reader response it is reprinted here on Thought Leader for further debate

25 Responses to “History will not absolve us”

  1. Consulting Engineer #

    Very well said Ms Haffajee. But lets look at the bright side. We have learnt much from our leaders as well: that garlic and beet root can cure AIDS, showers can prevent it, and that AIDS is just a plot by the white man to make Africa look bad.

    Zuma is not the only one to fall on his arse. Another leader fell on his arse from a horse. More at issue is the long series of charges from rape, bribery, racketeering etc. That people would vote for such a person shows the mentality of the mass of voters. It shows where their priorities lie. Good governance is not one of them.

    It is democracy. The people have spoken. Honesty, integrity, morality, judgment etc are not what people of the ANC want. They want dancing and redistribution of wealth by whatever means. Dynamicism, singing, struggle songs, Kill the Boer; now there is a platform they can vote for.

    And with 2010 coming, Our Chief of Police thinks bribes will ensure tourist confidence. Look he is so powerful and feared criminals must pay him tribute. After all, is redistribution of wealth not a priority? Let it begin at home. After the leader’s pockets are full, largess can filter down. Why not? It worked for Mobutu, Amin, Moi, Bokassa etc.

    Was the first president any different? Kill the amaBhulu, kill them all.

    http://www.youtube.com/watch?v=NKiePbTcAfY

    Nice how a president refers to a large group of citizens of his country. A man that everyone can vote for.

    Only 30% of the members of the new national executive have criminal records? Will the other 70% be fired soon? I thought it was a prerequisite. Hence they all struggle to fulfill this condition. If you get caught out, do as Meneer Mbeki does: say I am sorry or blame the previous regime.

    Who will speak out? If whites do so then they are racist and long for Apartheid. If Blacks do so they are puppets of the white man and counter-revolutionary. Their future in the ANC will be in tatters and chances of a BEE post non-existent.

    If a white uncovers corruption the sole motive is racial conspiracy, like Gerrie Nel. Have him arrested as a racist. That is far worse a crime than corruption in the new SA. If a judge prosecutes an ANC defendant arrest him as well. Lets shut down the investigators. Or better yet, follow McBride’s advice and have his wife and children raped and murdered.

    It seems like hunger for power is the only power SA will soon have, given ESKOM’s declining fortunes.

    January 28, 2008 at 2:41 pm
  2. Tman #

    History has told us that during the times of apartheid, certain parts of our society were as quiet as burial grounds. They saw nothing wrong with apartheid. They certainly did not write or called the leaders of that time by names as it is now. Even during the truth commission they saw no need to apologies for their lack of concern about what was happening in their own country. One wonders what was their relationship with that history.
    There is nothing new from what is written above. I’m the ordinary South African who has experienced all sorts of corruptions. There are a dozen of companies that have been exposed for uncompetitive behaviour, but they are running their business uninterrupted by this constant audacity. What we see is regular heckling of politician and the rest is left unhurt.
    Our society is the forgiving one. If it were not, certain parts of our communities would still be paying for the sins of the past. The only societies that represent the bureaucratic, unforgiving, heckling, smear campaign and so on, is found in the media. Amnesty was not questioned when it was given to the leaders of the past. I guess there are people whose blood is much thinker than others.
    Your article does not give us any therapy to the situation. It only gives us new vocabulary in mocking. I would have learnt more if you could have given us examples of places in this world that commits no sin; the place that condemns their children until they perish because they have committed sins in the past; the place where certain investigations are being conducted in order to diminish the status of that country in the international affairs (I hope you won’t mention Britain). I would have learnt more if you would publish (on the mass media) certain stories about the cruelty of certain private industries. Not to motioned that certain companies enter into agreement with certain firms in order to avoid litigations from the aggrieved parties.
    I would only believe in fairness if the untouchable are confronted the very same way that politician are treated. If that does not happen, I’m matured enough to read between the line of their scripture. Call all kettles black, do not hide the one you love and ridicule the one you don’t.

    January 28, 2008 at 4:56 pm
  3. Winstar #

    the current Anc leadership saga just leaves me numb.I find it very hard to believe that we could elect leaders with a history like this or with issues likes these hanging over their heads. How do we entrust our future into the hands of people like these? we should remember that this has nothing to do with individuals but with the high standards set for leaders. Anyone who cannot live up to those standards should stay out Of leadership and not demand that the standards be lowered for them. But all said and done leaders do not appoint themselves but are appointed by us. we will have to live with what we have chosen. God help us!

    January 28, 2008 at 6:10 pm
  4. Owen #

    My guess is that the recent power problems (both in Polokwane and Eskom) has cost the ANC many votes in the next election as people can see the problem.

    All the smaller parties can expect to gain.

    January 29, 2008 at 9:32 am
  5. say..what! #

    I think that the ANC only has to wait for the next general elections to see what the GENERAL PUBLIC truely thinks. There aren’t enough mindless wind bag masses (i.e. the voters in Polokwane) to have the current ANC leadership voted into the countries Presidency.

    Simply the GENERAL PUBLIC knows what they want, we don’t listen to propoganda fed to us from spoons laden with Rand signs and visions of grandeur.

    I AM A SOUTH AFRICAN!! And my vote will be my voice.

    so stop whining, suck it up and make sure that your vote counts!!

    January 29, 2008 at 12:29 pm
  6. SJ #

    South African elections are contested by many parties small and big, the majority voted for the ANC because it is their party of choice they are not forced under the barrel of a gun (that is multiparty democracy mrs Editor)

    Members and delegates of the ANC are not as stupid as you think they are, the decision to vote for JZ as the president of the party was discussed in different levels of the structures where we looked at the challenges of the movement and the country as well as the kind of leadership collective to address such challenges

    I find it absurd now to read articles riddiculing us for excersing our democratic right within our movement structures by people who have no respect for the ANC.

    The democracy you are preaching dont imply that we must play by the rules of your book or that we should choose our leaders to appease all the rightwingers of this country any way thank the people that you label “immoral” for the same democracy you are bragging about.

    All the resolutions adopted by the Polokwane conference were thouroughly debated and are genuine decisions of the ANC and the NEC must implement them whether you like it or not you must learn to live with this fact coz the ANC is a party of the poor,marginalised masses of our land and they will vote it until jesus come back. “if it is possible for him to come back again”

    January 29, 2008 at 1:10 pm
  7. Albertus van Wyk #

    Very well said. Thanks. We have a major leadership crisis, and we don’t deserve it.

    January 29, 2008 at 1:31 pm
  8. brent #

    Tman – in answer to your piece, the wonderful amazing thing about the new democratic SA was it’s determination not to repeat the sins and mistakes of the past and of those North of us. The way the ANC lead and negotiated with others to build up a concensus constitution was a model for nation building and building for the future after a terrible past. History will always recognise this no matter what happens to SA in the future.

    All who sin/commit crime should be bought to book, because one who is ‘not of you’ seems to get off is no excuse for insisting your guys should also get off. The reason some are not punished is because the system is grounding to a halt, so fix the system don’t let more off the hook.

    In the end crime, corruption and non working systems of state only punish the poor, the very people who everyone is yelling to assist. Words mean zero deeds are what is require, the so called capitalist system is delivering billions of rands that the ‘socialist’side of the economy just needs to use productively for education, health, crime prevention etc for those poor to start lifting themselves out of the hole they are in, it is the only way they will ever get out

    Cheers

    January 29, 2008 at 2:04 pm
  9. HD #

    SA’s standing is not only reduced by the antics “at home”. SA’s voting record at the UN is a paragon of support for human rights abuses, a littany of racism and a general obliviousness to morality. It can’t even be excused on the grounds of expediency or “realism” – it is pure evil.

    A book should perhaps not be judged by its cover – i.e. the external need not necessarily reflect the internal – but I have yet to see a comic book bound in leather.

    January 29, 2008 at 2:14 pm
  10. its always nice to be a South African. i will say its not when i feel intimidated when raising my independed opinion. nice article. this is true practice of Freedom of Speech because it aims a no subjectivity but based on balanced thinking.

    January 29, 2008 at 2:23 pm
  11. MFB #

    Look, we may have been left with bad leaders in the ANC. A lot of them are certainly crooks and others are plainly windbags. Since the media has known this for years, but kindly refrained from pointing this out, presumably your motto was “Throw the crooks and windbags IN!”.

    However, we simply don’t know whether the current ANC leadership will be tremendously bad in government. At the moment they are making silly comments about the law, but the only dubious action they have taken has been the plan to disband the Scorpions — which, unfortunately, is not something which was invented by Zuma, but was recommended before he came in.

    We should be intelligently critical of the ANC’s new leadership, but not foolishly terrified, like this article, or boot-lickingly overoptimistic like Anthony Butler.

    January 29, 2008 at 2:54 pm
  12. Sam #

    Ferial,
    I am one of those who are awed by your journalistic expertise and that of the M&G. However, I was a bit uncomfortable with the use of the word “arse” in the first paragraph. This is a British vulgar slang that refers to a person’s anus or buttocks.

    For a respected journalist and indeed a quality paper like yours, surely you could have found a better word to refer to the same “thing.” Otherwise as you say, “We lower our standing still further when we repeat…” I dare add, below-the-belt vulgaries in a public space!

    January 29, 2008 at 3:16 pm
  13. sk #

    History will not ubsolve us is a crab and ill informed journalistic. The masses of the people will vote ANC, finsh and klaar, if you do not believe that, we will leave you there

    January 29, 2008 at 3:29 pm
  14. I am tend to agree with you,they must all be brought to book! But i keep thinking…it is becoming obvious that 70-80% of top ANC leadership has been tainted by the arms deal, we also know that politicians will never relinquish power but will try to avoid such a situation arising (further bribery, protect each other more,intimidation of the accusers, even killing witnesses, destroying the NPA before it stings etc).Which one is the lesser of the two evils? Do we prosecute them anyhow or should we rather step back and for the sake of stability give them amnesty and ensure that they do not serve in government ever more. Both options have negatives in the end, but which negatives are we ready to live with?

    January 29, 2008 at 3:47 pm
  15. Don #

    Many say JZ is the most charismatic leader we’ve had.

    We’ve exchanged a complex, shy, intellectual and deeply conflicted natty little statesman (in TM) for a brash Borat-like swash buckler, who is unashamedly retro-Zulu and is often agonisingly cringeworthy. His medieval mindset is bound to cause confusion and derision amongst world leaders, even if he got off lightly (with kudu’s) at Davos. Tribalism is clearly responsible for many of the worst recent conflicts in Africa, so many will be justifiably concerned

    I do question one of his recent rituals. At the Nakandla jol, he was photographed squatting with the clan, drinking sorghum beer from a used Plascon PVA 5 litre can – Surely someone could at least divvy up a decent gourd?

    Are we to become the pooepol (polite word for arse in SA) Kazakhstan of Africa – Goodnight and goodluck to the rainbow nation

    January 29, 2008 at 5:02 pm
  16. Colin #

    “For evil to succeed it is sufficient that good folks do nothing”

    When it came to succeeding Mbeki all the ‘leaders’ in the ANC sat on their Rs’s and cringed; only Zuma, possibly because he was “lucky” enough to be already de-cronied, had the guts to campaign publicly. The reports on growth/shrinkage in ANC membership by regions also indicate that JZ & his manne were busy organising at the grassroots level. Not only did membership grow in rural JZ areas but the complacent Mbekistas couldn’t even organise their branches: if Free State and Gauteng werent in disarray, it is possible that “his” delegates would have outnumbered Zuma’s.

    What I don’t get is why those outside the ANC (I, too am not a member) are making such a fuss about Zuma’s policies: every second article on the clash & its aftermath indicates “the ANC is a collective”; the prez has to carry out the ANC’s decisions, etc.

    By now it is obvious that Mbeki, the great economist, has cocked up the country in terms of under-spending (negligence) on roads, railways, schools, hospitals, electricity, water, police, defence (no, not that), ports, courts, prisons, housing, environment, urban renewal,… have I left anything out?

    As to Zuma’s zip-control, well Clinton screwed the girl while Bush screwed the country and the world (think budget deficits and Iraq).

    As to JZ’s human rights and foreign policies: could it possibly be much worse than Mbeki’s. At least Zuma has been busy talking to international investors, etc and criticised what’s happening in Kenya. Surely that indicates that he’s less in denial than TM?

    For me the most worrying thing is not that JZ will do more for the have-nots [would that he could]; but when “they” find he hasn’t (and I believe the problem is too big for any mortal human) the disappointment could propel a real populist into power. Remember, revolutions often have moderates (Karensky, Muzarewa) who are brushed aside by the serious dictators. Did you notice Winnie is #1 on the NEC list? Maybe she’ll use matches to light candles during load-shedding.

    January 29, 2008 at 6:27 pm
  17. Marcus #

    Excellent article Ferial.

    @Sam: I could be wrong, but I maybe the intention of Ferial’s use of the word “arse” was to indicate contempt?

    @sk: uh… what?

    But if I’ve managed to decode sk’s poorly expressed comment correctly, then he’s absolutely right. Tho there’s need to threaten (which is what I think he was doing).

    Threatening someone because their thoughts differ from yours is completely unconstitutional and goes against all the tenets of the concept of free speech, and is one of the reasons that Zimbabwe and now Kenya are in the state they’re in. It shows a singular lack of consideration for other people, another reason we have tin-pot dictators and a small BEE-enriched elite. But I digress…

    They’ll vote ANC because that’s what they’ve always voted for. As far as they are concerned, there is no one else. All that will happen before the election will be the usual intimidation and lies about free stuff coming their way if they just vote with their hearts and not their heads. The local indunas will all get new beemers and extensions to their houses, and nothing will change. And the people will be left there, as sk has threatened.

    January 29, 2008 at 6:38 pm
  18. Ndabenhle Mabhena #

    Ferial
    I am persuaded to straight to the point , via bullet points for that.However , I will ask a number of questions but before I do that I will give a ‘premise’.

    When you took over at M&G there were a lot of cries that there were better editors to take over the mentle at M&G because your paper was viewed as strategic.However , Trevor Ncube believed in your abilities as an editor , not you being woman as certain supporters of yours alluded to.ANC have elected Jacob Zuma as their leader and there is a lot of anti-Zuma sentiment from certain quarters.But ANC did elect Jacob Zuma anyway.

    The corruption charges against Jacob Zuma were investigated for the first time in 1999 and Jacob Zuma was only charged about 6 years later.Because the Scorpions and NPA couldnt come up with charges that will stick the charges were thrown out of the court roll.If you do not want to acknowledge that Jacob Zuma as a South African citizen deserves to be treated better than that I cease to want to engage with you in this discourse.

    Jacob Zuma in my view deserves to be treated fairly at law, whether Ferial you believe in the philosophy of someone being innocent until proven guilty ,that is your business becase in South Africa and indeed under both Roman Dutch law and English law it is the case.Every citizen is entitled to a fair trial which in this case Jacob Zuma is not being accorded.

    You may go ahead and ridicule Zuma for taking part in Zulu rites but if you are civilised you will know that we are not willing to sink that low and castigate your Indian rituals.Ferial you must acknowledge that South Africa is one of the many cosmopoliatan countries in the world and indeed the world is increasingly geting more and more cosmopolitan.Therefore individual rights to assembly , speech , culuture e.t.c. must be respected and Zuma deserves that respect.I am Zulu but I believe in a monogamous relationships but for those that wish to still practice poligamy they should go ahead,I have no qualms!

    I have said in the past both Sunday Times and M&G have been burnt on ensuring that Jacob Zuma does not become ANC president even during voting in Polokwane was underway and it was clear Thabo Mbeki would lose.If there is anything you had resembling profesionalism or journalism ethics, you lost it in your fight against Zuma.

    I have been blessed in my life because I am a child of the struggle and have lived in many countries , some with dictatorships.I have seen a lot of elements that take advantage of the situation and becoming mercenaries,and you resonate in that category.

    Calls that Jacob Zuma is not fit to run SA are so misplace.I will take a leaf from the biggest democracy i.e. USA.President Bush and his deputy were accused of waging the war in Iraq because they had contracts in Iraq.No competent court or body found them guilty hence they are still in office.

    After all has been said and done there are two things that have happened and will happen;
    1.Thabo Mbeki , your hero or buddy or sponsor , is no longer the ANC president.
    2.Jacob Zuma is the ANC president and is the president in waiting should ANC win 2009 general elections.
    3.The Scorpions unit, which was created by the ANC , will be abolished and absorbed into SAPS by June 2008.

    I am certain that you are going to start fighting that ANC loses 2009 elections so that Zuma will not become South African president.Your best bet is to go back to India.I think people like you bring the worst out of firebrand You League and COSATU.Afterall you didnt tell these people to rise against apartheid but it is the same ANC members that voted for Zuma that rose against apartheid.

    January 30, 2008 at 12:53 pm
  19. goolam_d #

    I had not idea that being innocent until proven guilty was a legal argument and not an ethical one. I also thought that well run democracies in any organisation, ANC or otherwise, were inherently good.

    January 30, 2008 at 8:09 pm
  20. Peter #

    JZ has often claimed that he ‘wants his day in court’. Yet, his legal team uses every legal wriggle in the book to avoid that day in court. They, not the Scorpions and the NPA who are responsible for the delays.

    Perhaps they are hoping that the delays will outlast the Scorpions. The ANC wants to close down the Scorpions. Could the ANC please explain how alleged crooks like Selebi could be pursued by police reporting to such crooks? Or is that the point? That they don’t want people like JZ and Selebi and other friends caught?

    February 2, 2008 at 5:55 pm
  21. Whatever we South Aricans think of Zuma, the international community of investors are not impressed. Our rand is falling, as is our property market, and oil prices are hitting us badly because of the falling rand to the dollar,itself low. Our balance of payments is worsening fast. This is not just Zuma. It is also our support of Zimbabwe, our bad record on trade negotiations with the EU, our voting in the UN against human rights,the ANC support for the criminal element undermining the Scorpions, and the Eskom crisis. The global community no longer believes in us. We have squandered the Mandela legacy.

    March 8, 2008 at 9:43 pm
  22. Ferial

    It is time for a new post. I listen to you often on “The Editors” and it is irritating not to be able to respond!

    July 8, 2008 at 2:19 pm
  23. Your article in M & G was the only thing worth reading in this weekend’s papers. I am as depressed as you about our servile women.

    Please post it.

    August 10, 2008 at 6:45 pm
  24. Ferial

    I listened to you on the personality profile after The Editors slot on SAFM. They caught you with those interviews with your staff did they not?

    Keep it up – we need female role models.

    I just wish someone would persuade SAFM to slot this programme at at time when most of SA is not in church!

    August 17, 2008 at 10:49 am

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