CAPE TIMES TUESDAY, MARCH 18, 2014 INSIGHT 9 Intellectual property laws are necessary to drive growth Why the ANC

Franklin Cudjoe ing around words like “satanic”, he puts year ARV shortages in also Both countries have already produced number of patent applications originating must not wilt himself in company with Iran’s Ayatollahs raised questions about the ability of continental champions in tech-driven indus- from South African industry has declined CONVENTIONAL wisdom holds that and the late Hugo Chavez, who both vilified generic firms to provide a steady supply of tries, and many start-ups. But all these com- over the last decade. where South Africa goes, other African their enemies as evil incarnate. Surely we HIV drugs, further increasing the risk of panies rely on IP laws to protect their busi- Africa stands on the threshold of a new under close nations eventually follow, and this has gen- can do better. drug resistance. And it’s not just HIV: the nesses, which in turn benefit economic era, but still faces a number of challenges. erally been a good thing: over the last two The South African government is right rise of multidrug-resistant tuberculosis development. Telecom, media and IT firms In addition to controlling and some day decades South Africa’s successful transi- to be concerned about the availability of also requires powerful new drugs backed by like Ghana’s SOFTtribe and South Africa’s defeating HIV, we need sustained economic scrutiny tion to democracy, economic expansion, HIV drugs, which is a heavy focus in the formidable research efforts. MTN, Naspers, and Datatec don’t just growth to raise standards of living, foster and progress fighting disease have all fore- draft policy: despite some good news, However, the IP issue goes beyond health employ people and pay taxes – they’re also the continent’s growing middle class, and shadowed similar achievements elsewhere. including a one-third drop in new infections care, as weak IP laws also threaten to speeding up regional economic integration. anchor new democratic institutions. This Now another wave of change is under way, from 2004 to 2012, millions still do not have undermine Africa’s broader development. According to a recent World Bank estimate, will require developing new areas of talent IN MY ARROGANT driven by new technologies and innovative access to antiretroviral treatments – and Simply put, IP is the key to moving beyond a 10 percent increase in broadband coverage and expertise, creating more value-added businesses, with the potential to raise mil- millions more across the continent will commodity-based economies. could produce a 1.4 percent increase in eco- businesses, and moving the continent’s OPINION lions more out of poverty. need new drugs as the virus continues to Like many African countries, South nomic output across Africa. economies away from a dependence on Khaya Dlanga That’s why it’s disturbing to think South mutate, forming drug-resistant strains. Africa has benefited from abundant natural By the same token, Africa will find it dif- commodities. Strong IP laws will form the Africa might lead the continent in the That’s why it’s dangerously short-sighted resource wealth, with extractive industries ficult to become a world centre of innova- foundation for the investment and innova- wrong direction by weakening the intellec- to weaken Intellectual Property (IP) laws as contributing around 6 percent of total GDP, tion if academics and researchers have no tion we need to achieve these goals. NELSON Mandela said, “Those who tual property protections that underpin our this policy would do. Each new drug takes similar to Ghana, where they contribute incentive to produce. There are already It’s alarming to think South Africa conduct themselves with morality, economic development. around R11 billion and 12 years to develop, around 8 percent. Both countries rely on plenty of challenges on this front: over the might choose to set a damaging precedent integrity and consistency need not fear Most readers will have heard about the and threatening drug makers with compul- commodities exports as a key source of for- last few years South Africa’s research and with the National Policy on Intellectual the forces of inhumanity and cruelty.” recent controversy surrounding pharma- sory licenses – which would allow another eign trade and investment, but recent down- development spending has slipped to under Property and point Africa in the wrong If there is integrity and morality then ceutical industry lobbying against South company to cheaply reproduce the original turns have shown that commodities alone 1 percent of GDP – far below the govern- direction. there should be nothing to fear from Africa’s proposed National Policy on Intel- drug at any time – jeopardises investment can’t provide long-term prosperity. This is ment’s stated goal of 2 percent of GDP by ● Cudjoe is founding president and chief Public Protector Thuli Madonsela lectual Property. Leaked documents rarely into future drug research. why the presidents of Ghana and South 2018. Business-funded and foreign-funded executive of the Imani Centre for Policy & because those forces of morality, integrity cast a flattering light on their subjects, and Meanwhile, recent studies suggest ARV- Africa are calling for investment in high- research and development, which previ- Education in Accra, Ghana. Imani has been and consistency will be victorious if there this case is no exception. But when the resistant HIV is on the rise in east Africa, growth industries, like information tech- ously contributed over half the total, have ranked as the fourth most influential think is some mischief from the Office of the South African health minister starts throw- where the drugs first became available. Last nology and green energy. both dropped. Even more ominous, the tank in Africa. Public Protector. Madonsela is in trouble because she is trouble to what may be troublesome practices. This is her problem. Being too fearless and not navigating the political minefields deftly enough. GANGSTERISM: DON’T RELY ON THE STATE She has just executed her job as ordained by the South African Constitution. She runs a Chapter 9 institution. Our constitution says the following about these institutions: 1. The following state institutions Real change will come from us strengthen constitutional democracy in the Republic: (a) The Public Protector. (b)The Human Rights Commission. ([Para. (b) amended by s. 4 of Act 65 of 1998.] (c) The Imam Dr A Rashied Omar We need to work Commission for the Promotion and Protection of the Rights of Cultural, IN MY capacity as chairperson of the Religious and Linguistic Communities. (d) Western Cape Religious Leaders Forum hard to strengthen The Commission for Gender Equality. (e) (WCRLF), we have been providing support The Auditor-General. (f) The Electoral to victims of gang violence in the vibrant civil Commission. since August 2013. So during the past cou- 2. These institutions are independent, ple of months of my teaching stint at the society organisations and subject only to the Constitution and the University of Notre Dame in the US, I have law, and they must be impartial and must been following the news about the renewed in Manenberg and exercise their powers and perform their outbreak of gang violence in Manenberg functions without fear, favour or prejudice. from abroad with great trepidation. on the 3. Other organs of state, through Since the beginning of the 2014 aca- legislative and other measures, must assist demic year, the 16 000 pupils enrolled at and protect these institutions to ensure the Manenberg’s 18 public schools and their independence, impartiality, dignity and courageous teachers have had to live with where it is happening.” The people of effectiveness of these institutions. the daily threat of being “caught in the Manenberg have many positive and inspi- 4. No person or organ of state may crossfire” going to or from school, and rational stories to share. interfere with the functioning of these even at school. I would like to share two such inspira- institutions. For example, on February 8, a 17-year- tional stories. The first is recounted by 5. These institutions are accountable to old boy was stabbed in the back by gang Shafiek Abrahams, the principal of the National Assembly, and must report on members who forced their way on to the Phoenix High School in Manenberg. their activities and the performance of grounds of Silversteam Secondary School. Shafiek tells of one of his former pupils, their functions to the Assembly at least once This constant threat of violence has “Craig”, who lived in a Wendy house with a year. meant that many parents have been reluc- his alcoholic mother. With the support of Those who have something to hide are tant to send their children to school, and his teachers, Craig matriculated and went threatened by Madonsela doing her job. last month, at least four schools in Manen- on to enroll at the University of Western She has turned her office into an effective berg reported attendance of less than Cape for a degree in accountancy. In 2013, entity because of its fearlessness in 50 percent. Moreover, in the past few days Craig passed both his board exams while delivering reports without fear or favour. since my return back home, I have been doing his articles, and is now a qualified It appears that there is a concerted even more distressed by the escalation of charted accountant. effort to discredit Madonsela, as gang violence, this time in . The second is the story of “Ivy”, a evidenced by Bishop Pule Makgethi, who The safety of the people of Manenberg, reformed gang member from Manenberg. says that he represents independent especially the children, has been in my Ivy had a difficult youth. She grew up in an churches with over a million members. daily supplications during my time overcrowded house in Manenberg. She “Our main bone of contention is that abroad. But in addition to prayers, my dis- suffered verbal, physical and psychologi- the public protector is poisoning the tance from South Africa has also provided cal abuse by her parents. At the age of 13 atmosphere in our country by her general me with a useful opportunity to reflect she stabbed her stepfather with a knife, demeanour in the execution of her duties, more diagnostically on the root causes of and her mother threw her out of the particularly in the matters of advocate gang violence and actions to transform it. house. Once on the street and without shel- Pansy Tlakula and SABC COO Hlaudi I invite you to consider the ideas I offer ter, Ivy joined a gang. She says that was Motsoeneng.” here as yet another opportunity of re-ener- “the best option for her” because the gang The bishop said he was addressing the gising a much-needed discussion about the offered her the support and care her par- media out of concern for “demonic forces best ways of combating the scourge of ents had denied her. which planned to derail the revolution gang violence on the Cape Flats. During this time Ivy did not drop out of and the freedom of our people”. First, and foremost, it is important to school. Moreover, at the end of high school One of the things Madonsela found to remind ourselves that the torment that the HISTORY: The root cause of gang violence lies firmly in the apartheid policy of forced removals, says the writer. she won a scholarship to study art at a be irregular was Motsoeneng’s salary people of Manenberg have to endure as a local college. She chose to study anima- increase, from R1.5m to R2.4m in a year. result of gang violence is not unique and tion. Revealing her personal motivation The ANC needs to be careful not to exceptional. In fact, official statistics for currently has a population in excess of of the people of Manenberg is going to be launched the Safe Manenberg Campaign. behind enrolling in the art course, Ivy come across as drawing a laager around 2014 indicate that more people have been 70 000 inhabitants. It has an unemploy- reduced to a political football as political Our goal is to establish a Manenberg said:, “I actually didn’t take this course certain individuals. When the powerful killed and injured as a result of gang vio- ment rate of over 60 percent. parties scramble to get votes. This leads Interfaith Forum that will harness the just because of the benefit for me, but also seem to be enjoying the protection of the lence in each of the Cape Flats townships The structural conditions under which me to my next, and fourth, point. healing and unifying potential of local for my community. I told myself that if I’m party, the masses get restless and the of Hanover Park, Mitchells Plain and people in Manenberg live make it a breed- I have for some time now argued that religious leaders for the development of going to finish my studies, I’m also going president gets booed. than in Manenberg. ing ground for gangsterism and drug traf- we need to rid ourselves of our ill-founded community-wide initiatives to promote to come back to my community and train The sooner the ANC confronts the For example, during the past few days ficking. Today, 20 years into our new obsession with seeking real and lasting peace, safety and security. It is my earnest other younger people.” Ivy is determined issues that need addressing, the easier its our local news has been dominated by the democracy, Manenberg is still considered solutions to our social problems through call to all citizens of to join us to become a successful artist and give back path will be in electioneering. violent deaths in Mitchells Plain as a a no-go zone by almost everyone. On the prism of the state. What is desperately in strengthening civil society structures to her community. The attacks on Madonsela seem to result of gang violence. The scourge of February 8, Western Cape Premier Helen needed is a paradigm shift. Social activists in Manenberg and elsewhere on the Cape Craig and Ivy’s stories illustrate the confirm what the public already suspects, gang violence in Manenberg is thus symp- Zille cancelled her electioneering visit to need to focus their attention and resources Flats so that we can overcome gang incredible resilience and creative potential that there may be something to hide. tomatic of the precarious conditions Manenberg after gunshots were heard in away from the state in search of solutions violence. of the youth in Manenberg. We admire The ANC would do well to heed the under which most Capetonians living on the area. to societal problems. Fifth, it is the responsibility of people this resilience and creativity and should words of Mandela when he said, “I can the Cape Flats subsist. Third, as we approach our country’s Real change will come from civil society of faith to keep the lamp of hope alive. We strive to nourish it. We salute the coura- promise you, we will not wilt under close Manenberg thus represents a micro- fifth national elections on May 7, we need organisations, not from the state. We need to celebrate the triumph of the geous teachers of Manenberg who stand scrutiny. It is our considered view that cosm of the marginalisation and exclusion to state loudly and clearly that our govern- therefore need to work hard to strengthen human spirit against all odds. In this by and support their pupils under trying such criticism can only help us to grow, by of people of colour in the city. ment, both local and national, has failed to the vibrant civil society organisations in regard we need to celebrate the resilience conditions. These are the kinds of stories calling attention to those of our actions Second, we should never forget that the curb gang violence in Manenberg and Manenberg and elsewhere on the Cape of the people of Manenberg who are work- that need to be foregrounded so that the and omissions which do not measure up root causes of gang violence lie firmly in elsewhere on the Cape Flats. Flats. We need to encourage these ing hard every new day to claim back their violent narrative of Manenberg can be to our people’s expectations and the the apartheid policy of forced removals. Politicians of all stripes have forsaken organisations to collaborate more effec- community for peace and justice. transformed. democratic values to which we Manenberg was established in 1966 to their legal duty and moral responsibility tively and to synergise their efforts in pur- As Abdullah Ibrahim’s famous jazz ● Dr Omar is Research Scholar of subscribe.” accommodate people of colour who were to protect the children of Manenberg and suit of the common goal of creating safer musical piece which provided so much Islamic Studies & Peacebuilding at the The ANC is capable of achieving this forcibly evicted from . It was instead engage in cynical political jostling. communities. inspiration during the dark days of Kroc Institute for International Peace Stud- standard if it wants to. There are some in built to accommodate 3 000 residents but In the coming weeks, regrettably, the safety In this regard, the WCRLF has apartheid proclaims; “Manenberg is ies at the University of Notre Dame. the ANC who want this and live up to it.

SA is not perfect, but we are light years away from being a failed state

DO WE South Africans suffer from an infe- challenges of inequality, poverty and poor president right now. But that doesn’t mean we have successfully thwarted efforts to The fact that so many communities are riority complex, or self-loathing? Are PALE education. I’m angered at the smugness we’re failing as a nation. Our country has undermine freedom of speech. Our civil protesting virtually every week is disturb- most of us, black people included, closet and apathy of so many in the business many, many failings, some of them very society is energetic and determined, and ing, but it is also proof that we still are a Afro-pessimists? NATIVE community and the white minority. serious. That doesn’t make us a failed state. has the democratic space to operate. democratic society and that we let our I’m struggling to find explanations for Max du Preez I’m alarmed at all the red lights There is no such a thing as a country or I was reminded last week that exactly voices be heard when we’re unhappy. the widespread pessimism about the future flashing, at our inability to deal with the society without failings. We should not 20 years ago, a powerful armed force If enough of us believe we need a of South Africa. I’m not talking about the fundamental fault lines in our society and compare ourselves to pristine states like under Constand Viljoen invaded change in government, we can vote our anger at corruption, abuse of power or to the ANC. what that implies for our future. I docu- Sweden or Germany, but to comparable Bophuthatswana with ambitious plans to present government out of office on May 7. ineffective administration. I’m talking Those who have read my writings over mented these meticulously in my recent states like Turkey, India, Brazil, Nigeria, destroy our prospects of a political settle- The legitimacy of our elections is never in about the hyperbolic predictions of becom- the last decades must know that I’ve never book, A Rumour of Spring. even Russia. ment. Today right-wing extremism is doubt. Everybody, from supporters of the ing a failed state. been a sunshine journalist. The ANC has, But I really, really don’t believe for a sec- We are an open society, more so than reduced to a few loonies on the . Economic Freedom Fighters to the Free- My column on this topic last week, just as the National Party had done before ond that we’re doomed; that we’re about to most. Really open societies never become Have we forgotten that we have never dom Front Plus, will have a voice in rebuking an American lawyer who had 1994, called me an enemy of the people become a failed state. failed states. Twenty years after liberation, once since we became a state in 1910 Parliament after May. declared on CNN that South Africa was a and an obsessive troublemaker on many I still have a child in primary school. freedom and democracy are entrenched in stepped over the abyss – that, as the old say- The state of our nation is indeed failing country, elicited much response in occasions. She is my most important responsibility in the hearts of our citizens. We will not allow ing goes, the worst never happens in South worrying. But we have all the tools and newspapers, on radio and social media. I I’m certainly deeply disappointed at life. If I were not sure that she could have anyone to take these away from us. Africa? We had our Arab Spring in the institutions – and a freedom-loving citi- was heartened by the many who supported how the ANC had progressively abandoned a fulfilling, decent life in South Africa in We have a rock-solid constitution that is 1980s, and we had the leaders that steered zenry – to deal with anything thrown our my stance, but the most vociferous were its ideals and sense of morality after the decades ahead, I would have planned a extremely hard to change and a credible us into a democratic settlement rather than way. We’re probably not going to live up to those who said that I was living in a they came to power; how it wasted the future for her elsewhere. judicial system guarding over it. We have a situation now prevailing in states like our full potential, but we’re not about to go fool’s paradise or that I was sucking up opportunities to deal decisively with our We don’t have a good government or free, independent and diverse media and Libya, Egypt and Syria. down the tubes.