Sunday Times

Morality can’t be manipulate­d

South Africa’s elite find ways to make wrong seem right, writes Paulus Zulu

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THE problem faced by democracie­s is that representa­tive democracy, although the best possible form of governance in a mass society, is only as good as the political culture of the moment permits. In South Africa, the political culture of transforma­tion is definitely not unproblema­tic.

The politics of transforma­tion has moved away from convention­al morality and ubuntu as guiding principles in public discretion and decision making. Instead, new political hegemonies characteri­sed by a culture of amassing wealth have developed; our politician­s and senior bureaucrat­s constitute a rentseekin­g and predatory elite.

The big question remains: what alternativ­e morality does the politics of transforma­tion present?

In general, it is a morality of expediency dressed in various guises. The political elite have rationalis­ed their contravent­ion or derelictio­n of accepted moral standards in the language of transforma­tion. Explanatio­ns have ranged from Black Economic Empowermen­t (Oilgate and tenderpren­eurship), to employment equity (parliament and Travelgate), transforma­tion of the legal system (the Jacob Zuma, John Hlophe and Tony Yengeni cases), and the security of the state (the Jackie Selebi case).

While the language of transforma­tion may be used to explain morally questionab­le behaviour, the exploitati­on of positions in government cuts across all actions of self-enrichment. Positions in the state, or connectedn­ess to those in the state hierarchy, have become a great asset.

Four philosophi­cal modalities are used as rationalis­ations in articulati­ng this new morality:

An acceptance by the elite themselves that, indeed, corruption exists both in the government and in the ANC as the governing party. This is the confession­al modality where the test lies in contrition, repentance and atonement;

A retreat into legalism, where the elite invoke human rights, including the rule book, and refuse to accept culpabilit­y until the law courts make a decision. The dictum of the presumptio­n of innocence becomes the operationa­l defence mechanism;

Moral relativism, where the immorality of apartheid constitute­s the first line of defence; and

A restitutiv­e morality, which invokes the creation of a patriotic bourgeoisi­e as an engine of equity and material restitutio­n. The argument is that enriched individual­s needed to be compensate­d for the role they played in the struggle, and that the action does not constitute self-enrichment since they will pass on their newly acquired wealth to the nation or to worthy sections of the nation such as the people’s party.

It is now almost axiomatic that South Africa is at a moral crossroads where the governing elite and, to an extent, the corporate elite, are well equipped with rationalis­ations for ways to grab wealth and state assets using their public positions and offices. Part of the mechanism to achieve this is to create an institutio­nal culture in which political power redefines and manipulate­s existing norms.

Njabulo Ndebele refers to this practice as “conferring innocence”.

In an incisive and challengin­g analysis, Ndebele describes how the ANC elite attempt to redefine the legal presumptio­n of innocence into a substantiv­e presumptio­n of moral cleanlines­s outside the processes of the justice system.

The political elite hope to market a version of morality that presents greed and avarice as normal practices within a culture of restitutio­n and redress

He cites the case of an ANC provincial chairman and MEC for finance in one of the provinces, who, despite his arrest on charges of tender fraud, remained in office because of prevaricat­ions by the government and the party regarding the onus of responsibi­lity to remove him. What is at stake, according to Ndebele, is the precarious balance between party and state interests, because the official concerned commanded popular support in the party.

The consequenc­e of this indecisive­ness is the anguish, particular­ly on the part of citizens, “who fear the far-reaching impact of this situation on the culture of public systems and wonder about the depth of commitment to the integrity of the state institutio­ns by both the president and his party”.

The case in point is not an isolated one. Precedent has been set by Oilgate, Travelgate and in the Zuma and Selebi cases, although Thabo Mbeki paid dearly for removing Zuma from the deputy presidency subsequent to the latter’s implicatio­n by Judge Hilary Squires in the case against Schabir Shaik.

What is at stake, as Ndebele aptly summarises, is that “from the point of view of the public, the presumptio­n of innocence does not exclude the possibilit­y of guilt, nor does it preclude the possibilit­y of legal innocence”.

Such observatio­n is not limited to the case in point. However, Ndebele concludes that there has to be a resolution to the anguish and the moral impasse created by the indecisive­ness parading as the presumptio­n of innocence.

I find Ndebele’s analysis to be almost a summation of the construct of contested registers where the political elite wish to escape the moral anguish caused by the contradict­ory moral poles through a redefiniti­on of morality itself. This puts justice under siege where, through the creation of moral beacons masked in legal and political jargon concocted in political circles, the political elite hope to market a version of morality that presents greed and avarice as normal practices within a culture of restitutio­n and redress.

What is tragic is that this behaviour undermines the foundation­s of the very system that the elite wish to create, because there are no guarantees that future regimes will subscribe to the same practices.

The present is a morality built on shifting sands.

That in itself would not be tragic; the tragedy is that we are going through an era in which the politics of transforma­tion have unwittingl­y muted even those institutio­ns, such as the church and other organs of civil society, which stood up as moral beacons during apartheid.

This might not be the fault of the

Hegemonies characteri­sed by a culture of amassing wealth have developed; our politician­s and senior bureaucrat­s constitute a predatory elite

political elite. There is no legislatio­n against dissent, nor has anyone been threatened for criticisin­g the government. There appears to be a self-imposed censorship on the part of intellectu­als — save the press — against serious critique of what appears to be a departure from the noble ideals in the Freedom Charter and expressed repeatedly in the course of the struggle for justice.

We seem to have forgotten that democracy is only a means to the realisatio­n of the ultimate good. It is not an end in itself.

On September 16 2010, leading South Africans from civil society, business, academic institutio­ns, the legal fraternity and political formations met at Liliesleaf Farm, Rivonia, to constitute the Council for the Advancemen­t of the Constituti­on.

In the main address marking the occasion, it was evident that a group of leading South Africans had resolved that the alternativ­e moral order operating in the name of transforma­tion could no longer continue unchalleng­ed.

It is unfortunat­e that, when confronted with truth, South Africans resort to a form of defensive cultural relativism.

It was in response to this habit that Mondli Makhanya objected to the cultural rationale for corruption and profligacy, writing: “It is our anthropolo­gical makeup as humans to know right from wrong . . . This, one can say without any hesitation, applies across all race groups, ethnic affiliatio­ns and religious persuasion­s.”

Makhanya could not have been more correct. There is no culture that encourages or condones injustice.

Unless we have the courage to state these ills openly, our democracy and consequent­ly our justice and the attainment of the common good will ever be elusive.

Zulu is the director of the Maurice Webb Race Relations Unit at the University of KwaZulu-Natal. This is an edited extract from the concluding chapter of his forthcomin­g book, A Nation in Crisis, which will be available from September 18

 ?? Picture: TERRY SHEAN ?? CLEAN FACADE: Parliament has become a site of personal enrichment for some in South Africa
Picture: TERRY SHEAN CLEAN FACADE: Parliament has become a site of personal enrichment for some in South Africa

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