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16 October 2020 | Story Andre Damons | Photo Supplied
Prof Thuli Madonsela; Mr Moeletsi Mbeki; Prof Philippe Burger; and Prof Bonang Mohale, were the panellists on Thursdays during the third discussion in the 2020 University of the Free State (UFS) Thought-Leader Webinar Series.

South Africa should not wait until corrupt leaders have been found guilty in a criminal court, they should be removed from power because they are unethical. This is what the constitution says. 

This is according to Prof Thuli Madonsela, Law Trust Chair in Social Justice at Stellenbosch University and one of Thursday’s (15 October 2020) panellist during the third discussion in the 2020 University of the Free State (UFS) Thought-Leader Webinar Series, themed 'Post-COVID-19, Post-Crisis', which focused on politics in South Africa.

The other panellists included Mr Moeletsi Mbeki, Deputy Chairman of the South African Institute of International Affairs, Prof Philippe Burger, UFS Pro-Vice-Chancellor: Poverty, Inequality and Economic Development, and Prof Bonang Mohale, Chairman: Bidvest Group and Chancellor of the UFS.

Social justice is important

According to Prof Madonsela, social justice is important if South Africa wants to make progress regarding corruption. The corrupt are now mobilising the very people from whom they have stolen to support them. They are using the fact that good governance is not affecting the poor or disrupting inequality, and they are even the scapegoats for good governance cementing the inequality of the past, she said.

“If we want South Africa to do better using the opportunities presented by COVID-19, we will have to do better on three fronts: social justice, ethical governance, and rule of law. We have to stop saying that we are going to deal with people and remove them from power once they have been found guilty in a criminal court.” 

“We have to remove them when they are unethical, because that’s what the constitution says.  When it comes to the rule of law, we have to make sure that we adapt our law to the challenges of the times so that people don’t get away on technicalities. Above all, we must use social justice as a means of growing as a country, as a people, to achieve sustainable development,” said Prof Madonsela.

We replaced the good guys with the bad

Prof Mohale said a bigger issue that South Africans are confronted with today, is that we have been warned about this by other African compatriots – we have been warned that the ruling ANC will do what other ruling parties have done in other African countries. 

“South Africa needs a viable opposition to keep the good guys in check. We made our own mistakes as South Africans and we assumed that because our leaders spent years on Robben Island, they were incorruptible, that they will make good leaders. We also thought that we could extrapolate their skills into running a modern, rapidly growing, globalising economy.”

“What is being revealed in the Zondo Commission shows not only a high level of incompetence, industrial scale looting, but that we have actually replaced the good guys with the bad guys,” said Prof Mohale.

According to him, we will only start believing that this government is serious when the state capture miscreants are sent to jail and when the country embarks on a much-needed systemic, deep structural reform, coupled with reducing the public sector wage bill. We need to continue to focus on not fixing the SOEs. 

“If we don’t grow the economy, we will talk about redistribution of poverty and not redistribution of wealth. We need to create jobs in large numbers.”

Mr Mbeki said COVID-19 reduced the resources that are already scarce. “That is where the crisis comes in. COVID-19 reduces the resources and it creates a crisis within the coalition, because now all of a sudden they have fewer resources, they didn’t have time to adjust how they are going to distribute this resources among themselves, let alone among the broader society.”

Investments needed

According to Prof Burger, urban growth is set to increase by 2035, which will lead to a need for investment in the growth and development of urban areas. The growth plan must be green, with plans for urban infrastructure to contain the growing urban population.

“The question is who will finance it – government cannot finance it due to the huge wage bill which it needs to cut. If government cannot finance it, then there will be the need for private investment – for this to occur, the growth plan needs to be specific.” 

“There is also the increasing need for investment; private sector investment must increase, the growth plan must include details of how stumbling blocks facing the country will be removed, and more details are needed on who will do what, by when, and at what cost.”


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News Archive

CR Swart Memorial Lecture: Mr Cecil le Fleur
2006-08-08

Khoe and San call for government to speed up policy dialogue with indigenous communities  

 Mr Cecil le Fleur, leader of the National Khoe-San Consultative Conference and member of the executive management of the National Khoe-San Council, has called for a national policy on indigenous peoples to protect the human rights and special needs of indigenous people in South Africa.

 Mr Le Fleur delivered the 38th CR Swart Memorial Lecture on the Khoe and San at the University of the Free State (UFS).  He commended the UFS for its serious approach to the Khoe and San and for initiating initiatives such as a research project on the Griqua in which various aspects linked to language, -culture, -history, - leadership, their role in the South African community (past and present) and the conservation of their historical cultural heritages will be covered.   

 “The policy dialogue with indigenous communities initiated by government in 1999 and supported by the International Labour Organisation (ILO), has been exceedingly slow, owing to political and bureaucratic problems,” said Mr Le Fleur.

 According to Mr Le Fleur the slow pace is also impacting negatively on the United Nations’ efforts to expand the international standards and mechanisms for human rights so as to include the special needs of indigenous peoples.

 “The successful adoption of a South African policy would probably have a major impact on the human rights culture of Africa and, more specifically, on the UN system,” he said.

 “South Africa has a powerful moral authority internationally and is willing to use this authority in multilateral forums. At this stage, however, South Africa’s Department of Foreign Affairs (DFA) may not take an official position on UN instruments and declarations pertaining to indigenous issues, until the Cabinet has resolved its own domestic policy position,” he said. 

 According to Mr le Fleur it therefore came as a great surprise when the DFA brought out a positive vote in the UN for the adoption of the "Draft Declaration on the Rights of indigenous Peoples" in June this year, even before the completion of the policy process. 

 Policy consolidation in South Africa is the primary key to creating a new policy climate in Africa in order to protect the rights of indigenous peoples.  “The existing constitution of the Republic of South Africa is one of the most liberal on the continent, and embraces the concept of redress of past discrimination.  It already includes a clause (Section 6) making provision for the protection of language rights for Khoe and San peoples - the fist peoples of southern Africa,” he said. 

 “If South Africa can effectively integrate this ‘third generation’ of collective rights within an existing democratic constitution, this will send a clear message to Africa and the world that indigenous rights are a necessary component of human and civil rights in modern democracies,” he said.

 Mr Le Fleur proposed an institutional framework based on set principles that would satisfy the needs and aspirations of the Griqua and other first indigenous peoples in South Africa.  “The proposed framework was based on the notion of vulnerability as a result of colonialism and apartheid, which stripped us of our indigenous identity, cultural identity and pride as people.  This injustice can hardly be addressed within the existing mechanisms provided by the current text of the Constitution,” he said.

 Mr Le Fleur also proposed that the principles of unique first-nation status, as recognised in international law, should be applied in the construction of the framework of the constitutional accommodation for the Khoe and San. 

 Mr Le Fleur further proposed that the Khoe and San’s indigenous status in constitutional terms must be separate from the constitutional acknowledgement of their status as a cultural community, as envisaged in sections 185 and 186 of the Constitution of 1996.

 According to Mr Le Fleur, the suggested mechanism should make provision for structures such as:

  •  A statutory representative council for First Indigenous Peoples of South Africa at a national level;
  • a separate Joint Standing Committee on Indigenous and Traditional Affairs, in both the National Assembly and the National Council of Provinces on which the Khoe and San can be represented;
  • a representative structure for the Khoe and San in the legislature of each relevant province; and
  • ex officio membership in the relevant structures of local government.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za 
24 August 2006


- Full lecture
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