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09 July 2024 | Story André Damons | Photo Stephen Collett
Thought-Leader panel discussion July 2024
The University of the Free State (UFS) hosted its UFS Thought-Leader panel discussion in collaboration with the Free State Literature Festival, featuring Gert Coetzee, former editor, Volksblad (left); Sanet Solomon, Lecturer, Department of Political Sciences, Unisa; Prof Francis Petersen, Vice-Chancellor and Principal of the UFS (centre, facilitator); Ebrahim Fakir, Consultant Election Analyst, Electoral Institute for Sustainable Democracy in Africa (EISA); and Prof Erwin Schwella: Director, Centre for Good Governance in Africa, School of Social Innovation, Hugenote Kollege.

Even though there might be concerns about South Africa’s newly established Government of National Unity (GNE) and the associated challenges, there are also hope, optimism, and a lot of opportunities that come with this new reality.

This was according to the panellists at the University of the Free State (UFS) Thought-Leader panel discussion, titled Navigating a new era of democracy in South Africa. The discussion took place on Thursday (4 July) as part of the 2024 Thought-Leader Series presented in collaboration with the Free State Literature Festival. The discussion was facilitated by Prof Francis Petersen, Vice-Chancellor and Principal of the UFS.

The panellists included Ebrahim Fakir, Consultant Election Analyst from the Electoral Institute for Sustainable Democracy in Africa (EISA); Prof Erwin Schwella, Director of the Centre for Good Governance in Africa, School of Social Innovation at the Hugenote Kollege; Sanet Solomon, Lecturer in the Department of Political Sciences, College of Human Science at the University of South Africa; and Gert Coetzee, former editor of Volksblad.

Substantive uncertainty

Fakir started the conversation by saying that over 30 years, South Africans have experienced the use of authority without accountability and power without responsibility. The seventh democratic elections may usher in a new era – an era of substantive uncertainty.

“Substantive uncertainty is important for any democratic society, because it means that anyone who wishes to acquire power can no longer simply rely – as the governing party has for the past 30 years of our democracy – on the support of voters in an unqualifying way. Which means that in a year of substantive uncertainty, a key aspect and a key element of democracy, namely uncertainty, comes into play.

“In so far as uncertainty and substantive uncertainty can be a boon in a democracy, it can also be a bust. Why? Because substantive uncertainty comes not just with the uncertainty of political parties assuming a level of political support in society, it also means that a set of rules by which we engage in political behaviour become uncertain.

“One of the most interesting features post the 29 May elections is the uncertainty about the formation of the government. There are no rules governing how coalition must or should be formed. There are no guiding principles on how this should happen,” said Fakir.

According to him, there are potential benefits, but also significant risks. The first benefit is that there is now space for citizen activism and for influence of political parties.

“There are significant risks to what we do now. If there is going to be a fundamentally new policy regime, in what direction will this flow? I think we must hold out hope for this new form of coalition government, but we shouldn’t be blind to the fact that there are two significant features that will impact the evolution of this GNU: South Africa goes to a local government election in two years’ time.”

“The ANC goes into its own elective conference in a few years’ time when President Ramaphosa comes up for a potential replacement. And this is a significant risk for how the GNU evolves and which partners continues to remain in this, and which don’t.”

No trust in a single political party that governs

One of the things that started happening in 2019/2020 was a push for people to select their government not only from political parties, but also to have individuals representing them at national level. This led to the introduction of the Electoral Amendment Bill. This all came together with the 2024 election where you had independent candidates participating.

“For a number of years, South Africa enjoyed a single party-dominated state, where you had stability in terms of how your country would be governed and who would be in government. The drop in the support of the ruling party has created a lot of challenges and a number of concerns for people,” Solomon said.

According to Solomon, this does not necessarily have to be a scary time for the country, as one of the great things about democracy is that it moves. Eventually, all democracies move from a single party that dominates to a more competitive democracy.

“This is also something to be excited about. One of the concerns was that South Africa could be like Germany where it took six months to form a government, but fortunately we didn’t find ourselves in a situation like that.”

“While there are a lot of concerns, I think the results from the 2024 elections showcases that South Africans don’t necessarily trust a single political party to govern the country, but rather want different political parties to come together. While this GNU will come with challenges, I also think it holds many opportunities,” she concluded.

A new ethos is needed

Prof Schwella introduced three sets of variables; the first is somewhat philosophical and therefore on the level of inspiring ideas. The second is much more institutional. It links to having all the ideals of democratic government and governance, but is it governable? This links to the third, which is more practical, namely – can you implement it impactfully?

According to him, the current disposition has hopefully relieved the country from not only continued state capture, but from the capture of inertia to create new, exciting, and inspirational opportunities.

“A new ethos of continuous quality improvement at the level of implementation through a process of assessing needs to be established, which will then have to be continuously built back into the redesign of the system. There is a lot of hope and optimism in that.”

“Share that journey with us, co-create an exciting and prosperous new South African state. We nearly lost it in the first 30 years of democracy. We stuffed it completely under apartheid. But now is the opportunity. Now is the chance. Let's get together and just do it.”

Be careful of what you wish for

For Coetzee, the way forward is not clear cut, and the country now has a window of opportunity. How this opportunity will be managed is what will set the future, he said.

“We can see where we are now and the main positive of the government of national unity is that we have a government of national unity – a little more than a month ago this would have been unthinkable.”

He talked about the composition of the cabinet and said the DA should be careful of what they wished for.

“The DA got six very important portfolios. Which enables them to make a huge difference, but each of these portfolios can also be a poisoned chalice. Of course they have Home Affairs, so if there's a delay with my passport now, I'm going to be fed up with the DA.”

News Archive

Resource Manual on Trafficking in Persons for Judicial Officers sees the light
2012-03-27

 

Judge Connie Mocumi, President of the South African Chapter of the International Association of Women Judges (SAC-IAWJ), during the launch of the Resource Manual on Trafficking in Persons for Judicial Officers.
Photo: Leonie Bolleurs
27 March 2012

On Human Rights Day the Department of Criminal and Medical Law in the Faculty of Law at the University of the Free State (UFS) hosted the launch of the Resource Manual on Trafficking in Persons for Judicial Officers compiled by the South African Chapter of the International Association of Women Judges (SAC-IAWJ).

The manual, which will be used by members of the South African judiciary, will equip officials in adjudicating the multifaceted crime of human trafficking.

“Presiding officers must be sensitised about the complexity of the crime. Human trafficking has many faces and presents itself in different ways. A person may for example be trafficked for sexual exploitation, forced labour, the removal of body parts, as well as forced marriages. Expert knowledge is needed to handle these cases effectively in court,” said Dr Kruger, also responsible for the human trafficking initiative in the Unit for Children's Rights at the UFS.

Prior to the launch, a total number of 300 judicial officers, including six judges from the Southern African Development Community (SADC) received training on human trafficking. After receiving this training, the officers were sensitised to scrutinise domestic violence cases as well as inter-country adoption cases in order to identify possible human trafficking activities.

As keynote speaker at the launch, Dr Beatri Kruger from the Department of Criminal and Medical Law at the UFS, said that human traffickers were running operations like a well-oiled machine. They have abundant and sophisticated resources and often bribe corrupt officials to further their criminal activities. In South Africa, people combating human trafficking struggle with a lack of resources as well as comprehensive legislation. Most cases are prosecuted under the Children’s Act and the Sexual Offences Amendment Act of 2007. Unfortunately, this legislation still leaves a gap in the prosecuting of perpetrators. Only trafficking cases where where children are trafficked can be prosecuted under the Children’s Act. In terms of the Sexual Offences Amendment Act perpetrators can be prosecuted for trafficking persons for sexual exploitation only, and not for labour of other forms of trafficking. Therefore the comprehensive Prevention and Combating of Trafficking in Persons Bill 2010 needs to be finalised to cover all forms of trafficking.

There are more slaves today than at any time in the history of humankind. “To combat this serious problem, we need to follow a holistic approach,” said Dr Kruger. This includes prevention (raising awareness), effective prosecution and suitable punishment, the protection of victims, and partnering with all relevant stakeholders, including people in the communities. Community members are often whistle blowers of this crime.

The President of the SAC-IAWJ, Judge Connie Mocumi, handed copies of the manual, a three-year project, to judicial officers present at the launch. The manual covers, among others, the definition of trafficking in persons, trafficking in persons in South Africa and the Southern African region, a legislative framework, victims’ rights and criminal proceedings.

“It is critical that judicial officers appreciate the phenomenon of trafficking in persons in its broader socio-economic context. Therein lays the ability to deal competently with the often-nuanced manifestation of this scourge. The incapacity to recognise these nuances can deny victims access to justice. In that regard, the manual, amongst others, is to become an important empowering adjudication tool for judicial officers,” said Judge Mocumi.

More copies will be printed and be ready for distribution by the beginning of May this year.

Judge Belinda van Heerden, who also attended the launch, said: “There is progress on the judicial and legislative front to bring wrongdoers to book. This manual will go a long way in giving judicial officers insight into the problem.”

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