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28 January 2022 | Story Prof Sethulego Matebesi | Photo Sonia Small (Kaleidoscope Studios)
Prof Sethulego Matebesi
Prof Sethulego Matebesi.

Opinion article by Prof Sethulego Matebesi, Academic Head of Department, Associate Professor: Sociology, University of the Free State .


In Teams of Rivals, author Doris Goodwin notes how former American president Abraham Lincoln created value by surrounding himself with people who have the capacity and the tenacity to challenge him. Despite many of the challenges he faced throughout his presidency, he managed to build a common cause with his cabinet to foster the interests of Americans. In a completely different text, Crisis of Conscience: Whistleblowing in an Age of Fraud, Tom Mueller laments how people fail to act out of apathy, complicity, or fear. 


These two distinct texts raise the question of how leadership should react to criticism and the requisite degree of freedom of speech that public representatives should have. 


Similarly, the back-and-forth saga between Tourism Minister Lindiwe Sisulu and President Cyril Ramaphosa over whether she apologised for her opinion piece that criticised black judges, effectively drills home a longstanding historical lesson. This lesson is that political astuteness is a phenomenon as old as the history of politics itself.

Although the astuteness shown by Sisulu against critics from her political party may be puzzling, her public exchanges that a statement by President Cyril Ramaphosa was a ‘misrepresentation’ of their meeting are more puzzling. 
But why is this puzzling? What are we to do about what some call a show of unprecedented defiance and others assertiveness? We also need to ask whether Sisulu’s stance can be adequately explained by those who label her as being arrogant and who deserve to be fired by President Ramaphosa.

A political travesty to apologise on behalf of Sisulu

Public apologies are a common occurrence globally. They often come by way of assuming guilt, expressing remorse, and admitting responsibility. Thus, proper apology etiquette requires the ‘wrongdoer’ to deliver the apology. However, this was not the case with Minister Sisulu.

Sisulu acted in a very public way with her opinion piece and her response to the ‘apology in her name’ released by the presidency. Certainly, with her experience as a public figure, she was aware of the implications of her actions.

Furthermore, she was consistent with her narrative against criticism directed towards her. Yet, we do not know why the presidency saw the need to apologise on behalf of Sisulu. Perhaps it had unreasonable expectations that Sisulu would publicly accept what she disagreed with privately.

Notwithstanding the sincerity of the presidency in dealing with this matter, supporters of President Ramaphosa will, on the one hand, be disillusioned by this own goal. At the same time, those who support Minister Sisulu may be encouraged by her steadfast refusal to accept a coerced apology used as a shaming mechanism. She inadvertently represents a dynamic articulation of an alternative repertoire of contention within the ANC.

Lately, we have witnessed a surge of nationalism globally during the COVID-19 pandemic. The Economist referred to the narrative battle between China and the United States over the pandemic as a ‘new scold war’, threatening to tear the world apart. But, as this Sino-US relationship reminds us, what is at stake is less the tit-for-tat scold war between Sisulu and Ramaphosa that threatens to spiral out of control, than the subdued attempts to attain constituent support within the ANC.

Sisulu herself has never publicly indicated her availability to contest the presidency of the ANC at its next elective conference. By any measure, if she does have such aspirations, stepping forward and engaging politically is one thing, but open defiance of authority is another. Since there are no permanently privileged constituencies in political malaise created by regeneration projects such as the organisational renewal drive of the ANC, the struggle to articulate and establish the interests of those who are aggrieved within the party is an ongoing process.

But where does this leave President Ramaphosa?

Many commentators have noted that his long game is no longer effective. However, President Ramaphosa wants to upend the notion that robust debates within the structures of the ANC are not tolerated. He is wary of the propensity of ANC structures to support those who are victimised. And while the scold war is in full swing, others will join in trying to win the hearts and minds of ANC members.

Meanwhile, when failure to act decisively in the face of predictable situations facing the country, particularly during a crisis; we can then no longer talk about protecting the interests of South Africans.

News Archive

SA must appoint competent judges
2009-05-08

 

At the inaugural lecture are, from the left: Prof. Teuns Verschoor, Acting Rector of the UFS, Judge Farlam and Prof. Johan Henning, Dean of the Faculty of Law at the UFS.

Supreme Court of Appeal Judge Ian Farlam has called on the South African government to appoint and continue to appoint competent, fair and experienced judicial officers to sit in the country’s courts.

He also emphasised the need to have an efficient and highly respected appellate division, which rightly enjoys the confidence of all.

Judge Farlam was speaking at the University of the Free State (UFS) where he delivered his inaugural lecture as Extraordinary Professor in Roman Law, Legal History and Comparative Law in the Faculty of Law.

He said there were important lessons that emanated from the study of legal history in the Free State, particularly including the lesson that there were courageous jurists who spoke up for what they believed to be right, and a legislature who listened and did the right thing when required.

“This is part of our South African heritage which is largely forgotten – even by those whose predecessors were directly responsible for it. It is something which they and the rest of us can remember with pride,” Judge Farlam said.

Addressing the topic, Cox and Constitutionalism: Aspects of Free State Legal History, Judge Farlam used the murder trial of Charles Cox, who was accused of killing his wife and both daughters, to illustrate several key points of legal history.

Cox was eventually found guilty and executed, however, the trial caused a deep rift between the Afrikaans and English speaking communities in the Free State.

Judge Farlam also emphasised that the Free State Constitution embodied the principle of constitutionalism, with the result that the Free State was a state where the Constitution and not the legislature was sovereign. He said it was unfortunate that this valuable principle was eliminated in the Free State after the Boer War and said that it took 94 years before it was reinstated.

Judge Farlam added, “Who knows what suffering and tragedy might not have been avoided if, instead of the Westminster system, which was patently unsuited to South African conditions, we had gone into Union in 1910 with what one can describe as the better Trekker tradition, the tradition of constitutionalism that the wise burghers of the Free State chose in 1854 to take over into their Constitution from what we would call today the constitutional best practice of their time?”

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison 
Tel: 051 401 2584 
Cell: 083 645 2454 
E-mail: loaderl.stg@ufs.ac.za
8 May 2009
             

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