EDITORIAL FOCUS Editorial Debating ANC policy manoeuvres By Raenette Taljaard

outh Africans are currently focused on the intrigue of ideas”. Importantly, Netshitenzhe also noted that the surrounding the succession struggle within the ANC had to decide what kind of party it wanted to be — S African National Congress (ANC). Ironically, a mooting a possible social democratic trajectory — before it number of fairly dramatic policy shifts are occurring with- could decide who should lead it. His comments underscore out being given the attention they deserve. the importance of policy over individual candidates. At least three recent events are noteworthy. First, dra- Policy has increasingly become an arena of struggle matic changes have been effected to immigration laws in the succession debate, as was seen recently at the 9th that will allow the Joint Initiative on Priority Skills Congress of South African Trade Unions (Cosatu) Acquisition (Jipsa) to take root with the two-year limit on Conference. Fiscal conservatism and the Growth, the tenure of foreign workers to be doubled. Secondly, Employment and Redistribution strategy (Gear) were prospective changes to Black Economic Empowerment referred to derogatively as the “1996 Class Project” that (BEE) Codes will introduce the “once-empowered, always was unilaterally adopted in 1996. In addition, Gear’s empowered” principle, aiming to ensure that BEE part- successor, AsgiSA, was sharply criticised by Cosatu ners are not locked into corporate deals indefinitely. General Secretary Zwelinzima Vavi in his socio-econom- Thirdly, efforts to manage the HIV/Aids pandemic have ic report. The South African Communist Party’s Blade been bolstered by the candid comments of Deputy Health Nzimande has called for the Freedom Charter to guide Minister Nozizwe Madladlana-Routledge, who is now the economy, entirely ignoring the country’s bedrock ably assisting Deputy President Phumzile Mlambo- constitution in the process. Ngcuka in her new role as the government representative On economic policy in particular a number of interesting, responsible for this critical sphere of healthcare. insufficiently debated, challenges are emerging, including: These policy alterations point to an important princi- ‹ comments on inflation-targeting by key government ple: the need to keep a focus on policy more than on per- advisers advocating a focus on the exchange rate that sonalities in the months ahead. Whilst the ANC national conflicts with recent International Monetary Fund conference, where the next president of South Africa will (IMF) advice on monetary policy urging the credibili- almost certainly be chosen, is of cardinal importance, the ty of the framework; policy conference scheduled for June 2007 has not attract- ‹ recent IMF counsel that favours continuing a conser- ed the same calibre of interest. Whoever emerges tri- vative approach to public expenditure despite a pro- umphant as the presidential successor will largely be con- jected budget surplus that is largely based on strong strained by the overall policy choices the ANC makes in revenue performance; the context of the policy conference — an important factor ‹ the possible use of tax incentives to leverage certain virtually absent from discourses on succession. sectors of the economy as part of AsgiSA despite Indeed, as Deputy President Phumzile Mlambo-Ngcuka National Treasury arguing that such incentives distort recently told the 5th Economist Business Roundtable: “If the the economy and are arguably against WTO rules. ANC wins the election, we will continue. All those who want South Africa’s search for an enhanced macro-economic to be in power are committed to following these policies”. reform model contains many policy challenges. Crucial It is in this regard that it is important for all intellectu- decisions will be probed at cabinet level and will further als, political parties, agents in civil society and others to be the subject of contestation among tripartite alliance pay close attention to the call by presidential policy guru allies at the ANC policy conference. Joel Netshitenzhe for a “festival of ideas” (Joffe, Hilary, Whichever casualties there may be in the succession “Debate policies, not people”, The Weekender, 21 October debate, these casualties must not be policies that are cru- 2006). Economic policy, government capacity and the three- cial to maintaining the relative economic and political sta- tier structure of government are all subject to this “festival bility South Africa has managed to achieve in 12 years. ‰

Articles published in Focus do not necessarily represent the opinions of the Foundation’s donors or of its patron, Mrs Helen Suzman

HELEN SUZMAN FOUNDATION Focus 44 2006 1 FOCUS LOCAL GOVERNMENT

Mayor Zille survives dubious manoeuvres

his City Works for You pro- Democratic Alliance’s (DA) first tenure nounces the self-satisfied slogan in the city. The political effects of the T of the city of Cape Town. Just protracted demise of the New National Jonathan Faull who “You” is, is an uncomfortably impor- Party (NNP), further floor-crossing dissects political tant question, not easily answered. conundrums, and the democratic imper- Peeling away years of abstruse discourse atives of the ballot box removed African turmoil in Cape and unaccountable political manoeu- National Congress (ANC) mayor vring reveals the collective political lead- Nomaindia Mfeketo from office. Member Town and ership of the city, and its bedfellows in of the Executive Committee (MEC) for concludes the provincial and national politics, as a cen- Local Government, Richard Dyantyi’s tral player in the city’s malaise. The ver- proposal to change the “type” of execu- in-fighting in the itable political football of inter-, and no tive in the city, the latest offensive in the less importantly, intra-party politics, perennial war for Cape Town, sputtered ANC helped Cape Town runs the very real risk of to a damp halt in October this year. Helen Zille stave becoming the city that good, democratic, Under the provisions of section 16 (1) accountable and transparent governance of the Municipal Structures Act (MSA) off a political coup forgot; a city where substantive delivery the relevant MEC in any given province to citizens is forever mortgaged to the is empowered “by notice in the provincial aimed at whimsical Stalinism of party politics. gazette” to “amend a section 12 notice [to Since December 2000 the most salient inter alia] change the municipality from dislodging her features of Cape Town’s political land- its existing type to another type”. as mayor scape have been seemingly perpetual Complementary legislation in the form political instability and administrative of the Western Cape Determination of and bureaucratic turmoil. Five mayors, Types of Municipalities Act (2000) an acting mayor, four municipal man- frames the “types” of municipalities that agers, an acting municipal manager, five the MEC can proclaim; both the restructuring initiatives, four govern- Executive Mayoral and Executive ments, two multi-party coalitions, a high Committee systems are included in the turnover of senior civil servants and the designated “types”. Such an action can contingent haemorrhaging of skills and only be enforced after publication in the institutional memory — this is the lega- Provincial Gazette, a reasonable period cy of six years of “democratic” local gov- for public consultation, consultation with ernment in the city. Cynicism and apa- organised local government (the South thy abound, while political divisions and African Local Government Association communal distrust deepen in the midst — SALGA) and the municipality con- of a developmental crisis the city has all cerned (MSA section 16 (3)). but failed to address. In metro municipalities where a Internal political upheaval, fraud, Collective Mayoral Committee is imple- farce and ultimately floor-crossing — an mented the MSA legislates that the com- expedient political arrangement initially mittee must comprise ten people and that supported by the official opposition and representation must be in proportion to government alike — scuppered the the broad balance of partisan interests

2 Focus 44 2006 HELEN SUZMAN FOUNDATION Winners all: Western Cape Premier Ebrahim Rassool, his MEC for Local Government Richard Dyantyi and Mayor Helen Zille enjoy a laugh together... while they can represented in the given council. In March 2006 the voters of Cape Town delivered an ambiguous mandate: the DA won the plurality of the vote with © AMBROSE PETERS SUNDAY TIMES © AMBROSE PETERS SUNDAY 41,85 per cent, the ANC won 37,91 per cent, and the Independent Democrats (ID) 10,75 per cent. This translated tive power of both the ID and the ANC. terised the central fissure within the into representation of 90 councillors On the surface the move resem- Western Cape ANC as one relating to for the DA, 81 ANC, and 23 ID, with bled a crude power grab, exercising race, or “the national question”, as it six smaller parties holding the bal- legislation created to form govern- plays itself out in the context of the ance of 16 seats in the 210 seat cham- ments, not dissolve them. But behind province. The truth is far more com- ber. The DA has since increased its the sound bites and posturing, a very plex, relating to the strategic direction representation by one seat, having different set of imperatives drove the of the party in the province, but rela- successfully contested the ID’s March initial proposal, and the compromise tions between the two factions remain 2006 Tafelsig victory in a subsequent that scuppered its implementation. bitter and highly personalised, with by-election. The provincial executive committee key players routinely working to Had the proposal been implement- (PEC) of the ANC in the Western undermine comradely opponents ed a literal interpretation of the leg- Cape held an extended meeting with through critical off-the-record briefin- islation would have resulted in a col- provincial government, national exec- gs to the press. lective executive comprising 4 DA, 4 ANC and 2 ID, effectively annulling Cape Town risks becoming the city that democratic, accountable the DA’s executive power should the and transparent governance forgot; a city where delivery is ID and ANC act in concert. However, a High Court ruling, ironically a con- forever mortgaged to the whimsical Stalinism of party politics sequence of DA-led litigation against the ANC, changed the equation. The utive committee members, and the The “proposal” to change the type ANC had excluded the DA from president of the ANC, Thabo Mbeki, of municipality in Cape Town from structures following its divorce from over the weekend of 27 August 2006. an Executive Mayoral system to a the NNP and that party’s subsequent An item only implicit on the agenda Collective Executive Committee was alliance with the ANC. The High was the continuing divisions within first mooted in April following the fail- Court ruling would have given the the Western Cape ANC. ure on the part of the PEC, in March, mayor, Helen Zille, significant discre- Former provincial chairperson of to negotiate with minority parties to tionary powers in choosing the com- the ANC in the Western Cape, form a sufficient bloc of votes in coun- position of the collective. This, no Ebrahim Rassool, is premier of the cil to win executive power in the city. doubt subject to lengthy litigation, province and is surrounded by key Advocates of the move cited support could have resulted in the DA retain- allies, including Dyantyi, in his from “national office bearers” of the ing a majority, and holding all signif- provincial government. Rassool was party at Luthuli House. icant service delivery portfolios on ousted as provincial chairperson at an In the run-up to the August PEC the collective executive, while the acrimonious provincial congress in meeting, fearing that the matter ANC and ID could have been relegat- 2004 by a faction within the Western would be tabled for the president’s ed to minority positions on the com- Cape ANC coalescing around James consent, opponents of the move agi- mittee with little functional power. Ngculu (incumbent provincial chair), tated for the minister of provincial But, suffice it to say, had the provin- Mcebisi Skwatsha (provincial secre- and local government to brief Mbeki cial fiat been executed, it would have tary), and Max Ozinsky (deputy about the move and its implications resulted in the effective ousting of the provincial secretary and chief whip of prior to his visit to Cape Town. incumbent DA-led seven party coali- the ANC in the Western Cape legisla- Ultimately, for reasons unknown, tion, and the shoe-horning into execu- ture). The press has routinely charac- the president was not briefed. When

HELEN SUZMAN FOUNDATION Focus 44 2006 3 Mayor Helen Zille has proved herself to be tough and resilient

endorsement of the move, and more On Wednesday 15 September evidence of Mbeki’s alleged anti- 2006, news was leaked to the Cape democratic tendencies. newspapers that MEC for Local Ultimately, it was another discus- Government in the Western Cape, sion at the PEC meeting that gave the Richard Dyantyi, was contemplating proposal momentum. A central griev- exercising his prerogative, as per the ance of the ANC rank and file is the relevant legislation, to change the relationship between ANC-led state type of municipality in Cape Town. structures and ANC constitutional Given the enmity with which the structures. Aggrieved members assert Cape media is generally regarded by that government is insufficiently the PEC, it seemed unlikely that the accountable to the ANC as a party, leak was intended to publicise the and that it often implements policies move, more likely it was meant to at odds with the principles of the hijack the initiative before its

© ELLEN ELMENDORP IAFRIKA PHOTOS movement. The matter is pivotal in impending announcement. the critiques of the Congress of South Concurrent to a vociferously crit- African Trade Unions (Cosatu) and ical news cycle, Richard Dyantyi the matter was raised at the meet- the South African Communist Party approached the national minister, ing, Mbeki, despite not knowing the (SACP) of the malaise within the Sydney Mufamadi, in Pretoria on 19 details of the issue, must have been alliance and the ANC more generally. September 2006, in the context of a aware that the matter was poten- It was central to the grassroots rebel- regular meeting of the minister and tially divisive and would have sig- lion at the ANC’s national general the nine provincial MECs (MIN- nificant repercussions. As a conse- council (NGC) in 2005, and has played MEC), to urge the minister to inter- quence he avoided participation in itself out as part of the conspiracy the- vene to derail the move prior to any the discussion, and did not pro- ory relating to the abuse of state struc- formal announcement. The crux of nounce on the matter. His presence tures by elements within the state and the MEC’s prescient argument was at the meeting, however, would the ANC to politically neutralise the that the proposal would likely later be cited by Tony Leon as suffi- prospects of a Jacob Zuma presidency. result in an intergovernmental dis- cient proof of the president’s Given the broader context, and pute, which the minister would ulti- the resonance of grievances particu- mately have to mediate. Rather lar to the Western Cape with nation- have the minister kill the matter al ANC imperatives, it was unsur- now, and mitigate all the tangential prising that the extended committee mudslinging and critical public per- resolved, unequivocally, that ANC- ception, than be forced to intervene led institutions of government are further down the line. Again the directly accountable to ANC party politics of the ANC came into play, structures. In the context of the and in order to avoid the perception Western Cape, it was further assert- that state power was being abused ed that should the provincial govern- to undermine an ANC initiative, the ment receive a clear mandate from minister declined to intervene. constitutional structures to imple- On Monday 19 September, while on ment a particular policy or directive, government business in Oudtshoorn, the government is bound to do so. Dyantyi formally announced the pro- Unsurprisingly, the PEC subse- posal to change the system of execu- quently issued a clear directive to tive power in the city, citing the need Dyantyi to exercise his powers to for inclusive government in the midst change the type of municipality. of a deeply divided city, with pressing

National Minister of Provincial and Local Government, Sydney Mufamadi, acted as an honest broker

Focus 44 2006 HELEN SUZMAN FOUNDATION © SYDNEY SESHIBEDI SUNDAY TIMES © SYDNEY SESHIBEDI SUNDAY LOCAL GOVERNMENT FOCUS

developmental concerns. The initiative representative and inclusive govern- of municipalities to manage their put in motion a process of inter- ment, it would have been argued, did own affairs, to exercise their powers governmental, inter-party and intra- not constitute a failure to implement and perform their functions”. party realpolitik. an executive function. Significantly, Section 151 (4) of the At the Civic Centre, Helen Zille Moreover, section 41 of the con- constitution holds that “the nation- sought legal advice. Advocate Wim stitution requires that the three al or provincial government may not Trengove, arguably the finest consti- spheres of government “must [inter compromise or impede a municipali- tutional mind in private practice, alia] respect the constitutional sta- ty’s ability or right to exercise its offered his services to the city to con- tus, institutions, powers and func- powers or perform its functions”. test the issue should it go to court. Legal opinion held that the move The establishment of ward committees would have been was contestable on a number of necessitated by legislation and should not be considered a fronts: while the MSA and comple- mentary legislation enabled the “compromise” as the city was required to do it anyway MEC to change the type of munici- pality, this legislation has to be read tions of government in other The constitution also holds that in line with the constitution. In this spheres; exercise their powers and “an organ of state involved in an regard, section 139 of the constitu- functions in a manner that does not intergovernmental dispute must tion enjoins the relevant MEC for encroach on the geographical, func- make every reasonable effort to settle local government to intervene in tional or institutional integrity of the dispute… and exhaust all other municipalities only where that enti- government in another sphere; and remedies before it approaches a court ty “cannot or does not fulfill… execu- co-operate with one another in to resolve the dispute” (41(3)). tive obligation in terms of the consti- mutual trust and good faith…” As a consequence, it was not sur- tution or legislation”. The political Section 154 (1) requires that prising that the city was confident and sociological imperatives articu- “provincial governments… must that, as a final resort, court action lated by Dyantyi to encourage more support and strengthen the capacity would find in its favour. This would

The DA-organised march for democracy signals its determination to resist the ANC’s dubious motives © ELLEN ELMENDORP IAFRIKA PHOTOS FOCUS LOCAL GOVERNMENT

also have the political effect of of the compromise being tailored by areas to seven, and a commitment undermining the ANC, and vacat- three people essentially opposed to on the part of the city to initiate the ing the moral high ground to the the original proposal itself. foundation of ward committees DA. At the same time civil society, The aim of any intergovernmen- across the city. Ultimately, the the ANC’s partners in the provin- tal mediation relating to a potential establishment of ward committees cial tripartite alliance, and domes- or real dispute, as per the would have been necessitated by tic and international media all came Constitution, should “settle the dis- existing legislation and should not out in opposition to the move. The pute”. In light of the fact that the be considered a “compromise” as the effects of two Washington Post arti- DA and the city stood to retain the city was required to do it anyway. cles, CNN and BBC bulletins, refer- status quo had the matter gone to Everyone walked away claiming vic- ences to the move in the Spectator, court meant that that party was tory — the minister avoided an inter- the Daily Telegraph and the very unwilling to trade any signifi- governmental dispute, the DA remains Guardian, and disquiet within the cant concessions. However, the DA in executive power, and the MEC won diplomatic community, would have was increasingly concerned about concessions relating to sub-councils. been of concern to a national gov- the long-term effects of a divisive The real losers are the original backers ernment and ANC leadership proud political battle, and the extent to of the move, the ANC PEC, who over- of their international credibility. which this would curtail Zille’s abil- reached, risked, and lost. The composite effects of protracted ity to visit and address communities All three of the significant politi- legal action, contingent administrative traditionally outside of the DA’s cal actors in the province, the ANC, chaos and uncertainty, and a growing constituency. Concurrently, the DA and ID, remain internally divid- ed between evenly balanced fac- Aggrieved ANC rank and file members assert that government is tions: While the latest battle in the war for Cape Town was comprehen- insufficiently accountable to the ANC as a party, and that it sively won within the ANC by those implements policies at odds with the movement’s principles allied to the premier, the PEC retains the mandate of the provin- public relations disaster would not prospect of losing everything in a cial membership to direct political have been lost on Dyantyi and highly publicised and protracted programmes. The ID fulfilled the Mufamadi’s offices. A compromise court case, which would necessarily role of a comedic sideshow through- would have to be found allowing for undermine governance and admin- out the latest fandangle, executing the province and the ANC to save face. istration in the city, meant that the fabulous political flip-flops and A confusing cycle of discourse ANC and the province were very flights of fancy throughout. commenced with off-the-record willing to compromise. For the lat- Disciplinary proceedings are com- briefings emanating from ANC ter, saving face became the priority. mencing against at least seven of the national head office that were A subtext to the initial proposal was ID’s city caucus on allegations of dis- extremely critical of the move. Yet, a very valid criticism of the city’s demar- loyalty and bringing the party into week later the NEC did not engage cation of sub-councils. The nub of the disrepute. Expect the proverbial with it. A cabinet statement to the ANC’s critique was that sub-councils explosion from within that party effect that the province should deal were overwhelmingly racialised, and when the municipal floor-crossing with it followed, but the next day consequently would perpetuate the window rolls into view next year. Minister Mufamadi announced his spatial, social and economic perver- Within the DA, Helen Zille remains intention to intervene to avoid an sions inherited from apartheid. A sec- extremely unpopular with the pre- intergovernmental dispute. ond criticism related to the numbers of dominantly Afrikaans-speaking, for- The move on the part of Mufamadi wards lumped into “African” sub-coun- mer NNP activists who deliver power placed the matter firmly within the cils, which far outweighed the num- to the party in the province. ambit of the institutions of state, and bers of wards gathered into “white” For fans of the dark arts of politi- relegated party political structures to sub-councils. cal fratricide, the Western Cape the chattering classes. Importantly, In the final analysis, “compro- remains the place to be. For citizens by initiating a process of mediation mise” on the part of the DA entailed wanting efficient, effective, account- between the city and the MEC, the agreeing to add two additional sub- able and transparent government, ANC PEC was marginalised from councils in African areas, in turn underpinned by visionary and unit- direct participation in the unfolding increasing the number of sub-coun- ing political leadership, another resolution. This had the ironic effect cils in traditional ANC-supporting province might be a better option. ‰

6 Focus 44 2006 HELEN SUZMAN FOUNDATION INTERVIEW FOCUS Questions and answers: Judge Bernard Ngoepe

Judge President of the High Court, Transvaal Provincial Division, and Judge of the African Court on Human and © MUNTU VILAKAZI SUNDAY TIMES © MUNTU VILAKAZI SUNDAY People's Rights

In an interview in the Sunday Do you believe that the South the best lawyers, than the best con- Independent in July this year you African constitution strikes the stitution with the worst lawyers. said that the level of crime in right balance between the rights Barring perhaps a few instances, I South Africa is the greatest threat of the victims of crime and the do not think additional legislation is to the fundamental rights of its perpetrators of crime? If not, what necessary to effect the balance. We citizens. Would you like to elabo- additional steps can be taken, per- must just be careful not to interpret rate on this view? haps in terms of national legisla- the constitution in a manner that I had in mind the prevalence and tion, to provide additional safe- will cause the general populace to gravity of crimes committed. guards and/or specialised forms of blame it for all the problems; we Remember even petty theft, assault assistance to the victims of crime? should not alienate the constitution or insult violates someone else's fun- The constitution itself is fine. The from the people. The interpretation damental rights; not to speak of say real question is whether we interpret and application of the constitution rape, murder and other serious it correctly. Remember that an iden- must be informed by realities on the offences. Rape and murder are the tical provision in different constitu- ground, and not by a need for the oft- worst violations of human rights. tions is sometimes interpreted differ- repeated flattery that ours is the best Rape violates the victim's dignity and ently. That is why you find that in a constitution in the world. We cannot in murder, human life, the most pre- country in which the right to life is operate with or under classroom cious thing, is lost. How many of guaranteed by the constitution, they interpretations of the constitution these incidents occur daily in our still uphold the death sentence while which are devoid of pragmatism. midst? The security of an individual it is not the case in the other country is fundamental. Is there anyone with a similar provision. It is largely Crime in South Africa seems to be walking around without any fear of about how or to what extent you accompanied by levels of gratu- crime? We need to have a zero toler- apply the limitation clause. I would itous violence and brutality. What ance for crime. rather have a bad constitution with do you think the reasons could be

HELEN SUZMAN FOUNDATION Focus 44 2006 7 FOCUS INTERVIEW

for such levels of violence? Are we As the case affected me personally, I The African Court on Human and a brutalised society by virtue of think it would be inappropriate for People's Rights is a regional court our past or is there more to it? me to comment. that rules on African Union states' Perhaps this question is for sociolo- compliance with the African gists and criminologists to answer. As a matter of principle, do you Charter on Human and People's One thing is certain though: unem- believe it was correct for a judge Rights. You are one of the first 11 ployment and poverty cannot, in my to open up a matter that was cate- judges to be elected to the new view, serve as justification for gra- gorically decided by the structure that was formed with tuitous violence and brutality; note Constitutional Court in 1995? the merged African Court of the use of the word gratuitous. If Should judges open areas of the Justice, in January this year. you rob somebody of a cellular tele- constitution and/or rulings of the What are some of the core chal- phone, maybe it is because you are Constitutional Court to such lenges and opportunities that the unemployed and poor, and you can- appeals for redrafting? Judge Court faces? not afford one or you want to sell it Hattingh said: "If all else fails, the It appears that a lot of ground work to get some money. But why, after constitution should be rewritten. has to be done to, as it were, opera- taking it, shoot the victim dead? What the people want must tri- tionalise the court. It needs its own Poverty is not a new thing; it has umph." Is this not a form of judi- budget, which it presently does not always been part of the human race. cial populism? have. The African Union needs to pro- Reacting to comments linking crime Again, the case was too closely linked vide funds, to demonstrate its seri- with poverty, The Citizen newspa- to me personally, and I should refrain ousness and commitment to issues of per (30 October 2006), under the from commenting directly on what human rights. The court will have to heading "Poverty is no excuse" in its Judge Hattingh said. I must, however, adopt a robust attitude to ensure editorial, remarked: "But there is caution against sacrificing a very effective protection of human rights. poverty all over the world without important judicial practice: it has It also needs to develop a truly such endemic crime and violence... always been the practice that where a Afrocentric human rights jurispru- We can't blame poverty for our soci- judge sees some injustice or a short- dence, while no doubt also learning ety's sickness." Years ago I attended coming in the application of an existing and borrowing from elsewhere. It is the funeral of a young attorney. law, about which they cannot do any- an opportunity which the founding Criminals had entered his house thing, they would ask the legislature to judges should make use of to build a and demanded his car keys; he intervene in order to remedy the situa- solid foundation for a continental obliged. As they were about to get tion. I myself have done so in the past. human rights jurisprudence. out of the door, one of them said: After all, judges are involved in the "Let us shoot him." They shot both daily practical application of the law; You have been appointed for two him and his heavily pregnant wife. who is better placed to pick up and years. What are some of your per- He died, but the wife survived to point out any injustice which requires sonal goals and ambitions for tell the story. They took away the legislative intervention? I do not think your tenure? car anyway. His murder and the there should be "no go areas"; as long I would like to be able to say that I shooting of his wife were acts of as the judicial authority (of any court, have made some contribution towards, sheer gratuitous brutality and vio- not only the Constitutional Court) is firstly, setting up the court and, sec- lence. Criminals should not get an not undermined by that kind of call. It ondly, meeting at least some of the impression that there is an excuse is not for me to say where Judge challenges I have referred to above. for gratuitous brutality and vio- Hattingh's remarks fall. Judge lence. No excuse should be found to Murphy of my court wrote a long arti- The Protocol on the Rights of palliate their conscience. cle in the Pretoria News (6 October Women is still very new but con- 2006) to say that Judge Hattingh's tains core provisions on the role You have refrained from com- remarks were neither non-judicious and rights of women. Will this be a menting on Judge Gerhardus nor untimely. As long as there is gratu- new and exciting area of jurispru- Hattingh's call for a referendum itous brutality and violence, the debate dence for the court? on the death penalty during the will go on; I suspect that it is triggered The Protocol on the Rights of recent sentencing decision. Do by a sense of revulsion against that Women will be an exciting area of you have specific views on the kind of brutality and violence. jurisprudence for the court. But matter that you would like However, I choose not to be part of the given traditions and cultures on the to address? debate for obvious reasons. continent in terms of which women

8 Focus 44 2006 HELEN SUZMAN FOUNDATION INTERVIEW FOCUS

have been oppressed and relegated go into details on possible collabora- sentence was that a "life sentence" was to the background for centuries, the tion or sharing of jurisdiction there as an effective alternative to court's task is also going to be a between the ICC and the African remove the criminal from society. As challenging one. It would have to Court; except to say that, obviously, matters stand, there is an impression reconcile some of these practices, if there will have to be some alignment in the minds of some that it serves no possible, with the imperatives of the of criminal jurisdiction. purpose to report a crime, because the protocol and indeed those of the criminal would be out soon anyway, Charter on Human and People's If you were to be called in as a irrespective of the sentence. We prohib- Rights. The same applies to the pro- consultant to review the entire it people from taking the law into their tocol on children's rights. criminal justice cluster tomor- own hands and, largely, they accept row, what would be the five key that; but that is on the understanding In respect of the protocol specifi- recommendations you would that the courts would determine an cally, you have commented in the make to improve the functioning appropriate sentence which will also interview with the Sunday of the system in order to lower serve as punishment for offending Independent, referred to above, the incidence of crime? against society. A particular period or that, "As it stands, and regarding My knowledge of the criminal justice term is determined by the court after the protocol literally, I do not see system is limited to the judicial aspect very careful consideration, and is any individual being able to of it; both as Judge President and, with also often confirmed on appeal. access that court". Will this matter regard to the lower judiciary, as Thoughts abound. Yusuf Abramjee of locus standi detrimentally Chairperson of the Magistrates (Pretoria News, 14 November 2006) affect the enforcement of the pro- Commission. If I were to review the writes as follows about the impor- visions of the protocol if individu- entire criminal justice cluster I would tance of the element of deterrence: als cannot seek redress through therefore start off by calling for a lek- "Investigating, charging, arresting the courts? gotla of all stakeholders (the police, the and convicting wrongdoers are The fact that individuals may not legal professions and even Correctional admirable. But ensuring that the have locus standi may indeed Services) for input. To lower the inci- punishment meted out is appropriate undermine the effectiveness of the dence of crime not only must criminals to the crime and acts as a deterrent court as a protection mechanism. know that they will be arrested, but is just as important. Part of this is But a question arises as to whether also that, if guilty, they will be convict- being excluded from society. the court could cope if it were to be ed and appropriately sentenced. The South Africa's sentencing and parole accessible in that manner. parole system is a necessary mecha- conditions must be re-examined. Presumably, restriction of access is nism; but it cannot be used solely for Prison terms, whether 15 years or on the premise that there will be the purpose of alleviating crowding in four, must be that — not a few years appropriate mechanisms in each the prisons. That would constitute an or a few months." member state to protect individuals. ulterior motive coming very close to As far as strengthening the judiciary defeating the ends of justice or under- is concerned, it is important to make Given the ongoing conflicts and mining the authority of the courts. It is working conditions attractive. We need efforts at peace in many AU now being suggested that some of the to attract the best candidates for states, and the interest of the people serving a so-called life sentence appointment as judges. Fighting crime International Criminal Court in will be eligible for consideration to be successfully is not going to come cheap. some of these conflicts and possi- released on parole after 15 years; much ble human rights abuses, what earlier than it is now the case. It is Is there a way in which the new role could there be in the future, accepted that this would not be done initiative of Business Against if any, given the jurisdictional irresponsibly; but how much of the Crime to support government's provisions of the Rome Statute, deterrent element of a "life sentence" crime efforts can be of specific for interactions between the would remain? Secondly, we must be assistance to the courts in South African Court and the ICC? careful not to undermine people's confi- Africa and to the administration While a decision has been taken to dence in the administration of justice. of justice? If so, in what way? merge the African Court on Human Is "life sentence" to become increasing- I will only speak from the point of and People's Rights with the African ly less and less of a "life sentence"? Is view of the courts. I am sure Court, the merger has not yet been there, in any case, such thing as a "life Business Against Crime can, inter implemented. The 11 judges appoint- sentence"? Remember that one of the alia, help with providing resources ed are for the former court. I cannot considerations for abolishing the death towards judicial training. ‰

HELEN SUZMAN FOUNDATION Focus 44 2006 9 FOCUS ELECTORAL REFORM

“Time for the stalwarts of the UDF to govern”

member of the old United National Union of Mineworkers. Lekota Democratic Front (UDF) senior may be handicapped by memories of his A leadership may emerge as a failure to declare his business interests to Since 1994 a strong and even winning candidate in parliament, as required by a cabinet min- prison graduate the succession struggle in the African ister, despite the fact that he has long National Congress (ANC), author and since been reprimanded and disciplined. (Nelson Mandela) political analyst Frederik van Zyl Sipho Seepe, academic and writer, Slabbert predicts. adds a caveat to Van Zyl Slabbert’s pre- and an ANC exile Reasoning that two of the three com- diction.2 “It is a gamble for the old ponents of the ANC leadership, the UDF… to wait so long to present a candi- (Thabo Mbeki) Robben Island prisoners and the exiled date… To come at the end is very risky, have occupied the leadership corps, have provided the first especially where the trade unions form two post-apartheid party and national the core of the [ANC]. They will go to presidency. It is presidents, Van Zyl Slabbert reckons the [the conference] saying of Zuma, ‘We time is now propitious for a former mem- know where he stands’. Another [rival] now the turn of a ber of the UDF to fill the top slots. “I candidate needs to come now in order to former UDF have a fascination with the old UDF gain credibility.” high command and surmise that mid- On the succession issue it is interest- pioneer to do so. next year someone will pop out of the ing to note that in their discussion woodwork as a potential candidate”, he paper entitled Contextual considera- That view emerged says. “Zuma will have to do serious work tions in addressing challenges of lead- at a roundtable (to retain his present position as the ership, Joel Netshitenzhe, Enoch leading candidate).”1 Godongwana and Mandla Nkomfe debate organised If Van Zyl Slabbert is correct, there are envisage a situation in which President three prime potential candidates from the Mbeki is re-elected as ANC president in by The Helen former UDF: Trevor Manuel, Cyril 2007, subject to a strongly emphasised Suzman Ramaphosa and Mosiuoa Lekota. They clarifying statement that there is no are, respectively, the minister of finance, a intention to modify the constitution to Foundation. high profile businessman and former ANC provide for him standing for a third secretary-general, and the minister of term as national president.3 Patrick Laurence defence. Each of the three, however, have Three further considerations figure particular weaknesses as candidates for prominently in the document: firstly, the pulled together the presidency of the ANC and/or the person who is elected as ANC deputy the threads of the nation. The presumption that the ANC president in 2007 can become national and/or national president should be an president in 2009; secondly, if another discussion and indigenous black African may unjustly person secures the top position on the count against Manuel. Ramaphosa may be ANC list of candidates ahead of the 2009 further input from prejudiced by perceptions that he is a “fat election, he or she will become the ANC additional cat” who is too far removed from the grass candidate for the national presidency roots struggle despite being a man who and, given the ANC’s political predomi- luminaries once served as the general secretary of the nance, become the national president;

10 Focus 44 2006 HELEN SUZMAN FOUNDATION Archbishop Desmond Tutu believes a directly elected president would be more accountable to the electorate and thirdly, provision may be made stituents rather than to the party for President Mbeki to resign as ANC bosses… There would be a more vig- president in 2009 and for the ANC orous putting-through-the-paces of deputy president to take over as the the executive branch by its legisla- party leader until the next ANC tive counterpart than is now the national conference. case. The party lists tend to foster The former National Assembly acquiescence and a supine kow-tow- speaker, Frene Ginwala, is on record ing… Power is insidious. It can sub- as emphasising that the positions of vert the best of us and we need help the ANC president and the national to keep its corrupting attributes from president are neither necessarily nor corrupting even the best of us.” automatically linked. “At one point we Tutu’s plea for electoral reform had a big debate,” she says in an inter- and, in particular, for the direct elec- © ANNA ZIEMINSKI IAFRIKA PHOTOS view published in Business Day tion of the national president and the reporter.4 “There was a view that we introduction of a constituency compo- States. But in essence the process is should agree that whoever is elected nent in the election of legislatures, highly structured, with pledging president of the ANC should be the has been put to Van Zyl Slabbert and within the party, election within the candidate of the ANC for president. Seepe as well as to Alf Stadler5, party and lobby groups. Only much That debate went on for over two emeritus professor of political studies further down the line [is there] direct years. We decided, no, we’re not put- at the University of the Witwaters- election by the broader electorate.” ting it in [the ANC] constitution. The reason was the view that the president Ginwala notes that the posts of ANC president and national of the ANC may need different quali- ties than the president of the country president are not automatically linked as the ANC president may and we should not bind the future.” need different qualities to the president of the country In his Harold Wolpe Memorial Lecture at the University of Cape rand, and David Welsh6, emeritus It should be added in parenthesis Town, Archbishop Desmond Tutu professor of African government at that when Americans vote for one launched a strong plea for electoral the University of Cape Town. candidate or another, they are actu- reform, laying particular emphasis on Van Zyl Slabbert is sceptical about ally voting for representatives who the need to increase the accountability whether people in general, and Tutu will attend the electoral college of elected representatives to the elec- in particular, are familiar with the which will, in the end, formally tors who voted them into power. “We complexities of the system under need to make those elected more which presidents of the United accountable to the electorate than to States are elected, which, he the party bosses,” he said. Referring to believes, is what they have in mind the election of the national president when they talk about introducing a by the National Assembly sitting as an system of direct election of the South electoral college, Tutu adds: “It is high African president. time that our president is elected “I am unsure that people actually directly by the people.” know what it means, what it entails Using rhetorical repetition for and how it would work,” Van Zyl emphasis, Tutu continues: “It is high Slabbert says. “For Tutu the country time that our constituencies come would vote between two candidates into their own so that representa- and from that you would have a tives know they owe their primary directly elected president. The closest loyalty and accountability to the con- comparison… would be the United

Van Zyl Slabbert is sceptical about whether people are familiar with the complexities of the system under which presidents in the US are elected

HELEN SUZMAN FOUNDATION Focus 44 2006 © ARNOLD PRONTO THE HELEN SUZMAN FOUNDATION elect the president. So, in that directly elected president. It could sense, even the US president is create the opportunity for a split indirectly elected. vote, in which people might vote for But to return to Van Zyl Slabbert: one party in the parliamentary elec- “As a remote translation, it would tion and the candidate of another in seem that the ANC would have to put the presidential poll. In the US forward its candidate against all the more people vote for the republican other party candidates.” presidential candidate while the From that the issue arises of political configuration of congress is whether a directly elected president usually more diverse. At the least — or one who is seen as directly the split vote introduces a “greater elected — is likely to be less party flexibility”. The only caveat Welsh

© ROB WHYTE IAFRIKA PHOTOS bound than one who is voted into attaches to his endorsement of a high office by the party that he or directly elected South African presi- she leads. dent is that the elections should Stadler replies: “Again you have to take place on the same day as the ask whether or not that is possible? parliamentary election. The party is not an insignificant Seepe seems to concur with Welsh [force]. There has to be a permanent that there are benefits for South ongoing structure… In contemporary African voters through the extra society you need a politically complex point of contact that participation in organisation that can match the state the direct election of the president itself and [rival] private associations, would provide them. including businesses… I cannot see a “In the United States the fact that presidential candidacy happening the president faces the electorate without [a party structure].” provides an opportunity to be influ- Welsh states that he had the enced,” he says. “In a sense the elec- German chancellor in mind, not the torate extends external pressure. US president, when he endorsed the Candidates are subjected to the elec- notion of a directly elected South torate in the process of their candida- African presidency.7 The chancellor cy and, in some cases, parties do is directly elected, he explains. He respond to the electorate’s reaction. concedes, however, that it would be At the least in that system you are “difficult to say it would make the very aware of who the candidates are [South African] president more and what they are likely to offer”.

© RODGER BOSCH IAFRIKA PHOTOS accountable,” though he or she, like Another digression is in order: after the German chancellor would be suffering a stroke in January 1989, the “answerable to the electorate”. But, late former president PW Botha considering that “the state of resigned as leader of the National democracy has shrunk consider- Party in an attempt to present himself ably” in South Africa, Welsh still as the president of all South Africa’s favours the idea of a directly elected people, but, instead of attaining the South African president. “It would status of a statesman, and notwith- give the electorate another point of standing his meeting with Nelson contact with the president” and that Mandela in July 1989 when Mandela could be beneficial for South was still a prisoner, Botha was ousted Africa’s fledgling democracy. by his own cabinet in August 1989. It Welsh sees another potential is, of course, necessary to recall that advantage for South Africans of a Botha was never elected by all adult

Three former UDF founder members who might emerge as candidates to succeed Thabo Mbeki. From top to bottom, Cyril Ramaphosa, Trevor Manuel and Mosiuoa Lekota © ZAEEM ADAMS IAFRIKA PHOTOS

Focus 44 2006 HELEN SUZMAN FOUNDATION The participants in the Roundtable discussion hosted by The Helen Suzman Foundation were (from left to right): Patrick Laurence, editor of Focus; Frederik van Zyl Slabbert, political analyst and author; Sipho Seepe, political observer and academ- © THE HELEN SUZMAN FOUNDATION ic and Alf Stadler, emeritus professor of political studies at the University of the Witwatersrand

South Africans. Even so his quest is a the colours of one party to cross to Commission (for the introduction of reminder of how difficult it is for a another party without have to forfeit a constituency element) and would party apparatchik to escape his identi- their seats, as pertained until the initiate a process in the cabinet for ty and reputation. marriage of convenience between the the “implementation thereof”.8 Van Zyl Slabbert seems to concur ANC and the New National Party Welsh, however, is openly scepti- with Welsh that a multi-member con- under the leadership of Martinus van cal. “I want to see the ham in the stituency system, through which two Schalkwyk. Kortbroek, as Van sandwich,” he declares in a modern or three — or three or four — mem- Schalkwyk is known, now sits in the idiom that lauds lack of gullibility as bers are elected per constituency is ANC cabinet and is subject to the a commendable quality. He remem- the best route to go in pursuit of ANC caucus whip. The marriage bers ANC delegates openly laughing greater accountability to the voters. In turned into an orgy of cannibalism. when attending sessions of the Van the multi-member constituency sys- tem the successful candidates are A directly elected president could create an opportunity for a split placed in proportion to the votes they vote, in which people might vote for one party in parliamentary have received: the first is the one who garners the most votes, the second the elections and the candidate of another in the presidential poll second most and so on until all the allocated seats are filled. The success- Jonathan Faull, of the Institute Zyl Slabbert Commission and mak- ful candidates are at least as account- for Democracy in South Africa, ing it quite clear that the present able to the voters who elected them as believes there are signs of a thaw in system suited them just fine. He they are to party hierarchy. the ANC’s apparently adamantine describes the floor-crossing legisla- Welsh says the present list propor- opposition to reform of the prevailing tion as a “standing negation” of the tional represention (PR) system PR list system. He cites a statement constitutionally-enshrined injunction places “enormous power in the hands by Mbeki that the ANC may be pre- to parliamentary representatives to of the party bosses” and “thereby pared to re-appraise the floor-cross- exercise an oversight function in undercuts the independent-minded- ing legislation and debate it. Home relation to the executive”. ness of members of parliament”. The Affairs Minister Nosiviwe Mapisa- Until such time as the “standing “independent-mindedness” is further Nqakula is quoted as having said negation” is moved, Welsh will undermined by the legislation, which that she had read the changes rec- remain sceptical, as will a large seg- allows representatives elected under ommended by the Van Zyl Slabbert ment of the electorate. ‰

Endnotes 1 Van Zyl Slabbert was a participant in a round table discussion the ANC national executive committee. organised by The Helen Suzman Foundation on electoral 4 Business Day 22 September 2006. reform and succession in the ANC, hereafter referred to the 5 Stadler was a participant in the HSF round table. HSF round table. 6 Welsh, who co-authored a book on power-sharing strategies, 2 Seepe was a co-discussant with Van Zyl Slabbert at the HSF was interviewed telephonically. round table. 7 Interview per telephone 2 October 2005. 3 The ANC states that the paper does not represent the view of 8 Parliament Watch, 18 August 2006.

HELEN SUZMAN FOUNDATION Focus 44 2006 13 FOCUS EDUCATION

The right to education imperilled by violence

Wanton violence at schools must be eliminated, in the interests of 12 million learners and By Jody Kollapen, chairperson of the future generations of scholars South African Human Rights Commission

uman rights practitioners Given its centrality in the building the problem. Over 60 written submis- generally argue against the of human capital, in advancing social sions were received and the commis- H notion of a hierarchy of cohesion and in creating the conditions sion heard evidence from over 30 wit- rights, asserting that human rights to free the potential of each person, the nesses from many sectors of society are indivisible and interdependent. success of the education system will including government, civil society, Yet rights exist in a context and at any determine the success of the new, academics, teachers and teacher bod- given point in the life of a nation some robust and thriving, but still very frag- ies, parents, learners and members of rights naturally assume a greater sig- ile, constitutional order we have the general public. nificance and importance than others. embraced. While considerable success What became apparent was that In the context of South Africa the right has been achieved over the past 12 schools have become unsafe places for to education is seen as central in that years in terms of access, provisioning, a substantial number of learners. it speaks to the development impera- curriculum development, teacher Statistics presented suggested that tives of the constitution requiring us development, learner enrolment and schools were the most likely place to “free the potential of each person”. equity, there are equally major areas of where children would become victims It is a facilitative right whose realisa- concern. Significant amongst these are of crime, including crimes of sexual tion is key to the enjoyment of other the quality and outputs being deliv- violence, assault and robberies. In rights and its fulfilment is a pre-condi- ered by the system (highlighted in a many communities there was an tion to creating the conditions for the report on the right to basic education almost anguished acceptance that attainment of substantive equality released by the Human Rights violence is so deeply ingrained that it and social justice. Commission (HRC) in June 2006). has become the norm with children This recognition of the significance What is of grave concern is the playing macabre playground games of education finds abundant expres- emergence of trends that suggest that such as “Stab me, Stab me” or “Rape sion in the various provisions of the the environment necessary for effec- me, Rape me”. While in the past bul- constitution and it features promi- tive learning and teaching is increas- lying was the most common manifes- nently in the policy and budget mak- ingly being undermined by a growing tation of violence in schools, now the ing processes of government. There culture of violence that is impacting growing use of weapons, including are in excess of 12 million learners in negatively on the education sector. In guns and knives, has seen many public and independent schools September 2006, the HRC, acting in fatalities. In many communities the attending close to 27 000 schools and terms of its mandate, convened public phenomenon of gangsterism has served by almost 400 000 educators. hearings in Cape Town to create the found its way into schools with gangs The budget for education accounts for space for a public dialogue on school- recruiting and organising among close to 20 per cent of the total nation- based violence to attempt to under- school-goers and using schools as al budget, with spending on education stand the manifestation and impact sites for spreading the power and likely to double from R53,2 billion in of violence in schools and to assist in influence of the gangs. The growing 2002/3 to R94,9 billion in 2008/9. making recommendations to address use of drugs, especially the notorious

14 Focus 44 2006 HELEN SUZMAN FOUNDATION EDUCATION FOCUS

“tik” in the Western Cape, was also wellbeing of those in the system. Most of the arguments heard point- identified as a significant contribut- Psychologists spoke of the growing ed out that violence in schools could ing factor to the growing phenome- number of teachers who experience not be divorced from the general vio- non of violence. The use of drugs by psycho-social stress and related condi- lence in our communities and that it learners as well as their involvement tions because of the hostile and inse- was natural that the school would in the drug trade, often on school cure environment in schools. Teacher reflect the various fault lines that grounds during school hours, was morale is low, as evidenced by a existed in the society as a whole, vio- widespread in some regions. There recent Human Sciences Research lence being only one of them. were also suggestions that the man- Council report indicating that most The development of an appropri- ner in which violence was romanti- teachers would leave the profession if ate response to these phenomena has cised in some media as well as in they had the opportunity to do so. been less than decisive. Even though some music genres has led to its easy Teacher shortages exact a heavy toll this problem has been with us for internalisation by young people, eager to emulate their heroes. Psychologists spoke of the growing number of teachers There was considerable debate about the causal link between socio- who experience psycho-social stress economic conditions and violence, because of the hostile and insecure environment in schools with it being argued by some that poverty and underdevelopment have on government’s plans to improve some time there is no clear national rendered the family unit and the education. The characterisation of the policy in place to deal with school vio- broader community so dysfunctional school as a dangerous and unsafe lence. Teachers and administrators that an environment in which posi- environment is unlikely to assist in were often uncertain of where and tive values can be imparted is recruiting new members to the profes- when their powers start and end in almost non-existent. However, oth- sion. For learners, the fear and inse- dealing with disruptive learners and ers pointed out the manifestation of curity of being a victim, just not of violence in general. The measures violence in many middle- and upper- bullying but of a serious crime, also that have been adopted thus far income schools and questioned the has a negative effect on their self-con- relate to school fencing and, in some impact of poverty on patterns of vio- fidence and ability to function opti- areas, school safety interventions lence in the schools. mally. The environment for effective that seek to involve other govern- Notwithstanding its genesis, and learning and teaching, for the devel- ment departments and the communi- even in the absence of reliable quan- opment of mutual trust and support ty. It is perhaps too early to judge the tification of the extent of school vio- between learner and teacher, so criti- success of these interventions. lence, there was consensus that it was cal to the effective delivery of educa- A critical issue that arose is exacting a significant toll on the edu- tion, is severely compromised in an whether one adopts a tough school cation system, its outputs and the atmosphere where violence reigns. security regime as some have strong-

Learners arriving at school... once a haven of safety but now less so © LEROY JONES-HEMMINGS IAFRIKA PHOTOS FOCUS EDUCATION

ly argued, or an approach that corporal punishment, including pline, search and seizure, and deal- addresses instead the broad safety of suspension and expulsion, should ing with learners who are disruptive the community and, in so doing, con- be supported more strongly by the as distinct from those who commit tributes to safer schools. It does seem department of education. The crimes on school grounds. The latter that while the latter may well be the department’s plan to remove dis- is a matter for law enforcement right to way to go, its effects will only ruptive students from schools agencies, while dealing with socially be felt in the long term. What is requires careful scrutiny as the disruptive children is something required are short-term measures reality in many communities is schools, properly supported by the coupled with a long-term vision of a that the enabling environment out- education department, and other safer society. In this regard there side the school will simply not sup- agencies, must undertake. should not be an unwillingness to port any alternative placement. 6. It is apparent that both teachers and learners may benefit from con- flict resolution and mediation We need to empower administrators with clear guidelines for skills. Given that in many discipline, search and seizure procedures and dealing with learners instances the immediate cause of who are disruptive as distinct from those who commit crimes the violence is an act of relative insignificance, empowering both teachers and learners to engage in consider tough measures — we can- 3. Search and seizure. The current constructive conflict resolution not be squeamish when dealing with legal regime allows search and may provide an alternative to the matters so fundamental to our socie- seizure under circumstances where use of violence. ty. Certainly the perspective of the there is reasonable cause. The In all of this the tendency to shift HRC is that rights can be limited; employment of school safety officers the blame has become a matter of and, provided the basis for the limi- may well see the greater use of this concern. Given the complexity of the tation is reasonable and justifiable, legal mechanism. The suggestion of problem we are facing there must be such limitations are permissible. We random searches may be question- a fairer and more equitable division should be careful, however, that limi- able from both an efficacy and a con- of labour. The role of the education tations are not motivated by emotion, stitutional perspective. But if there authorities has come under the spot- knee-jerk reactions or attempts to is a clear, well thought out plan in light quite sharply in the past few win public approval. this regard, it must be given the nec- weeks but the role of parents, the Some of the issues that may war- essary consideration. The same community, law enforcement agen- rant consideration include: would apply to the suggestions rele- cies, other government departments 1.The employment of school safety vant to random drug testing. such as social development, as well officers. It is simply unacceptable 4. Greater community involvement as the organised structures of civil to expect teachers to be responsible and support. If the school is the society are all vital if we are to deal for safety at schools. The employ- centre of the community, attempts with both the short and the long- ment of suitably trained safety offi- must be made to involve both par- term interventions required. cers to assist with identifying secu- ents and the greater community in The stakes cannot be any higher in rity risks, developing safety the affairs of the school. The local dealing with this sector — arguably measures, assisting and support- police, the police community gener- the most important for the growth ing learners with advice and being ally as well as civil society groups and ultimate success of our thriving available as part of the school staff active in the community, must be but still very fragile democracy. requires serious consideration. It energised to be supportive of school Schools are traditionally places where has reportedly worked quite well in management, assist with the skills effective learning and teaching must many Caribbean countries and, and resources at their disposal and take place in an environment where while cost may be a factor, it would take “ownership” of the school as there is mutual respect and tolerance be money well spent. an asset of the community. The and where the role, value and author- 2.Support for teachers in dealing level of vandalisation and wanton ity of the teacher is respected, as is with discipline. The abolition of destruction of school property is the dignity of the learner. Much hard corporal punishment should not nothing short of shocking. work will be required to restore this mean a no-discipline regime. 5. We need to empower school admin- enabling culture to many schools in Alternatives, and the effective istrators with clear guidelines in a our country. It is not only possible, enforcement of such alternatives to number of areas including disci- but absolutely necessary. ‰

16 Focus 44 2006 HELEN SUZMAN FOUNDATION AFRICAN INSIGHT FOCUS

Fatal neglect in DRC’s transition to democracy

fter nearly three years and a tance of completing the reform of the number of delays, the transition Congolese army, the Forces Armées de la Henri Boshoff A period in the Democratic République Démocratique (FARDC). On Republic of Congo was due to come to an 30 June 2006 it was exactly three years argues that the end by 31 July 2006. A new constitution after the transition government embarked was adopted after a referendum held in on its assigned task of guiding the country integration of the late 2005, paving the way for presiden- to national elections. various military tial and legislative elections, which were According to the peace agreement held on 30 July 2006. There was unfortu- signed by all parties in December 2002, forces in the nately no outright winner and a second the transition government had a period round of elections took place on 29 of two years in which to organise elec- Democratic October 2006 between the two main tions, but it could, if necessary, extend rivals, Joseph Kabila and Jean-Pierre this by two additional six-month periods. Republic of Congo Bemba. Mr Kabila won this round of In early 2005, it became clear that nei- is far from elections with 58,05 per cent of the vote ther the transition government nor the against Mr Bemba’s 41,95 per cent. Independent Electoral Commission complete and a The violence on 20 August 2006 in the (IEC) had taken any of the necessary capital, Kinshasa, between the Special steps to organise elections by the origi- major threat to the Guard for the Protection of the President nal June 2005 deadline, and the election fledgling (GSSP) of incumbent Kabila and the timetable was postponed. The announce- Movement for the Liberation of Congo ment of the postponement was met with democracy (MLC) of Bemba again showed the impor- widespread popular disapproval and, for

Congolese soldiers travel by truck in Kinshasa after the elections © NAASHON ZALK PICTURENET AFRICA FOCUS AFRICAN INSIGHT

the first time, there was real pres- efforts to cooperate. The failure of dis- and some progress has been made, a sure on the transition government to armament and demobilisation has number of serious problems persist: take concrete action. been viewed as having been counter- ongoing conflicts, competing loyal- The organisation of elections has balanced by the successful first round ties, spoiler armies, human rights not been the only transition objective of elections. The threat of violence dur- abuses and regional instability. that has been significantly delayed. ing the second round between the It was not until May 2005, nearly Another key task of the transition GSSP and MLC soldiers who did not two years after the inauguration of process was the creation of a new, uni- demobilise as part of the national the transition government, that the fied national army out of the various demobilisation, is becoming more of a FARDC elaborated on a strategic plan for the military integration process. In its first phase the plan The regroupment centres were severely under-funded and lacked envisages the creation of 18 light basic hygiene and medical facilities. Several thousand troops infantry brigades that will help to deserted from the Mushanki and Luberezi camps in 2005 secure elections. The second phase will involve the formation of a rapid reaction unit, and the third phase, armed groups that had fought one reality. The GSSP has a force level of due to be finalised by 2010, will see another during the five-year war. about 11 000 troops and the MLC has the formation of a new defence force. While it was consistently stressed that an estimated 2 000 troops in During phase one troops are trans- this was a priority, in reality the tran- Kinshasa. This is a failure in terms of ported to one of six integration centres sition government did almost nothing the development and execution by the in the country: Kisangani (Orientale to move this process forward until transitional government of good gover- province), Kitona (Bas Congo early 2005. Although the former bel- nance principles, as is the fact that province), Kamina (Katanga province), ligerents have been part of the same disciplined and effective integrated Mushaki and Nyaleke (North Kivu) government in Kinshasa the animosi- brigades have not yet been developed. and Luberizi (South Kivu) where they ty between them remains largely The FARDC remains an army are disarmed, undergo retraining and intact, and they have made few real that commits human rights abuses are regrouped into standard-size and is ill disciplined. This is not brigades composed of 4 200 troops. really surprising; for as long as it According to the May 2005 plan, a maintained its military power in total of twelve integrated brigades the areas it controlled during the were to have been formed by late 2005: war it could happily play at ruling three were to be deployed to Ituri, the country for the sake of the inter- three to North Kivu, three to South national community and the Kivu, one to Kinshasa, one to Bas Congolese general public without Congo province, and one to Mbuji relinquishing any real power. Mayi, the capital of Kasai Occidental The legacy of this inaction and province. Since June 2006 two more unwillingness to create and support brigades have been trained. One a new national army is far more brigade was trained as a reaction force dangerous than any delay in hold- and one still needs to be deployed. ing national elections. If the demo- Although nearly all brigades were bilisation, disarmament and reinte- deployed before the 30 July 2006 elec- gration (DDR) process is not tions, only three were operational. completed and a new defence force In addition, the entire integration is not established it could once process has been severely abridged again become the breeding ground as a result of organisational and for a new war. Although the mili- financial constraints. According to tary reintegration process has now the original plans, combatants were been in motion for close to a year, supposed to be regrouped in 25 cen-

Heavily armed soldiers stand guard at the last political rally of Congolese President Joseph Kabila before the first round of elections on Sunday 30 July

© NAASHON ZALK PICTURENET AFRICA 2006, at a stadium in the capital, Kinshasa

Focus 44 2006 HELEN SUZMAN FOUNDATION Election volunteers throw stones at riot police as they march towards the Independent Elections Commission office in Kinshasa, in August 2006, after Congo’s first democratic election in over 45 years tres around the country, where they would have undergone an orientation © JEROME DELAY AP PHOTO © JEROME DELAY and selection process. As a result of capacity constraints, however, the orientation centres were never set up, and combatants have instead food distribution, poor water supplies, tures of the DDR process are in place been channelled directly into poor medical care, inadequate shelter, and must be completed after the elec- regroupment centres. These centres, insufficient vehicles and the irregular tion. The SSR is one of the most impor- which the FARDC has been gradual- or non-payment of salaries. tant outstanding reforms that any ly setting up since 2004, were severe- It was clear from the evaluation of country emerging from conflict should ly under-funded and lacked basic the current status of the FARDC and implement to align all security related hygiene and medical facilities, as the integration process that the DDR structures and instruments with gov- well as food and proper shelter. As a process to 18 brigades would not be ernment’s vision of building peace. result, several thousand troops completed before the October elec- The generic strategy of SSR is deserted from the Mushanki and tion. As of 8 September 2006, 76 614 more easily explained than imple- Luberezi camps alone between ex-combatants had been demobilised, mented, but a proper understanding March and August 2005. including 19 000 children. Some 85 of SSR reform and what it entails is Since then, the Belgian and Dutch 000 combatants must still be dis- required. A strategy for SSR in the governments and the European Union armed, demobilised and reintegrat- DRC must be addressed using gener- (EU) have provided funding for ed. The budget of $200 million pro- ic business principles to evaluate the upgrading facilities. South Africa, Angola and Belgium are providing The unwillingness to create a national army is more dangerous military training. Additional training than delaying elections. If the demobilisation and reintegration will be provided by the United Nations Mission to the Democratic Republic of process is not completed the possibility of a new war is real Congo (MONUC) once the brigades have been deployed to their areas of vided by donors has been exhausted. current and future situation inter- operation. MONUC will engage in six- It is expected that the process will be nally as well as externally. Beyond week training exercises with the inte- assessed and more funding made that there is a need to plan and grated brigades, which will subse- available by November 2006. Given design an appropriate and affordable quently engage in joint operations the level of training and equipment solution, to implement, coordinate with MONUC. This has already been available, only a maximum of three and monitor progress and finally to the case in Ituri, where the first inte- of the integrated brigades created to evaluate progress and to implement grated brigade is now regularly date can be deployed. In the interim change where required. involved in joint operations with the rest must be kept at their bases These activities must take place in MONUC against recalcitrant militia. and under control. an environment in which the DRC It is hoped that the training and sub- The daunting task after the elec- government departments accept sequent joint operations will enhance tions will be to complete the process of responsibility and the donor communi- tactical skills, as well as improve over- DDR and security sector reform (SSR). ty provides technical and financial all respect for the civilian population. For this to happen there needs to be support to enhance capacity and to At the same time, however, the political will and commitment from establish international principles. ‰ FARDC faces serious logistical and the new government. The coordination organisational hurdles which further between all role players needs to complicate the integration process and improve. The FARDC must assume Boshoff is military analyst for the negatively affect military operations. responsibility and take the lead in the Institute of Security Studies These problems include inadequate process. The planning for and struc-

HELEN SUZMAN FOUNDATION Focus 44 2006 19 FOCUS HUMAN RIGHTS

Suzman: fighter for human rights

“I hate bullies. I stand for simple justice, equal opportunity and human rights. These are the indispensable elements in a democratic society and worth fighting for.”2 “My desk is the sad harvest of the seeds of apartheid.”3

elen Suzman takes pride of recipient of twenty-seven honorary doc- place among those liberals who torates as well as honorary fellowships H devoted their lives to the fight from some of the world’s most presti- Raenette Taljaard for human rights and the rule of law in gious universities including Oxford, chronicles South Africa. From the start of a politi- Cambridge, Harvard, Yale and the cal career that spanned almost four London School of Economics (LSE). Helen Suzman’s decades, she challenged the iniquity of In 1978, she received the United apartheid and used the privilege of par- Nations Award of the International pivotal role in liament to expose the inhumanity of a League for Human Rights in recognition system that came to be defined as a of the unremitting struggle that she had defending liberal crime against humanity. fought for social and political justice. democracy and Her struggle against the National She also received various prestigious Party, both inside and outside parlia- awards from Jewish organisations in human rights ment, was relentless and often lonely. the United States and has been nomi- For thirteen years (1961-1974) she was nated twice for the Nobel Peace Prize. against the the only Progressive Party member of In 1989, Queen Elizabeth conferred on invasive intrusions parliament, confronting the apartheid her an Honorary Dame Commander government against all odds. (Civil Division) of the Order of the of apartheid Notwithstanding an enormously heavy British Empire. In 1997 Helen Suzman parliamentary burden, she tirelessly was awarded the Order of Merit of ideologues and investigated the often tragic conse- South Africa — Gold. As former presi- apparatchiks1 quences of apartheid legislation. dent Nelson Mandela and Graca Machel Although she represented an affluent remarked in celebrating her 85th birth- white constituency, she saw herself as an day in 2002: “It needs not for us or any- “honorary ombudsman for all those peo- one [else] to sing your praises, your place ple who have no vote and no member of is ensured in the history of this country. parliament”. Within months of her Your courage, integrity and principled retirement in 1989, she had the pleasure commitment to justice have marked you of witnessing the collapse of apartheid as one of the outstanding figures in the and the introduction four years later of history of public life in South Africa. On parliamentary democracy. your 85th birthday we can but pay trib- As South Africa begins to grapple ute to you, thank you and let you know with a contested past, it is imperative how fortunate our country feels for hav- that the contribution of Helen Suzman ing had you as part of its public life and be acknowledged. politics. Now, looking back from the Her courage and dedication won her safety of our non-racial democracy, we worldwide recognition. She was the can even feel some sympathy for the

20 Focus 44 2006 HELEN SUZMAN FOUNDATION Helen Suzman today... no longer an active politician but still a vigilant defender of liberal values

National Party members who shared Parliament with you. Knowing what a thorn in the flesh of even your friends and political allies you can be, your forthright fearlessness must have made life hell for them when confronted by you”.4 Helen Suzman was drawn into politics as a result of a body of research she carried out for the Fagan Commission into the vicious effects of the migrant labour system. On 15 April 1953 Helen was one of 57 United Party candidates elected to the eleventh union parliament. Even before Helen entered parliament, it was evident that there were deep divisions within the United Party (UP). Its support in Parliament for the “Whipping Bill” which contained savage penalties to quell escalating popular resistance to apartheid measures shocked Helen. However, after meeting the other newly elected backbenchers, she believed that she, © ARNOLD PRONTO with the support of senior UP mem- bers such as Harry Oppenheimer and Harry Lawrence, would be able to between 1953 and 1959 at a time 1959. Within two months of the pro- constitute a “reform core” within the when pressures within the UP built gressive members taking up their caucus. Helen’s maiden speech was up partly as a result of increasing seats in parliament, mounting dis- on the 1953 Matrimonial Affairs Bill. levels of state repression, described content over the pass laws and Women’s rights (and in particular by Helen as: “… a deluge of ideologi- other discriminatory enactments those of black women) became part of cal legislation that jangles the had spilled over into a passive the larger fight for human rights. nerves of everybody who has a care resistance campaign that led to the Equal matrimonial property rights or thought for democracy”. indiscriminate shootings at Sharpe- for black women, divorce by consent A decisive issue in the tensions ville on 21 March 1960. and the reform of abortion laws were between the UP and the liberal fac- The state’s reaction to the wide- issues she would raise in the future. tion was the refusal of party leader spread unrest that followed was to Tensions surfaced early in JGN Strauss to commit the UP to stifle all protest by declaring a state Helen’s parliamentary career when restoring the common roll franchise of emergency, banning the African the UP caucus supported the second to coloured males in the Cape. With National Congress (ANC) and the reading of the Separate Amenities the liberal wing of the UP increas- Pan Africanist Congress (PAC) and Bill which provided for separate ingly at odds with the party’s equiv- arresting their leaders. The govern- (but effectively unequal) facilities ocal stand on apartheid legislation, ment called an early election in for blacks, coloureds, Indians and a distressed Helen became more October 1961 and Helen went back to whites. When the vote was taken, and more disillusioned. The split, parliament alone: “I was the only one Helen and another UP member and subsequent formation of the who really wanted to get out. Politics refused to vote and walked out of Progressive Party, occurred at the made me sick. I saw no hope for the the house. Helen was a UP member Bloemfontein Congress of the UP in future but I thought I might as well

HELEN SUZMAN FOUNDATION Focus 44 2006 21 FOCUS HUMAN RIGHTS

go down with flags flying. And no — declared after Sharpeville, and members in 1977 and by 1989 the PFP one tiny flag fluttered on by some 500 thereafter prison visits became an had merged with the National votes — and it was me!” important part of her work. After Democratic Movement and the And so Helen Suzman embarked these visits, including key visits to Independent Party to form the on the road less travelled — her dra- Nelson Mandela and others on Democratic Party. matic 13 solo years in parliament Robben Island, starting in 1967, Helen Suzman’s adage of going to (1961 to 1974). In the face of Helen raised all kinds of issues with see for yourself was pertinent in unremitting hostility, she never lost the relevant authorities and man- analysing the dreadful consequences her courage or compromised her aged to secure some improvements of government policies. She visited principles in her fight against in conditions for both common law sites of forced removals and resettle- apartheid’s racist agenda and the and political prisoners. ments, saw for herself the heartless erosion of civil liberties and the hol- As Nelson Mandela has remarked: destruction of squatter communities, lowing out of the rule of law. “It was an odd and wonderful sight to visited schools, prisons and places of Helen Suzman was no blind ideo- see this courageous woman peering banishment to which black activists, logue. For her, people, and what an into our cells and strolling around including Winnie Mandela and Dr inhuman system was doing to their our courtyard”.5 Mamphela Ramphele, had been con- lives, came first. Her forthright cri- Helen Suzman worked relentless- fined: “These honourable members sit tique and condemnation of the gov- ly to oppose the erosion of the rule of here passing laws, but they never ernment’s apartheid policies exposed law and against the banning orders have the slightest contact with the the harsh realities of life for the and detentions without trial imposed individuals who suffer as a result of majority of South Africans. These by the Terrorism Act. She spoke at these laws”. exposures were critical in a fear-rid- funerals and other opportunities for Helen campaigned against the den time of censorship and heavy mass protests when restrictions were establishment of the tri-cameral par- liament in 1983 and worked tireless- Suzman put hundreds of questions in parliament concerning the ly against further steps that reduced core human rights across campuses treatment of black, coloured and Indian people. The answers were in South Africa, and against aspects widely used by the global anti-apartheid movement and the ANC that warped the education system on racial grounds, and was herself pro- penalties for disobeying the law; and placed on meetings. Helen was asked hibited from speaking at her alma the support of the English language by Robert Sobukwe’s widow to speak mater, Wits, in 1987. press for her liberal views allowed her at his funeral in 1978 but was pre- As the mass defiance campaign fearless criticism to reach the outside vented from doing so by a group of grew in ferocity and successive world. Sustaining such a prolonged radical youths. states of emergency were called and solitary liberal stance in parlia- Helen’s deep concern for the victims between 1985 and 1990, there was ment was both physically and emo- of apartheid made her a tireless work- again a fracturing between those tionally exhausting. It entailed great er on behalf of those affected by dis- liberals who stayed in parliament, personal sacrifice and many threats to criminatory laws, security legislation and those who opted for extra-par- her safety, including a number of and the actions of a harsh and uncar- liamentary options. instances of anti-Semitism. ing bureaucracy. Even those who But, to her very last days in par- But Helen’s focus was unrelenting: accused her of giving legitimacy to the liament, Helen had fundamental “I put hundreds of questions… most government by her participation in a respect for the institution itself. She concerning treatment of Black, white parliament solicited her help: respected the importance of parlia- Coloured and Indian people — on “My desk is the sad harvest of the seeds ment as a core institution of the peo- housing, education, forced removals, of apartheid”, she wrote. ple despite concerns about the dimin- pass law offences… detentions, ban- After the 1974 election, more pro- ishing oversight role of the nings, whippings, police brutality and gressives were elected to parliament, legislature over the executive: “I executions”. These answers were wide- including René de Villiers, Gordon respect the institution of Parliament, ly used by the global anti-apartheid Waddell, Colin Eglin, Alex Boraine, for properly used it is the premier movement, and the ANC, to further Rupert Lorimer and Frederik van Zyl forum of the land, both for the dis- the liberation cause. Slabbert. After more mergers and semination of alternative policies and Helen started visiting prisons in name changes, the Progressive for the preservation of values pertain- 1960 during the state of emergency Federal Party (PFP) acquired more ing to civilized, democratic coun-

22 Focus 44 2006 HELEN SUZMAN FOUNDATION HUMAN RIGHTS FOCUS

tries… It is a major channel whereby 1990, when newly elected state evolving culture of respect for human one can elicit valuable information president FW de Klerk unbanned rights is indebted to the flame she and it provides the opportunity for a all political parties and announced kept alive when an immoral system direct means of confrontation with the release of Nelson Mandela. Too sought to extinguish it forever. the government of the day”.6 soon for her to see the core human Helen Suzman remains committed On 18 May 1989, in what amounted rights values she so aggressively to the cause of individuals whom she to a farewell speech in parliament, protected and promoted during her believes are unjustly treated, and Helen turned to FW de Klerk, acting long and lonely political path retains her uncompromising stand on state president in place of PW Botha entrenched in a bill of rights as part the inviolability of human rights. She (derisively known as Die Groot of a democratic constitution. Too has experienced the satisfaction of Krokodil — the Big Crocodile) who soon for her to vote down every seeing the removal of legislation that had suffered a stroke. Now that Botha piece of offensive legislation she she fought so vigorously over many was no longer a force to be reckoned opposed and exposed by “going to decades; but she remains as vigilant with, Helen stressed the necessity of see for herself”. as ever in her defence of democracy announcing imminent changes that But she remained very actively and human rights. would create a climate for negotiating involved in various capacities in a Indeed, this is the growing focus a new political dispensation: “As an newly democratic South Africa beyond area of the foundation that bears her old African saying has it; ‘You should not argue with the crocodile if you are “It is hard to say one has achieved anything, except, still in the water’. The State President I think, to keep certain values alive in this country designate is, I believe, no longer in the water. He has both feet on the bank of — certain democratic values” the river and he is in no danger of being dragged down by the crocodile. the benches of the house where she name. The Helen Suzman Foun- He should now go for it. He should take spent so many dark and lonely days. dation was established in 1993 to the gap, so to speak. He should tell us In 1991 she attended the first promote and protect liberal demo- and the world what he definitely will Convention for a Democratic South cratic values under the new constitu- do, as soon as he takes office, to restore Africa and served as president of the tional democratic dispensation, and peace at home and the respectability of South African Institute of Race to broaden support for liberal demo- South Africa abroad”. Relations (SAIRR) from 1991 to 1993. cratic philosophies and policies. How prophetic these words She was appointed to the Independent These remain the marching orders of proved to be. There can be no doubt Electoral Commission which super- the Foundation. that Helen Suzman’s retirement vised South Africa’s first democratic Helen is as self-effacing as ever in from South African politics came elections in 1994 and served as a her final words in the exhibition cat- just a bit too soon. Too soon for her member of the Human Rights alogue: “It is hard to say one has to witness first-hand, from her Commission from 1995 to 1998. achieved anything, except, I think, to bench, the dramatic changes that South Africa owes Helen Suzman keep certain values alive in this coun- followed on the second of February a great degree of gratitude. A slowly try — certain democratic values”. ‰

Endnotes 1 This article is a précis of a publication that accompanied Freedom awarded to her as “the courageous champion the exhibition of the same title — Shain, M. (2005) of human rights who, in the dark days of apartheid, did Helen Suzman — Fighter for Human Rights Exhibition much to keep liberal values alive in South Africa… Catalogue. Kaplan Centre: University of Cape Town. During her thirty-six years in parliament, she was a The exhibition was housed at the Jewish Museum in ‘hands on’ politician and tenacious fighter for the causes Cape Town during 2005 and at the Rabbi Cyril Harris in which she believed”. Centre in Houghton, Gauteng during 2006. The exhibi- 3 Helen Suzman — Fighter for Human Rights Exhibition tion was mounted as a collaborative effort between the Catalogue. Isaac and Jessie Kaplan Centre for Jewish Studies at 4 Message to guests at Helen Suzman’s 85th birthday din UCT and the South African Jewish Museum. ner 7 November 2002, Nelson Mandela and Graça Machel. 2 Extract from a speech by Helen Suzman delivered on 5 Nelson Mandela, Long Walk to Freedom. accepting the 2002 Liberal International Prize for 6 Speech, parliament, 18 May 1989.

HELEN SUZMAN FOUNDATION Focus 44 2006 23 FOCUS POLITICAL DIALOGUE

Voices from the left... a liberal-left encounter Patrick Craven National spokesperson for the Congress of South African Trade Unions

t was refreshing to read Patrick stand are the powerful bonds which Laurence’s article in the September unite the alliance components at every I issue of Focus about the future of level — bonds rooted in a deep sense of Patrick Craven the alliance between the African shared history, a large overlapping and National Congress (ANC), the South membership and a feeling of solidarity African Communist Party (SACP) and among people who struggled together in Jeremy Cronin, the Congress of South African Trade a national democratic revolution, which Unions (Cosatu). For many years all remains to be completed. respond to an three organisations have been strenu- Although the three components have ously denying that their alliance is on always shared a great deal of common article written by the point of collapse. But no matter how ground, they have also always been Patrick Laurence often and how categorically we deny it, proud of their political and organisation- reporters, editors, commentators and al independence and have always dif- in the September academic experts have insisted that we fered on some political questions. Many are wrong or merely spin-doctoring, to members of the three bodies feel them- issue of Focus in obscure the alliance’s terminal crisis. selves to be an integral part of all three, which he At least one commentator has now even though they may have major dis- accepted that we could be right! agreements with the current policies of challenged the Speculation about the death of the one or other of them. alliance was aroused once again when, For many years now, the alliance conventional view in a pre-congress discussion paper, partners have conducted a vigorous that a withdrawal Cosatu floated five possible scenarios debate around concerns about govern- for the next few years, and the SACP, ment’s economic policies that favour a of leftists from the in its discussion paper, also looked at wealthy minority more than the poor alternative perspectives. The fact that majority, and about the way the alliance tripartite alliance one of these options was for Cosatu and partners are being marginalised in the is inevitable the SACP to break with the ANC and policy-making process. support a separate workers’ party was But this is a debate within all the seized upon as proof that the alliance components of the alliance. As a resolu- must indeed be on the rocks. tion passed at the recent Cosatu con- When that scenario was unanimously gress noted: “A lack of democratic par- rejected by the Cosatu congress delegates, ticipation exists at all levels, with in favour of remaining in alliance with the Cosatu, the SACP and even to some ANC, the media was much less interested extent the ANC itself, sidelined from because that was out of line with their policy development, due to the levels of ongoing version of the story. It is quite centralisation of power and authority possible that the SACP congress delegates in the Presidency, which has been a next year will adopt a similar view. driver of policy development. This situ- What most of the media, apart, now, ation goes hand in hand with the domi- from Laurence, have failed to under- nant influence of big business on the

24 Focus 44 2006 HELEN SUZMAN FOUNDATION Patrick Craven... Cosatu has rejected the breakaway option

policy direction of our country and the marginalisation of representa- tive institutions from decision-mak- ing” (my emphasis). The resolution does not go on to argue that this should lead to a breakaway from the ANC but, on the contrary, says: “There is no alterna- tive political organisation with the mass support of the ANC, which remains the only political party capa- ble of fighting for a non-racial, non- sexist and free democratic society in South Africa.” But it does argue that “the ANC is however a contested terrain that is lobbied by different strata in our soci- © TEBOGO LETSIE SUNDAY TIMES © TEBOGO LETSIE SUNDAY ety. This has caused conflict within the ANC and the Alliance and a shift from the ANC’s earlier working-class expose the post-1996 class project, its I have no evidence that such a bias as adopted in its Morogoro limitations and its crisis. This must move is on the cards, but it makes Congress of 1969.” not be done in a factionalist manner, more sense than the media’s usual This argument is developed in but in a manner that encourages left secession scenario. The reason another resolution, which notes: “… debate and discussion within the is that the bourgeois right, unlike while the historical constituency of the ANC structures” (my emphasis). the SACP and Cosatu, have virtual- ANC remains the black working class These resolutions reflect a strong ly no mass base in any of the and poor majority, the national leader- view that power has shifted to gov- alliance components. They could not ship of the ANC is increasingly becom- ernment departments and to what wage a political battle to regain ing capitalist and middle-strata in Laurence describes as “comprador their dominance in the ANC composition and character. Further- capitalists” or “bourgeois national- because they lack the troops. Their more, the organisation is also domi- nated by cadres drawn from the state and there are far too few cadres from The media fail to understand the bonds which unite the alliance outside of the state. Working-class — bonds rooted in a shared history, an overlapping membership leadership has been weakened within and a sense of solidarity among those who struggled together the national leadership structures of the ANC.” This, it argues, has rendered the ists” whom he identifies as the cur- power rests in their use of the ANC ineffective in relation to the rently dominant force within the media and in lobbying government mass movements and in connecting ANC leadership. ministers behind the scenes. with the masses of our people. It con- He speculates that it might be Cosatu, for its part, has now spoken cludes: “… working-class cadres must they, rather than the left, who with- decisively. It will continue to support ensure that activities of the ANC draw from the alliance and form a the ANC but will also repeat its call on structures… are dominated by work- separate party. This, he says, could workers to swell its ranks, “to reclaim ing-class issues and concerns… happen if the “unyielding socialists ownership of the ANC so that it Working-class cadres must contest gain the upper hand against the bour- becomes a true instrument of people’s for leading positions of the ANC to geois nationalists” and win the politi- power and plays a positive role ensure that business personalities do cal debate at the ANC political and towards the achievement of a free, just not dominate the ANC and... must leadership conferences next year. and equal South Africa”. ‰

HELEN SUZMAN FOUNDATION Focus 44 2006 25 FOCUS POLITICAL DIALOGUE

Voices from the left... a continuation

Jeremy Cronin Deputy general secretary of the South African Communist Party

ince 1990 there has been uation was paradoxical for the SACP. bourgeois nationalists. After all, he media speculation about the The international communist legacy of notes, there is a precedent for this in S future of the South African which we had been part since our the 1959 Pan Africanist Congress Communist Party (SACP) and about launch in Cape Town in 1921 was in (PAC) breakaway from the ANC. the durability of our alliance with the free-fall with the disintegration of the I was involved in a recent public African National Congress (ANC). Soviet bloc. On the other hand, within debate with prominent businessman We have often noted, with a mixture South Africa, the SACP found itself and fellow ANC national executive of amusement and irritation, that enjoying greater popular support and committee member, Saki Macozoma. stories in the commercial media prestige than at any time in its histo- In the course of the debate I listed a about the SACP have tended to come ry. Opinion polls showed that after series of major government-led proj- under one of only two possible head- Mandela, SACP general secretary, ects that, in my view, indicate that lines. “Looming split in Alliance” is Chris Hani, was by far the second key decisions around spending bil- the one headline. “Growing irrele- most popular politician in our country. lions of rands of public money are vance of SACP” — or a similar varia- So how do things stand now? What often motivated less by macro-eco- tion — is another. are the likely scenarios? Patrick nomic rectitude and rather more by In 1990, emerging from the deep Laurence’s article in the September the avaricious interests of estab- underground, prison and exile, the sit- issue of Focus turns conventional lished big white capital and its media wisdom on its head. Why, he emerging black partners — R50 bil- asks, should we assume that any lion plus on arms procurement; R20 forthcoming split from within the billion (and increasing) on an elite ANC-led alliance would see an SACP Gautrain rapid rail project; the bun- (or workers’ party) breakaway, leav- gled restructuring of Telkom. ing the rump of the ANC to the Macozoma, who has business inter- unchallenged dominance of a new ests in some of these, was clearly irri- black, nationalist bourgeoisie? tated by my argument. “If you are so Perhaps, Laurence suggests, another critical of the ANC-led government, scenario might play itself out. The why don’t you walk out and launch left might win hegemony over the an independent SACP electoral ANC and any walkout would be by effort?” he asked. Communists in South Africa, shoulder to shoulder with non-com- munists, have helped to build the ANC over decades. Communists have gone to prison and even died for the

Saki Macozoma... If you are so criti- cal of the ANC-led government, why don’t you walk out and launch an independent SACP electoral effort? © SUE KRAMER IAFRIKA PHOTOS

Focus 44 2006 HELEN SUZMAN FOUNDATION Jeremy Cronin... communists contributed substantially to the ANC’s triumph and will not wilfully undermine it

cause of forging a broad-based libera- tion. We have never sought tion movement. We certainly have no to transform the ANC into an intention of carelessly abandoning organisation in which adher- the ANC, however annoyed we ence to socialism is a prerequi- might, on occasion, be. site for membership — although The ANC is not just an electoral we certainly expect the ANC not preference for millions of black town- to be hostile to the socialist aspi- ship residents, it is “who they are”. It rations of its alliance partners. provides a sense of identity, of Our commitment to the belonging, and of collective power. ANC is not a short-term tac- This is a reality that confounds many tic, it is strategic. Despite media commentators. The very same important progress since townships that are in open revolt 1994, we remain one of the BOSHOFF IAFRIKA PHOTOS © RUVAN against local ANC politicians one most unequal societies in the moment, are voting for the ANC in world. Despite some stabilisa- local government elections the next. tion in the past year, unemploy- “We are an ANC family,” many work- ment is at crisis levels. Half our ing-class households will tell you, population lives in poverty. The and then they will proceed to level all wage gap has widened. Over five kinds of criticisms against govern- million South Africans are living been actively complicit in the simul- ment, or ANC councillors, or the with HIV/Aids and 400 000 are dying taneous reproduction of abundant ANC branch. This is not irrational annually of Aids related illnesses. wealth for some and grinding under- behaviour. Millions of ordinary South Despite some black advancement development for others. Africans know from a protracted into upper and middle class strata, Transforming this path requires a struggle that minority forces of one overwhelmingly social inequalities in broad, patriotic, multi-class front of kind or another might wield great our society are determined by race. forces. It requires a strong develop- coercive, economic and cultural In the view of the SACP, these mental state led by a government power. But they also know that the dire realities are not just a diminish- with a considerable degree of stable most powerful of minority-based ing apartheid legacy. They have been majority support (so that it is not authoritarianisms can be defeated by actively reproduced during the post- weakened by narrow electoral short- their own unified, organised and col- lective strength. Neither the SACP Unemployment is at crisis levels. Half our population lives in nor the great majority of South poverty. The wage gap has widened. Africans is about to abandon the ANC any time soon. Over 5 million South Africans are living with HIV/Aids However, there are indeed very real intra-ANC, and intra-Alliance, 1994 period in pretty much the same termism). The SACP believes that debates, struggles and differences. way as they have been since the last the ANC is an appropriate organisa- Most of these relate to strategic poli- quarter of the 19th century. There is tional means of forging this kind of cy choices, particularly economic. I a path of accumulation that produces strategy. It is not a question of purg- am not sure if Saki Macozoma was excessive export orientation and ing black bourgeois nationalists from speaking polemically, or whether he import dependence. It is both capital the ANC. But it is imperative that we would genuinely like to be rid of the intensive and reliant on a mass of do not allow the short-term acquisi- SACP once and for all. But would the cheap (now often casualised) labour. tive interests of this stratum (and SACP, for its part, like to purge the It constantly reproduces a narrow their white counterparts) to hege- ANC of black (or for that matter national market, a devastated monise the strategic direction of the white) capitalists? region, and it is neglectful of broad ANC and government — and that The SACP has always understood skills development. Over more than a has often been the problem in the that the ANC is a multi-class forma- century, growth along this path has last decade. ‰

HELEN SUZMAN FOUNDATION Focus 44 2006 27 FOCUS JUDICIARY

Democracy: bastion of liberty & human rights

he question is not really whether adherence to democratic principles might democracy is a “good thing”. This need to be discarded when dealing with T is assumed, with good reason. attacks on national security. The question is rather whether, and to In a recent what extent, we can afford all that goes Democracy v economic development and roundtable with democracy. national stability/security In particular, are there times when The rise of China as an economic power- discussion at we can say that we cannot afford democ- house proves the point that there can be racy — it is too open and too expensive, economic prosperity without democracy. Unisa, Chief or that some among us are not yet ready The question is whether undemocratic for it? Are these attitudes ever justified? systems of government, though economi- Justice Pius Langa Are there places and countries that can cally viable in the short to medium-term, reflected on justifiably be excused from the applica- can maintain stability in the long-term. tion of democratic practices? A related question is “at what cost” and tensions between Democracy is an essentially contested “to whose benefit” is economic develop- concept. Although there is widespread ment achieved in an undemocratic system. democracy and agreement that democracy is a good form However, is this situation really differ- national security. of government, there is disagreement on ent in other supposedly more enlightened its substance, form and content. democracies? Many people, especially Extracts follow those of African and Hispanic descent, The elements of democracy living in these foremost democracies, still In my opinion the fundamental elements live in poverty and are still subject to of democracy are the protection of exploitation. We all know the beguiling human rights, free and fair elections, attraction of cheap labour and other separation of powers, the rule of law, and exploitative practices that put economic citizen participation in government. gain above human rights considerations. The fact that democracy, human Coming nearer home, the emphasis rights and justice go together means that today in Africa as it is elsewhere, is on we should all claim these benefits and democracy and development. rights, not only for ourselves as individu- In the past, there have been, even in als, but also for everyone in our country. Africa, examples of failed attempts to These are attributes of democracy that divorce democracy, or should I say a have a positive effect not only on the brand of democracy, from development. I whole country, but also in enriching the say a brand of democracy because some concept of democracy itself. of the experiments in the past proceeded from a philosophy that sought economic Criticisms against democracy development while at the same time Two of the main criticisms that have believing that multi-party democracy been levelled against democracy are that, was inimical to it. A form of democracy firstly, it is not always the most effective or governance that excluded multi-party- way to bring about economic develop- ism was accordingly pursued. ment and stability, particularly in the On the basis of economic development developing world. Secondly, it is said that and national stability and security, some

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nationalist leaders proclaimed that the other. It seems to me that more that became one of the most serious Africa either did not need or was not democracy rather than less is what is offenders against human rights and ready for western-style multi-party required in order to decrease threats democracy. Could it be that it consid- democracy. Felix Houphoet-Boigny, to national security, for example, by ered that the country was unique, with the first leader of Côte d’ Ivoire, was including marginalised groups with- unique problems and that it was there- quoted as saying “Democracy is a in government, trying to find an equi- fore entitled to be exempted from the government for virtuous people. In table solution to their problems and rules it had itself helped establish? young countries such as our own we giving them a voice instead of trying Democracy and fundamental human need an all powerful chief for a spe- to silence them. rights, flowing from the Universal cific period of time”. Democracy is not about agreement Declaration, were flouted in the worst The philosophy seemed to be that — it is about respect for disagree- possible way, largely on the purported the western-style multi-party system ment. The goal of a democratic socie- grounds of national security. was a product of western society which ty is not a system with which every- I now ask you, is there a danger was not relevant in Africa. The body agrees, but a system within that those who have historically fash- supreme task of the new independence which we are free to disagree and in ioned and championed the cause of governments, it was argued, was to which that disagreement is taken democracy, justice and human rights build up the economy and in this there seriously. In our globalised society it may take the attitude that because could be no room for difference or divi- is also necessary to look beyond they are “the good guys” they are sion. Opposition politics was described democracy within countries; true entitled to be trusted when they as “a sophisticated pastime which we democracy can only benefit from a break the rules which bind everyone in Africa can ill afford” and it was globalised approach which encom- else? Should they be allowed to argued that a one party system could passes democracy between countries. change those rules or to be exempted provide for democracy based on unity, rather than on opposition. The question is not whether democracy is a “good thing”. The The problem is that in many coun- tries, this state of affairs set off a question is whether, and to what extent, we can afford all that chain reaction of coups, counter- goes with democracy: what are its elements and objectives? coups and civil wars from which the continent is still trying to recover. As far as the view that democracy from them simply because they no My own view is that democracy does not necessarily result in eco- longer suit them? itself is an imperative. The responsi- nomic equality is concerned, it seems If that is happening, I can think of bility for a nation’s governance must to me that an emphasis on the nothing that is more damaging to the always be with the people. Proceeding advancement of human rights and ethic and the culture of democracy and from that view, I would suggest that equality in development offers the human rights. I am referring to the the problems that we see in some best route for success. flouting of international protocols, con- countries today, which put human What needs to be borne in mind is ventions, statutes and widely accepted rights at risk because of considera- that democracy comes as a package standards which were designed to tions of national security, are not real- that includes human rights, the rule of make this a better world. And yes, I ly about democracy at all. Perhaps law, good governance, development am referring to domestic constitutions they arise from other problems in soci- programmes, the fulfilment of interna- which start off with the highest of ety like intolerance, racism, religious tional and domestic obligations of vari- ideals. I am referring to those of us prejudice and refusal to accept differ- ous shapes and forms. The concept of who feel that the rule of law must be ent cultures, values and norms. I human rights cannot, in my view, be upheld only when they themselves are would suggest that the best way to divorced from that of democracy. not on the receiving end of it. As a deal with the threats posed is to There is a problem, though, and it is judge, I grow quite weary when the address the underlying issues rather this: South Africa played one of the judiciary is blamed for all sorts of than to close down democratic space leading roles in the formation of the things simply because it has proved with repressive laws, as that would United Nations which in turn adopted that no one is above the law. Is it cor- only breed more problems. the Universal Declaration of Human rect to change definitions of democracy What is clear is that a balance has Rights and a host of other instruments and human rights simply because they to be struck between the mainte- which have, as their basis, developing collide with our personal ambitions or nance of national security, on the one a culture of democracy, justice and international aspirations — and then hand, and ensuring human rights, on human rights. Yet it was South Africa we seek to change the rules? ‰

HELEN SUZMAN FOUNDATION Focus 44 2006 29 George Soros The Age of Fallibility Public Affairs 2006 ISBN 1-58648-359-5. Exclusive Books R184.00. http://www.exclusivebooks.com FOCUS BOOK REVIEW By Raenette Taljaard

George Soros heads Soros Fund Management and is the founder of a global network of foundations dedicated to supporting open societies. He is the author of several best-selling books including The Bubble of American Supremacy, Underwriting Democracy, and Open Society.

his is a book that one would The book is divided into two parts performance of governments. That is want to read in the new — one more philosophical, building on an essential function of civil society in a T Enlightenment Room of the the concepts of “reflexivity” in the con- democracy, but it is difficult to get sup- British Museum, which is a magnifi- text of an open society, and one more port for it from other philanthropists, cent restoration of the former King’s context specific, dealing with the ongo- particularly in less-developed coun- Library dedicated to housing an exhi- ing challenges posed by the fact that tries. I gained this insight in South bition on the age of enlightenment. the USA, which has always prided Africa, where the ruling party has an There is, after all, a clear link itself on providing a beacon for good absolute majority; nevertheless, the between this age and the additions governance around the world, has lost conditions of an open society are pre- that Soros seeks to make to Popper’s its direction. This is most recently evi- served by an independent judiciary and concept of an Open Society. It is a denced by the adoption of a draconian a civil society that is willing to hold the unique contribution to an understand- new Military Commissions Act which government accountable”. ing of the factors that lead policy-mak- will overturn existing legislation that This is a very specific challenge for ers to have cognitive limits to their upheld international standards on South African civil society as we expe- rational decision-making and is an detainee rights and interrogation. rience a degree of societal turbulence. appeal to them to understand the This gradual erosion of the moral The Age of Fallibility is a powerful inherently flawed sense of “reality” — high ground and the institutional and compendium of the collective thoughts the concept of “reflexivity” piloted in legal vagaries of waging a near-endless and experiences of a man who has left this book. “war on terror” are effectively explored. his own footprint on history not to Whether it is a market bubble or a The author advocates a revision of US mention the global currency markets policy-maker’s “bubble” of advisers that policies which takes into account the — a man who has been described by feed a flawed reality — the risks of mis- need for international cooperation in some as “Noam Chomsky with a war conceptions and their relationship with solving the problems of terrorism, glob- chest”, having spent considerable sums reality in the policy realm are worthy of alisation and energy. of his private capital in support of future elaboration and further explo- Significantly, for South Africans, the efforts to dislodge the current US pres- ration. Themes related to how political introduction notes the importance of ident in the 2004 presidential poll. reality was “remade” in a dangerous the role of civil society in ensuring that Soros’ mentor at the London School manner by the current US administra- open societies do not only abide by the of Economics, Karl Popper, would have tion are dealt with in detail. Soros seeks formalistic criteria of “democracy”: “I been proud that Soros is seeking to fur- to further a discourse on what challenge realized that the foundations do have a ther the dialogue about the longer-term the world, and US policy-makers, will mission which they could continue to consequences of the trajectory of poli- face in the future in trying to move us fulfill without me. That mission is to cies and multilateral institutional mal- away from this “remade” reality. support civil society in monitoring the adies our world faces. ‰

Additional sources ‹ Byrne, J. A man in full: George Soros, Rawstory, 18 ‹ ‘Soros on goose eggs, elections and money”, Observer, September 2006. Financial Times, 14 September 2006. ‹ Public debate, LSE, 4 July 2006 (George Soros, Professor Lord ‹ Dombey, D. “The billion-dollar memory lapse”, FT Weekend Giddens, Professor Mary Kaldor, Professor David Held, Shami Magazine, 5 August 2006. Chakribarti (Liberty)). ‹ Various interviews with George Soros after the launch of The ‹ Bright, M. Book review – The Age of Fallibility, The Age of Fallibility including National Public Radio, the Council on Australian, 26 August 2006. Foreign Relations, the New America Foundation, Google etc.

30 Focus 44 2006 HELEN SUZMAN FOUNDATION Reflections on Democracy and Human Rights: A Decade of the South African Constitution Edited by Professor Nasila Rembe, Wordsmith Publishing Services FOCUS BOOK REVIEW By Fayeeza Kathree Setiloane director of Werksmans Media and Communications (Pty) Ltd

o commemorate the 10th Likewise, whilst applauding the suggests that the “pay as you go” anniversary of our constitu- Constitutional Court for its out- approach to housing excludes many T tion, the South African Human standing equality jurisprudence and people from access. Rights Commission launched Ref- its progressive approach to discrimi- In summarising the many chal- lections on Democracy and Human nation, Professor Ronald Louw notes lenges that emerge from the review Rights: A Decade of the South African that South Africa remains chal- — for both civil society and govern- Constitution (Act 108 of 1996), which lenged by deep divisions and exten- ment — Professor Cathy Albertyn seeks to review the extent to which the sive poverty and that unless govern- of Cals suggests that the bill of provisions of the constitution and, in ment adequately addresses the rights has not translated into reali- particular, the bill of rights have been pressing issues of unemployment, ty for the many South Africans who translated into reality for the many education and housing, “no jurispru- are in need of its protection. She South Africans that require their pro- dence of whatever high standard can explains, in her realist voice, that tection. It also attempts to assess the hope to bring about equality in the South Africans “are so concerned extent to which the constitution’s country”. Similarly, Dr Neva with their daily survival that the transformative agenda has been imple- Makgetla and Robin Aury, from the constitution is little more than an mented by government and civil socie- Policy Unit of the Congress of South abstract promise” and the rights ty, to improve the lives of the poorest African Trade Unions, explain that therein are meaningless. For many South Africans. whilst government has made some people, democracy and human Through its exploration of key progress in securing socio-economic rights have not taken root to effect issues such as equality, employ- rights, considerable obstacles to uni- change in their lives. Hence, build- ment, land reform, social security, versal access still remain. This, they ing a human rights culture across education, political participation, argue, suggests the need for govern- communities remains an ongoing freedom of expression and the right ment to make a sustained and co- challenge for South Africans within to development, the book reflects on ordinated effort to treat both both government and civil society. democracy and constitutional devel- the causes and outcomes of inade- The book identifies the many opment, their progress and achieve- quate access. gaps and problems in implementing ments, the many challenges encoun- On the issues of land reform, edu- the constitution in the first phase of tered and the lessons for the future. cation and housing, the review raises our democracy and makes recom- In their article, which looks at the pertinent questions about whether mendations for its implementation nature of the post-apartheid state, government’s policy and legislative in the present phase. It is hoped the challenges of transformation and approach remains appropriate: that the SAHRC will use the oppor- the changing nature of civil society, Faranaaz Veriewa of the Centre for tunity created by various contribu- political analysts Chris Landsberg Applied Legal Studies (Cals), asks if tions in the book to consult with and Shaun Mackay describe South the government’s fees exemption pol- government and other stakeholders Africa as a “schizophrenic society” icy is the best approach for the provi- on the many challenges raised which performs well on first-genera- sion of affordable education; Nick de therein. Dealing frankly with the tion civil and political rights but still Villiers of the Legal Resources many criticisms raised in the book is has a long road to travel on second- Centre asks whether government’s crucial to advancing the human generation socio-economic rights. approach to social security and sus- rights discourse in South Africa — They conclude that South Africa tainable development is appropriate without which the constitution remains a democracy with deep- to the high levels of poverty in the will remain “little more than an seated poverty and inequality. country; and Professor Pierre de Vos abstract promise”. ‰

HELEN SUZMAN FOUNDATION Focus 44 2006 31 Joseph Stiglitz Making Globalization Work Penguin Allen Lane 2006 ISBN 0-713-99909-8. Exclusive Books R254.00 http://www.exclusivebooks.com FOCUS BOOK REVIEW By Raenette Taljaard

Joseph Stiglitz is one of the world’s best economists. He was chief economist at the World Bank and chairman of former US president Bill Clinton’s Council for Economic Advisers. Mr. Stiglitz won the Nobel Prize for Economics in 2001 and teaches finance and economics at Columbia University. Other recent titles by this author include Globalization and its Discontents and The Roaring Nineties.

had the privilege of hearing and fair manner can succeed in with energy pollutions which create Joseph Stiglitz address a confer- making globalisation work for global warming, a medical prize I ence on globalisation at Yale everyone — developed and develop- fund, financed by industrialised University in 2003 and he has devel- ing countries alike. This principle countries, that can incentivise oped a powerful ability to weave was on stark display at the recent research to discover cures for dis- together academic analysis and clear- International Monetary Fund and eases that disproportionately afflict cut policy proposals. This ability is on World Bank meetings in Singapore the poor, and a single international display once again in Making where tentative steps were taken to legal standard to govern the use of Globalization Work with the addition reform the decision-making process- “anti-dumping” or to “safeguard” of lively anecdotes that bridge the gap es that inform the actions of these tools to block imports. between theory and practice. bodies. Given the sheer scale of Whilst realpolitik engenders a A core element in the book is the challenges the global community growing sense that the doctrine of disparity between the promise and faces, there can be no doubt that the US-exceptionalism may prove to be a the reality of globalisation and world requires international organi- formidable hurdle to some of the glob- between the pace of economic globali- sations that have moved beyond the al policy measures Stiglitz has pro- sation and the pace of the globalisa- confines of their post WWII strait- posed, the proposals are cogent and tion of politics and mindsets. jackets and can guide economic, could have an impact on the future of Stiglitz points out that one of the political and social policy and craft globalisation and the perceptions of key fault lines is the fact that eco- global consensus about the core its respective benefits and costs. nomic globalisation has outpaced challenges of our time. Given the role that South Africa political globalisation. Through his Among a plethora of policy pro- has already played in moving for- cogent analysis, and recent global posals contained in the book are pro- ward the discourse on global multi- events, it becomes clear that globali- posals for ways of dealing with the lateral institutions and the spirit of sation can only carry promise if the crippling indebtedness of developing multilateralism, and the newly institutions on which it has built its countries (including suggestions acquired UN seat that South Africa core foundations are reformed. that they be allowed to borrow in will occupy in these debates, Only solid multilateral institu- their own currencies or a basket of Stiglitz’s new publication is a wor- tions that escape the malaise in currencies), a system of global thy addition to the shelves of South which many currently find them- reserves to overcome international African policy-makers who have a selves and are capable of articulat- financial instability, an economically keen understanding of the dynamic ing and voicing the concerns of the incentivised framework (a common link between local challenges and global community in an equitable tax on carbon emissions) for dealing global currents. ‰

Additional sources ‹ O’Neill, J. “Globalisation should be praised – not diminished”, ‹ Beattie, A. “The Global Gadfly”, FT Weekend Magazine, 16 Financial Times, 14 September 2006. September 2006. ‹ Stiglitz, J. “We have become rich countries of poor people”, ‹ “Joe has another go”, The Economist, 7 September 2006. Financial Times, 8 September 2006. ‹ Making Globalization Work, Yaleglobal www.yaleglobal.yale.edu

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