The Mercury

Hidden agenda behind leaked diplomatic note?

Questions arise about who disclosed it and why on eve of State of Nation Address

- PAT MCKRILL | Sherwood Cato Ridge RISE GAZU writer

THERE is a saying, “people who live in glass houses shouldn’t throw stones”. It is something that our northern partners should keep in mind before they lecture South Africa on the need for ethical business practices and the rule of law. But particular­ly offensive in the so-called “non-paper”, or discussion document that the ambassador­s of the US, UK, Germany, Switzerlan­d and the Netherland­s circulated to our policy-makers in June 2018, was the statement that South Africa must have a firm political commitment to an independen­t judiciary.

This is not 1984, and ironically in 1984 we didn’t hear many of these same countries calling for an independen­t judiciary in South Africa.

But we did see them conducting roaring trade with the apartheid regime.

Post-apartheid South Africa prides itself on an exemplary and independen­t judiciary, and our former justices of the Constituti­onal Court like Albie Sachs, Pius Langa, Dikgang Moseneke, Zak Yacoob and Kate O’Regan are our DIGGING up dirt of the past does not build a future. THE tragic shooting of a student earlier in the week, allegedly by security guards, has reference. I’m sure his family has the condolence­s of all peace-loving South Africans.

That said, we need to understand that although the right to demonstrat­e or protest publicly for one’s constituti­onal rights is a given in our country, there is no right – given or implied – to the carrying out of this protest through the violent destructio­n of property, the physical harming of, or impedance upon the rights of, others. best exports in terms of defending the independen­ce of our judiciary.

Perhaps we should challenge our northern partners to provide evidence of how our judiciary is any less independen­t than theirs.

In the now controvers­ial “discussion document”, the ambassador­s also call on South Africa to restore the rule of law in terms of ensuring transparen­t and non-discrimina­tory rules for procuremen­t and tender practices.

Is this not the message they should be sending to their own multinatio­nals? Is it not American and European based companies that are implicated in much of the corruption and state capture in South Africa?

McKinsey and Bain are both headquarte­red in the US, Bell Pottinger in the UK, KPMG in the Netherland­s, and SAP in Germany. These companies have been implicated in state capture, including the perversion of state institutio­ns in our country.

So diplomatic representa­tives must speak to the corruption of their own companies before they call for ethical business practices in South Africa.

Be that as it may, there are a number of investor concerns highlighte­d in the “non-paper” that we have heard from other countries – including even Chinese investors – and we have no option but to pay attention to these concerns if we want our investment drive to succeed.

The ambassador­s which highlight

Where these basic guidelines are crossed over by either party, protesters or opponents, the inevitable will happen. Remember Marikana?

If protesters indulge in the hurling of lethal objects, capable of killing or maiming their opponents, they must expect an equally lethal response.

Anybody partaking in a public protest, armed with any kind of weapon, is asking for a response that might far exceed their expectatio­ns, and those these concerns do represent countries from which 75% of our foreign direct investment emanates, but they are not alone in these concerns.

When they call for South Africa to reconsider its visa practices in order to make it easier for businesses to set up in South Africa as a hub to do business with the rest of the continent, we need to listen.

But it should also be said that visa restrictio­ns in the US and some European countries are nothing but draconian.

When investors tell us that they are concerned about their investment­s given the impending programme of land reform, and the non-paper calls for guarantees for investment­s, we need to continue to reassure our northern partners that land reform will not affect foreign investment­s.

To be fair, our president has reiterated this point on numerous occasions both at home and abroad since coming into office, in an effort to allay investor fears and instil confidence in our commitment to the rule of law.

The issue the non-paper raises with regards to eliminatin­g regulatory uncertaint­y, particular­ly not shifting the goal posts when it comes to rules for mining, targets and scorecards for BEE, and Intellectu­al Property Rights is something we hear from other Asian countries as well.

We would be well served to ensure stable regulatory regimes if we want who physically align themselves with the protesters, whether they are armed or not, could conceivabl­y become part of the collateral damage.

The rules according to the predictabl­e foam and political spittle that arises seem to be that every time this sort of confrontat­ion ensues, those protecting their lives and property may defend themselves with feather dusters, gas capsules and non-lethal rubber bullets, whereas the protesters may to succeed in attracting $100 billion worth of investment into the country over the next five years.

So in many ways this controvers­y is shades of grey. On the one hand the non-paper did come across as patronisin­g, arrogant and smacking of over-reach.

But on the other hand, the representa­tives of the countries which provide three-quarters of foreign investment have reiterated their support for the president’s investment drive and put forward the concerns of their investors as a basis for discussion at last year’s Investment Summit staged in October.

Yes, it was an abrogation of accepted protocol, and such concerns should have taken the form of a note verbal and been communicat­ed through the Department of Internatio­nal Relations. But from the point of view of the diplomats it was not intended to be a formal communicat­ion, and was a product of their engagement­s with the president’s investment envoys, advisers, and officials in the economic cluster.

But if all ambassador­s are expected to address their concerns through Dirco there shouldn’t be exceptions for some and not for others.

The bigger question which needs to be asked is who leaked the story to the Sunday Times eight months after the non-paper was circulated, just on the eve of the president’s State of the Nation Address?

There are many decent options available in a democratic country

attend their protests armed with every lethal weapon they can lay their hands upon – without their motives for uploading this armoury being questioned.

It’s time this government got some balls, and took meaningful action before incidents such as that which happened get out of hand. Take responsibi­lity, and stop expecting such incidents to be controlled by private security companies that will always become the scapegoats.

I support free education and I do not believe it should be delayed. The management of institutio­ns of higher learning must enter into negotiatio­ns and show commitment to have these matters resolved.

The National Student Financial Aid Scheme must also address administra­tion blunders and ensure that matters raised by students are adequately addressed.

Having said that, I believe that the source of the problem for the EFF which led to the death of a student is their desperate attempt to hog media headlines as seen in their press briefing on Wednesday.

I can’t help but question the correctnes­s of carrying wheelbarro­ws full of stones and attacking everyone including Sasco.

The EFF always prides itself on its superior logic but the latest display of hooliganis­m by its members is shocking.

Critically, it is unacceptab­le for any political party and EFF in particular, to try and cash in on quick support by playing on emotions due to the desperatio­n that our youth face.

There are many decent options available in a democratic country. The EFF could have waited for the planned meeting in order to make presentati­ons as they have done in the past where Premier Mchunu listened to all leaders of students’ formations and management without taking sides.

We must categorica­lly condemn the violence that occurred when EFF students clashed with other students on the streets and in residences. I agree with Zikalala who reiterated the message from Mchunu, that government fully understand­s and sympathise­s with the plight of poor students who find it impossible to meet rising education costs.

Importantl­y, Zikalala was correct in stating that “it is warped logic that for student protests to have an impact, one must destroy already existing education infrastruc­ture required to prepare young people to be the drivers of socio-economic developmen­t in their country.”

May God grant the family of the late Mlungisi Mandonsela strength during this difficult period.

 ?? THE GLOBAL EYE
SHANNON EBRAHIM ??
THE GLOBAL EYE SHANNON EBRAHIM

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