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10 March 2021 | Story Prof Sethulego Matebesi | Photo Supplied
Dr Sethulego Matebesi
Prof Sethulego Matebesi is a Senior Lecturer and Academic Head of the Department of Sociology at the University of the Free State.

No South African will deny that the most criticised Chapter Nine institution in recent times has been the Public Protector, Busisiwe Mkhwebane.

Five years ago, the National Assembly endorsed Advocate Mkhwebane’s candidacy as the fourth Public Protector with an overwhelming majority vote in 2016. Since then, a litany of adverse court rulings created a seesaw effect between those who support her and those who vehemently oppose her continuation as Public Protector. This rift is likely to widen after an independent panel appointed by Parliament recently concluded that there is prima facie evidence of repeated incompetence and misconduct. 

Still a long way before the Public Protector can be impeached

Of great concern is that the Public Protector failed in her attempts to obtain a court interdict to halt the inquiry into her fitness to hold office, pending her challenge of the rules that the National Assembly adopted for the impeachment process.

It is still a long way before the Public Protector can be impeached. In this regard, it is not the aim of this contribution to rehash the events leading up to the findings of the preliminary inquiry. The purpose here is to answer a question being asked about how the ANC will respond to the impeachment of the Public Protector.

One can use two critical points as prisms to understand the likely scenario that will play out: the history of voting in Parliament and the political currency of the Radical Economic Transformation (RET) faction inside the ANC.

For most of our history, voting in Parliament since the dawn of democracy has been – as can be expected – along party lines. Even when deviation occurred, this was extremely low. A safe bet is that this voting pattern will persist because of MPs' strong inclination to conformity.

What is less predictable, is just how the whippery of the ANC will respond to the possibility of voting for or against the removal of the Public Protector. Elsewhere in the world, legislators are allowed to vote according to their conscience, rather than their party's official line on contentious issues.

The PP's future depends on the ravenous political trade-offs between two ANC factions

Outside of Parliament, the ANC's RET faction has been encouraged by the actions of the party's Secretary-General and the former president. They are aptly using the political currency of victimhood to their advantage. The longer the court cases of Ace Magashule and Jacob Zuma drag on, the more political currency they gain in support of the ANC's RET faction. With so many party members facing legal challenges, some of them are inevitably drawn to conspiracies. The political behaviour fostered by this group is an antithesis of constitutional democracy. This has turned into a power conundrum for the ANC, which has exploded over the past two years.

Ironically, the Public Protector's future depends on the ravenous political trade-offs between the two factions within the ANC. Like a swinging pendulum, her support is tilted mainly by those who trust and distrust her. These differences are not part of the normal give-and-take dynamics of politics. It is an outcome of politicians whose future depends entirely on their fightback strategy. Why then would an ANC MP who is sympathetic to the cause of the RET forces vote for the removal of the Public Protector? 

In hindsight, this seems to be an eminently sensible general analysis of the issue. However, this analysis may be highly untenable in the eyes of an ANC MP. That the motion to remove the Public Protector came from the DA further compounds this situation.

But what is absurd and difficult to explain is the legal counsel of the Public Protector's argument that the DA has a vendetta against her and National Speaker Thandi Modise's questionable attitude. This is the narrative that some ANC MPs will advance to vote against the DA's motion and not protect constitutional democracy in South Africa. 

Meanwhile, the pendulum of trust and distrust in the Public Protector keeps on swinging. But if we think the only solution to deal with the myriad and severe challenges faced by the Public Protector is her removal by Parliament, our wait for a solution will be much longer.

Opinion article by Prof Sethulego Matebesi, Senior Lecturer and Academic Head of the Department of Sociology, University of the Free State

 


News Archive

Media: ANC can learn a lesson from Moshoeshoe
2006-05-20


27/05/2006 20:32 - (SA) 
ANC can learn a lesson from Moshoeshoe
ON 2004, the University of the Free State turned 100 years old. As part of its centenary celebrations, the idea of the Moshoeshoe Memorial Lecture was mooted as part of another idea: to promote the study of the meaning of Moshoeshoe.

This lecture comes at a critical point in South Africa's still-new democracy. There are indications that the value of public engagement that Moshoeshoe prized highly through his lipitso [community gatherings], and now also a prized feature in our democracy, may be under serious threat. It is for this reason that I would like to dedicate this lecture to all those in our country and elsewhere who daily or weekly, or however frequently, have had the courage to express their considered opinions on pressing matters facing our society. They may be columnists, editors, commentators, artists of all kinds, academics and writers of letters to the editor, non-violent protesters with their placards and cartoonists who put a mirror in front of our eyes.

There is a remarkable story of how Moshoeshoe dealt with Mzilikazi, the aggressor who attacked Thaba Bosiu and failed. So when Mzilikazi retreated from Thaba Bosiu with a bruised ego after failing to take over the mountain, Moshoeshoe, in an unexpected turn of events, sent him cattle to return home bruised but grateful for the generosity of a victorious target of his aggression. At least he would not starve along the way. It was a devastating act of magnanimity which signalled a phenomenal role change.

"If only you had asked," Moshoeshoe seemed to be saying, "I could have given you some cattle. Have them anyway."

It was impossible for Mzilikazi not to have felt ashamed. At the same time, he could still present himself to his people as one who was so feared that even in defeat he was given cattle. At any rate, he never returned.

I look at our situation in South Africa and find that the wisdom of Moshoeshoe's method produced one of the defining moments that led to South Africa's momentous transition to democracy. Part of Nelson Mandela's legacy is precisely this: what I have called counter-intuitive leadership and the immense possibilities it offers for re-imagining whole societies.

A number of events in the past 12 months have made me wonder whether we are faced with a new situation that may have arisen. An increasing number of highly intelligent, sensitive and highly committed South Africans across the class, racial and cultural spectrum confess to feeling uncertain and vulnerable as never before since 1994. When indomitable optimists confess to having a sense of things unhinging, the misery of anxiety spreads. It must have something to do with an accumulation of events that convey the sense of impending implosion. It is the sense that events are spiralling out of control and no one among the leadership of the country seems to have a handle on things.

I should mention the one event that has dominated the national scene continuously for many months now. It is, of course, the trying events around the recent trial and acquittal of Jacob Zuma. The aftermath continues to dominate the news and public discourse. What, really, have we learnt or are learning from it all? It is probably too early to tell. Yet the drama seems far from over, promising to keep us all without relief, and in a state of anguish. It seems poised to reveal more faultlines in our national life than answers and solutions.

We need a mechanism that will affirm the different positions of the contestants validating their honesty in a way that will give the public confidence that real solutions are possible. It is this kind of openness, which never comes easily, that leads to breakthrough solutions, of the kind Moshoeshoe's wisdom symbolises.

Who will take this courageous step? What is clear is that a complex democracy like South Africa's cannot survive a single authority. Only multiple authorities within a constitutional framework have a real chance. I want to press this matter further.

Could it be that part of the problem is that we are unable to deal with the notion of "opposition". We are horrified that any of us could become "the opposition". In reality, it is time we began to anticipate the arrival of a moment when there was no longer a single [overwhelmingly] dominant political force as is currently the case. Such is the course of change. The measure of the maturity of the current political environment will be in how it can create conditions that anticipate that moment rather than ones that seek to prevent it. This is the formidable challenge of a popular post-apartheid political movement.

Can it conceptually anticipate a future when it is no longer overwhelmingly in control, in the form in which it currently is and resist, counter-intuitively, the temptation to prevent such an eventuality? Successfully resisting such an option would enable its current vision and its ultimate legacy to our country to manifest itself in different articulations of itself, which then contend for social influence.

In this way, the vision never really dies, it simply evolves into higher, more complex forms of itself. If the resulting versions are what is called "the opposition" that should not be such a bad thing - unless we want to invent another name for it. The image of flying ants going off to start other similar settlements is not so inappropriate.

I do not wish to suggest that the nuptial flights of the alliance partners are about to occur: only that it is a mark of leadership foresight to anticipate them conceptually. Any political movement that has visions of itself as a perpetual entity should look at the compelling evidence of history. Few have survived those defining moments when they should have been more elastic, and that because they were not, did not live to see the next day.

I believe we may have reached a moment not fundamentally different from the sobering, yet uplifting and vision-making, nation-building realities that led to Kempton Park in the early 1990s. The difference between then and now is that the black majority is not facing white compatriots across the negotiating table. Rather, it is facing itself: perhaps really for the first time since 1994. It is not a time for repeating old platitudes. Could we apply to ourselves the same degree of inventiveness and rigorous negotiation we displayed up to the adoption or our Constitution?

Morena Moshoeshoe faced similarly formative challenges. He seems to have been a great listener. No problem was too insignificant that it could not be addressed. He seems to have networked actively across the spectrum of society. He seems to have kept a close eye on the world beyond Lesotho, forming strong friendships and alliances, weighing his options constantly. He seems to have had patience and forbearance. He had tons of data before him before he could propose the unexpected. He tells us across the years that moments of renewal demand no less.

  • This is an editied version of the inaugural Moshoeshoe Memorial Lecture presented by Univeristy of Cape Town vice-chancellor Professor Ndebele at the University of the Free State on Thursday. Perspectives on Leadership Challenges In South Africa

 

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