Sunday Times

Time to speak out when democracy is at stake

Members of the party can no longer follow party orders to remain silent on Nkandla, writes

- Denis Goldberg

Dear Comrade Secretary-General

IT seems to me that the demand from the national executive committee for silence in the ranks of the ANC is precisely the attitude that paved the way for the leadership, the NEC itself, the working committee, and the top six to allow our party to slide into disrepute.

Silence in the ranks might give the appearance of our movement “closing ranks”, but it amounts to condoning the failure of all our elected representa­tives to uphold and defend the constituti­on.

Now you call on us to keep quiet again. What we need, comrades, is openness. Why should we be afraid of frank discussion about dishonesty in our ranks at the highest level?

Many rush emotionall­y to accept the president’s belated apology. Yet, all his actions in response to the public protector’s report prior to the Constituti­onal Court hearing were to ignore that report or attempt to sidestep it. “I did not ask for the improvemen­ts. Why should I pay?” the president publicly declared.

Our minister of defence then misled parliament by stating that the president’s private homestead is a national keypoint and therefore was not subject to public scrutiny.

Our minister of police also generated a report rejecting the findings of the public protector.

Other representa­tives concocted unconvinci­ng explanatio­ns for what were clearly not improvemen­ts of the security features of the homestead. No one was deceived by these attempts to evade the public protector’s report. Please note that the president did not distance himself from these misleading statements. By his silence he approved of these actions . . .

The president himself instituted court actions, at the taxpayers’ expense, to avoid paying for the nonsecurit­y upgrades to his home and, in the process, undermined one of the most important constituti­onal defences of our democracy: the public protector as an institutio­n. As president, his office obliged him to defend that institutio­n. As a citizen, it is that institutio­n that secures his (and all of our) rights against government abuse, and he ought to defend it.

In the conflict of interest between himself and the state he consciousl­y chose to favour himself. That was improper conduct. His decisions to oppose the public protector’s ruling constitute­d an ongoing series of wrong decisions over several years. This was not one isolated incident.

The ANC parliament­ary caucus misguidedl­y voted to exonerate wrongdoing by a member of our party, our ANC. I hope they now feel some remorse for that embarrassi­ng error, which was a clear and conscious abuse of power to defend “one of our own” regardless of principle.

We who tried to raise questions on various matters employing the movement’s own internal communicat­ions channels, “keeping it in the family”, were ignored and not even given the courtesy of replies to our complaints. Our well-intentione­d adherence to discipline, I now believe, in reality served the unenlighte­ned, greedy protection of self-interest.

It is time to speak out, comrades! The democracy we fought for is at stake and our silence severely compromise­s our movement by implicatin­g it in ill-advised, self-serving options chosen by the president.

There was a time when the ANC held the moral high ground. But we are now repeating an error committed by parliament before. State funds were misused in the “Travelgate” scandal and then our MPs voted to exonerate themselves. Now you want us to keep quiet as you exonerate what were conscious and deliberate abuses of power at the expense of our democratic principles.

Comrades, take note, the guarantor of our democratic freedoms are the Chapter 9 institutio­ns; bodies empowered to interrogat­e government actions and offer the citizen an avenue for redress. That does not imply that they are infallible! But that is why the constituti­on makes provision for such decisions to be appealed and reviewed!

I, too, call on the president to do the morally right thing . . . We are called upon to rebuild the reputation of the ANC and our movement. We cannot pretend it has not been seriously damaged in the recent past. So, President Zuma, save us the continued embarrassm­ent by standing down.

I believe our supporters will respond positively to a principled rejection of dishonoura­ble and illegal conduct and the restoratio­n of the ANC’s reputation. Comrades, that demands new leaders who have not been utterly discredite­d. Yours sincerely A discipline­d veteran comrade, Denis Goldberg (Accused No 3 in the Rivonia Trial)

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