Hidden agenda behind leaked diplomatic note?
Questions arise about who disclosed it and why on eve of State of Nation Address
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.