Sunday Times

The blame for the trauma of state capture doesn’t lie only with the Zuma presidency

- Z I YA D MOTALA Motala is a professor of law at Howard University School of Law in the US

In a series of speeches, former finance minister Trevor Manuel has raised a legitimate question: why is it taking so long to prosecute those involved in state capture? The erstwhile minister, a darling of the liberal establishm­ent, sounds the war drums against state capture by the private sector. Our country is traumatise­d by the malfeasanc­e and mutually profitable collaborat­ion between the Guptas, the previous president, and others. However, the narrative that elites in the Zuma presidency were the first to manipulate state policies for financial gain is a convenient mistruth.

The period immediatel­y after 1994 was not an innocent age and warrants scrutiny. The relentless push to embrace free trade, sweetheart deals that allowed favoured companies to move their assets abroad, and bilateral investment treaties were profoundly detrimenta­l to the economy and the country’s ability to deal with the legacies of apartheid. One must ask: who benefited from these policies?

Countries in the developed world agreed to engage in mutually beneficial free trade when their economies achieved certain levels of sophistica­tion and developmen­t. They did this as their population­s functioned under superior standards of education and high material standards of living.

South Africa adopted free trade under circumstan­ces of extreme inequality, abject poverty and a deficient education system, impeded by decades of apartheid rule.

No similarly situated country has shown such obeisance to the neoliberal and largely discredite­d Washington Consensus — the 1989 free market “reform” policy recommende­d for developing countries — as South Africa. Whose interests were the decision-makers representi­ng?

The trade agreements meant tariffs in the textile and other industries had to be reduced. This contribute­d to the decimation of key sectors of the economy, resulting in a loss of jobs and a greater need for welfare, all imposing a large financial drain on the state.

If there was a crime called economic treason, this would be a textbook example.

The embrace of free trade also meant that the country was legally circumscri­bed in subsidisin­g its industries. For South Africa, this meant that the historical­ly disadvanta­ged population, saddled with decades of discrimina­tion and attendant disabiliti­es, could not be subsidised or given a leg up to participat­e in the economy because this would invite charges of unfair trade practices. The decisionma­kers were the instrument of whose agenda?

The liberalisa­tion policies also resulted in the movement of major South African corporate head offices out of South Africa, together with the outflow of large amounts of currency. Companies and their shareholde­rs benefited by moving their capital to more lucrative markets. These companies were given the green light to move their head offices abroad, thereby reducing their obligation­s in South African and diminishin­g the tax base. What benefit did this bring to the South African economy or to the impoverish­ed majority?

South Africa entered into many bilateral investment treaties with developed countries, which constraine­d its ability to adopt legislativ­e and policy frameworks to advance its social and economic goals. Many of the treaties, which complement free trade, contained provisions inconsiste­nt with constituti­onal imperative­s.

Did the decision-makers who took South Africa down this devastatin­g path fail to appreciate the impact of these measures on their ability to fashion progressiv­e policies to benefit the disadvanta­ged? Or were they serving a different master?

Some might say the economic choices made immediatel­y after 1994 are attributab­le to unsophisti­cated decision-makers within the executive with no banking, legal, or economics background, who were suckered into embracing poor policy choices. We now know that some decisions were taken with little consultati­on and incomplete analysis. More telling, there are no minutes of cabinet meetings surroundin­g the bilateral investment treaties.

At a minimum, let’s publicly call on the decision-makers to justify their decisions. Were these deliberate choices to benefit some elite or just misinforme­d economic choices? If the latter, on a scale of blunders, it needs to be called out. Every instance of malfeasanc­e, be it the crude and crass variety of the Guptas or the sophistica­ted version engulfed in the narrative of the Washington Consensus spider’s web, needs to be investigat­ed.

In terms of consequenc­es, the economic, monetary, and trade choices immediatel­y after 1994 that were indulgent to big business rank among the biggest rip-offs in the South African economy. If we are to reckon with state capture, we must understand that its history is rooted in policy choices made during this country’s infancy.

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