Return to values of the constitution
SA needs to be restored and reinvigorated with non-racialism, transparency and accountability
SOUTH Africa has weathered a singular metaphorical storm in the peaceful political transition from the discredited Zuma presidency to that of Ramaphosa. The new president has the potential to be a game-changer. When the euphoria abates, however, it is necessary to examine the inordinate challenges confronting Cyril Ramaphosa as leader of both the ANC and the country. South Africa needs to be restored and invigorated by returning to the basic values set out in the Freedom Charter and section 1 of the constitution, such as the rule of law, non-racism, accountability and transparency.
The integrity of governance has to be re-established and the historic Mandela legacy adhered to. Ramaphosa has taken important initiatives to rebuild the South African economy to bring prosperity to all the people of South Africa.
In addition, as Professor Dirk Kotze pointed out in his piece “South Africa seeing a return to the rule of law” (The Star, January 31), the National Prosecuting Authority, the Asset Forfeiture Unit and the Hawks have embarked on a far more vigorous pursuit of people alleged to have been involved in criminal conduct inherent in the notorious activities of state capture.
This is of fundamental importance, since as he observes, “state capture and the rule of law are mutually incompatible”.
Besides the rule of law, the ANC government and the nation need to re-affirm a commitment to the fundamental value of non-racialism.
Unfortunately, the Zuma administration manifestly abandoned non-racialism and pursued a policy of racial nationalism, to the detriment of the country as a whole and minority groups in particular.
It must be noted that the legendary Freedom Charter declared that “The rights of the people shall be the same regardless of race, colour or sex”. Section 1 of the constitution declares that it is based on the values of “non-racialism”. Section 9 states that the state may not unfairly discriminate directly or indirectly on, inter alia, “race, culture, language and birth”.
Non-racialism forms a golden thread that is woven into the warp and woof of our constitution.
It is submitted that non-racism is therefore a fundamental principle that is intrinsic to the unity of our human family.
From time to time such racial domination has been advocated by certain important people. So, for instance, Jimmy Manyi, a prominent ANC spokesperson, declared in a highly publicised and notorious comment in 2011 that coloured people are over-concentrated in the Western Cape and need to move to other provinces to find jobs elsewhere, and that in KwaZulu-Natal, Indians are bargaining their way to the top.
These statements were patently racist and made inroads into our commitment as a nation to non-racialism.
Secondly, in this regard it was reported in the media (The Mercury, October 12, 2015) that while questioning Judge Shyam Gyanda in an interview for the vacant KZN High Court deputy judge president position at a meeting of the Judicial Services Commission (JSC), Mr Julius Malema, the abrasive EFF leader, stated that Indians dominated every sphere of life in KwaZuluNatal, “particularly economic and judicial”. Malema went on to ask ‘do you think that the appointment of a deputy judge-president, if we were to consider an African person, would be in line with transformation of the judiciary?’
This statement remains manifestly divisive and violates our commitment to non-racism, and was apparently condoned by ANC members of the JSC.
A commitment to non-racialism is also incompatible with the widely and indiscriminately employed practice of cadre deployment, used by the Zuma administration to appoint persons who are card-carrying members of the ANC to positions in the public service, regardless of their competence.
This is unconstitutional, as was held to be the position in the case an Eastern Cape High Court judgment in Mlokoti v Amatole District Municipality of 2008 established unequivocally, that cadre deployment is indeed unlawful.
In this case, two people had been shortlisted by the Amatole District Municipality for the post of municipal manager. A selection panel found Vuyo Mlokoti to be the stronger candidate and furthermore the municipality’s recruitment required that appointments be fair and merit-based.
However, Mlokoti was overlooked and his weaker rival, Mlami Zenzile, was appointed to the post.
This appointment flowed from the instructions of the ANC’s regional executive committee, which told ANC members of the district council who to vote for.
The high court found in favour of Mlokoti, in a judgment that was a triumph for constitutionalism and that unequivocally condemned the practice of such cadre deployment as unethical and unconstitutional.
Unqualified cadre deployment in general must be exposed for what it actually is: unfair discrimination. In effect, it is akin to apartheid in the manner in which it operates in relation to those who are not card-carrying members of the ANC or who are not intimately connected to the ANC. It is conceded that in a limited number of very senior posts in the public service, as occurs in other democracies, such as in Washington and Westminster, where a particular position may justify the appointment of a person whose views are aligned to the governing administration, it is justified.
It is, however, very much the exception to the rule that an apolitical public service as a whole is essential to serve the government of the day with commitment and competence. This is the opposite of what occurred in South Africa under the Zuma ANC administration, where cadre deployment has become widespread and has resulted in large numbers of incompetent people being appointed to positions for which they had neither the experience nor qualifications, facilitating maladministration and corruption.
This has resulted in very debilitating problems, particularly in the sphere of local governing, where in relation to service delivery there have been widespread political protests, some of which have become violent. Large-scale cadre deployment must inevitably lead to the politicisation of the public service and decline in competence and commitment, as has manifestly occurred under the Zuma administration.
It is submit ted that the Ramaphosa administration must take decisive steps to put an end to such practice in the interest of good and competent government.
It must do so by both word of mouth and conduct and thereby re-instate non-racialism in its philosophy and practice of governance.
NON-RACIALISM FORMS A GOLDEN THREAD THAT IS WOVEN INTO THE WARP AND WOOF OF OUR CONSTITUTION