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The Nkandla drama: From tea parties to threats to constitutionalism

06 July 2021 | Story Prof Sethulego Matebesi | Photo Sonia Small (Kaleidoscope Stuidos)

Dr Matebesi_web latest news — Prof Sethulego Matebesi is an Associate Professor at the Department of Sociology at the University of the Free State.

Opinion article by Prof Sethulego Matebesi, Associate Professor at the Department of Sociology, University of the Free State

More than two centuries ago, Patrick Henry of the Boston Tea Party noted, “Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? … give me liberty or give me death.”

This statement resonates with the current political theatre set up in Nkandla near the homestead of former President Jacob Zuma. In attendance are many Zuma loyalists of all walks of life. For these Zuma loyalists, their presence at Nkandla symbolises their unparalleled love for their leader, whom they regard as a champion of the poor and the needy. But at the same time, I reckon they want to convey a bold message of their understanding of an expansive idea of what democracy and justice entail.

Notwithstanding this, democracy delivered Donald Trump to America and Zuma to South Africa. But, as intriguing as the contributions of many South African commentators who have compared the two former presidents, one thing is clear: they had all the power to the right things but failed.

The recent sentencing of Zuma by the Constitutional Court for contempt in defying its order to appear before the Judicial Commission of Inquiry into Allegations of State Capture, has created widespread anxiety. Some described this as a resounding affirmation of the independence of the judiciary and the rule of law. Along with this affirmation, so it is believed, is the possibility of solidifying political renewal. For the ardent Zuma supporters, however, the judgement represents a dangerous moment and a threat to the values of South African democracy.

Ascendance to the political stage

Undoubtedly, the sentencing of Zuma resurrects an ancient metaphor that life is like a never-ending play in which people are actors. Accordingly, democracy thrust Mr Zuma as the lead actor onto the stage of politics in South Africa in 2009. Of course, there had been several doubts about Zuma’s credibility, long before his ascendance to political power. But we live in a liberal era in which an extensive political background hardly matters anymore. However, history would later suggest that we have erred.

Since becoming President of South Africa, many euphemisms have been used to describe the leadership of Zuma. One of the most scathing euphemisms came from President Cyril Ramaphosa and Finance Minister Tito Mboweni’s reference to the Jacob Zuma presidency as nine wasted years. Similarly, taking a look at history, one wonders who of the twelve former presidents of the ANC shaped Zuma’s notions of power and political identity. Could it be that he embodies the spirit of the founders of the ANC, such as, for example, Josiah Gumede, John Dube, Oliver Tambo, or Sol Plaatje?

Some co-actors in the Nkandla play may mumble that Zuma’s sin is that he is a courageous leader who was not afraid to take risks in facing and dealing with the country’s challenges. For them, Zuma has been able – thus far – to successfully challenge the hegemony of the judiciary and the problems arising from rent-seeking legacies and patronage within the apartheid system that is now blamed on their leader. Such praise comes despite some viewing it as a political tenure that eschewed good governance and financial prudence principles.

A theatre script that went horribly wrong

A conclusion about the play’s primary character is that he has continued – from a supporter’s perspective – to depict the vulgarity of the judiciary in threatening democracy in the country. A root problem with the primary character is the intensity of commitment observed each time he displays his visceral hatred for the judiciary yet performs erratically and confusing when he explains why he did not use the opportunity to state his case. Instead, using his trademark of indiscernible pride, Zuma and his supporters are drawing hysterical comparisons between his sentencing and how the apartheid government was pardoned.

In essence, none of this is surprising. The convergence at Nkandla is symptomatic of an aggrieved group seeking to fight back and exorcising themselves of the destructive spirit of the ANC’s Nasrec elections in 2017. These are acts of delusion – the inevitable result of a political theatre script gone horribly wrong.

The acid test for the health and vitality of democratic institutions

There have been deliberate attempts by the ruling elite in Africa to narrow the judiciary’s scope since the advent of the third wave of democratisation on the continent. As a result, the euphoria that sees South Africa as a beacon of entrenched constitutionalism in the Southern African region, is waning at an alarming rate. Even more disturbing is the disregard for the rule of law by the political elite, which can manifest itself at different societal levels.

One of the pathways to the current crisis has been the profoundly divisive factional battles of the ANC. The factional is the longer-term context in which the judiciary must affirm its centrality in providing appropriate enforcement mechanisms for constitutionalism. However, any form of back-door concessions for the political elite will be misguided and reckless. South Africans should never again proceed down the road of ideological politicking at the expense of constitutional supremacy. Such a path dissipates the rights of the people.

News Archive

UFS breakthrough on SRC

2005-06-10

The Council of the University of the Free State (UFS) today unanimously approved the establishment of a Central Student Representative Council (CSRC) to ensure the democratic participation of students at its three campuses in the governance of the university.

In a major breakthrough and transformation step for student governance, the Central SRC will include representatives of the main campus in Bloemfontein, the Vista campus and the Qwaqwa campus of the UFS.

The establishment of the Central SRC follows the incorporation of the Qwaqwa campus into the UFS in January 2003 and the incorporation of the Vista campus in Bloemfontein into the UFS in January 2004.

According to Dr Ezekiel Moraka, Vice-Rector: Student Affairs, today’s decision of Council is the result of a lengthy, negotiated agreement between the three campuses. Independent experts facilitated part of the process.

With the establishment of a Central SRC, the UFS has adopted a federal student governance model whereby the CSRC is the highest representative student body on matters of common concern for all students.

However, the three campuses of the UFS will retain autonomous SRC structures for each campus with powers and responsibilities for matters affecting the particular campus.

This arrangement will be reviewed after a year to make allowance for the phasing out of students at the Vista campus, as was agreed in the negotiations preceding the incorporation of that campus into the UFS.

The central SRC will have a maximum of 12 members made up of members of the campus SRCs, including the presidents of these three SRCs. In total, the main campus will have 5 representatives, the Qwaqwa campus will have 4 representatives and the Vista campus will have 3 representatives.

From these 12 members a central SRC president will be chosen on a quarterly basis to represent the general student body at Executive Management, Senate and Council.

In another key decision and significant step forward affecting student governance, the Council also approved amendments the constitution of the Student Representative Council (SRC) of the main campus. These amendments were the results of deliberations of student organizations, the SRC and the Student Parliament of the UFS main campus.

The amendments to the constitution of the main campus SRC determines that nine of the 18 SRC members must be elected by means of proportional representation and nine on the basis of an individual, first-past-the-post election.

This decision comes in the wake of calls by certain student organizations on main campus for proportional representation to be included as a means of electing student representatives.

The following portfolios of the main campus SRC will be contested by individual candidates on the basis of first past the post:

president
secretary
academic affairs
legal and constitutional affairs
student development
arts and culture
men’s internal liaison
ladies internal liaison
media, marketing and liaison

The following nine portfolios will be contested by affiliated organizations on a proportional representation basis.

two vice-presidents
treasurerdialogue and associations
transformation
campus affairs and recreation
sport
international affairs
community service

It also is a breakthrough to have all constitutional changes processed and approved at the June meeting of the Council, with all relevant student organizations having been part of the process and accepting the outcome of the process.

According to the chairperson of the UFS Council, Judge Faan Hancke, today’s unanimous decisions on student governance are an indication of how all UFS stakeholders represented in Council are committed to finding win-win solutions in the interest of the university.

“Once again the UFS has reached another milestone in its transformation and has shown the rest of the country that we are pioneers in the field of reaching intelligent solutions to complex situations,” Judge Hancke said.

According to Dr Moraka, the central SRC constitution will come into effect from the start of the second semester this year.

MEDIA RELEASE

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

10 June 2005

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