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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: Sunday Times
2006-05-20

Sunday Times, 4 June 2006

True leadership may mean admitting disunity
 

In this edited extract from the inaugural King Moshoeshoe Memorial Lecture at the University of the Free State, Professor Njabulo S Ndebele explores the leadership challenges facing South Africa

RECENT events have created a sense that we are undergoing a serious crisis of leadership in our new democracy. An increasing number of highly intelligent, sensitive and committed South Africans, across class, racial and cultural spectrums, 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. We have the sense that events are spiralling out of control and that no one among the leadership of the country seems to have a definitive handle on things.

There can be nothing more debilitating than a generalised and undefined sense of anxiety in the body politic. It breeds conspiracies and fear.

There is an impression that a very complex society has developed, in the last few years, a rather simple, centralised governance mechanism in the hope that delivery can be better and more quickly driven. The complexity of governance then gets located within a single structure of authority rather than in the devolved structures envisaged in the Constitution, which should interact with one another continuously, and in response to their specific settings, to achieve defined goals. Collapse in a single structure of authority, because there is no robust backup, can be catastrophic.

The autonomy of devolved structures presents itself as an impediment only when visionary cohesion collapses. Where such cohesion is strong, the impediment is only illusory, particularly when it encourages healthy competition, for example, among the provinces, or where a province develops a character that is not necessarily autonomous politically but rather distinctive and a special source of regional pride. Such competition brings vibrancy to the country. It does not necessarily challenge the centre.

Devolved autonomy is vital in the interests of sustainable governance. The failure of various structures to actualise their constitutionally defined roles should not be attributed to the failure of the prescribed governance mechanism. It is too early to say that what we have has not worked. The only viable corrective will be in our ability to be robust in identifying the problems and dealing with them concertedly.

We have never had social cohesion in South Africa — certainly not since the Natives’ Land Act of 1913. What we definitely have had over the decades is a mobilising vision. Could it be that the mobilising vision, mistaken for social cohesion, is cracking under the weight of the reality and extent of social reconstruction, and that the legitimate framework for debating these problems is collapsing? If that is so, are we witnessing a cumulative failure of leadership?

I am making a descriptive rather than an evaluative inquiry. I do not believe that there is any single entity to be blamed. It is simply that we may be a country in search of another line of approach. What will it be?

I would like to suggest two avenues of approach — an inclusive model and a counter-intuitive model of leadership.

In an inclusive approach, leadership is exercised not only by those who have been put in some position of power to steer an organisation or institution. Leadership is what all of us do when we express, sincerely, our deepest feelings and thoughts; when we do our work, whatever it is, with passion and integrity.

Counter-intuitive leadership lies in the ability of leaders to read a problematic situation, assess probable outcomes and then recognise that those outcomes will only compound the problem. Genuine leadership, in this sense, requires going against probability in seeking unexpected outcomes. That’s what happened when we avoided a civil war and ended up with an “unexpected” democracy.

Right now, we may very well hear desperate calls for unity, when the counter-intuitive imperative would be to acknowledge disunity. A declaration of unity where it manifestly does not appear to exist will fail to reassure.

Many within the “broad alliance” might have the view that the mobilising vision of old may have transformed into a strategy of executive steering with a disposition towards an expectation of compliance. No matter how compelling the reasons for that tendency, it may be seen as part of a cumulative process in which popular notions of democratic governance are apparently undermined and devalued; and where public uncertainty in the midst of seeming crisis induces fear which could freeze public thinking at a time when more voices ought to be heard.

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 be seen to have become “the opposition”. The word has been demonised. In reality, it is time we began to anticipate the arrival of a moment when there is no longer a single, overwhelmingly dominant political force as is currently the case. Such is the course of history. The measure of the maturity of the current political environment will be in how it can create conditions that anticipate that moment rather than seek to prevent it. We see here once more the essential creativity of the counter-intuitive imperative.

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 is currently, 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 in different articulations, which then contend for social influence. In this way, the vision never really dies; it simply evolves into higher, more complex forms of itself. Consider the metaphor of flying ants replicating the ant community by establishing new ones.

We may certainly experience the meaning of comradeship differently, where we will now have “comrades on the other side”.

Any political movement that imagines itself as a perpetual entity should look at the compelling evidence of history. Few movements 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 ’90s. 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. Could we apply to ourselves the same degree of inventiveness and rigorous negotiation we displayed leading up to the adoption or our Constitution?

This is not a time for repeating old platitudes. It is the time, once more, for vision.

In the total scheme of things, the outcome could be as disastrous as it could be formative and uplifting, setting in place the conditions for a true renaissance that could be sustained for generations to come.

Ndebele is Vice-Chancellor of the University of Cape Town and author of the novel The Cry of Winnie Mandela

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