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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

Legal elite tackle thorny issue of corruption

2013-01-24

Our Faculty of Law brought together top experts and judges for a Symposium on Corruption, to investigate one of the most pressing concerns of South Africans.
Photo: Stephen Collett
24 January 2013

YouTube Video

Chief Justice Mogoeng Mogoeng yesterday (24 January 2013) concluded the proceedings of the first day of the International Symposium on Corruption, hosted by the Faculty of Law of the University of the Free State (UFS). In his address Justice Mogoeng made no excuses as to the magnitude of the threat corruption presents to South African citizens.

“Urgent action and efficient measures are called for to arrest this scourge, for the sake of our constitutional democracy,” he warned. “Our vibrant constitutional democracy will not and cannot survive in the face of rampant corruption.”

Justice Mogoeng said the spate of civil and labour unrest erupting throughout the country can be attributed to corruption. According to him the scope and far-reaching implications of corruption drives South Africans to “boiling point” and evokes “anger, frustration and a don’t-care-attitude that often manifests in widespread protest actions” and disrespect for the rule of law.

“South Africans, irrespective of race or creed, must identify and focus on their common enemies and find a conciliatory and unifying way of dealing with what divides them, including the lingering prejudices of the past,” Justice Mogoeng urged.

Despite the threat corruption poses, he stressed that all South Africans have a role to play in the fight against corruption and that there are different role players that can become involved in the process. Especially important is the media and faith-based agencies which, according to Justice Mogoeng, can regenerate morals and secure a “national moral code.” The State must further ensure enforcement of anti-corruption measures and preside over the selection of individuals of “solid character” to reside in agencies meant to fight corruption.

He highlighted the need for an unbiased and independent judiciary, one immune to outside influences controlled by powerful forces, as well as personal agendas.

Although Justice Mogoeng believes that the private sector is most guilty of transgressions based on corruption, he stated that a “well-coordinated war” against it must be waged in all sectors in order to stamp it out.

Justice Mogoeng presided over the unveiling of the redesigned foyer of the CR Swart Building and praised the Faculty of Law for its innovation with regard to the symposium.

“I look forward with great optimism to more well-organised symposiums that strike at the nerve-centre of the well-being of our constitutional democracy,” he concluded.

Symposium seeks answers and solutions

The Faculty of Law at the University of the Free State (UFS) concluded its International Symposium on Corruption on Friday 25 January 2013. The event featured a stellar cast of speakers, including the Chief Justice of South Africa, three current Supreme Court of Appeal judges, high-court judges, advocates, prosecutors, journalists, as well as local and international legal academics.

Throughout the two-day symposium, corruption was dissected as a severe problem in the South African socio-economic landscape and solutions were sought to alleviate the pressing concern.

The main attractions of the symposium were undoubtedly the attendance and presentations delivered by Chief Justice Mogoeng Mogoeng, as well as Prof. Leon Wessels. Prof. Wessels was described as “one of the founding fathers of the constitution of South Africa” by Judge Fritz Brand, a current Appeal Court judge and the third-longest serving judge in the country.

“Corruption is stealing the constitutional dream of this country. Corrupt leaders are fearless, those who expose corruption, are fearful,” Prof. Wessels warned.

Judge Brand closely trails the second longest serving judge in the country in former Kovsie, as well as former UFS Council Chairman, Judge Faan Hancke. Both judges addressed the symposium and chaired sessions, along with Prof. Johan Henning, Dean of the Faculty of Law, and Judge Ian van der Merwe, Chairman of the UFS Council.

It was, however, not all doom and gloom, as several of the speakers offered tangible ideas in what was often termed the “war on corruption”. Celebrated Sunday Times journalist Mzilikazi wa Afrika who has been arrested following the police leasing scandal which he exposed, urged South Africans to stand together in their fight against corruption, before it is too late.

People on the front lines in the day to day fight against corruption also spoke at the symposium, giving the audience a better understanding of the intricacies and challenges involved in the process. The Head of the National Prosecuting Authority’s Asset Forfeiture Unit, Mr Willie Hofmeyer, as well as Advocate Xolisile Khanyile, who is the Director of Public Prosecutions in the Free State, elucidated this struggle.

The symposium also hosted Prof. Chizu Makajima, a celebrated academic from the United Kingdom.

The two-day symposium ended in style as the delegates gathered in the Centenary Hall on the Bloemfontein Campus for lunch, with a further address by Prof. Leon Wessels

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