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07 March 2024 Photo SUPPLIED
Gcina Mtengwane teaches in the Community Development Programme at the Centre for Gender and Africa Studies, University of the Free State, Qwaqwa Campus.

Opinion article by Gcina Mtengwane, Centre for Gender and Africa Studies, University of the Free State.


The notion that 2024 could echo the transformative spirit of 1994 holds weight. South Africans find themselves in a pressing need for positive social, economic, and political change. Yet, the avenue through which this change will manifest - a reformed African National Congress (ANC), an opposition party or a coalition government - remains unchartered territory. South Africa is on a downward trajectory. As various international indexes project corruption and poor governance, noting also that those indexes may not at times be accurate, the lived experiences of South Africans echo despair, disillusionment, and a betrayal of promises for a better life, particularly among the working class and the poor. 

The first democratic election in 1994 heralded an era where a new government had the opportunity to represent the interests and aspirations of all citizens, countering the discriminatory policies of apartheid. It fostered optimism for equal access to opportunities and life chances regardless of race, religion, gender, class, or ethnicity.

However, the transition to democracy, like any new venture, brought forth both opportunities and challenges. Actualising the vision of a ‘rainbow nation’ necessitated tangible legislative reforms and macroeconomic strategies beyond mere rhetoric. Consequently, initiatives such as the Reconstruction and Development Programme (RDP) in 1994, the Growth, Employment and Redistribution (GEAR) strategy in 1996, The Accelerated and Shared Growth Initiative for South Africa (ASGISA) in 2005, the new Growth Path in 2010, and the National Development Plan vision 2030 were implemented. While the efficacy of these macroeconomic frameworks remains contested, there is a consensus that more can be done and perhaps differently.

Parallels between 2024 and 1994? 

South Africa grapples with high unemployment, alarming crime rates, and an education system ranked among the world’s worst. South Africa is among the most unsafe countries in the world with an estimate of 27 494 murders recorded in 2022-2023. Ranked at 50th out of 63 countries, its education system is rated among the worst performing in the world. The education system fails to equip matriculants with practical skills for sustainable livelihoods. Additionally, funding exclusions and high dropout rates plague higher education, exacerbating the crisis. NSFAS has proposed defunding certain qualifications from its budget and half of those who do make it to universities drop out in their first year.  Moreover, South Africa measures the highest income inequality in the world, with a Gini coefficient of around 0.67, race being a key factor in a society where 10 per cent of the population owns more than 80 per cent of the wealth.

Persistent income inequality and deeply entrenched racial disparities are hindering the opportunities for upward social and economic mobility for the majority, notably the youth. The unemployment rate among youth, which includes persons between 15 and 35 years old, is around 60%. There is low support for and a high failure rate of start-up small to medium enterprises (SMMEs) with between 70% to 80% failing in the first five years of operations. There is a high rate of youth neither in employment nor in education or training (NEETs).  Data shows that 32.6% of graduates struggle to find work within the first two years of graduation, implying that for some, regardless of educational attainment, there is no optimism regarding the prospects for a better future.

The issues highlighted above are just some of the issues facing South Africa. These challenges underscore the urgent need for well-conceived and actionable solutions. A governing party must demonstrate clear policy direction and effective implementation mechanisms to uplift the most vulnerable while safeguarding the rights of all citizens, irrespective of race. However, certain radical policy proposals, like affirmative action and land expropriation without compensation, pose significant ideological divides.

Opportunity to nurture democracy

South Africa boasts over 30 years of democratic experience, providing invaluable lessons from past elections. There is a unique opportunity to nurture democracy and freedom, as is enshrined in the constitution, ensuring the well-being of current and future generations. The prospect of a coalition government looms large, potentially marking a historic shift. While unprecedented at the national level, coalition governance has been trialled in various municipalities including Johannesburg, Nelson Mandela Bay, and Ekurhuleni. However, these experiments often resulted in governance failures, characterised by instability and policy dissonance, rather than cohesive leadership. Political rivalry among the parties undermined service delivery and good governance, leading to the failure of coalition governance at the local government level.

Policy misalignment emerges as the key impediment to coalition success. The recent formation of the ‘Moon-shot pact’ underscores the necessity for aligned policy positions among coalition partners to avert governance crises.

Voter implications

Voting entails entrusting a political party with the responsibility to serve the interests of millions. It demands an informed understanding of the party’s policies as outlined in its manifesto. While individual charisma may sway voter preferences, informed decisions are imperative amidst South Africa’s challenges and opportunities. 

News Archive

Law students triumph in Africa
2007-08-16

 

Pictured with the trophies they have won are, from the left: Ms Qaqamba Vellem (fourth-year LL.B. student), Prof. Johan Henning (Dean of the UFS Faculty of Law), Prof. Loot Pretorius (Head of the Department of Constitutional Law and Philosophy of Law), Ms Lucy Nthotso (fourth-year LL.B. student), Ms Thapi Matsaneng (moot coach and lecturer in Corporate Law at the UFS) and Mr Johnny Modipa (third-year LL.B. student).
Photo: Stephen Collett

Law students triumph in Africa

A team of students from the Faculty of Law at the University of the Free State (UFS) has won the first prize at the 16th African Human Rights Moot Court Competition held in Senegal last week.

The UFS team consisted of three L.L .B. students, namely Ms Lucy Nthotso, Ms Qaqamba Vellem and Mr Johnny Modipa, and beat teams from numerous South African law faculties as well as from the rest of Africa.

The Moot Court Competition is an event where students from law faculties across Africa argue a hypothetical case on human rights issues pertinent to the continent. This year’s competition dealt with the issues of refugee status, nationality, HIV/AIDS and the right to education.

Over and above the UFS team’s success as the overall competition winners, the UFS team came first in the written memorials category (written substance of the argument of the particular party), beating seventy teams from both the English and French speaking African countries.

To further add to their splendid overall team performance, team members Ms Vellem and Ms Nthotso were selected amongst the top fifteen students for their oral arguments out of the hundred and forty who took part in the competition. Ms Vellem came tenth and Ms Ntshotso eleventh.

According to the Dean of the Faculty of Law at the UFS, Prof. Johan Henning, the faculty is extremely proud of this achievement of its students in such a highly regarded competition.

“This success shows that the quality of legal education and training we provide here at the UFS, both through the 4- and 5-year L.L.B. options is rated among the best in Africa, if not the world,” Prof. Henning said.

He said it also showed that the faculty is committed to producing black law graduates of substance who are second to none.

The three students were coached by Ms Thapi Matsaneng, a UFS law graduate who is completing her Ph.D. at the University of London and who was groomed by the UFS as part of its Grow Our Own Timber programme, aimed at producing black academics.

Prof. Loot Pretorius, head of the department of constitutional law and philosophy of law at the UFS, acted as a consultant to the team. Ms Matsaneng also accompanied the three team members to Senegal.

The panel of judges who determined the winners comprised of the commissioners of the African Commission on Human and Peoples’ Rights, a South African Constitutional Court judge as well as other respected members of the legal community.

Media Release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt.stg@ufs.ac.za
16 August 2007

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