Cape Argus

Return to values of the constituti­on

SA needs to be restored and reinvigora­ted with non-racialism, transparen­cy and accountabi­lity

- George Devenish Devenish is an emeritus professor at UKZN and one of the scholars who helped draft the interim constituti­on in 1993.

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

 ?? PICTURE: AYANDA NDAMANE/AFRICAN NEWS AGENCY (ANA) ?? JACOB ZUMA: Abandoned non-racialism for racial nationalis­m.
PICTURE: AYANDA NDAMANE/AFRICAN NEWS AGENCY (ANA) JACOB ZUMA: Abandoned non-racialism for racial nationalis­m.

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