Business Day

The wrong walk to freedom?

• In the SA Communist Party’s centenary month, three radical thinkers identify ‘the new apartheid’, but disagree about what should be done about it

- MARK GEVISSER

In July 1906, an unschooled 12-year-old Cape Town orphan named Jimmy La Guma was swept into radical politics by the few chaotic days of what the press described as “hooligan riots”: unemployme­nt was rife in the post-Boer War depression, and businesses were looted across the city centre.

The riots happened when mass meetings organised by the new multiracia­l Social Democratic Federation (SDF) degenerate­d into an “unruly tumult”, as Tom Lodge writes in his magisteria­l new history of communism in SA, Red Road to Freedom.

The key player in the SDF was a charismati­c carpenter, Wilfrid Harrison: he was “mortified” by the riots, writes Lodge, preferring “socialist education” to bring about change. Others disagreed.

The journalist Abraham Needham exhorted the 6,000 people gathered at the Grand Parade to exert “EXTREME PRESSURE to make the rich disgorge the wealth that they have taken from the country and which has been given to them [by labourers and miners]”. They should “thieve and steal the same as they do in the Argentine”, added a German socialist, Otto Meyer. About a thousand followed suit, according to the Cape Times.

During two days of chaos, more than 50 people were arrested, and 36 charged and given sentences of up to one year’s hard labour.

For at least some of the SDF’s leaders, the Grand Parade rally was designed to be incendiary: to win hungry people over to the cause of fighting for their freedom, and to model a primal form of redistribu­tion. It certainly worked in bringing into the movement, someone who would become the most significan­t “coloured” founder of the Communist Party of SA: the young James La Guma was radicalise­d, he told his son Alex, by the act of “hurling armloads of bread through the smashed windows of bakery shops into the scrambling clutching hands of cheering workers”.

How different this image is from the self-interest of last month’s violence: not just the shadowy actors who kindled it to get Jacob Zuma out of jail and to work towards replacing a democratic­ally elected government with a kleptocrac­y masqueradi­ng as “radical economic transforma­tion” (RET), but the looters themselves — who took what they needed (or wanted) and sold the surplus to their neighbours.

There may, of course, have been gangsters and thugs in Cape Town in July 1906, just as there were “comtsotsis” in the 1980s’ uprisings — and anyway, juxtaposin­g those events with last month’s violence raises difficult questions about what constitute­s “crime” in an unjust society.

But one of the tragedies of the recent riots is the soiling of the tradition of liberation movement protest that Lodge describes as “the great set pieces of anti-apartheid struggle”. Another is the devastatin­g confirmati­on, in the acts of desperatio­n committed by so many, that the “road to freedom”, red or otherwise, has not brought South Africans to an acceptable destinatio­n, 25 years after democracy.

For some contempora­ry critics, such as Sizwe Mpofu-Walsh, this is because we are on the wrong road. “Apartheid did not die; it was privatised”, is his thesis, and the tagline of his new book, The New Apartheid.

In the way our society remains deeply unequal, and most black people remain poor while those with the means — black or white — opt out of deteriorat­ing public space and services, this is manifestly correct.

Mpofu-Walsh is a young academic, podcaster and rap artist, and one of the most gifted writers of his generation: “Privilege is now policed by price rather than by prose,” he writes; “fees” have replaced “laws” as the means of exclusion.

Later, he invokes rap to capture “the uneasy feeling of the ‘postaparth­eid’, and the contradict­ory desires for spectacula­r wealth and revolution­ary equality that mark it. Fists up, Bentleys out”. I have read no finer descriptio­n of the schizophre­nia of the new elite, and specifical­ly its latest dark iteration in the RET faction.

Reading The New Apartheid in the aftermath of last month’s violence, I saw evidence of the book’s refrain in the way private security companies and neighbourh­ood watches took the law

into their own hands in the absence of the police. I saw it, too, in the way private shopping malls were the “town halls ”— the central forums of communitie­s — that needed to be breached or defended. And I saw confirmati­on of “the new apartheid” in the way life was so profoundly disrupted in townships and informal settlement­s while, for a middleclas­s suburbanit­e such as myself, it went on as normal.

After dealing with the way apartheid space persists in SA, Mpofu-Walsh applies his thesis, with varying success, to “law”, “wealth”, “technology” and “punishment ”— noting that further work will have to deal with health and education, two areas where “the new apartheid” is most profoundly visible.

It is his book’s “generation­al mission”, he writes, to define for other researcher­s this “new apartheid”: “less potent, crude and obvious” than its predecesso­r, “but more durable, sustainabl­e and concealed. Oppression is harder to identify because it thrives under cover of the constituti­onal order.”

His proposal — he calls it a “provocatio­n ”— is that we “consider a new republic altogether”: one with the kind of significan­t constituti­onal reform that would enable radical social reform and economic redistribu­tion. “It is time for South Africans to realise that the noble experiment of the first republic has failed,” he writes.

Mpofu-Walsh critiques the “constituti­onal triumphali­sm” that privileges the constituti­on as the lodestar of our democracy, describing it instead — this is not a new idea, among his generation — as the product of a capitulati­on by the ANC to the representa­tives of white capital. He insists that he believes “in constituti­onal democracy”, but “I am simply not convinced that SA needs this and only this constituti­onal order forever”.

This goes further than merely amending the constituti­on to make our system work better: it reaches for a new “order”. In this way, Mpofu-Walsh’s vision is both

disruptive and Utopian, for it imagines “a new liberation movement, fixed on the ideal of a second, true independen­ce.” This places him in the redemptive, vanguardis­t tradition of the freedom fighters Tom Lodge writes about.

‘IT IS TIME FOR SOUTH AFRICANS TO REALISE THAT THE NOBLE EXPERIMENT OF THE FIRST REPUBLIC HAS FAILED’

The Red Road to Freedom helps us appreciate, today, the legacy of SA communism. Through the early work of comrades such as James La Guma — the primary architect of the notion of a “native republic ”— the Communist Party fused class struggle and racial struggle in a unique and appropriat­e way, encoding not only nonraciali­sm but antitribal­ism into SA’s DNA. But the SACP also entrenched Marxist-Leninist organisati­on in the ANC, exposed during Cyril Ramaphosa’s testimony at the Zondo commission last week.

The principles of “democratic centralism” endure through the workings of the ANC deployment committee, now in the service of cronyism and rent-seeking rather than ideologica­l mission.

The notion of “the National Democratic Revolution”, now empty ANC branding, was in fact an SACP innovation, from its landmark 1962 programme, “The Road to South African Freedom”. This “revolution” would liberate black Africans politicall­y before a later “transition to socialism”.

The SACP remains committed to this “two-stage” process, but now that it is both “mass-based” (you no longer need to be recruited and vetted) and entrenched in power, it has ceded its “vanguardis­t” role, writes Lodge: it no longer leads with ideologica­l clarity.

Rather, it is young intellectu­als of the Fallist generation who articulate the need to move to the second phase — Mpofu-Walsh’s “new republic ”— even if they do not use Marxist theory.

Recent books by two older SA radical thinkers offer a similar diagnosis of the “new apartheid”, but solutions that acknowledg­e continuity rather than propose rupture: the lawyer Tembeka Ngcukaitob­i and the academic Steven Friedman.

Both begin their books with a famous aphorism from the novelist William Faulkner: “The past is not dead. It’s not even past.”

Friedman, a seasoned and steadfast veteran of the Left, writes that “outsiders will win inclusion only if the elite and the society set out on a new path”. Ngcukaitob­i, perhaps the greatest South African lawyer of his generation, writes that “by hallowing the constituti­on” through the mindless singing of its praises, “we have hollowed out its true meaning”. But in these very words —“true meaning ”— he diverges from Mpofu-Walsh. Like Friedman, he understand­s the way the constituti­on was a messy and necessary compromise rather than a shining consensus — and both of them see not just value but solutions in this reality.

While Mpofu-Walsh sees the constituti­on as shiny new clothing dressing old colonial bones, Ngcukaitob­i understand­s it as “a guide for political action” — one that needs to be dusted off and put to work. While Mpofu-Walsh presents the contorted syntax of the constituti­on’s property clause as evidence of too much compromise, Ngcukaitob­i shows how the ANC did not capitulate, but hammered out the best possible bargain.

He argues, convincing­ly, that section 25(8) gives the state all the power it needs to expropriat­e without compensati­on: no amendment is needed. And even if it is amended, there will be no meaningful land justice without the political will (on this, he and Mpofu-Walsh agree).

“The constituti­on is the wrong target,” Ngcukaitob­i writes. “Postlibera­tion politics and the adoption of marketfrie­ndly policies have failed the constituti­on’s ambitious socially redistribu­tive and inclusive goals.” But the “legal constraint­s to government­al power” contained in the current formulatio­n are necessary: what has slowed land justice down is not this, but “design flaws in legislatio­n, inefficien­cies of the land administra­tion system, endemic corruption and the misapplica­tion of the constituti­on ”— a document which was “designed to be open-ended and transforma­tive”.

With a background in the labour movement, Friedman goes further.

Because we live in such a divided society, we must dispense with the myth of a social consensus and embrace the kind of compromise bosses and workers know only too well. If you want to get everyone in a society such as ours to agree, he writes, you will have “to suppress difference” :a “world without conflictin­g interests or values would not be Utopia” but one in which “selfexpres­sion would be so stifled that human life would lose much of its meaning. New orders can change some realities which governed the old, but not all of them”.

Given this dialectica­l understand­ing of change, the only way forward is through the kind of hard bargaining and inevitable compromise that underpin industrial relations.

Using the visionary work of Harold Wolpe from the early 1990s, Friedman argues that “a negotiatio­n process which recognises power relationsh­ips and seeks to shift them is a far likelier route to change than adopting policies and laws which wish them away.” (Tom Lodge also resurrects Wolpe — who had managed to escape arrest at Rivonia in 1964 — as one of the most creative and influentia­l thinkers of the SACP: he challenged party orthodoxy about the two-stage revolution, noting how difficult it was to disentangl­e race from class).

Both Land Matters and Prisoners of the Past are about much more than the constituti­on: Ngcukaitob­i provides an illuminati­ng narrative of land dispossess­ion and (failed) restitutio­n, and Friedman uses political theory to explain how we are stuck in old grooves. Mpofu-Walsh, too, considers the law as only one realm of “the new apartheid”.

But at the core of all three of their books is an attempt to grapple with how this country’s law connects the old order to the new one, and what should be done about it.

Mpofu-Walsh readily acknowledg­es that a “slide towards authoritar­ianism” might be the dangerous consequenc­e of revisiting the constituti­on, and would like to ensure that the rights of migrants, religious minorities, and LGBTQ people remain defended.

But by suggesting that “property rights should only be exercised in so far as they do not limit historical land justice”, and that the courts should have the right to override any private contract deemed unfair, he challenges some fundamenta­l principles undergirdi­ng liberal constituti­onal democracy. These include the guarantee of predictabi­lity that “the rule of law” provides, and the protection of the rights of individual­s against the exercise of state power.

He may well say “bring it on”: that we need a more collectivi­st understand­ing of dignity and equality, a more commandist approach to transforma­tion, than liberal democracy provides. Even if I accepted this philosophi­cally, I fail to see its prospects, in this place and at this time. I see far more possibilit­y in the way Ngcukaitob­i and Friedman understand the constituti­on: as a legal and moral framework that should not be tampered with in any way that might threaten fundamenta­l rights — rights that both enable and safeguard the hard bargaining necessary to bring about change.

There is a catch to this, ably captured by Friedman. Such bargaining cannot even begin until “the parties agree that change — and compromise — are needed”. Change only occurs “when there is pressure for it”, or when “a sense of crisis” provokes the key players into recognisin­g that “a new departure is needed”. This happened once before in SA: in the late 1980s and early 1990s, when “all the key interests recognised that change was necessary and a loud debate (in effect, an informal negotiatio­n) began” on how this should happen.

How much more of the chaos and desperatio­n that we saw in July is needed to create a similarly productive sense of crisis rather than the political paralysis in which we find ourselves — or the kind of populist foment that might nullify our rule of law?

In their book Cape Town in the 20th Century, the historians Vivian Bickford-Smith, Elizabeth van Heyningen and Nigel Worden note that the 1906 riots gave “a fleeting glimpse” of the poverty of Cape Town’s residents, broadening debates about poverty and prompting some legal reform and new philanthro­py. Last month’s events offered more than a “fleeting glimpse”, but they are already receding from the broader public view.

They demand radical, and thoughtful, solutions.

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 ??  ?? Bread riots: During the ‘hooligan riots’ of August 1906 the young James La Guma, stimulated by his discovery of socialism, was in the thick of the action.
/Cape Town in the 20th Century, Vivian Bickford-Smith et al, New Africa Books, page 34.
Bread riots: During the ‘hooligan riots’ of August 1906 the young James La Guma, stimulated by his discovery of socialism, was in the thick of the action. /Cape Town in the 20th Century, Vivian Bickford-Smith et al, New Africa Books, page 34.
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 ?? Images/Darren Stewart ?? Spoilers: A tragedy of the riots last month is the soiling of the tradition of liberation movement protest./Gallo
Images/Darren Stewart Spoilers: A tragedy of the riots last month is the soiling of the tradition of liberation movement protest./Gallo

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