‘Shutdowns’ are not only unconstitutional, but ‘barbaric’
There is no better way to put this — the “shutdowns” in any form that we often see in our communities used as part of protest action against one thing or another, are not only unconstitutional, but barbaric.
This has nothing to do with those against these “shutdowns” being “keyboard activists”, comfortable middle class people staying in suburbs and not being affected by the squalor in the black communities or being beneficiaries of our neocolonial liberal settlement.
We may want to sound philosophically, politically and ideologically correct as much as possible on this matter, but the truth is these “shutdowns”, in any shape, form and size continue to seriously infringe on other residents’ and citizens’ human rights as enshrined in the constitution.
It does not matter if these “shutdowns” are organised by students, workers, or religious, sports, residents or concerned groups, organised labour or political parties — they are simply undesirable and we should not confuse these “shutdowns” with the right to protest.
We shouldn’t wait for people to die before we raise our voices.
Others may argue that the constitution is a direct product of a neocolonial liberal and negotiated settlement — granted.
However, the constitutional provisions as outlined in the Bill of Rights, Chapter 2, with specific reference to the following sections, Section 10 — on Human Dignity, Section 15 — on Freedom of Religion, Belief and Opinion, Section 16 — on Freedom of Expression, Section 17 — on Assembly, Demonstration, Picket and Petition, and Section 18 — Political Rights; do not make provision for any resident or citizen to infringe on others’ basic human rights as and when it suits him/her or his/her political agenda on the day. Historically, the Black Consciousness Movement (BCM) from time immemorial was vehemently opposed to the coercion of any resident and citizen to participate in any arranged stayaways, protest marches, mass actions, class disruptions and any other actions that sought to coerce people to join any planned mass action.
We all remember how during the times of some political parties “rendering the country ungovernable”, it led to the internecine black on black violence throughout the country; and it was the BCM members and supporters led by Azapo who became the worst victims of those political intolerances and coercion.
As indicated earlier, these “shutdowns” infringe on other residents’ and citizens’ basic human rights, it does not matter how revolutionary, radical or politically correct a person may want us to believe they are and how justified, legitimate and genuine are their grievances.
The sections of the constitution quoted above are not the only constitutional provisions that are violated during these “shutdowns”.
We have seen images of some private and public properties being destroyed, heard so many times how some students missed their scheduled classes or exams, employees not reporting for duty; and some missing their important job interviews, business and medical appointments.
The right to health care, food, water and security is also violated; how does a citizen in desperate need of access to health services get care when roads are blocked even for emergency vehicles?
Perhaps we need to seriously consider laying charges against the leaders of these “shutdowns” for the violation of other citizens’ human rights; and the associated destruction of both private and public properties.
In my view, leaders must be held responsible for their actions until we find a way that will ensure that the right of assembly, demonstration, picket and petition is done in such a way that residents’ and citizens’ human rights are respected through peaceful protests.
It is unfair for people to be inconvenienced over poor service delivery, unfulfilled election promises and failures by any of the local, provincial and national authorities.
Apartheid was a crime against humanity, brutal and barbaric.
It therefore does not make any sense for any self-respecting black leader to carry over some of these tactics and strategies that were used against an illegitimate apartheid minority regime in today’s neocolonial and liberal dispensation under the predominantly black government.
If there is an overwhelming support against the current government and a clear understanding that the liberation struggle promises were betrayed — simply change your vote, do not coerce and inconvenience those who do not support your actions.
Let me place this on record,
I have no qualms against any student, labour, civic, youth, church or political organisations organising a peaceful protest march, presenting a petition or memorandum of demands to any local, provincial and national authorities against poor service delivery, crime, wage/salary increases, unemployment, retrenchments, drug abuse, poor governance and so on; as long as these protest marches are organised by leaders who have an overwhelming legitimate support, are willing to take responsibility for identifying and isolating the criminal elements during these “shutdowns”, protest actions remain peaceful and there is no infringement on others’ basic human rights.
It is sad that in today’s politics you will not find any single black leader who will walk into a police station to lay charges against the leaders of these “shutdowns” or walk into the South African Human Rights Commission (SAHRC) to lodge a complaint against leaders of these “shutdowns” for the violation of other citizens’ basic human rights.
This is informed by the fact that some of today’s black leaders thrive on chaos and the populist ticket and their worst fear is to lose votes during elections, rather than laying a solid foundation for a better society.
The thought of losing their parliamentary seats, salaries and benefits is not even an option.
Until we have selfless black leaders at local, provincial and national level across political parties in all communities, universities, schools, labour unions, and so on, who are prepared to stand up and be counted — this barbaric vicious circle will not stop any time soon.
Lesego Sechaba Mogotsi, Azapo National Committee on Publicity
and Information member