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Africa Day reflection – Africa’s crisis of leadership and lack of credible institutions

25 May 2021 | Story Dr Sunday Paul C. Onwuegbuchulam | Photo Supplied

DrSundayOnwuegbuchulam_web read more — Dr Sunday Paul C Onwuegbuchulam is from the Centre for Gender and Africa Studies, University of the Free State (UFS) who writes that African politicians must learn to respect the land and the people.

It is once again the month of May and there are many preparations being made for the celebration of Africa Day. I do not believe in or subscribe to the logic of having a specified day or month to celebrate Africa. But importantly, the present state of the socio-political and economic landscape of Africa leaves nothing to celebrate. It still baffles me that there is notable hype surrounding this so-called Africa Day celebration, especially considering the state of decay in the continent. I am aware I sound rather negative, but this is how I feel about the continent which almost 1.3 billion people, including myself, call home. There are several issues that we can talk about that go to ascertain that there is indeed nothing to celebrate today in Africa but the fact is we should rather be mourning. My focus is on the crisis of leadership and the weak institutions in most African countries.

I am not saying that Africa has not made progress after the years of slavery and colonialism meted on the continent. No, I am sure that good stories are coming out of some African countries, seen in different forms of development, strong institutions and credible leadership in the said countries. Botswana offers a good case in point, as it is a country that has used its diamond resources to develop itself and its citizens. Arguably, Botswana’s success story can only be credited to the availability of strong institutions and leadership which considers the interest of the country and the wellbeing of the people as a priority. Perhaps another good story coming from Africa is the way South Africa, and indeed some other African countries, have dealt with the issue of the COVID-19 pandemic. It is said that Africa, with close to 17% of the world’s population, came out rather ‘okay’ with regards to not bearing the brunt of the negative impact of the pandemic. This can also be attributed to some good leadership, especially as seen in South Africa, which, though not perfect, debatably helped to minimise the impact of COVID in the country. It is also true that some African countries were not honest in reporting the levels of infections and some were in denial of the pandemic, which in itself led to the deaths of many including some among the political class in these countries.

Leadership in Africa

Let me then talk about the issue of problematic leadership in Africa which has left the continent on its knees: today most African countries suffer from the problem of having inept and morally bankrupt leaders. South Africa is currently still going through the state capture saga playing out at the Zondo commission. The stories emerging from that commission, if true, point to a growing culture of corruption and sleaze that needs to be addressed, if South Africa will avoid becoming like other African countries ruined by the corruption phenomenon. Nigeria as a case in point is battling systemic corruption which has eaten deep into the socio-political and economic fabric of the country. Nigeria’s fight against corruption has become a losing battle with the current president, Muhammadu Buhari, obviously inept in dealing with the syndrome. Buhari coming into power in 2015 made several assurances that he would fight corruption and insecurity in the country. A few years into the second term of that administration, it can be said Nigeria is worse than Buhari found it. Corruption, insecurity and economic hardship have left Nigerians dazed and the assertion in some circles is that the Buhari campaign was the greatest fraud on Nigerians since its independence.

Nigeria’s case perhaps offers a basis for the analysis of the crisis of leadership and weak institutions in African countries. Africa’s mostly ageing ruling class has failed African countries as a result of their power hunger, blatant ineptitude and lack of moral and political will to establish strong institutions. On these, it will seem that some African politicians are yet to learn what democracy and respect for the will of the people are all about. We have African presidents changing their constitutions to stay longer in office. There has been a history of this phenomenon in many African countries. For example, Djibouti, with president Ismail Omar Guelleh in 1999; Chad with president Idriss Déby in 2005; Cameroon with president Paul Biya in 2008 who has now stayed in office for close to 39 years; Zimbabwe with the late Robert Mugabe in 2013; Congo Brazzaville with president Denis Sassou Nguesso in 2016; 2017 in Rwanda with president Paul Kagame, who has now stayed in office 21 years and counting; Uganda in 2005 under Yoweri Museveni with the supreme court quashing the age limit for the president, thereby allowing Museveni to contest the 2021 elections.

The case of Uganda’s Museveni is perhaps the one that warrants dwelling on. The man is being sworn in for the sixth time as president of Uganda amidst claims of a rigged election. Events leading up to and during the said election leaves one with little to write home about, with reported widespread intimidation of opposition party supporters, shutting off the internet and all sorts of electoral abuses which are callously engineered to steal the people’s mandate. It is pathetic to hear Museveni always tout “democratically elected” in answer to any question which seems to suggest that he is now a dictator after having ousted one (Idi Amin).

One interesting thing that emerges in the discussion of African leaders wanting to stay in office longer than they should is their rebuttal that democracy in Africa should not be seen as democracy as obtained elsewhere in the world – the US for instance, where a president has only two terms of four years each. African presidents see themselves and indeed democracy in Africa as incommensurate with that in Europe and the West. Hence it is not susceptible to being measured by the standards of democracy in other parts of the world. In their view, democracy is not perfect anywhere, therefore they need the world to leave them alone to practise the understanding of democracy as they see it. It is interesting to hear some politicians disingenuously use as an example the Trump saga in the US and his refusal to acknowledge defeat in an election – to buttress their point about democracy not being perfect anywhere. On this, it will seem to me that these African leaders fail to understand that Trump’s case was just what the philosopher JJC Smart called a nomological dangler. Trump’s case is a nomological dangler because it was outside of the norm in the history of relatively successful American democracy, which perhaps has become the archetype of democracy in the modern world. It is sadder to see how these politicians use the Trump case as a basis to justify their incessant craving for power and their wish to die in office. It would seem that some African leaders have converted monarchical rule to what they call democracy. A feature of democracy is the choosing and replacing of representatives through a free and fair election. This presupposes a limited time in the office of a representative, who then is replaced through a free and fair election. Democracy is then not a monarchy in which leaders die in office and or abdicate because of some reasons. Notably, in the case of African politicians, they do not leave office even when they are incapacitated by health issues. Take the recent case of Ali Bongo of Gabon.

Live liyengcayelwa

Africa is really in trouble if this trend in leadership continues. Africa cannot progress when politicians in different countries think they are the best the country can produce to lead. African politicians should learn to stay their time in office and leave when it is time, handing over to successors who will continue where they stopped and move their countries forward. Elections and the will of the people should be allowed to reign and politicians should stop the pogrom meted out on the will of the people. This needs strong institutions which are lacking in most African countries and this is because in most cases these morally bankrupt and inept politicians have rendered these institutions useless in their countries. It is a sad issue and one which needs to be corrected if Africa and African countries will have anything good to celebrate.

A very important African ethos is vital for us to begin to solve our problems and that is live liyengcayelwa. Live liyengcayelwa is an isiSwati saying that admonishes respect for the land and the people. This is what I am proposing to African politicians – that they learn to respect the land and the people. They do this by accepting when their time in office is up and leave peacefully. They should learn to establish strong institutions which will help in stabilising true democracy and achieving proper development in African countries. Through these, we might perhaps have a true cause to celebrate Africa.

Opinion article by Dr Sunday Paul C. Onwuegbuchulam, Centre for Gender and Africa Studies, University of the Free State.

News Archive

The failure of the law

2004-06-04

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

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