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You'll discover a company setting new f PROFESSIONAL PRODUCTS PROFESSIONELEPRODUKTE P.O. Box273 New Road, Halfway standards. Now. And in the future. Halfway House 1685 House. Tel805-2110 Helping the hands that heal. WINTER 1996 Editorial President Mandela in the United Kingdom, Deputy SOUTH AFRICA President Mbeki in the United States and Olympic gold INDICATOR medals - South Africa is in the world news again - happily as a result of events which make us proud. On the political front, the South African ambassadors Quarterly Report VOLUME 13 NUMBER 3 undoubtedly had much explaining to do. Internally, continuing political violence in KwaZulu-Natal and concomitant political instability raises concerns, as CONTENTS does crime and industrial action.

But it is South Africa's role in the region that increasingly Trading Places: 64 attracts the heat of the international spotlight. This wmmiM nomiou Nigeria and South Africa country is under mounting pressure to provide a POLITICAL MONITOR normative model of reconciliation and reconstruction Adekeye Adebajo and Chris Landsberg Africa's future wars will be waged against poverty and which developing countries on the continent and KwaZulu-Natal's Constitution: 31 in favour of political liberalisation. South Africa is better beyond may learn from. Added to this formidable task, Majority Rules, OK? Turning Point Or Footnote? positioned than Nigeria to lead the continent. South Africa is also expected to be Southern Africa's The GNU and Multiparty Democracy Alexander M. Johnston economic powerhouse. David Welsh The bruising experience of the constitution making Responding to Jung and Shapiro's criticisms of the process showed that the term 'ruling party'has limited Under the new global order in which state boundaries Government of National Unity, this article argues that it significance. have become increasingly porous, these challenges helped stabilise the country. are unavoidable. This edition of Indicator SA focuses on cross-border migration and other issues pertinent to the Shifting The Balance? 36 region. Articles consider whether stronger border Local Elections in KwaZulu-Natal controls are the answer, or whether refugees deserve Defending Borders:Strategic Charm Govender preferential treatment over the inappropriately named Responses to Illegal Immigrants Votes were cast in terms of material and economic DEVELOPMENT MONITOR Hussein Solomon interests. The ANC is popular with urban African 'illegal aliens'. communities, while the IFP retains its rural dominance. Evaluating responses to the influx of illegal immigrants The Development Corridor Route: 70 into the country, this article concludes that stronger But a common thread runs through all these debates: border controls are needed. New Highways or Old By-ways? the ultimate solution will require a cooperative effort by Anticlimax: 41 Philip Harrison and Alison Todes all countries in the region to tackle the root causes of Cape Town's Local Elections This article considers the Witbank-Maputo Corridor and mass migrations. In her article, Ryan Sinclair warns that proposed KwaZulu-Natal corridors. The idea is Jeremy Seekings conceptually crude and needs refining. the potential for refugee crises in Africa is great, Unwilling Aliens: Forced Migrants 14 In a supposedly titanic local government contest, the whether from political persecution, civil war, in the New South Africa ANC's challenge petered out and the NP limped into environmental degradation or economic ruin. But what power, maintaining its dominant position. Marion Ryan Sinclair of the short term? How should the inevitable influx of A distinction must be made between forced and people be handled? voluntary migration, as refugees are inevitably and 76 inappropriately branded 'illegals'. [Resettling Old Scores: 46 Learning the Home Way: An analogy borrowed from Ryan Sinclair's article Land Restitution in KwaZulu-Natal Home Schooling and the SA Schools Bill presents an insightful comment on short term Cherryl Walker Kate Durham strategies. Returning to international events, this year's This article describes the major issues confronting the Greater school choice and parental involvement are the trend internationally. Home schooling is a valid option, Commission on Restitution of Land Rights' work in Mount Everest expedition is one many South Africans Old Habits Die Hard: 19 unduly restricted in the draft SA Schools Bill. KwaZulu-Natal. feel ambivalent about. It illustrates a world in which Can SADC Counter Military morality is qualified by location, for these mountain Intervention in Southern Africa? climbers - over a certain elevation. Ryan Sinclair Jakkie Cilliers and Mark Malan asserts that a similar ethic now characterises Civil-military relations are fragile in Africa, which international refugee policy in which politics and presents a major challenge to the Southern African COMPARATIVE MONITOR 80 Development Community's task. Power For the Green People? financial costs determine humanitarian assistance. The Constitution and the Environment Michael Kidd Immigration to the United States: 52 The Constitution is an improvement, but the I would like to dedicate this issue to the memory of Issues and Problems environmental right may be sidestepped by the Donna Taylor. Many of us at Indicator were touched limitations clause or conflict with other rights in the Manuel Orozco by her brightness every so often in the office. ECONOMIC MONITOR Constitution. Anti-immigration sentiment is increasing in the US. Having brought so much energy and sun to While certain immigration trends are related to foreign Indicator, we wish her mother and Indicator Press policy and racial identification, the global context is editor, Karen Mac Gregor, all possible strength. important. Economic Outlook 25 Richard Simson The 'Brown Agenda': Environment 84 The macroeconomy has recently endured a major Integration Politics: 59 and Development in Cato Manor Antoinette Louw, Editor change. Foreign exchange markets have been volatile European Union Lessons For Southern Africa and the rand has suffered considerably. Zarina Patel MeshackM. Khosa Urbanisation in Third World cities causes environmental problems that undermine quality of life, This article argues that South Africa should encourage INDICATOR SOUTH AFRICA produces Quarterly Reports and INDICATOR particularly among the poor. These issues are central less polarised economic development and a more PRESS publishes investigative books. Both are based in the Centre for Social to urban management. and Development Studies at the University of Natal, Durban Opinions Cover painting by Louisa Wassenaar democratic political environment in the region. expressed are not necessarily those of the Editorial Committee and should not be taken to represent the policies ot companies or organisations which are donor members of Indicator Soulh Africa. Indicator Press Editor Karen Mac Gregor Production Rob and Marion Evans © Copyright for all material herein is held by INDICATOR SOUTH AFRICA. Indicator SA & Crime and Conflict Editor Antoinette Louw Editorial Committee Simon Bekker, Murk Bennett, Rob Evans, Mervyn Frost Permission to republish or reproduce any part of this publication must be Editorial Assistant Sarah Frost Administration/Marketing Pat Fismer Richard Humphries. Myrna Kaplan. Meshack Khosa, Antoinette Louw. Karen Mac Gregor, obtained from the publisher. Printing Creda (Natal) Julian May. Mike McGrath, Valerie Miller, Lawrence Schlemmer

By David Welsh Department of Political Studies, University of Cape Town

In our Winter 1995 issue, Courtney Jung and Ian Shapiro criticised the Government of National Unity because it precluded institutionalised opposition and was undemocratic. Here Welsh responds, arguing that it helped stabilise South Africa, and that the looming single party hegemony is unlikely to consolidate democracy. Consensus is vital for democracy in deeply divided societies like our own.

n their root and branch critique of the Constitution performed the vital role of Government of National Unity (GNU) enabling de Klerk to sell the negotiating Iconcept as enshrined in the interim process to an increasingly apprehensive Constitution, Jung and Shapiro (1995) make constituency. some telling points about the need for democracy to institutionalise space for an It is difficult to imagine him winning so big opposition and how the GNU served to a majority in the referendum of March 1992 diminish this spacc. had he been obliged to say - in effect - to white voters: 'We are democratising, and With the departure of the National Party democracy means that the winner takes all'. (NP) from the GNU, the tenuous continued Most whites knew intuitively that the ANC participation of the Inkatha Freedom Party would win the first election hands down. It (IFP), and the dropping of the entire concept would not have been realistic to expect that from the final Constitution, it may seem like without lowering the stakes as provided by flogging a dead horse to put in a good word the GNU, they would have been prepared to for the principle underlying the GNU. But in move from a position of complete power to their enthusiasm to criticise the GNU, Jung (at least) formal powerlessness overnight. and Shapiro appear not only to down-play its importance in helping South Africa to stabilise, but also to advocate a style of GNU after 1994 The politics that is likely to be inimical to the What is also missing from Jung and pseudo-federal consolidation of democracy. Shapiro's article is any assessment of the provisions of the role played by the GNU in the post-1994 interim As the authors acknowledge, South Africa's period. They might well retort that it was not Constitution transition was unlikely to have proceeded their intention to do so, but their emphatic enabled de Klerk unless the ANC acquiesced in power sharing rejection of the GNU concept leads one to arrangements. The actual provisions of the to sell the suppose that its actual operation, in their interim Constitution fell far short of what view, was a failure. negotiating FW de Klerk and the NP originally process to an demanded and, moreover, they were only to It is certainly true that participation in the apprehensive last for five years. Even so, these and the GNU put the NP in a bind: simultaneous constituency pseudo-federal provisions of the interim membership of government and opposition

L'tiLLtllrilL LiLiLLLVLlii 6 INDICATOR SA Voi 13 No 3 Winter 1996 is probably not tenable over the long haul. A notwithstanding. This is likely to continue. The salience of marginal exception might be Austria in its It may spare South Africa the miseries of race to a targe post-war consociational phase - or Britain acute ethnic conflict among Africans, but it extent eclipses or will not eliminate 'racial' voting. Results of during the wartime 'grand coalition', when mutes the Labour backbenchers, led by Aneurin the local government elections in 1995, and salience of Bevan, vigorously attacked a government in Greater Cape Town and KwaZulu-Natal that included Labour's leaders. Neither of in 1996, appear to confirm this pattern. ethnicity among these examples has much relevance to the Africans South African case. So far as I can see - and possibly this is not very far - racial inequalities and memories More relevant to the critique of the GNU of apartheid are likely to be the ANC's concept - and it is surprising that Jung and major campaign issues for a long time to Shapiro do not mention it - is the failure of come. Given its stature as the premier constitutionally required coalitions in African liberation movement and the heroic Cyprus (1960) and Northern Ireland (1973). position of President Mandela, it is hard to The depth of the divisions in both these see either a significant split in the ANC cases, to say nothing of external interference and/or the emergence of a serious electoral in the case of Cyprus especially, probably rival in the foreseeable future. ensured that no democratic dispensation of any kind could have succeeded. The ANC's determination to prevent splits appears apparent from its successful Jung and Shapiro assert that the April 1994 insistence on retaining, in the final election results belie the conventional Constitution, the clause which requires wisdom that politically South Africa is deflecting MPs to vacate their seats. I am in deeply divided along ethnic lines. They complete agreement with Jung and A significant split Shapiro's sharp criticism of this provision. argue that both the ANC and the NP in the ANC or the campaigned as non-racial parties, collecting emergence of a substantial numbers of voters from various Jung and Shapiro's generalisation that population groups. This seems to be dubious. liberation movements previously held serious electoral together by shared opposition, break up once rival is unlikely in Indeed, the coloured and Indian vote was their internal diversity and latent divisions the foreseeable split, with substantial majorities in both come to the fore, requires supporting future cases going to the NP. Neither the coloured evidence. It does not appear to have been a nor Indian communities can be considered common trajectory in sub-Saharan Africa, ethnic groups, since both are riven by where alas, one party states and military internal cultural and political differences. coups (often in sequence) have been more That most supported the NP, which had normal. Even Botswana's record of a inflicted the Group Areas Act and other functioning parliamentary democracy is humiliating discriminatory laws on them, based on continuing single party hegemony. was more a case of supporting the devil they knew than a reflection of the lack of salience Jung and Shapiro (following Przeworski) of race in the elections. write approvingly of 'institutionalised unpredictability' and a 'genuinely Moreover, the percentage of whites competitive' political system. The question supporting the ANC, and the percentage of is whether these are realistic hopes: the Africans supporting the NP was small, and answer is probably not. Moreover, it is did not constitute a promising base for the difficult to cite a single example from growth of genuinely multiracial parties in a another diverse polity where a party system genuinely competitive multiparty system. rooted in race or ethnicity has transformed The argument that 'race' was only a into one where the basis of the party system In sub-Saharan marginal factor and that 'interests' were is class or ideology (or obviously, both). Africa, one party paramount instead, is unconvincing, if only states and for the simple reason that 'interests' in Divided society military coups South Africa have invariably been have been enveloped by 'race' in popular perceptions. One can agree with much of Jung and normal Shapiro's argument about the need for an opposition and the importance of opposition Racial voting to any credible democratic political system. The salience of race to a large extent A further set of considerations turns on the eclipses or mutes the salience of ethnicity issue of whether a deeply divided society - among Africans, 'Zulu exceptionalism' pace the authors, South Africa is such a

INDICATOR SA Vol 13 No 3 Winter 1996 7 I'liLLVllraL LtllLiLl'Lli I know no deeply society - can sustain competitive, recognised - Malaysia is a case in point, divided society confrontational and adversarial politics in whose ossified consociational system would where 'winner which alternating government is 'normal'. have been additional grist for the authors' mill. takes all' politics I know no deeply divided society where have sustained a 'simple majoritarianism' or 'winner takes At least though, consociational theorists democratic all' politics have sustained a democratic have done something to shift the outcome outcome. South Africa's final Constitution liberal-democratic paradigm out of an marks a decided move in this direction: intellectual rut. Jung and Shapiro are far too 'simple majoritarianism' is mitigated only sophisticated as theorists to be unaware of marginally by pseudo-federalism and a bill the important differences between of rights. Could a worse constitutional form 'majoritarian' and 'consensual' have been chosen? Probably not, but then, democracies: their paper would have been constitutions are not the sole determinants of more helpful if it had explored in greater how politics is conducted, and politicians depth what mechanisms exist for building may yet come to appreciate that a more consensus. consensual type of democracy is required for our particular circumstances. It is crucial to develop mechanisms and/or a political culture that 'lowers the stakes' of It is doubtful whether South Africa has yet political conflict in South Africa. As matters developed (if, indeed it can develop) the sort stand now, we are headed for single party of political culture that could accommodate hegemony and, unlike the beliefs of the the kind of democracy that Jung and Shapiro authors, there seems little prospect of a appear to be advocating. That is more of an fragmenting ANC leading to a more fluid There seems intuitive judgement than one that rests on political situation. evidence which, by definition, does not yet little prospect of a exist. Perhaps single party hegemony is the best fragmenting ANC guarantee of stability that we have - it could leading to a more At several points in their article the authors even be mitigated by a vigorous civil society fluid political snipe at consociational democracy - and in and backbenchers who do not bow cravenly situation particular, at Arend Lijphart's encomium of to the party leadership. The Sarafina 2 the interim Constitution's consociational scandal, though, is not a promising portent. features. While not proposing to defend These are seductive thoughts, but ultimately consociationalism generally, or its South they are self-defeating. Dominance creates African application, it would be useful - in a an appetite for yet more dominance; and genuine quest for information - to know hegemony creeps inexorably, bringing where in a deeply divided society, sclerosis and deformation in its wake. LL'£(3 democracy has been sustained without having at least some consociational features? I know of no such case.

REFERENCES Of course, consociationalism's failures and Jung C and Shapiro I (1995) 'Power Sharing Versus the dangers that this system creates are Democracy', Indicator SA Vol 12(3).

I'liLlVLlrdll- LiLiLLLVLiLii 8 INDICATOR SA Vol 13 No 3 Winter 1996 STRATEGIC RESPONSES TO ILLEGAL IMMIGRANTS

By Hussein Solomon Institute for Defence Policy

Government has generally responded to the influx of illegal immigrants with reactive, short term policy measures. This article evaluates the various strategic responses, concluding that stronger border controls are needed. Equally necessary are bilaterals with South Africa's neighbours focusing not only on regulating population flows, but also on confronting the root causes of mass migrations.

stimates of the number of illegal Misdirected morality immigrants in South Africa range Efrom two to eight million. Whatever There is an argument which posits that given the exact figure, it could be argued that the the years of apartheid destabilisation of the presence of such large concentrations of region, South Africa owes a moral debt to its undocumented migrants seriously threatens neighbouring countries. This debt prevents the stability of the South African state and South Africa from employing coercive adversely affects ordinary South Africans' measures to solve its illegal alien problem. quality of life. Rather - the argument goes - South Africa needs to accommodate the region's people I;or instance, in 1994, 12 403 illegal within its borders in some form or another. immigrants were arrested in South Africa This argument is not only dangerous, but its for committing serious criminal offences, logic is extremely fallacious. including rape and murder. The negative security implications of hosting a large It is dangerous because, as any realist illegal foreign population are well knows, if a relatively safe and prosperous documented - not only in South Africa, but country - as South Africa is within the in Asia, Europe, the Americas and Africa African context - opens its borders, it risks itself. being overwhelmed by a massive influx of immigrants from poor or violent countries. It is not the purpose of this article to analyse Myron Weiner (1995: 175) puts it this way: the factors which lead to population In 1994, 12 403 displacements or the effects of such mass "Any country rich or poor, that opened illegal immigrants migrations, as there is a burgeoning its borders might soon find other states were arrested in literature on these aspects. Rather, it taking advantage of its beneficent South Africa for evaluates the effectiveness of various policy. A neighbouring country whose committing strategic responses to curb the influx of elite wanted a more homogenous society serious criminal illegal immigrants into the Republic and could readily expel its minorities; a offences concludes with a few proposals. government that wanted a more

INDICATOR SA Vol 13 No 3 Winter 1996 9 IHitlMGGE KGIIIMlG Does Zimbabwe egalitarian society could clump its There is however, another side to South owe us a moral unemployed and its poor; an Africa's relationship with its neighbours, debt as well for authoritarian regime could rid itself of revolving around the relationship between assisting them in its opponents; a country could empty its its liberation movements and the Frontline jails, mental institutions, and homes for States. Soldiers of the African National their the aged. In an extreme case, an Congress's armed wing Umkhonto we independence overcrowded populous country could Sizwe fought alongside Zimbabwean struggle? take over a hypothetically generous African Peoples Union fighters during that country simply by transferring a large country's rocky road to freedom. part of its population, and an aggressive country would no longer need tanks and Does this mean that Zimbabwe owes us a missiles for an invasion. " moral debt as well for assisting them in their independence struggle? Does this debt then But the logic of the moral argument is also cancel out the debt caused by apartheid's fallacious, and several criticisms can be regional destabilisation? levelled against such a view. First, can the current South African government be held The third criticism of the moral debt accountable for the actions of the previous argument is that while we should be illegitimate apartheid one? Can the current concerned with the welfare of human French government of Jacques Chirac be beings everywhere, does the South African held responsible for the turmoil Napoleon state not owe a greater moral debt to its Bonaparte caused in Europe in the own citizens, large numbers of whom are nineteenth century? homeless, jobless and illiterate? And finally, how does one quantify a moral The moral Second, regional destabilisation was far debt? While personally appealing, the moral argument is an more complicated than some commentators argument is an inadequate basis on which to inadequate basis would have us believe. Certain of our build policy. on which to build neighbours benefited a great deal from cooperation with the apartheid state. policy Consider just two examples: Malawi and International law Swaziland. Malawi, under President-for- Some of those who embrace the moral Life Hastings Kamuzu Banda, was one of argument also point out that there are the few African states to enjoy full several international norms which prevent diplomatic relations with South Africa. For the state from undertaking various coercive this and for cooperating in other spheres, it measures such as enforced repatriation to received various material benefits from the deal with illegal aliens. Once more, there are apartheid pariah. problems in this argument stemming largely from the fact that international law is rather Swaziland too, benefited greatly from ambiguous on the question of transborder cooperating with the South African state. migration. One of the alleged undertakings between South Africa and Swaziland in the 1980s Various global norms have evolved to deal was a secret security agreement. In return, with issues of international migration. The Swaziland was to receive some South foremost of these is the 1948 Universal African territory - in the form of Declaration of Human Rights which Ingwavuma - although this did not provides that 'everyone has the right to materialise due to strong opposition from leave any country, including his own, and to Inkatha. return to his country'. Balancing these rights granted to individuals, however, are International law Regional destabilisation was thus far more agreements emphasising the rights of states is rather nuanced than some would have us believe. to regulate their borders. ambiguous on But, extending the moral argument to the question of Malawi and Swaziland, does this mean that For example, the 1985 Declaration on the transborder we should close our borders to these states Human Rights of Individuals Who Are Not migration for cooperating with apartheid Pretoria, Nationals of the Country In Which They while according preferential access to South Live, approved by the United Nations Africa to those states who suffered greatly General Assembly, states: from regional destabilisation such as Mozambique or Angola? If one accepts the "Nothing in this declaration shall be moral argument, one must accept its internal interpreted as legitimising any alien's consistency. illegal entry into and presence in a

tMlVLl&L Liliiil'i'lili; 10 INDICATOR SA Vol 13 No 3 Winter 1996 State nor shall any provision be weakness of the polities within which International interpreted as restricting the right of any change is taking place' (Vale 1993: 5). legal provisions State H> promulgate laws and allow states to Recognising that poverty or rather the lack regulations concerning the entry of decide who of economic opportunities, is often at the aliens and the terms and conditions of should enter and their stay...." root of population movements, the interventionist approach stresses the need in what numbers I-Ieiice. 0iK. may conclude that the various for economic development within sending international legal provisions regarding states. This is often achieved by special migration do not take away the power of the trade agreements, investment programmes state to regulate its border: states are free to and educational schemes. A programme of decide who should enter and in what this kind has been proposed by Italy and numbers. Spain with regard to North Africa.

The hope is that these policies will result in Control measures job creation and economic stability which There is an argument which suggests that should reduce population movements from given the "failure' of control measures to North Africa into Southern Europe. One stem the tide of illegal immigrants, we criticism which can be levelled against this should somehow accommodate these aliens approach, however, is that South Africa is a in our society. Accordingly, this 'failure' is Third World state whose own development evinced in the fact that despite enforced needs are such that it cannot, in the repatriation - the 90 692 illegal aliens foreseeable future, become a donor country. repatriated in 1994 constituted a 100% increase from 1988 - the influx continues Another weakness of this approach is that it The unabated: illegal immigrants are said to tackles the global nature of the problem on a interventionist enter the Republic at a rate of one every 10 piecemeal basis. Globalists argue that only a approach minutes (Reitzes 1994). restructuring of the international economy will reduce South-North and South-South provides Some of these scholars who question the flows and, until this happens the incentives for efficacy of control measures, argue for an haemorrhage will continue. This too, has prospective alternative to control and accommodation - special relevance for South Africa which is emigrants to stay that of intervention. This seeks to address not only facing an influx of illegal within the the root causes which give rise to population immigrants from the region, but also from as borders of their far afield as Nigeria, Algeria, Asia and displacements. Europe's relative success in own country applying such an approach and the utility it Eastern Europe. holds lor Southern Africa, is thus worth considering. Moreover, even if such a strategy proves successful in the long run, it does have The goal of the interventionist approach is to contradictory results in the short to medium provide incentives for prospective emigrants term. According to Hamilton and Holder to slay within the borders of their own (1991: 201): country. Essentially, this aims to redress the political and economic causes which give "The development process itself tends to rise to mass migrations. stimulate migration in the short to medium term by raising expectations One line of the strategy argues that political and enhancing people's ability to pluralism should be encouraged in the Third migrate. Thus the development solution World. This is generally seen in terms of to the problem of unauthorised liberal democracy, a multiparty system, and migration is measured in decades - or South Africa is a free, fair and frequent elections. These, the even generations ...Any cooperative Third World state argument suggests, would stem political effort to reduce migratory pressures that cannot, in conflict and civil war, thereby reducing must stay the course in the face of the foreseeable population flows. shorter term contradictory results. " future, become a donor country As resumption of fighting after elections in Angola in 1992 suggests, it could have the Regional integration opposite results to those desired. This point A more sophisticated strategy is to holds special relevance to Southern Africa encourage regional integration. Proponents where '...the difficulties which transitions of such a strategy see regional integration as pose are exacerbated by the overall the key to stem migration flows and they

INDICATOR SA Vol 13 No 3 Winter 1996 11 (?EiiKfCizffiL KEKraie Any policy to point to the European Community (EC) as a The alternative approaches to controlling curb the inflow of successful example. For instance, Gomel undocumented migration put forward by the (1992) notes that the countries of southern critics of control measures and evaluated illegal aliens Europe in the 1970s - Italy, Greece, Spain, here, have been found wanting. Moreover, should be the Portugal - ceased exporting their 'surplus should they work, Hamilton and Holder result of both labour' to the more affluent countries of (1991) note that it would take generations. control and northern Europe. This was as a direct result The question then becomes what to do in the interventionist of EC regional integration, which effectively interim? approaches decreased wage differentials and generally increased economic and social homogeneity within the EC. The way forward N In an effort to turn back the tide of illegal On the surface, such a strategy seems immigrants, Pretoria's responses have workable. However, on closer inspection, generally been reactive, ad hoc, short term various cracks are revealed. For example, policy measures. These have included the decrease in population flows from misdirected control measures, such as southern to northern Europe was not only deploying a further 5 000 South African the result of economic factors - National Defence Force (SANDF) troops to demographics also played a role. bolster border control security, the use of airborne camera surveillance on remote A drop in birth rates decreased the pressure controlled drones, enforced repatriation, and on the social and economic infrastructure, the establishment by the South African increasing the overall living standards of the Police Service (SAPS) of a Technical population and thereby diminishing the Subcommittee on Border Control and Other countries impulse to migrate. Policing. have made use of control Meissner (1992) has contested whether Other measures also include measures with a wage differentials between southern and accommodation, such as the recent cabinet great deal of northern Europe were that far in the first decision to legalise the presence of illegal success place. She also points out that Turkey's immigrants who have resided in the country application for membership of the EC was for longer than five years, who have been turned down for fears that with wage gainfully employed, who have no criminal differentials of 10:1, economic integration record, or who are married to a South might lead to substantial emigration from African spouse. Turkey to Europe. She uses this as an example of migration acting as a serious These, however, have failed to stem the tide of deterrent to broader economic integration. illegal immigrants. A convincing argument could be made that the reason for this failure This is an important lesson for the states of lies in the fact that neither of the above Southern Africa which are considering approaches takes into consideration the regional integration and in which large wage underlying root factors which motivate people disparities exist, for example, between to move in the first place. Any policy to curb South Africa, Botswana and Namibia on the the inflow of illegal aliens should be the result one hand and Angola, Lesotho and of both control and interventionist approaches. Mozambique, on the other. Could such wage disparities serve as a spoke in the wheel of South Africa's failure to apply control regional integration in Southern Africa? measures should not be seen as a failure of control measures generally. After all, other The case of the EC suggests that it might. countries have made use of control measures In addition to Furthermore, doubts regarding the future of with a great deal of success. For instance, stronger border the regional project are further reinforced by the United States Border Patrols along the controls, what is the weakness of the Southern African Rio Grande have managed to reduce the needed is Development Community (SADC). flow of illegal Mexicans into the United stronger internal States by 60%. This was achieved by the controls In addition, there is no one regional vision extensive use of floodlights, 400 motion of integration, evinced by the plethora of detectors and heat sensors (CNN World regional organisations in Southern Africa: News, 2 January 1996). along with the SADC there is also the Southern African Customs Union (Sacu) In addition to stronger border controls, what is needed is stronger internal controls. This and the Common Market for Eastern and includes: Southern Africa (Comesa).

LvGllLMGGIi [CELCIMlB 12 INDICATOR SA Vol 13 No 3 Winter 1996 q Tainpei'-prooi identity cards. regulating population flows, but also on Bilaterals should proactively intervening to address the root reflect both r-i A system to ensure that illegals are not causes of mass migrations. control and employed in the underground economy. interventionist In this regard it is noteworthy that Pretoria measures ;-] A comprehensive national registration raised concerns about the lack of democracy -yslcm (as exists in Sweden) with built in Swaziland with King Mswati III. The in punitive measures against employers success South Africa has had in these who do not check the national registry bilaterals can be seen in the recent decision before employing anyone. by the Swazi monarch to undertake constitutional reforms. In addition to this, given the failure of the regional project in Southern Africa, South The merits of such an approach are that it Africa needs to establish a number of bridges the concerns of illegal aliens and hilaterals with its neighbours. The substance those of the state. For potential illegal of such hi laterals would reflect both control emigrants who do not really want to leave and interventionist measures. Africa has a their country of birth, but find that the long history of bilateral treaties between 'push' factors are so great that they have no countries regulating population movements. option but to cross national frontiers, it Consider the agreement between Nigeria addresses the root causes which motivate and Hquaiorial Guinea and between Burkina people to migrate. From the perspective of Paso and Cote d'lvoire regulating the potential host state, it relieves the burden population flows between their respective on the socio-economic infrastructure which countries. illegal immigrants inevitably cause. Building on a Such hi laterals also exist between Burkina long African I;aso and Gabon, between Gabon and tradition, South Cameroon, and between Ghana and Libya. REFERENCES All llie-ic treaties cover issues of both entry Goliinson S (1994) Europe and International Migration. Africa also London. Pinter Publishers for the Royal Institute for seems to be and depaiture. More comprehensive International Affairs. bilatcrals covering not only issues of entry, Gomel G (1992) 'Migration Towards Western Europe; going the Trends, Outlook, Policies', The International Spectator, residence and departure, but also Vol 27. bilateral way occupational and social rights, participation Hamilton KA and K Holder (1991) 'International Migration and Foreign Policy; A Survey of the Literature,' The in trade unions and social security rights, Washington Quarterly, Vol 26. also e\isi between France and its former Meissner D (1992) 'Managing Migrations,' Foreign Policy, colonies of Senegal, Mali and Mauritania. No 86. Reitzes M (1994) 'Alien Issues' Indicator SA, Vol 12(1). Vale P (1993) 'Southern Africa's Security: Some Old Issues, liuildiihi on this long tradition, South Africa Many New Questions'. Paper delivered at the Seminar also seems to be going the bilateral way. on Confidence and Security-Building Measures in Southern Africa. Organised by the UN Office for Consider the bilaterals the Minister of Home Disarmament Affairs. Windhoek, Namibia. 24-26 Affairs has had with his Zimbabwean and February. Weiner M (1995) The Global Migration Crisis: Challenge to Mo/ambican counterparts. Such bilaterals States and to Human Rights. New York. Harper Coffins need not only focus on controlling and College Publishers.

INDICATOR SA Vol 13 No 3 Winter 1996 13 [RilKMtaiLL LtLLLLVLLc By Marion Ryan Sinclair Centre for Southern African Studies, University of the Western Cape

Policy makers have made little attempt to distinguish between forced and voluntary migration. Refugees are inevitably branded 'illegals' - regardless of whether they have legal sanction to stay or not. It is important that this distinction be made. The potential for future refugee crises in Africa is great, whether from political persecution, civil war, environmental degradation, or economic ruin.

he 1996 Mount Everest climbing other factors too, like political expediency season will be remembered by many or financial costs. Tfor years to come. Not simply because this was the first time that a South Internationally, the weakening assistance to African team made the ascent, nor even forced migrants forms a dubious framework because of the record number of tragic of influence for countries only now deaths that occurred, but largely because of developing appropriate positions towards the futility that characterised certain of these refugees. A recent signatory to the 1951 and tragedies. 1969 Conventions on the Rights of Refugees, South Africa is presently looking Media reports related the emergence of a at international precedent for guidance and 'code of conduct' at heights above 8000m - at local public opinion for endorsement. an unspoken agreement that success (at that height) becomes individual and desirable at This article outlines the current and all costs. This attitude to fellow climbers emerging positions on forced migrants in stands in stark contrast to the conventional South Africa, locating them within the code of climbing and clearly contravenes influences of historic policy, current public norms and standards of co-responsibility. opinion, and international precedent. That this new ethic is twinned in international refugee policy is an irony tragic in its consequences. Refugee policy Since the demise of apartheid, the Once clearly committed to assisting sub-continent has hosted an unprecedented refugees, international refugee management number of forced migrants. The holocaust in is increasingly an 'every man for himself Rwanda, civil disturbances and threats of affair. No longer is the endorsement of the death from famine and disease in Zaire, United Nations Higher Commission for International on-again-off-again war in Angola, post-war Refugees' (UNHCR) principles grounds for impoverishment in Mozambique and refugee rigid compliance with humanitarian poverty in Zimbabwe have generated vast management is assistance. In a world in which morality can flows of involuntary migrants. Many have increasingly an be qualified by location - in the above arrived in South Africa by intent - others 'every man for example, over a certain elevation - it is more accidentally - following proven routes himself' affair inevitable that it becomes qualifiable by of escape by earlier generations of migrants.

eamxmh oceujcviib 14 INDICATOR SA Vol 13 No 3 Winter 1996 Thniieli scloom identified as a separate been here since their initial refugee flight as Current low ' Lory of migrants in media reports or standard 'illegal aliens' subject to levels of ' ovoii in academic discourse, the forced prosecution and deportation. assistance given lipruion question is an issue of growing forced migrants This is in line with the official attitude "i»nificance to South Africa - and the region in South Africa * for at least two reasons. which argues that refugee status should be temporary - subject to repeated review in adds to the country's growing l-'irst because of the increased number of the short term and ultimately reversible. international forced migrants which creates This attitude is antithetical to those held in reputation as the need to deal practically and fairly with many other refugee receiving nations, where xenophobic them as international refugee law facilitates. 'resettlement' is considered a valid - if undesirable - solution. Second, because of the current low level of assistance given forced migrants arriving in Migrant policy South Africa, adding to the growing reputation of this country as a xenophobic During the apartheid years, official South society, b'rom both a practical and ethical African policy on migrants (of all types) position, South Africa needs to work was based on a racially biased ethic of quickly and effectively to establish a differential welcome. Prospective European sensitive and fair policy on refugees, and to migrants were evaluated on a consistently develop practical assistance programmes to more favourable level by officialdom than those who qualify. were their African counterparts. Since 1991, legislation regarding migration has been An official South African position on forced encapsulated in the Aliens Control Act. migrants is only gradually emerging. This According to Koch this is 'possibly the most The official draconian apartheid law left over in the country has had very little formal experience attitude argues statute book' (cited in Reitzes and of harbouring refugees - the first significant that refugee experience was of Mozambicans fleeing Landsberg 1995). Application of the Act, by status should be civil war in their own country. These admission of the Director General of Home refugees were largely ignored by the South Affairs, is arbitrary and subjective - further temporary - African Government, a situation that was weakening the Act's moral legitimacy. subject to facilitated bv the multilevel system of repeated review governance through the homeland policy. Recent increases in asylum applicants have forced authorities to recognise the need for a It was only when the UNHCR began separate policy on refugees - distinguishing repatriation efforts that the South African them in law and in common language from Government became formally involved. 'illegal immigrants' with which they are Refugee status was conferred on an inevitably confused. The South African individual level although based on national Refugee Act 1994 (Working Draft) has identity - Mozambique having been recently been enacted, and made public. On identified by the UNHCR as a country a positive note, the draft Act aims to specify legitimate!) responsible for refugee flight. policy objectives for forced migrants, Tlii.s en-bloc status allocation was not providing directives for processing and unique: it has, in fact been utilised many treatment of refugees and legislative backup times in l'\ operations. for those deserving special consideration.

The uuuc common form of status Al-Omari recently completed a useful detenniruiion internationally, however, is critique of the draft legislation. The areas of on an indi\ idual basis, in line with the UN weakness are: the inappropriateness of many 1951 Convention on the Rights of Refugees. of the international instruments that the Act Recent increases This places the responsibility of proving founds itself on, an overemphasis on the in asylum persecution on the individual. responsibilities of institutions and applicants have procedures - rather than on developing forced authorities In South Africa today, no one nationality appropriate and transparent policy - and to recognise the has been given carte-blanche approval as a repetitive 'duplication, institutional need for a legitimate asylum seeker. A recent congestion and gaps' (Al-Omari 1994). announcement in June 1996 made jointly by separate policy the UNHCR and the South African A further weakness might arguably be the on refugees Government confirmed that refugee status determined emphasis on political causes of of Mozambican refugees is to be lifted at the refugee flows, to the neglect of civil war, end of the year; rendering those who have environmental degradation and economic

INDICATOR SA Vol 13 No 3 Winter 1996 15 pelkmeiill kgiileee interviews with disaster. The Act thus builds on the myth of of foreign workers, massive crime rates and recent a clear separation between refugees and foreign syndicate involvement. This is immigrants economic migrants when all experience compounded by alarming HIV and AIDS points to the irrefutable overlap between tuberculosis, and malaria rates, and possible reveal the these classes of causality. additional sources of disease in the form of recurring theme newly arrived people. It is, however, of hostility South Africa is a recent signatory to both the unjustifiable to adopt a common position of experienced by UN 1951 and the Organisation of African hostility against all migrants, particularly many Unity (OAU) 1969 Conventions and is given the lack of hard evidence linking hence, in principle, committed to fair migrants to these problems. treatment of forced migrants fleeing a variety of life threatening circumstances. Concern over the increasing numbers of But the country clearly has a long way to go, foreign workers in South Africa has also both in formulating a position on forced grown. The greatest source of fear appears migrants and in developing policy towards to be economic: South Africa's their treatment that is just, internationally unemployment rate, given officially as defensible, practical and sustainable over 32,6%, is higher now than ever before and time. the country is economically vulnerable. Given this, the influx of large numbers of predominantly unskilled workers into the Public opinion country is clearly a matter for concern. That Most international observers agree that there are - within this broad group - South Africans have embraced the immigrants linked to international criminal post-apartheid epoch with enthusiasm and groups is also serious. South African It is unjustifiable commitment. So much so, that many immigration policy and management processes are ill-equipped to deal with either to adopt a Western nations are turning to South Africa for lessons on social harmony and of these problems. common position reconstruction. But while South Africans of hostility may have a reputation for tolerance towards against all one another, the country is rapidly gaining Defining 'illegal' migrants an international reputation for intolerance A critical area of misinformation is that of towards non-South Africans - particularly definition. From a human rights point of those from Third World nations who come view, types of migrants must be into the country as contract migrants, illegal distinguished: immigrants or refugees. • Forced migrants are refugees, displaced Interviews with recent immigrants in persons, environmental and economic Johannesburg and Cape Town reveal the refugees etc. who are forced to move by recurring theme of hostility experienced by circumstances beyond their control. many, and the shocking frequency with which the word 'racism' is mentioned. Yet • Voluntary migrants are those choosing migrants insist on the veracity of their to migrate in search of better economic stories - their encounters with corrupt circumstances. policemen bribed out of using violence or deportation tactics, people from local Although at times difficult to maintain, this communities who attack them, damaging or distinction is central to the debate on destroying their property. This racism is not migration. The two categories are used confined to non-South Africans - returning synonomously by many South Africans exiles too, share common experiences of which denies rights of assistance to those South African hostility and suspicion (Trauma Centre for who legitimately deserve it, and diminishes immigration Victims of Violence and Torture 1995/96). our national capacity for compassion. policy and management Understanding the sources of this The term 'illegals' refers broadly to persons processes are xenophobia is not difficult. Growing residing in South Africa without official anti-foreigner sentiment is propagated by endorsement. This includes: ill-equipped to media: television and newspapers carry deal with these negative reports linking migrants to • South Africans born here but who have problems unemployment, crime and disease. With never been registered. such exposure, it is difficult to fault the hostility of South Africans confounded by • Foreigners who have lived in South soaring unemployment, a growing presence Africa as migrant workers.

L'tiLLVLtrilL liLiLLLVliLl 16 INDICATOR SA Vol 13 No 3 Winter 1996 n Foreigners who come in through legal refusing to return to their home countries Important channels with the requisite visas, but because of inevitable hardship and definitional and whose visas or travel documents expire. starvation? status questions persist around !••» Foreigners who enter clandestinely, International precedent the 320 000 either in search of employment or, Mozambican increasingly, to escape life threatening The Draft Refugee Act in South Africa refugees in South conditions in their home territories. reflects international precedent to a certain degree. References to the 1951 and 1969 Africa Distinctions between the latter two - forced Conventions for example, ensure the and voluntary migrants - are often blurred. adoption of the international definitions of Mozambican refugees in South Africa are a refugees. That these definitions are largely case in point. Between 1985 and 1992, redundant and selectively discriminatory is thousands of Mozambicans fled civil war in not the South African Government's fault as Mozambique, ending up in a neighbouring that of the international community for Southern African state. Those entering tolerating definitions so open to political South Africa did so clandestinely, without manipulation. the Government's approval. Almost all of the approximately 350 000 refugees were The adoption of these definitions in South absorbed into Gazankulu, Kangwane, African policy, however, reflects an Lebowa and KwaZulu. inadequate level of concern with developing effective policies. The Refugee Act is, in In 1993. UNHCR began a region wide effort fact, similar in many ways to the Aliens at repatriating Mozambican refugees. An Control Act which has spawned it. As such, agreement was then signed by the UNHCR it is more a product of regulatory tactics The Refugee Act and the South African Government, than of international humanitarian concern. is more a product officially recognising these refugees as a of regulatory first step in formalising their repatriation. One aspect of international influence that tactics than of This status, although defined en-bloc, was needs mention is the dominance of not automatic - refugees still had to apply organisations such as the UNHCR in international individually, although the process thereafter international assistance. The UNHCR has humanitarian was automatic. largely dictated the mechanisms of aid and concern has taken responsibility for their Very few of the estimated total of implementation - often with inadequate Mozambicans came forward to apply, liaison with host governments or local possibly because they correctly identified organisations. The result is a standardisation the conferral of this status as the beginning of refugee policy in emergency situations, of (he end of their asylum period. Once which produces a model of assistance registered, it would be easy for refugees to fraught with medical, social and ethical be targeted for repatriation. Only about dilemmas. 31 000 of the total registered for repatriation - representing the lowest success rate in the Researchers at the University of Sussex entire UNHCR regional repatriation effort. recently showed the short and long term costs (financial and social) of refugee Of the approximately 320 000 refugees that assistance to be lower in situations where remain, important definitional and status refugees were subject to local controls rather questions persist (Dolan 1995). Should these than directives from the UNHCR (Black people, victims of obvious civil and political 1996). In South Africa, UNHCR policy and injustice, not retain the right to treatment as influence has been minimal and the relugees now that the circumstances which termination of the Mozambican repatriation In South Africa, forced them to move are no longer in place? exercise also terminated UNHCR influence UNHCR policy It not, do the altered circumstances - clearly over refugee policy. and influence has economically hostile - not constitute been minimal iinoiher lorm of life threat which could legitimate continued refugee status? Conclusion The blurring of definitions of migrants in I hese questions face policy makers around South Africa means that little attempt has the globe _ what t0 wjth integrated been made to distinguish between forced '"elugiv.s after the immediate threat has been and voluntary migration. Even as forced removed: how to consider the needs of those migrants are beginning to be considered a fleeing economic hardships, and of those separate category, there is no commitment

INDICATOR SA Vol 13 No 3 Winter 1996 17 I'li-LLVlhiL KliKCtES Since 1993, the to expanding the current definition to absorb 'illegals', the severity of the refugee Department of categories of non-voluntary migrants such question appears doubtful. Home Affairs' as economic refugees, environmental offices have refugees or displaced persons. Clearly however, these 18 000 represent the tip of a newly discovered iceberg, both in processed Both of these trends are clearly evident in terms of the actual total of forced migrants approximately the public migration debate, which and also given the potential for refugee 18 000 applicants inevitably includes refugees under the crises in Africa in the future. We can for asylum umbrella term 'illegals' - regardless of anticipate increased numbers of migrant-, in whether the persons in question have legal South Africa fleeing political persecution, sanction to stay or not. It is important that civil war, environmental degradation, and this distinction be made, and be made economic ruin. LL-tra unequivocally.

Until this distinction is clear, forced migrants will be regarded as a subgroup of REFERENCES the larger number of 'illegals' here at Al-Omari G (1994) Comments on the South African Refugee Act 1994 (Working Draft), Refugee Studies present. This number is itself contentious - Programme, Oxford University. the illegality of most newcomers renders Black R (1996) 'Refugees and environmental change: The role of local institutions', Paper presented at the 5th IRAP them invisible and impossible to accurately conference on forced migrants, April, Kenya. quantify. Since 1993, figures of between 2,5 Dolan C (1995) 'Aliens Abroad: Mozambicans in the New and 8 million 'illegals' have been quoted. Soulb Africa', Indicator SA, Vol12 No3. Reitzes M and Landsberg C (1995) 'Pretoria's Hobbesians Over the same time period, Department of and the "Aliens"', paper presented at the IOM Home Affairs' offices have processed Symposium on Migration Management and Policy approximately 18 000 applicants for asylum. Objectives for SA. Pretoria. Trauma Centre for Victims of Violence and Torture, Cape Compared with the much higher figure for Town.

L-LLLVLtrCi-L LililLLVLIi 18 INDICATOR SA Vol 13 No 3 Winter 1996 Old Habits Die Hard Can SADC counter military intervention in Southern Africa?

By Jakkie Cilliers and Mark Malan Institute for Defence Policy

The Southern African Development Community (SADC) hopes to promote regional stability by keeping the military under civilian control in member countries. But civil-military relations are fragile in Africa and an internationally acceptable legal framework is necessary within which countries could prevent or overturn military intervention in politics. Southern Africa must be prepared for unilateral diplomatic and military action.

T™"V m ini: January the Southern African Civil-military relations I 1 Development Community (SADC) announced that it was to establish an It is a truism that civil-military relations do Org;.n for Politics, Defence and Security to not exist in isolation but reflect the deeper safeguard llie legion against instability, and strains and problems of society. Three to promote political cooperation and factors seem to have played a prominent role common political values and institutions. As in rendering civil-military relations such, the (h-gan will essentially replace and particularly fragile in Africa, give formal structure to the former, informal Frontline States (FLS). The establishment of First, the political elite of the continent the Organ is expected to be finalised at the sought to cultivate a close and special SADC' Heads of State meeting during relationship with the military because the August. military has had a monopoly on the use of orchestrated large scale force. In Africa the There is a general expectation that the military is also often held in awe, Inter-State I )efence and Security Committee particularly where anti-colonial forces had (ISDSC) operating under the auspices of the fought for and gained their freedom from l 'LS will Ivcnine the formal structure former colonial powers. This relationship through v.lncli coordination and cooperation guaranteed the military special privileges on prevcniati\ e diplomacy and security and benefits and in turn placed the matters will occur. A principal objective of politicians in a better position to use the the IS DSC is to 'prevent coup d'etats' and military for political expediency. to promote stability. The second factor which contributed to the A principal Historically, Africa's civil-military relations erosion of civil-military relations in Africa have been characterised by an was the creation of a situation that would objective of the interventionist culture in politics, discourage academics and civil society from Inter-State insubordination to civilian control, and a criticising these relations. This largely Defence and lack of transparency, accountability and occurred during the Cold War and in many Security professionalism. Given this, to what extent cases merely reflected the lack of free Committee is to will it be possible for the Organ and the expression and discourse in wider society. 'prevent coup ISDSC to contribute to stability and Governments and military staff shared the d'etats' and to democracy in the region? perception that security forces do not fall promote stability

Indicator SA Vol 13 No 3 Winter 1996 19 WitllllME Lilillltliti There are now within the purview of academic or civilian encouraging unaccountability and a lack of indications of a scrutiny. transparency. This state of affairs obliterate revival of the 'cult any semblance of civil and legislative of the military' Security forces also tended to exaggerate control over these forces and agencies. sensitivity about national security questions. This kept civilians from obtaining Since the armed forces have an effective confidential information as their motives monopoly on the large scale organised use were always considered suspect. Under of coercion, and since the central political these circumstances, civil society and symbols and institutions in most developing academics applied self censorship and countries are weak, soldiers can seize power restraint, as the study of security forces was with relative ease. Especially in a situation clearly off limits. Sensational events like where the concentration of government coups, mutinies and strikes became the only buildings, party officials and symbols of ihc events which exposed the security forces to state in the capital city makes an armed scrutiny. rebellion a relatively simple matter.

The third factor constitutes the fact that political competition and conflict in Africa Revived military role have generally prompted attempts by the In recent years, the salience of military elite to gain control of the resources intrusions into politics appeared to be on ihe associated with state control. Invariably the decline as moves towards democratisation state is the largest employer of skilled and gained momentum. There are now educated personnel in many African indications of a revival of the 'cult of the countries. It holds the monopoly of import military', as armed forces once again pose a Military and export licences for international trade serious challenge to the state. Examples are intervention is not and is the most important generator of Gambia during July 1994, Nigeria, Sierra a habit easily contracts to local and foreign business. The Leone and closer to home in Lesotho. state is also the major fount of credit, loans Against the continued decline and abandoned by and assistance to domestic businessmen and impoverishment of virtually every African men with guns farmers. In addition, it also has almost total country and increasing competition for control over the distribution of scarce resources, there can be little prospect communications, clinics, schools, sanitation for a declining role for the military. and other amenities. Military intervention is not a habit easily Given the overwhelming concentration of abandoned by men with guns. Even in the power and patronage, it is hardly surprising absence of military threats, many that individuals, ethnic groups and localities governments and leaders are constantly have often appeared utterly absorbed with having to glance over their shoulders to see jockeying for representation in, or control what their armies are up to. Even in South over, the central structures of government. Africa with its relatively professional Through these they have sought influence in security services, and even subsequent to a polity whose main function is apparently integration, the ANC continues to harbour to provide handouts for its clientele. considerable suspicion of the military, the police and the intelligence services. The result of this concentration of resources has been the tendency of African citizens - Nor have the traditional devices for civilian and military - to associate the state safeguarding power by recruiting the armed with limitless power, endless wealth and forces from supposedly reliable ethnic high prestige. As a result, armed groups, or deliberately politicising the senior Even the ANC intervention and military rule is often an office corps, proved reassuring in many continues to attempt by the military - or a section thereof states. Military leaders, like politicians, w ant harbour - to protect and extend its privileged to stay in power once they have the taste of considerable position and material prerequisites through it. In this respect, the African military has suspicion of the association with other social interests. often mirrored the behaviour of African military, the political elites. police and the All these factors served as fertile ground for politicising the security forces and for their To compound matters, some of the larger intelligence transformation into de facto armed wings of countries in Southern Africa are wrestling services ruling parties. This in turn led these forces to with the problem of controlling the military demand preferential treatment to that under conditions of fundamental and rapid accorded other civil servants, thus domestic political change - conditions

emfumL rattee 20 Indicator SA Vol 13 No 3 Winter 1996 • Amalgamating diverse and previously • ,h .,,-e oil en associated with revolution Western ihe post-Cold War environment. In a adversarial armed forces into a single concepts of mhcr of eases, political reform has national military. 'enlightened' niled a complete break with the old military 1tical order. This in turn necessitates the • Fostering loyalty to a new political order and incumbent regime. professionalism creation of entirely new civil-military cannot simply be relations. • Losing professional skills and imposed on South Africa is potentially an example of experience to the private sector, other African countries this phenomenon. The transformation will state departments and non-governmental not be accomplished simply by organisations. superimposing western concepts of •enlightened' military professionalism on • Countering apathy towards military African countries. These western concepts service in the absence of a credible • imply a perennial search for institutional cause. autonomy which contradicts the notion of tight political control. The latter is in many • Facing commissions of inquiry into instances essential for regime survival in the previous human rights abuses and developing world. This is bound to create concomitant fears of retribution. tensions in emerging civil-military relations, not least because attempts to integrate the • Accommodating civil and political military into (he new political system rights in the military without profoundly affect the nature of military undermining discipline and service and the career aspirations of the effectiveness. soldiery. Any process • Ensuring the general welfare of which creates servicemen and officers in the face of a personnel Transforming armies plethora of competing developmental turbulence in an Many African armies inherited from an era demands by civil society. of political armed struggle are being armed force may reconstituted through the fusion of several • Training sufficient numbers of soldiers initiate different military groups. Integrating in skilled musterings without over reactionary previously opposing groups is encountering reliance on foreign training institutions. violence by the resistance rooted in conflicts which precede affected soldiers integration. 'I his is exacerbated by the • Adapting to new concepts and perscnnel imperatives of constructing a new mechanisms of civilian control. military. Any process which creates personnel turbulence in an armed force may • Maintaining force morale in the face of initiate reactionary violence by the affected diminishing defence budgets, soldiers, as well as reinforce existing retrenchments and demobilisation. cleavages among differently defined factions within the military. It is not only the countries with large armies which are faced with fundamental '1 he process of force transformation is at an challenges. Civil-military relations in advanced Mage in Zimbabwe and Namibia, Lesotho are volatile, and it remains to be although mtru-military ethnic tensions are seen how the Swazi Defence Force will still evident in the former. Mozambique and react to the mounting pressures for South Africa have barely completed the first democratisation in their kingdom. phase of force integration, and the real challenges ol creating effective and Given the status quo, the major challenge It is not only the cohesive armies still lie ahead. Angola still for regulating Africa's civil-military countries with has to run the full course of post-conflict relations lies in designing mechanisms and large armies transition under extremely adverse practices which will effectively: which are faced eircunistances. with fundamental • Contain the destabilising role of the challenges Ihus. four n|' the largest armies in the security forces in their efforts to oust sub-region ;i,e at various stages of coping democratically elected governments. with some nr all of the following challenges in the v. ake of rapid and fundamental • Entrench civil and legislative control political change towards popular rule: over these forces.

Indicator SA Vol 13 No 3 Winter 1996 21 I'liLLVLLtCiL KEHWE0 Civilian defence • Inculcate a culture of accountability, that military intervention in politics w ill llH[ secretariats do transparency and professionalism. be allowed. Such guarantees have not appear to traditionally either been from a former have improved An effective democracy requires civilian colonial power, such as the French miliuuy policy which attracts great international transparency control of the military, since military forces have been, and always will be, susceptible to attention, or from one or more neighbouring among most of manipulation by political groups which countries. South Africa's could use these forces to capture, replace or neighbours control parliament. Equally, individual A recent example is South Africa and military commanders could abuse their Zimbabwe's sabre-rattling when the mililuvy authority to turn components of these forces intervened in the Government of Lesotho in against the government and parliament and 1994. The important question is how I'ar so seize power. such a process of external guarantees can no before violating international law. In this " Such control exemplifies the principle that vein the OAU, SADC and the ISDSC m;iy military force is not an end in itself but a be well advised to consider in detail, the means for the civil authority to bring about international law governing such actions. certain political objectives. As a result, in parliamentary democracies, the parliament - Bilateral and multilateral agreements as supreme authority of a nation - decides between the constituent states of the ISDSC on the allocation of resources for defence, as may be one important mechanism in this well as their control. As an additional set of process of providing an internationally security measures, the planning and acceptable legal framework within which provision of resources for defence at the neighbouring countries could act to prevent The most highest level is typically designated to or overturn military intervention in politics, important civilian administrative authorities as This has as a prerequisite that Southern assistance that opposed to only military persons. Africa must be prepared to act unilaterally on a diplomatic and military level - a bridge the ISDSC could This form of control is more precise, direct that the South African government must still provide is by and quantitative. It translates political and decide to cross. assisting the civilian control into practice. As a result, debate and many Southern African countries including Finally, perhaps the most important (and education on South Africa, have recently established cheapest) assistance that the ISDSC could civil-military civilian defence secretariats. Time will tell if provide in countering the threat of military relations this additional oversight will enhance intervention in domestic politics in the throughout accountability. At present it does not appear region, is by assisting the debate and Southern Africa to have improved transparency among most education on civil-military relations of South Africa's neighbours. throughout Southern Africa.

Within this context, civil society and International guarantees non-governmental organisations can play an At the regional level, for organisations such important role. Collectively there can be as the Organisation of African Unity little doubt that most countries in the region (OAU), SADC or the ISDSC, civilian still have a long way to go when it comes to control can effectively be retained by countering the African military's tendency providing some form of external guarantee to intervene in politics. Ll?t££2

L-LLLVLlraL LiLLUVtiti 22 Indicator SA Vol 13 No 3 Winter 199E ECONOMIC M O N I T O R

What will the RDP achieve?

Better living stds 41

Houses/jobs etc 32 |

Rebuilding SA 6

Assist people 3

Reduce inequality 2

Peace/reconciliation 3

Don't know 26

10 15 20 25 30 35 40 45

PERCENTAGE

Factors holding back RDP delivery

Population pressure 90 I

Affordability 79

Culture of non-payment 75 |

: j Rural backlog 68 j I

More time needed 64

Government performance 58

Limited funds 46

20 40 60 80 95 PERCENTAGE

Source: Research conducted in a joint projecl by the Department of Economic Affairs and Tourism, Human Sciences Research Council KwaZulu-Natal Office and Quality of life & RDP Monitoring Unit at the University ot Natal in collaboration with the KwaZulu-Natal RDP Inter-departmental Indicator intiative I •

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By Richard Simson Department of Economics, University of Natal

30SPECT AND ANALYSIS

Over the last three months the macroeconomy has These explanations seem difficult to believe given endured a major change. Foreign exchange markets the sophistication of South Africa's financial have been volatile and there has been widespread system. Speculators in most markets have a concern over the impact of these developments. The stabilising effect, although economists are divided value of the rand suffered considerably, especially on this issue. To place the blame on speculation iil'ter the (lovernment presented its national budget. alone seems excessive. Similar reasons were The rand's depreciation was initially severe, but has advanced for the last Mexican Peso crisis, which on recently recovered. closer examination was precipitated by domestic residents moving capital. It is unclear then that The macroeconomy cannot isolate itself from this speculation is to blame for recent South African depreciation. The first effect is on capital flows. developments. While an initial capital outflow may have precipitated the depreciation, the rand's lower value Higher exports and the possibility of import would in itself cause capital outflows. However, substitution - given the domestic response to higher these international flows can easily reverse import prices - will prevent further losses in foreign themselves, especially if government declares its exchange reserves provided the Reserve Bank does commitment to credible and immediate economic not intervene too heavily in foreign exchange policy changes. markets. But, given the widespread perception that large swings in exchange rates are unacceptable, the The second effect of the depreciation falls on the Reserve Bank reversed its policy of not intervening current account of the balance of payments. The heavily in these markets. deficit on the current account has been reduced due to more expensive imports and to our exports being When the exchange rates began falling in February, cheaper in foreign currency terms on world markets. the Reserve Bank made large sales of foreign But the employment effects of these changes are exchange. As a result, South Africa's net gold and likely to he small. In order that exchange rates adjust foreign reserves, which had risen over RIO billion smoothly, there has been some intervention in during the last six months of 1995, then fell by over foreign exchange markets by the Reserve Bank. To R2 billion in 1996. Hopefully the Reserve Bank can prevent too large a depreciation, the Reserve Bank credibly continue its independent and has been selling foreign currency which has meant anti-inflationary monetary policy stance in the light that foreign exchange reserves have decreased. of these recent interventions. This does, however, make it difficult to not intervene in future. Foreign exchange markets More importantly, most measures of the money In f-ebruars, foreign exchange rates started supply have recently been increasing at faster rates. depreciating to unexpected levels, given the relative Many are quick to point out that these changes are calm ol exchange rate markets during the course of primarily the result of the demand for money. But 1995 when the rand actually appreciated against high and rising demand has to be met from an some currencies. Indeed, the real effective exchange available supply, especially if there is widespread 'ate had been on an upward trend in the months prior support for the Reserve Bank not to allow interest to February 1996. However, these depreciations rates to rise. were minor compared to the substantial depreciations in April. Many have been quick to Indeed, partly to restore credibility, the Reserve Hanie these overall depreciations on rumour and Bank has set guidelines for the growth rate of M3, a speculation. broadly defined money supply measure. Over the

INDICATOR SA Vol 13 No 3 Winter 1996 25 mimm lcellwee Table 1: Changes in Exchange Rates of the Rand monetary conditions, it was higher at 7% by the end (%)1996 of 1995. Overall, the tight but welcome monetary conditions help push the rate of increase to 5,5% by March April May April 1996, the lowest level in nearly a quarter of a US Dollar -2,9 -9,7 0,5 century. British Pound -2,2 -8,9 -1,4 The overall consumer price index should not receive German Mark -7,1 1,0 -1,9 exclusive focus, as it hides some significant relative Japanese Yen -1,1 -11,6 4,5 price effects. Given higher fuel costs and market

Source: South African Reserve Bank power, the transport industry has been able to pass on cost increases to consumers. This has raised the next six months, the Reserve Bank hopes to cost of transportation relative to other consumer maintain a growth rate of between 6% and 10% for expenditure items. In addition, given new housing this aggregate. It will be indeed instructive to construction, the prices of building materials have monitor its performance in this regard. not shown the same lower rates of increase seen in the other expenditure categories. Capital movements Production prices The movement of capital has meant upward pressure on interest rates. Initially, this upward pressure fell Fewer impediments to trade and earlier stability in on longer term interest rates. As a result the yield exchange rates meant that production prices have curve, linking interest rates to term-to-maturity of declined during the first quarter of 1996. In the first contracts, showed higher long term rates relative to quarter of 1995, the percentage change in the short term rates. This effect was short lived as production price index was just below 12% and fell liquidity problems arose in short term markets, to just above 5% this quarter. But given the manner especially as a result of the Reserve Bank in which this index is collected, the recent intervention. depreciation may not be measured for another quarter, despite actual prices having risen sharply. Given these developments, it is no surprise that the Bank Rate rose, and in early May we saw higher Gross domestic expenditure short term interest rates, in addition to the higher long term yields. More recently interest rates have The depreciation of the rand has reduced the eased. postponement of expenditure. Consumers and producers have decided to purchase now rather than later suggesting an expectation of additional Prices depreciations. Thus demands on domestic sources of The recent changes in foreign exchange markets will finance have increased. One effect of this, partly affect prices. While not strictly inflationary, the alluded to above, is that there has been upward impact of higher import prices - at the consumption pressure on the already high interest rates. as well as the production level - will mean higher price levels. Future real incomes will be lower and However, these additional expenditures were not future production costs higher. In addition, as enough to raise the growth rate of real gross exporters increase production, local resources domestic expenditure. Total real gross domestic serving as inputs into production will command expenditure in the domestic economy declined on an higher prices. annual (and corrected for seasonal variation) basis by nearly 2% this last quarter. Many firms in the Inflation is more likely to result from an increase in domestic macroeconomy allowed stocks to decrease, money supply growth rate. The latter half of 1995 saw or rates of increase in stock accumulation to fall. a broad definition of the money supply (M3) show a This meant a reduction in orders for replacement of reduction in its growth rate from more than 20% to inventories right through the economy. much lower levels in September 1995. Despite this growth rate rising again in the last quarter of the year, The size of this change is remarkable: additions to these monetary developments were encouraging. At stocks in the first three months of this year are least the growth rates were headed towards previously roughly half of the what they were in the first proposed targets. The effect of these positive monetary quarter of 1995. And given the usual multiplier developments on prices only became evident in the effects, real expenditures are likely to fall further first quarter of this year. and this effect may continue for some time. This may mean that the next quarter, and possible the one The increase of the consumer price index was nearly after, is going to be less favourable and the economy 11 % in the second quarter of 1995. By November of will not grow as much as expected. However, a firm last year it was just above 6%. Reflecting the looser prediction may be a little premature at this stage.

L-miliLUlr LiLLLLVLLi- 26 INDICATOR SA Vol 13 No 3 Winter 1996 this change. But agricultural production is changing Table 2: Components of Real Gross Domestic 1 1 Expenditure 1995 from a relatively low base, given the difficulties % Change (annual and seasonally adjusted) experienced in previous years. What does not bode well for the future is that the contribution to output Last quarter First quarter from the commercial sector, in the main retail and

I consumption expenditure 5,0 2,5 vehicle trade, was negative. This suggests that firms have some expectation that over the next two | Government consumption 2,0 3,0 quarters conditions may be more difficult. j investment 4,0 7,0 Changes in stocks 6,3 2,7 Unemployment and employment Source: South African Reseive Bank As unemployment is largely a structural problem in Government expenditure South Africa, the increase in per capita GDP has not meant any substantial change for those seeking Although the timing of consumption expenditure has employment. Further constitutional developments changed, it has not been enough to offset the reduction concerning the relationship between firms in the in the growth of consumer expenditure. This is partly important sectors of the economy and organised due to higher interest rates reflected in greater debt labour have not contributed towards a favourable service costs - especially as nominal incomes have climate for employment growth. In fact, many firms declined - and to a reduction common to the first are substituting away from labour, in an economy quarter of any year. In part, the lower increase in that desperately needs the opposite. private consumption expenditure is a reaction to the higher real consumption expenditure of the national Despite these adverse conditions for labour, government, although the latter has not been at a rate employment has shown some improvement, sufficient to raise overall expenditure. although the most recent information only reflects conditions to the end of 1995. In fact employment The government's budget did not cut expenditure as grew by 3% in the last quarter of 1995. Less much as expected, thus government expenditure will satisfactory is that it has been the public sector continue to grow over the coming year. Indeed, real which has provided these gains. Private sector consumption expenditure by the central Government employment fell in the latter half of 1995. for this last quarter grew at an annual rate of 3%. This reflects a higher rate than for the last two One positive aspect of these rather dismal results quarters of 1995. when compared with the rate of recent GDP increases, is that employment levels were higher in 1995 than in the previous year. Also measures of Gross Domestic Product informal and agricultural employment remain Despite somewhat weak domestic expenditure, the elusive, making it very difficult to obtain a picture macroeconomy did improve in output terms. The of employment for all sectors of the macroeconomy. rand's depreciation and growth in the economies of our trading partners has meant that the external Payments to workers as measured by increases in demand for South African output, most notably real remuneration per worker showed strong growth minerals and diamonds, has remained strong and is in the last two quarters of 1995. This alone does not improving. This has increased real Gross Domestic mean much unless labour productivity is also Product (GDP) at an annualised rate of 3,5%. Given considered. Measures of productivity show increases our rales of population growth, this has meant an in the rate of productivity for the period in which increase in the growth rate of per capita GDP. This real remuneration rose. Thus unit labour costs were rate of growth must be compared with growth rates falling, although the rate of decrease was slightly in the previous year, where GDP grew at rates rising lower in the last quarter of 1996. from 1,5% in the first quarter of 1995 to 3% in the Hiird quarter. But higher productivity has an additional adverse effect. Existing labour is more productive, thus In the last quarter of 1995 there was a reduction in firms need not increase employment. Desired output •lie growth rate of GDP to 2,5%. Thus in 1996, the levels can be achieved with existing resources. The first quarter's growth may mean the economy is still macroeconomy still absorbs this more productive on the upward part of the business cycle, although it labour but in the so called informal sector where the is difficult to determine the role of the exchange rate gains are harder to specify and even more difficult to depreciation and whether this trend will continue measure. given the slow down in domestic expenditure. But the real problem for the South African Improved climatic conditions helped agricultural macroeconomy is not remuneration or productivity, Production and the increase in GDP partly reflects but the nature of the relationship between capital

INDICAI OR SA Vol 13 No 3 Winter 1996 27 EEHliEKIE tCECCtflilS Table 3: Remuneration, Productivity and Labour and labour. If that relationship is deemed by f irm> Costs 1995 or labour for that matter, to be one where the % Change and quarterly change over a year balance of power favours one party, there are consequences for the macroeconomy. This i.-, Remuneration Productivity Labour especially true in an economy where bargaining islQ Real Nominal Real Nominal costs become increasingly centralised.

1995 Quarter Production in the longer term is flexible. Continued First 10,9 2,0 2,3 8,4 -0,3 elevated tension between capital and labour is going to Second 7,4 -1,0 2,9 4,4 -3,8 mean a restructuring of production towards greater" Third 9,1 0,9 3,9 4,9 -2,9 capital intensity which will not help maintain incieases Fourth 10,5 1,5 3,5 6,8 -1,9 in employment. Neither will it help the many South Africans who are unemployed and are not repiesented Source: South African Reserve Bank in the emerging national bargaining process.

SUMMARY AND PROGNOSIS

• Substantial depreciation of the rand against macroeconomy, its credibility will be currencies of major trading partners. In real maintained. Other aspects of government policy terms, however, the adjustment is less severe. still have to achieve a measure of credibility on world financial markets. • Initial outflows of capital which did increase in intensity. Initial outflows were of a short term • Interest rates, both short and long term, moved nature. Subsequent flows were investments of to higher levels. More recently, however, there longer terms. has been downward pressure on interest rales but not of a sufficient magnitude to raise • Current account balance improved as a result of investment. the depreciation and capital outflows. These developments, in addition to reduced • Foreign exchange reserves fell as the Reserve inventory investment, depressed equity and real Bank intervened in exchange markets. This may estate markets, a lack of appreciable growth in cause it to lose some credibility. Being aware of private investment and low private savings, means this, the Reserve Bank has chosen to attempt to performance of the macroeconomy will probably he 'keep' the growth of M3 between 6% and 10% somewhat weaker in the next quarter. It is unlikely over the next six months. If it succeeds, that the economy will grow at the widely accepted notwithstanding a supply shock to the projected 4% on an annualised basis. PROSPECTS AND POLICY

The last three months have seen substantial change recently. The general consensus among economists for the South African macroeconomy. However it is is that government adopt either a gradual approach, a macroeconomy without meaningful immediate in which policy is changed slowly, or a more government policy direction. The Government immediate approach where changes are substantial recently released a major policy document: Growth, and massive. The former usually works well in Employment and Redistribution A Macroeconomic those countries or emerging regions that do not have Strategy. In addition, two studies dealing largely with a well developed and functioning financial system. improving the labour market were also released. Thus it is indeed surprising to see elements of gradualism in the Government's recent policy The macroeconomic policy document takes a long announcements, given the structure of the Soutl i term view and forecasts rates of increase in GDP of African macroeconomy. 6% by the year 2000. However, the assumptions on which this forecast is based are not specified. Instead, the Government should move much faster Furthermore, given its longer time horizon, the towards free and unfettered trade, adopt a far tougher strategy implies gradual changes to economic policy. stance towards inflation via credible monetary policy, allow the free flow of foreign exchange by residents, Changes are not going to occur quickly, it seems. In begin privatisation, and use existing legislation to fact, very little mention is made of the speed and break up monopolies and promote competition. If not, process by which privatisation is to take place. the Government's vision is at best a vague forecast Many major economies have undergone transitions and at worst, mere speculation. LL-td1

UlrliUMUlr LitiU.LVU.Li. 28 INDICATOR SA Vol 13 No 3 Winter 1996 1 I A k ft o R

Most pressing problems in KwaZulu-Natal

Political violence 30

| Crime 28 ll

Violence 25

Unemployment 24 I j 7 I Housing I'---

4 Water

4 ! Education 10 15 20 25 30 35 PERCENTAGE

Most pressing problems in South Africa

Unemployment 36 5;

Crime 28

• :. t . •: .- • 1 • • • •

Violence 26 l

Political violence 13

Housing 9

Economy 3 ! I

0 5 10 15 20 25 30 35 37

PERCENTAGE

Source: Research conducted in a joint project by the Department ot Economic Affairs and Tourism, Human Sciences Research Council KwaZulu-Natal Office and Quality of Life & RDP Monitoring Unit at the University of Natal in collaboration with the KwaZulu-Natal RDP Inter-departmental Indicator Intiative Who will fill the gap?

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By Alexander M. Johnston Department of Politics, University of Natal

It is tempting to see the constitution making process purely in terms ofANC/IFP rivals h,„

m the process Kseif, the role of traditional authority, an, definition of A^an net Lfs'Z

important. The bruising e„e of these negotiations shomd that the tem Tg l l as

mited stance. The IFP w„t be cautious about again attempting to form an antiZcZmon with minority parties.

Jic immediate significance of Kwa/ulu-Natal's provincial Strategies of rivalry Constitution is not easy to assess, far • If the IFP had achieved a constitution less lo predict the place it will occupy in the along the lines of the 1992 Constitution history of our times. The fate of the "Jthe Kingdom of the State of document which was adopted in the KwaZulu-Natal, which throughout provincial legislature on 15 March 1996, negotiations remained the ideal from after a protracted period of negotiation, which concessions were grudgingly hangs in the balance: made, then its passing would have probably represented a substantial • 'I'he Constitutional Court has yet to weakening of South Africa's political pronounce on rival submissions from the and territorial integrity. As such, it African National Congress (ANC) and would have been a major political Inkatha Freedom Party (IFP) on its landmark. merits. • If the somewhat inconclusive document • The national Constitution itself faces eventually passed is approved by the similar scrutiny. Constitutional Court, it may be a living reminder to both the ANC and IFP of • The political conditions under which the the durability of its principal opponent Constitution was negotiated could be the existence of obstinate minority drastically affected by the local interests and, in general, the difficulties j:o\ eminent election results and the of ruling a divided province. As such emerging peace process between the two the constitution making experience parties. could play a constructive role in an evolving accommodation between the Any or ;ill of these factors could affect the antagonists. Its passing would provincial Constitution's future. But while have probably awaiting the verdict of the constitutional If the ANC's objections are upheld and represented a lawyers, it is still worth attempting an • the Constitution is rejected by the Court substantial interim assessment of the Constitution and the constitution making experience will' the process which brought it forth. In the weakening of rate no more than a footnote, of interest first instance, there is a temptation to see it South Africa's only to the more dogged and thorough political and pureh in terms of ANC/IFP rivalry. of political historians. territorial integrity

INDICATOR SA Vol 13 No 3 Winter 1996 31 LiUkLLUaL LitiLLLVlili The adoption of a There is something to be said for this kind of power from feudal and monarchical fornis provincial interpretation. The whole question of a of authority to those grounded in rational constitution could provincial constitution is indelibly secular and popular claims to sovereignly' be seen as a associated with IFP negotiation strategies in the wider political context. The power of The struggle over traditional authority in | partisan t 1c provinces to adopt their own constitutions KwaZulu-Natal Constitution, however, w;is challenge to the was wrung by the IFP from the ANC during less about removing the last vestiges of final national negotiations for the interim Constitution. traditional power in a state which has in any Constitution Exercising this power became central to IFP case long been modernised, rather about the strategies when the ANC declined to fulfil terms of its preservation. The struggle was, its pre-election commitment to international in fact, a finely tuned competition between mediation on 'outstanding constitutional the ANC and the IFP to rescue, define and issues' and the IFP decided to boycott the possess something which is genuinely Constitutional Assembly. African in a political and social transformation which has conspicuously In this sense, the adoption of a provincial lacked an authentic indigenous element. constitution could not be seen as a bipartisan act of regional self expression, but a partisan Each of these ironies points to a central challenge to the final national Constitution - problem of the post-apartheid political indeed to the thrust of the 'historic system in South Africa: the first to the compromise' reached at national level after question of majoritarianism and democracy, 1990. It could be reasonably argued that this the second to the nature and definition of partisan association has corrupted the issue, African nationalism. not only for the ANC, but also for non-partisan observers and participants in The IFP found Majorities and minorities itself occupying national and provincial politics. the position No other issue in South Africa's transition which it worked has been more important than how to Wider significance? calculate majorities and minorities and what so hard to deny But buried in the interminable drafts, significance to attach to them politically. the ANC in transitory press statements and ephemeral The axis around which political argument negotiations after speculation, lie clues to larger issues whose turned during the era of negotiation and February 1990 significance is not confined to the parochial constitution making was that which di\ idcd struggle for power in which the Constitution the ANC's attachment to majoritarian figured so prominently. These clues can be democracy - unhelpfully and perhaps found in two superficial ironies attaching disingenuously labelled by them, 'ordinary themselves first, to the constitution making democracy' - from various forms of concern process and second, to the substantive for minority protection. matters at issue. Minority positions have ranged from The first involves the process. Ironically, the cultural and linguistic imperatives (the IFP found itself occupying the position National Party (NP) and the Freedom Front) which it worked so hard to deny the ANC in and the protection of property (the the early years of negotiation after February Democratic Party (DP) and the NP) to the 1990: negotiating a constitution from the IFP's somewhat ambivalent concern to advantageous position of majority party in a define cill the people of KwaZulu-Natal as a legislature - the constitution making body - minority in the context of South Africa, following a democratic election. The IFP, it while demanding that the traditional transpired, had learned little from its own dimension of African life there be afforded The struggle over warnings of the temptations and dangers special protection befitting a minority. traditional which accompany such a position of authorities was a influence. It appeared to succumb to The political dynamics of KwaZulu-Natal competition overconfidence and a tendency to interpret have added several complications to these between the ANC its self assigned status of 'ruling party' with contested issues. undue freedom. and the IFP to • The slim aggregate majority for the IFP possess The second irony involves the place and role in the April 1994 elections raised something of traditional authority - the monarchy and questions as to the status of a provincial genuinely African tribal chiefs - under the Constitution. electoral majority versus a national Historically and universally, constitutions electoral majority. What degree of have served to mark the passing of political empowerment could a majority party in

tillELilUm LilllLLVUU- 32 INDICATOR SA Vol 13 No 3 Winter 1996 1V province legitimately expect? To what • The IFP's rejectionist stance on the The provincial national Constitution created - even elegit could it see itself as a 'ruling Constitution had •iriv"-' Having not approved the interim required - an atmosphere of semi- to be vigorously, permanent crisis in which the ongoing Constitution, these were in the IFP's even mind, though not in the ANC's, open mobilisation of its mass support was a aggressively questions. feature. This committed the IFP's leadership to triumphalist and identified with the IFP j|ic composition of this provincial adversarial rhetoric designed to majority was another complicating advertise its own status as the province's factor. The IFP's narrow victory was ruling party. The reverse of this coin mostly attributable to large majorities was that the national Government - in among rural African voters. Its claim to so far as it is dominated by the ANC - is represent urban interests lay not with an alien and hostile presence. This Africans, but with whites who voted NP atmosphere was not conducive to and PI' in the national ballot and IFP in building a wider majority for a the provincial ballot. If this represented provincial constitution, embracing the some non-racial fusion of identity and minority parties and the mainly white interest, then the IFP could claim to lead and Indian voters who had backed them. a substantial movement for radical provincial autonomy. If, on the other The demands of mobilising the IFP's hand, it was merely a freak of tactical core constituencies also encouraged an \oling by frightened whites, the basis emphasis on questions of traditional for such a movement was not there. leadership and contests of cultural authenticity with the monarchy and the • The demands of the provincial ANC. Conflicting claims to the right to The IFP did little call Shaka Day celebrations, clashes constitution making process forced to create an over the provenance of the office of questi"us about the status and atmosphere in composition of majorities onto the Traditional Prime Minister and rivalry which a agenda in another way. A provincial over whether to pay tribal chiefs from constitution has to be passed by more central or provincial government coffers non-partisan than a two thirds majority of the absorbed much of IFP (and ANC) groundswell of provincial legislature. To achieve this, energies. They did little to create an support for the 11-1* had to count on the concurring atmosphere in which a non-partisan provincial voles dI" every party represented in the groundswell of support for a autonomy could constitutional statement of radical legislature other than the ANC. As IFP develop leaders were fond of pointing out, other provincial autonomy could develop. parties polled over 60% of the vote in April ll->94. It remained to be seen to In the end, the force of these contradictions - what degree this non-ANC majority was and probably a measure of internal an ami-.VNC majority and whether it disagreement also - edged the IFP towards could be turned into a pro-IFP majority. two irretrievable misconceptions about its position as majority party in KwaZulu- These ambiguities were carried forward into Natal. The first was that despite the slim, the provincial constitution making process. geographically skewed and by no means To resoh e them in the IFP's favour irreversible nature of its majority, the IFP represented a formidable task - in fact, it constituted a ruling party endowed with a required that the IFP pursue several moral authority which would give conclusive contradictory goals: weight to its constitutional aspirations.

U 'l'he provincial Constitution had to be The second, more important misconception The minority viguiously, even aggressively identified was that the large non-ANC majority in parties were with ihe IFP to justify its stance on the KwaZulu-Natal could be deployed as a sceptical of the national Constitution, its demand for block vote. Overall, the minority parties IFP's claims to international mediation and boycott of were sceptical not only of the IFP's claims radical provincial the Constitutional Assembly. At the to radical provincial autonomy, but also the autonomy same time however, the minority inclusion in early IFP drafts of matters more parties' support had to be secured. None properly the concern of party politics and were keen to be associated with a legislation, than constitutional principle. project which (in the beginning at least) This view was confirmed by a panel of legal had secessionist overtones, nor to experts. Minority party concerns also participate in an anti-ANC crusade. extended to IFP negotiating tactics.

INDICATOR SA Vol 13 No 3 Winter 1996 33 LiLlrlLLLat LtlilLlVlili; The IFP For instance, the threat to force a provincial IFP's own policy concerns clearly con challenge forces election if minority parties failed to support second best to its preoccupation \\ ith the ANC to an IFP constitution seemed bullying and constitutional and cultural issue*. contemplate the completely unconvincing. In addition, those minority parties which have a national • The second image pits an implacably definition of presence (the NP, DP and PAC) were modernising and centralising ANC (in African concerned with larger considerations of the IFP's estimation) against an nationalism co-existence with the ANC, while those that irredeemably feudal and reactionary l|;p do not (the Minority Front and African (in the eyes of the ANC). The H p's Christian Democratic Party) had their own hostile image of the ANC ignores the micro-agendas. All things considered, this incapacity of the South African statu to was unpromising material for a coalition impose the kind of dogmatic cenlralisni which would throw down the gauntlet to the of which the ANC stands accused, and ANC, by installing a provincial constitution underplays the distance travelled by the which would challenge the emerging ANC towards a constitutional model national consensus. which mixes elements of unitary and federal systems.

African nationalism For its part, the difficulty for the A.N'C in More than any other aspect of contemporary attaching dismissive labels like •feudal' South African politics, the IFP challenge to the IFP, is to avoid denigrating the forces the ANC to contemplate the institutions and customs of Zulu definition of African nationalism. Rhetorical traditional life themselves. Such flourishes apart - Thabo Mbeki's speech on difficulties have probably helped to The ANC and the adopting the Constitution is a case in point - account for the durability of the M-P's IFP share the African nationalism tends to be downplayed support base by giving some credibility same project: to in the dominant party's discourse. There are to its claim that the ANC is hosi ile (o compelling reasons for this. Zulu tradition and culture. define African nationalism in the The rainbow nation concept has been a None of these images of conflict is u holly context of brilliant public relations strategy for inaccurate, yet none on its own gives an globalisation and improving race relations, easing minority adequate account of the ANC/IFP rivalry. In a divided society fears in the transition and perhaps most of effect, the ANC and the IFP share the same all, projecting an international image of project: to define African nationalism in the stability. In any case, there is a deeply context of globalisation and a divided rooted strain of secular citizen nationalism society, in which minorities cannot be in the ANC's discourse. The spectacular ignored. They have, of course, gone about it failure of the PAC has left the ANC in different ways. The ANC's modernised, virtually unchallenged in African popular secular and national programme has wide politics and as such, under no obligation to appeal, but is hesitant, even ambivalent, on articulate just what the 'African' means in its specifically African content. The IFI' is 'African National Congress'. emphatic on this score, but in too regional, ethnic and particularist a form to have wide KwaZulu-Natal is obviously different in at appeal across the country and in urban areas. least one sense. The ANC faces stiff competition from the IFP (at least in rural areas) for the African vote. But this The future difference is not openly configured in terms Between them, the constitution making of African nationalism. Instead, the rivals process in KwaZulu-Natal and the local The chances of collude in offering two different images of elections of 26 June clarified several things. converting the their conflict: Two are germane to the issue of how we substantial configure majorities and interpret their non-ANC • The first is a modernised one, a clash of significance. The first is that whichever is electoral majority ideologies between right and left. This the largest party, the terms 'majority' parly into a durable pits the social democratic agenda of the and more especially, 'ruling party' have very limited significance. coalition are slim ANC against the strident neo-liberalism of the IFP. None of this is very convincing. The ANC's revisionism in a The second is that although there is a hostile global environment renders substantial non-ANC electoral majority in much of the IFP's ideological rhetoric, the province, the chances of converting tins at best archaic, at worst bizarre. The into a durable coalition are slim. The

liEGClillM; lilililllili: 34 INDICATOR SA Vol 13 No 3 Winter 1996 , which Chief Buthelezi turned short term, this has probably been true. But The absence of a Virf minority parties (notably the DP), in the longer term, shared concerns might be decisive majority sing them of currying favour with the revealed in matters of the monarchy and for any party will other areas where the parties' common xr bv forcing compromises and force the major A Africanness can be emphasised. cssioiis on the IFP in the final stages of contenders away ^constitutional negotiations, reveals the from crudely Ifcpth of the IFP's disappointment on this All this has a bearing on the much canvassed issue of realignment in the majoritarian score. post-constitution, post-local election aspirations The preoccupation of the ANC and IFP with political context of KwaZulu-Natal. The cucslions of'traditional authority in the absence of a decisive majority for any party constitution making process is also will force the major contenders away from instructive. Conventional wisdom says that crudely majoritarian aspirations. The Jhc ANC is adopting a pragmatic, even bruising experience of constitutional cynical, concern for traditional African negotiation (and perhaps a residual institutions in order to detach support from bitterness) will make the IFP cautious about the ll'P- There are grounds for this again attempting to construct an anti-ANC interpretation, but conceivably it coalition with the minority parties. underestimates a genuine recognition on the ANC'S part that authentically African These circumstances offer a logical basis for institutions should if possible, be improved relations between the ANC and EFP incorporated into its vision of nationalism. which was less clear before. If this is the case, the task of reconciling traditional African The usual interpretation of ANC institutions with democratic politics might •interference' in matters of Zulu tradition is provide a useful opening to common ground, that it can only intensify conflict. In the rather than division, as in the past. L|?£(3

'NDICATOR SA Vol 13 No 3 Winter 1996 35 OEEtELim KliHIMIE SHIFTING THE BALANCE? LOCAL ELECTIONS IN KWAZULU-NATAL

By Charm Govender Centre for Community and Labour Studies, Durban

The elections were conducted along strong party political lines, while the electorate voted for those perceived to best serve their material and economic interests. As torchbearer of the country's transformation, the ANC is exceedingly popular with the province's urban African communities, while the IFP retains its rural dominance.

he local government elections in peripheral areas should be included in the KwaZulu-Natal represent the urban local government provisions. Tcompletion of the democratisation of However, these were concluded by a state structures at a national, provincial and supreme court ruling and the next stage local level. The political power to undertake commenced, which involved setting up development and transform society has now nominated councils on a 50% statutory and been placed in the hands of elected 50% non-statutory basis. representatives at all three levels of government. The elections were conducted These nominated councils were charged in accordance with the Local Government with the principal responsibility of levelling Transition Act that was negotiated at the playing fields in preparation for the Kempton Park and passed as law in January elections, originally scheduled for October 1993. 1995. The nominated councils were also responsible for registering voters, compiling the voters rolls, identifying polling stations Local Government Act and providing voting materials. The Act conceives of three phases in the Responsibility for this was given to the transition of local government from racially CEO's of the nominated councils. exclusive structures to inclusive structures that form the local level of cooperative The stipulation of the Act was that 50% of government structures. The first pre-interim all wards be allocated to historically white, phase which began after the 1994 national coloured and Indian local authority areas, and provincial elections, required forming and 50% be allocated to the former Black negotiating fora that determined the outer Local Authority areas. Areas deemed boundaries of local government structures. non-urban were to be catered for by the rural These fora included a statutory component local authority model which is yet to be The Local comprising parties and organisations that finalised for KwaZulu-Natal. Government had participated in local government structures and a non-statutory component The holding of these elections marks the Transition Act that was traditionally excluded. commencement of the second 'interim' conceives of phase. The next five years will be the three phases in The history of this phase in KwaZulu-Natal duration of this phase, and the final phase the transition of was marked by acrimonious disputes commences when the next local government local government around boundaries and whether certain elections are held.

EEGIEimL ItliLUVLL- 36 INDICATOR SA Vol 13 No 3 Winter 1996 Table 1: Election Results in the Durban Transitional Metropolitan Council (Metro)

%Poll Seats ANC NP IFP DP FF CP PAC MF IND Unfilled Area in council

28,00 14 7 4 1 _ _ 2 _ _ Metro 33,94 30 12 5 2 2 _ _ 5 3 1 Northern North Central 44,72 70 31 21 8 6 - - 3 1 -

South Central 48,02 60 27 15 6 2 - - 9 1 -

51,89 30 16 8 2 - - - 1 3 - South Inner West 53,50 42 25 9 1 4 - - 1 2 -

Outer West 53,00 41 24 2 2 8 - - - 4 1

47,33 301 149 67 ' 25 23 - - 21 14 2 Total 49,5 0 0 7,0 0,66 % Seats 22 8,3 7,6 0 4,7

Table 2: Election Results in Major Towns

Area %Po)l Seats ANC NP IFP DP FF CP PAC MF IND Unfilled in council

Dundee 44,61 16 5 5 3 - - - - - 3 -

Empangeni 43,00 16 1 7 2 - - - - - 6 - •BbI^p&v 59,40 19 5 1 5 - - - - - 8 - Howick 72,00 19 12 1 - 5 - - - - 1 -

ladysmith 55,34 34 21 9 1 - - - - - 3 -

Newcastle 41,72 60 25 7 12 - - 4 - - 10 1

PMB 52,89 60 39 13 1 6 - - - - 1 -

PortShepstone 56,32 16 4 2 2 - - - - - 8 -

Richards Bay 36,31 30 9 5 6 - - - - - 9 1

Stanger 50,13 22 9 4 4 - - - - - 5 -

Total 292 130 54 36 11 0 4 0 0 54 2

eats 44,5 18,0 12,0 3,8 0 1,4 0 0 18,0 0,68

Table 3: Election Results in Transitional Authorities

Transitional Seats ANC NP IFP DP FF CP PAC ACDP IND MF Total Unfilled Authority in council

Metro 301 149 67 25 23 14 21 299 2 %per party 49,5 22,26 8,31 7,64 0,0 0,0 0,0 0,0 4,65 6,98 99,34 0,66

Urban 775 253 110 144 23 4 238 772 3 ^ Per party 32,65 14,19 18,58 2,97 0,0 0,52 0,0 0,0 30,71 0,0 99,61 0.39

533 112 10 393 4 1 1 12 533 -per party 21,01 73,73 0,75 0,19 0,0 0,0 0,19 2,25 0,0 100.0 0,0

?o!a: wards,

PR etc. 1609 514 187 562 50 1 4 1 264 - 1583 ^ Per party 31,95 11,62 34,93 3,11 0,1 0,25 0,0 0,01 16,41 0.0 98,3 0,0

'NDICAT0R SA Vol 13 No 3 Winter 1996 37 liEEDEUdlL DOIGMCG An estimated Election challenges political shelf, accruing only four seats in 80% registration Newcastle. The Freedom Front (FF) and Pan Africanist Congress (PAC) fared the worst, figure was The initial challenge was to ensure the registration of voters, and numerous winning no seats in the province. achieved attempts were made to encourage people to register. After many delays and re-opening This summary differs from the 1994 results the process, an estimated 80% registration in the province: the ANC has improved its figure was achieved. The second serious showing and the other main thread is that challenge was to address organisational the NP has succeeded in winning back its issues. Experience gleaned through local traditional supporters, while also elections in the rest of the country in consolidating itself in sections of the November 1995 and May 1996 helped coloured and Indian communities. obviate many logistical problems. While some problems did emerge, they do not The key feature of the results is that the detract from the fairness of the result. electorate voted in a manner that conforms with their perceptions of what serves their There were serious doubts about whether material and economic interests best. A there could be free and fair elections in perfunctory look at the results shows that the KwaZulu-Natal due to its high political voting patterns conformed to racial patterns. volatility and political violence. The This, however, needs further examination prevalence of no-go areas also contributed lest we conclude that political affiliations to the belief that the elections would are racially determined. This issue requires encourage heightened bloodshed. The analysis that considers the racial divisions, elections were, however, conducted in a preferential treatment and economic potential of the electorate on a class basis. Independent substantially free and fair environment, to the general acclaim of independent monitors. Race, as a determinant of class under candidates were apartheid, is a useful indicator in examining compelled to take A salient point of the elections was that they the voting patterns. political positions were conducted along strong party political on national lines. Even professed independent Roughly speaking, the structure of South political issues candidates were compelled to take political African society is pyramidal with the positions on national political issues. An uppermost echelons being occupied by interesting example was the raising of the white people. Indians and coloureds fall death penalty and abortion issues. The only somewhere in the middle and the lowest conceivable connection to local government rungs are reserved for African people. would be if abortions were administered at local clinics or people hanged in public at Within these broad bands there are internal municipal parks. class stratifications, so none of the four main racial groups in the country are homogenous in terms of class. However, this social Results pyramid is not set in stone and the current The immediate feature of the results is that national project to deracialise South Africa the African National Congress (ANC) seeks to create a society in which race is not emerges as the major political party in the the determinant of a person's class destiny. urban areas, while the Inkatha Freedom Party (IFP) retains its rural dominance. The Figure 1 depicts the social pyramid in South economic powerhouse of the Durban Africa which in turn illustrates the current Transitional Metropolitan Council (Metro) racial distribution. is in the hands of the ANC together with the The economic major urban centres of Pietermaritzburg/ Transition powerhouse of Msundizi, Newcastle, Ladysmith and the Durban Richards Bay. The elections were conducted in a period of Transitional political transition. This process has Empangeni was the largest town won by the impacted in different ways on the different Metropolitan National Party (NP) and the IFP's best sections of our society. All people however, Council (Metro) is performance was in Estcourt where it won recognise that the main features of the in the hands of 25% of the seats. The Democratic Party transition relate to transformation. This the ANC (DP) performed best in Howick and Kokstad entails deracialising society, addressing past winning with 25% and 20% of the seats inequalities, and redressing the imbalance in respectively. The Conservative Party (CP) the social wage delivered to different has been almost totally obliterated from the sections of South African society.

GlZGIELim LtliliLVliU; 38 INDICATOR SA Vol 13 No 3 Winter 1996 This transformation embraces all people in the country and is being undertaken at national, provincial and local levels and indeed is the main aspect of the national project currently being undertaken. The ANC is undoubtedly seen as the leader of (his transformation, having struggled for decades to gain access to political power to undertake this project.

Figure 2 illustrates the position that the current national project aims to produce. It . is not therefore suiprising that sections of our society see the future with hope and new opportunities for economic and material progress, while others view the future with foreboding. It is noteworthy that apartheid did not treat all people of colour the same.

For some who could make economic progress, apartheid was an obstacle and for others it also provided a safety net through preferential housing and employment provision. Chief among the beneficiaries of apartheid largesse were white workers followed by Indian and coloured workers. White workers were guaranteed sheltered employment, differentiated wage rates and senior positions in the multitude of parastatals, while their coloured and Indian counterparts received state subsidised housing in mammoth townships on the urban periphery and preferential access to employment.

The perception of these communities is that (lie deracialisation of society will put them in direct competition for jobs and housing with Africans. This fear is accentuated by the stated affirmative action policies of the new Government. The coloured and Indian communities have therefore thrown their lot in with the National Party that dispensed this patronage and stands for the era when such preference was possible.

The ANC is therefore unsurprisingly not very popular among this social group and the election results bear testimony to this. There are other social factors associated with the transition that have made them I earful but these are generally applicable to all citizens and pertain mainly to the crime wave, the upward trend in the petrol price anil the increase in mortgage rates. union organisations. Under apartheid, their potential was most suppressed and they now Another decisive social category is the stand to benefit more than any other group urban African community which is very from the changes in the country. The politically conscious as a result of intense performance in the B wards in all TLC community struggles and high levels of elections show conclusively that the ANC - membership in political, civic and trade as torchbearer of the transformation - is

INDICATOR SA Vol 13 No 3 Winter 1996 39 LlLiLtLLlLLClL ItLLlllULli Political exceedingly popular with the urban African the seats on the council. The ability of intolerance in communities. independent councillors to act in concert certain will be the ultimate measure of the power The NP's withdrawal from the Government and influence they can command. communities of National Unity (GNU) indicated that it contributed to was intent on resisting the pace of the A final party that deserves comment is the people standing transformation. By telling the electorate that Minority Front (MF) which won a total of as independents it was moving into opposition politics, the 21 seats in the province, all in the Metro NP sent a clear signal that it was no longer area. The party's stance of aggressively the bedfellow of the ANC. This signal taking up issues of insular concern to the served to galvanise the support all sections Indian community earned it 75% of the of society fearful of transformation. This ate wards in the giant Chatsworth township, it decisively into the support base of the FF has taken up a position of supporting the and the CP, leaving them to ponder their ANC and has secured the deputy mayor political futures. position in two Metropolitan Sub-structure Councils. In the run up to the elections, the It is noteworthy that the NP performed MF fed on the Indian community's better in the elections in the Western Cape anxieties, but it remains to be seen whether and KwaZulu-Natal in the white, Indian and it can allay these fears. Failure to do so will coloured communities than it did while still see its support base erode in favour of the a member of the GNU when local elections NP and less substantially to the ANC. were conducted in the rest of the country.

The remaining category of voters is the rural Gender voters. The IFP, through securing this base, The profile of the candidates standing for The Minority has retained its status as the largest party in elections and the Proportional Front won a total the province. However, with the model for Representation (PR) lists of the parties, of 21 seats in the rural local government still to be decided, it shows a great improvement as regards province, all in is difficult to project the impact of gender distribution. Today, more than ever the Metro area introducing local government to a hitherto before, there is a high percentage of women excluded territory. The resources at the in local councils. The ANC set the pace in command of rural local government, the role this regard with an organisational decision of the chiefs in disbursing these resources, that 50% of its PR lists would go to each and the role of local communities in gender. The presence of a more accessing these resources, is still unclear. representative number of women will bring a refreshingly new perspective to many of the council debates. Independents There are three varieties of independent candidates that participated in these Delivery elections', those who are a part of ratepayer The one year hiatus in local government is organisations, those who have worked in now over. Officials in the bureaucracy have various communities in politically seen councillors who command a powerful non-partisan ways, and those who attempted position within their respective councils to subsume their political identities within come and go. New and inexperienced their local community profiles. Political councillors will take time to develop their intolerance in certain communities confidence and assertiveness. Officials and contributed to people standing as older councillors will hold sway over a independents - very few people disgruntled number of decisions. Communities waiting Today, more than with internal party political processes left to for delivery are advised not to hold their ever before, stand as independents. breath. there is a high All these independent candidates secured However with focused training, ongoing percentage of just under 5% of the seats in the Metro and support and access to information, the women in local its substructures. Excluding the Metro, additional waiting period can be reduced. councils independents fared better, winning 18% of The challenge for political parties and the seats in the urban areas. The best TLCs is to arrange for initial basic training performance by independents was in Port that will be invaluable in getting the new Shepstone where they account for 50% of councils up and running. il'Efr

llUlrllilltlL LtlililVlili 40 INDICATOR SA Vol 13 No 3 Winter 1996 By Jeremy Seekings Department of Sociology, University of Cape Town

The stage was set for a titanic local government contest in Cape Town, but the ANC's challenge petered out and the NP limped into power. The NP's victory may be associated with the diminished role of independent candidates and the emphasis on national issues, some of which - like the ANC's education policies - have very real implications at local level. It is unwise to infer underlying electoral trends, but the NP has maintained its dominant position which will not easily be dislodged.

A midst much hype, Cape Town's claims fell flat; and the NP limped into j \ voters went to the polls on 29 May power. Not even the media could conjure up 1 A.to elect the city's first democratic an exciting angle. local government. Political parties and media alike attached great importance to this eleclion. On the one hand, Cape Town was Election process llic capital of the only province won by the Elections were held for two levels of local National Party (NP) in the April 1994 government: an umbrella Cape Metropolitan general election. On the other, the African Council (CMC) and six substructures. The National Congress (ANC) had performed two largest substructures were Tygerberg well in local government elections (encompassing Bellville, Goodwood, Parow, elsew here in the province in November and Khayelitsha) and Central (extending 1995. from Seapoint to Bishopscourt, and from Camp's Bay to Langa, Nyanga, Guguletu The stage was thus set for a titanic contest. and Crossroads, and out to Mitchell's Plain). The election was important both in terms of control over Cape Town and in broader, The four smaller substructures were symbolic terms. It set the party of apartheid Northern (Milnerton, up the Atlantic coast, against the party of liberation, the victor of and inland to Atlantis), Helderberg (Strand, 1994 against the resurgent challenger of Somerset West and Gordon's Bay), 1995. The struggle for the so called Southern (the Peninsula south of Hout Bay 'coloured vote' also served as a test of the and Wynberg), and Eastern (Kuils River, major parties' non-racial claims: was the NP Brackenfell, Blue Downs). a party for white South Africans only? Was the ANC a party for African people only? In Each voter had three votes. The first was for The election was addition, the Democratic Party (DP) sought a ward representative on the relevant l important both in <> establish its credentials as a major substructure, decided on a first-past-the-post terms of control Political player. basis. The second was also for the substructures, but counted towards seats over Cape Town I lie results were an anticlimax: the ANC's allocated on a proportional representation and in broader, vaunted challenge petered out; the DP's (PR) basis from party lists. Sixty percent of symbolic terms

INDICATOR SA Vol 13 No 3 Winter 1996 41 [MfOLmi Lilililt'tilt If wards had the substructure seats (or a total of 172 control of Tygerberg and Helderberg, and been distributed seats) were ward seats, and 40% (or a total the ANC would not have won outright evenly in the of 112 seats) were PR seats. control of the Central substructure. three The third vote was for the 24 seats on the substructures CMC allocated on a PR basis from party African areas affected, the lists. The CMC has a total of 60 seats, with The ANC crushed all opposition in African ANC would have the other 36 filled by representatives of the wards, winning every ward with a majority won between 10 substructures. African electorate. Besides the townships and 17 fewer and shack settlements of Langa, Nyanga. wards Guguletu and Crossroads (all in the Central Winners and losers substructure), Khayelitsha and Mfuleni (in Results for Tygerberg were recounted by Tygerberg), and Lwandle and Nomzamo (in order of the Supreme Court. At issue was Helderberg), the ANC also won seats in the the ANC's PR vote in Khayelitsha. But shack settlements of Marconi Beam (in minor revisions in the counting of the ANC Northern) and Bloekombos and vote in Khayelitsha did not make much Wallacedene (in Eastern). African voters in difference to the overall pattern of voting in Hout Bay also played a decisive role in the the city. ANC's only victory in the Southern substructure. The NP won control of four of the six substructures, and are likely to just gain The ANC was elected unopposed in only 12 control of a fifth, Tygerberg. The NP won of these 57 seats. The NP had candidates in just over half of both ward and PR seats, every ward in Khayelitsha, and the DP The ANC was although it won less than 50% of the PR contested wards in Guguletu. The Pan elected vote. The ANC won just over one third of Africanist Congress (PAC) stood against the unopposed in the ward and PR seats, with almost 38% of ANC in 15 wards. Many wards were the PR vote. The DP won a meagre total of contested by independent candidates, some only 12 of the 57 12 of the 284 seats, with 7% of the PR vote. of whom were former ANC members seats in African Independent candidates won seven ward standing against official ANC candidates. wards seats, and the smaller parties won four PR seats between them. One ward seat remains With few exceptions the NP, DP, PAC anil unfilled, because the death of a candidate independent candidates won negligible during the campaign requires a by-election votes. Even the NP's notorious shacklords to be held. could not deliver any votes. In Bloekombos, NP candidate Prince Gobingca even trailed In three substructures (Tygerberg, Central behind two independent candidates, winning and Helderberg) wards were demarcated 4% of the vote. The NP's candidate in the under the 50/50 rule agreed in 1993. In these Driftsands area - a convicted murderer and substructures, African townships accounted former lieutenant Johnson Ngxobongwana - for 50% of the wards regardless of their won a meagre 2% of the votes. share of the substructure's total electorate. Although this system was devised to benefit The only good performances by PAC white voters on the Platteland, in the candidates were in parts of Crossroads Western Cape it meant that African where they won about one fifth of the vole. townships were slightly overrepresented. Few of the independent candidates Overall, one third of the wards were in performed much better. Former ANC African townships, although African voters shacklord Christopher Toise, for example, comprised just 28% of the total electorate managed just 86 votes - or 3% - against the The only good (Argus, 25 May 1996). official ANC candidate in the Philippi area. performances by Overall, Cape Town's African voters are PAC candidates In the extreme case of Helderberg, wards in solidly ANC. were in parts of white and coloured areas had an average of Crossroads six times as many voters as wards in African White areas where they won areas. If wards had been distributed evenly in the three substructures affected, the ANC about one fifth of Wards in predominantly white parts of Cape would have won between 10 and 17 fewer Town were dominated by the NP. The NI' the vote wards - it is impossible to be precise won all but eight of the approximately 55 because the demarcation of ward boundaries such wards, and two of these exceptions has a major effect in a 'first past the post' were won by NP supported independents. system. The NP would have won easy The DP won five wards - four in the Central

LlliLrLliUilL LiLLLLVLIi 42 INDICATOR SA Vol 13 No 3 Winter 1996 substructure, and one in the Southern. The Belhar, Bellville South, Macassar, and The major /\NC won one - Hout Bay - on the basis of Eastridge in Mitchell's Plain. Independents change in local African and coloured votes in the ward. won five wards, at least one of which had politics in white NP backing, and one ANC backing. Only areas is the near The NP's dominance was interpreted by one independent - Philip Bam in Grassy demise of the wine ANC leaders as a 'swing to the right'. Park - ran against and defeated candidates One newspaper, apparently desperate for a from both the NP and ANC. The DP failed independent bold headline, proclaimed 'Stampede to the to make any significant inroads in coloured councillor right' (Argus, 1 June 1996). The DP areas. certainly lost in several areas which were traditional DP strongholds such as lower The most competitive ANC candidates - Claremont, parts of Somerset West and Dickie Meter in Hout Bay, Saleem Mowzer Cape Town's southernmost suburbs in Rylands, and Calvin Booysen in Bellville (Bergvliet, Tokai, Muizenberg). In some South - all had strong records in community cases it lost narrowly - for example, in affairs. But this track record was no lower Claremont, where ANC and guarantee of election. Cape Town's deputy independent candidates split the non-NP mayor during the transition, Theresa vote. Solomon, was soundly defeated in her home ward in Mitchell's Plain. She was, however, The overall DP vote was, however, broadly elected through the PR vote, and has since in line with its share of the vote in the 1994 become the mayor of the new council for the general election. In 1994 the DP won 8% of Central substructure. the provincial PR vote, and 5% of the national PR vote in greater Cape Town. In The contests in which the ANC performed 1996 it won about 7% of the substructures' best were generally atypical. The wards The ANC's combined PR vote. If there has been a loss themselves were atypical - some in terms of support is the social class composition of the voters. of DP support at the local level, it occurred stronger in before 1994. The white areas of the Central Opinion polls have shown that the ANC's middle class than substructure remain solid DP territory. support is stronger in middle class than working class coloured and Indian areas in working class The major change in local politics in white Cape Town. Rylands - the only ward won coloured and areas is the near demise of the independent by the ANC without African votes away Indian areas in councillor. As Hermann Giliomee has from the city's eastern boundary - is Cape Town observed, 'the NP has made it clear that the probably the most middle class non-white days of independent candidates running in suburb of Cape Town. the place of the NP are over' (Cape Times, 30 May 1996). The NP stood aside for just Other wards where the ANC performed three independent candidates in the strongly were atypical in political terms. Southern substructure, two of whom were These were areas where local politics was elected. The 1996 local elections suggest dominated by divisions between very that independent candidates can only win in conservative white people and coloured white wards with the backing of a major people, generally in the absence of a large party. local African population - for example, in the Eastern and Helderberg substructures, where African voters comprised just 7% and Coloured and Indian areas 13% of the electorate respectively. The The NP success in 1996, as in the 1994 political profile of such areas is similar to general election in the Western Cape, was the small Western Cape towns where the based on the votes of coloured people. The ANC performed strongly in November 1995 Nl3 won about 50 of the approximately 60 (see Seekings in Indicator Vol 13(2) 1995). In coloured and wards in predominantly coloured areas. Indian areas, the Mitchell's Plain, Atlantis, and the areas Second, the ANC performed strongest when ANC performed extending from Athlone to Steenberg all its candidates were associated primarily strongest when proved to be NP strongholds. with the local ward, perhaps even to the its candidates extent of overshadowing their party were associated I he ANC won five wards - three in Blue membership. Pamphlets distributed in Hout primarily with the Downs (in the Eastern substructure), and Bay by the ANC's Dickie Meter did not two in Helderberg - together with the mention the ANC, display its logo, or use the local ward middle class Indian/coloured area of ANC's campaign slogan! In nearby Ocean Rylands. The ANC was only narrowly View, the ANC candidate also had a good delcated in several wards - including record as a civic activist, but this seems to

•NDICATOR SA Vol 13 No 3 Winter 1996 43 GGGCGlTdlL KGLTHEE The extent of the have been negated because she was increased from about 36% in the 1994 NP's victory was identified with the ANC more than with her general election, to about 38% in 1996. Bm unexpected ward. the latter was the share of a much lower poll which favoured the ANC - the total number Unfortunately for the ANC, these conditions of votes cast in 1996 was only just over half existed in a minority of wards only. the number cast in the same area in 1994. Furthermore, the social and political profile of the majority of Cape Town's coloured The ANC won under 50% of the votes in the wards will change slowly at best. The ANC largest substructures: 46% in Central, anil will therefore continue to face enormous about 43% in Tygerberg and just one of the difficulties in mounting a challenge to the seven seats in the Blue Downs area. The NP. NP's lead over the ANC in terms of shares of the vote in most coloured wards was in line with estimates of its lead in 1994, and Dashed predictions opinion polls in between. Apart from perhaps the party itself, the extent of the NP's victory was unexpected. The DP's claims were even bolder. Defying Both the ANC and DP predicted better reason, the DP announced that it expected to results. The press predicted a 'swing to the win control of the Southern substructure on ANC' on the basis of pre-election opinion the basis of ' 10 or even 12' ward seats plus polls. Expectations of a strong ANC PR seats (Cape Times, 30 May 1996). As challenge were rooted in the parties' the news came in that the DP had won just respective performances elsewhere in the one ward and two PR seats in the Southern Western Cape last November. The ANC substructure, the party's provincial leader The DP won a larger share of the coloured vote than modestly claimed that 'our support base is announced that it the NP - spurring ANC leaders to declare staying where it was in 1994; it is definitely expected to win that the 1996 elections in Cape Town 'will holding' (Cape Times, 31 May 1996). confirm that the local elections were the control of the beginning of the end' for the NP (Cape The hopes of the Wienburg/Keegan Cape Southern Times, 16 November 1995). Independent Alliance were also dashed. substructure on They had predicted winning enough PR the basis of '10 In the run-up to the May 1996 elections votes for two seats in the Central or even 12' ward however, the ANC's claims were distinctly substructure (Cape Times, 30 May 199(i) - seats plus PR muted. Their experiences canvassing, and they achieved just one twelfth of this target! seats perhaps information from their own opinion polls and focus groups, probably indicated The NP kept quiet about its expected that they were not progressing as planned performance, telling the press before the among coloured voters. Indeed, the media's election that their support had not declined pre-election poll that predicted a tight since 1994 (Mail & Guardian, 24 May contest overall also suggested that there had 1996). In fact, their share did fall been little change in the voting preferences marginally - from about 52% in the of Cape Town's coloured voters (Argus, 27 national PR vote and 49% in the provincial May 1996). PR vote in 1994, to 48% of the substructure PR vote in 1996. As the results came in the ANC claimed to have made 'dramatic gains' among coloured As the NP pointed out, its lower share could voters and 'inroads' among white voters. be attributed to the lower turnout (Cape Coloured people 'have seen through the lies Times, 4 June 1996). The NP's share of 1994 when they were told [that] the ANC remained higher than the media's The NP's would take away their homes, their jobs and pre-election poll had predicted, and there predictions about even eat their dogs in NP election was no collapse in support like the NP had its performance propaganda', said ANC leader Chris Nissen suffered elsewhere in the province in in wards in (Mail & Guardian, 24 May 1996). Indeed, November 1995. African areas 'as the full picture emerges', the ANC said, 'it becomes clear that the elections represent were dashed The one respect in which NP predictions a long term shift to the ANC that is of great were dashed was in its performance in wards significance for the country's future' (Argus, in African areas. It had predicted it would 1 June 1996). win two such wards - in Khayelitsha Site C and Mfuleni/Driftsands (Mail & Guardian, These claims are certainly extravagant. The 24 May 1996) - but won a derisory number ANC's share of the PR vote may have of votes.

LL-lrlLLiaL liLli.LVli.LL- 44 INDICATOR SA Vol 13 No 3 Winter 1996 Roots of NP success the ANC performance, but in the fact that The campaigns the coloured community out there could not of the two major The his? difference between the NP's see through the lies of the NP' (Cape Times, parties certainly 31 May 1996). As a party attacking nciionnance in Cape Town in May and its emphasised ',,.)•(,nnance in the small towns of the privilege, the ANC should hardly be national Western Cape last November was that there surprised when the beneficiaries of privilege was 110 haemorrhaging of votes to - including many working and lower middle personalities and independent or civic candidates this time class coloured voters - opt to vote for the issues round, let alone to other parties. NP rather than a party that promises equity. It also remains unclear how far the ANC has One explanation is the elections' supposedly moved away from its image as a party for African people, to the exclusion of coloured national focus - which encourages voting lor national parties. Several observers people. stressed the national slant to the elections. According to Hermann Giliomee, 'National These first democratic local government issues crowd out local politics to the absurd elections were about transition and extent of the NP poster in this election transformation. The key difference between exhorting voters to support the party in the local politics in Cape Town and the smaller local election to save the rand' (Cape Times, non-metropolitan towns is surely scale. The 30 May 1996). Idasa's Bob Mattes said that most pressing local issues in Cape Town •local elections are still dominated by generally extend across the whole national personalities, campaigns and issues; metropolitan area. Besides education - people still think about casting their vote in which is outside local government control - terms of national or provincial themes' such issues include the distribution of (Cape Times, 31 May 1996). resources between middle class areas and The ANC should townships and shack settlements. hardly be The campaigns of the two major parties surprised when certainly emphasised national personalities It would be surprising if metropolitan level the beneficiaries and issues. De Klerk and Mandela walked issues were not at the forefront of voters' the streets. The NP's posters and pamphlets concerns at a time when almost 40 smaller of privilege vote concentrated on slamming the ANC, while transitional councils are being welded for the NP rather the AN'C also hammered away at national together into six larger substructures and than a party that issues in public meetings. When the ANC, one overarching metropolitan structure. In promises equity NP and DP were invited to list their 'top 10 this situation, independents must expect to promises' in the Cape Times, only the DP do poorly, and the ANC's successes outside focused primarily on local issues (Cape African areas will remain limited to the Times, 28 May 1996). small number of areas with the exceptional characteristics identified above. Research is needed into why people voted the way they did. But some 'national' issues It is unwise to infer underlying electoral have real implications at local level. The trends from these local government election best example is the ANC's education results. Differences in turnout, and the fact policies, and its determination to massively that voters need not vote the same way in reduce the number of teachers in Cape elections to different levels of government, Town's coloured and white schools to mean that the results should not be compared promote interprovincial equity. mechanically to those in 1994. Insofar as the May 1996 election results say anything about With spectacularly bad timing, the ANC's long term trends, it is simply this: like it or national education minister announced not, the NP has maintained its dominant almost on the eve of the election that the position in the heartland of the Western The most ANC would go ahead. President Mandela Cape, and the signs are that it is going to pressing local and other ANC leaders sought to reassure prove very difficult to dislodge. L1?B(3 issues in Cape teachers, but neglected the much larger Town generally number of voters who were parents. extend across ACKNOWLEDGEMENTS the whole I he results prompted patronising comments I am grateful to Zareena Parker and Cecilia van Staden metropolitan area Irom Chris Nissen: 'I'm not disappointed in for research assistance.

'NDICATOR SA Vol 13 No 3 Winter 1996 45 LtLillLLIIilL LililiLVLIi [Re] Sett li

Land Restitution in Kwa Natal

By Cherryl Walker Regional Land Claims Commissioner, KwaZulu-Natal

Restoring land rights is about reversing some of the most appalling injustices of the past in a way that is compatible with development. This article describes some of the major issues confronting the Commission on Restitution of Land Rights' work in KwaZulu-Natal. There are no quick solutions for redressing the wrongs of the past.

he Restitution of Land Rights Act Cleavages operate not only along the racial (1994) and the establishment of the lines of white landowners and black TCommission on Restitution of Land claimants, but also within and across Rights have created new opportunities, but claimant communities and, in some also opened old wounds for the victims of instances, between government structures racist land laws in the past. and claimants. Marginalised rural people come forward to assert claims and in the Restitution is one of three major elements of process revalorise histories of land the Government's land reform programme, ownership that overlap and may even the others being land redistribution (based compete with other claims. Urban people, on need rather than rights) and tenure displaced mainly by the Group Areas Aci, reform. While restitution of land rights are claiming properties in towns around the enjoys greater legitimacy than these other country, but frequently find their rights elements, in practice settling claims is circumscribed by private and public proving to be a slow, complicated process development projects. fraught with tensions that occasionally erupt in open conflict. While many claimants equate restitution with restoring their land, this is in fact, only Those who framed the restitution provisions one of the possible forms that settlemenl of the interim Constitution and the may take. Negotiations to determine the Land restitution subsequent legislation were driven largely most appropriate settlement in each case lie by motives of social justice. at the heart of the restitution process. This is, in fact, only Implementation, however, brings with it can be time consuming, particularly where one of the unexpected complexities and quite sobering the parties have divergent interests and possible forms dilemmas in the interpretation and different understandings of land ownership, that settlement application of the principles of justice and land use, and who is best equipped to may take equity. decide.

I IHrGIELtfilL KGITIM 46 INDICATOR SA Vol 13 No 3 Winter 1996 Backing up the Commission is the Land A total of 7 095 The Commission Claims Court. It is the final arbiter in the claims were Tl c Coir.mission on Restitution of Land restitution process - adjudicating on matters registered in dispute which cannot be resolved by the Rights manages this process, develops nationally by ' nropriatc procedures and negotiates Commission; giving judicial interpretation March 31 1996 tllements that are 'just and equitable'. It to key concepts such as 'just and equitable consists of a Chief Land Claims compensation', 'feasibility' (if restoring Commissioner and Secretariat based in land is recommended), 'the public interest' Pretoria and four Regional Land Claims (where restoration is opposed); and making The Conim^sioners- Regional all restitution settlements legally binding in Commissioners' offices are located in the form of Court Orders. Pretoria (for claims in Gauteng, Mpunialanga, North West and Northern The Court's first rulings on pending cases Province), Cape Town (for the Western and can be expected in the next few months. Northern Cape), East London (for the This will assist the process enormously, by Eastern Cape and Free State), and setting precedents and defining the scope pietermaritzburg (for claims in and limits of the legislation. Kwa/ulu-Natal). KwaZulu-Natal Taking office in March/April 1995, much of its energies in the first year were consumed The KwaZulu-Natal regional office opened by seemingly endless bureaucratic and in April 1995 with an existing backlog of administrative problems, and setting up some 1 200 unresolved claims inherited systems for handling the huge demands - a from the former Commission on Land total of 7 095 claims were registered Allocation set up by the previous With over 3 000 nationally by March 31 1996, Government in 1991 with a limited mandate claims, for addressing claims. Many more claims KwaZulu-Natal Not all these problems have been resolved, have flooded in, pushing the total lodged in leads other but some progress can be reported. KwaZulu-Natal to over 3 000. This province Nationally, several hundred claims have currently leads the others in terms of claims provinces in been 'gazetted', meaning notice of their lodged and conflict over land is also terms of claims acceptance as valid claims in terms of the particularly intense. and conflict Restitution Act has been published in the intensity Government Gazette. The claims lodged cover the full range of land rights, from registered title deed Negotiations to find the appropriate through tenancy rights to unregistered, settlement have begun with all interested informal rights of beneficial occupation parlies, several of which are at an advanced exercised by so-called squatters on state stage. The first few settlements have been land. Claims come from all over the referred to the Land Claims Court for province, but the Commission's attention finalisation. has been drawn to several areas in particular: the metropolitan area of Progress however remains slow, which is Durban/Pinetown, the farming districts Inisiraling not only for claimants and the around Ladsymith/Dundee, and central organisations that represent them, but also Zululand, focusing on Richards Bay and the lor property owners facing the uncertainties Lake St Lucia area. ol claims on their land. This translates into continuing pressure on the Commission, and one of iis educational challenges is to Urban claims convince the public that restitution will not Three quarters of claims are urban, the rest Three quarters of and should not take place overnight. are rural. Yet this division does not claims are urban, accurately reflect the actual numbers of the rest are rural Delays also arise because of the need to people involved in each category, as the screen out fraudulent claims, check that all urban claims tend to be on behalf of potential beneficiaries have been included in individual families, while most rural claims Hie process, and identify the actual piece of are group claims often encompassing many ; l '"d that is being claimed and who all the hundreds of households. mtcresicil parties are. Without these checks, restitution will be flawed and there is a real In the urban areas a major challenge danger ih at a new set of injustices could be confronting the Commission is to determine Perpetrated. the 'just and equitable' balance between

WDiCATOR SA Vol 13 No 3 Winter 1996 47 EEECEIIfiJL LtlilLLVLiL- In Cato Manor restitution and development. Often the land Conservation areas two major policy being claimed has been developed beyond thrusts - all recognition since the claimants were A comparable set of policy questions has removed. The original property boundaries arisen with regard to land claims in areas restitution and have been completely eclipsed by designated as parks, forestry or other housing - are in subsequent consolidations and/or conservation areas. Generally this a state of tension subdivisions, roads have been rerouted, designation took place in the past without areas rezoned, new suburbs developed and consulting - and at the expense of - local old landmarks obliterated. black people whose land was taken from them by alien laws framed by a government Working with these claims brings home the in which they had no representation. devastating impact of the Group Areas Act, as well as the impossibility of recreating But what should the value and standing of much of what was so successfully destroyed. these areas be today? What responsibility Simply trying to identify the original piece should local communities have in of land on current maps can be a major determining their future? The best known exercise. In such cases, many claimants may and most demanding case before the accept that restoration is not feasible and Commission involves the Eastern Shores of consider alternative forms of compensation. Lake St Lucia, where several hundred households were removed between 1956 and More contentious are those areas that have 1974 when forestry reserves were lain vacant for years, but in the current era proclaimed on what was legally, state land. of restitution, are earmarked for new forms of development that threaten to exclude the Many challenging issues need resolution In the Lake St former owners or occupants. This has such as the status of tribal authorities to caused considerable bitterness among those claim on behalf of people who lived on Lucia area, who wish strongly to return to their former non-tribal land; and who should own questions remain areas. They feel dispossessed all over again unalienated state lands designated as such about forms of by new political and economic imperatives. after colonial conquest and annexation restitution in an before 1913. The Land Claims Court will area regarded as In KwaZulu-Natal the prime example is probably rule on these issues soon to enable an international Cato Manor in Durban. This area is a a negotiated settlement. resource designated RDP presidential lead project, involving a major urban renewal initiative Once clarified, major questions remain aimed at housing many thousands of people about the forms of restitution in an area in mainly low cost projects subsidised by the conservationists regard as an internationally Provincial Housing Board. Most of this land important natural resource. Not even the is presently owned by the City and the claimants agree on this matter, although all Province who recently applied to the Land agree that their rights must come first. Is it Claims Court to rule out restoration to in the public interest to allow settlement in former landowners on the grounds that this such an area? Who may claim the benefits would not be in the public interest. that everyone hopes will flow from developing the region? The Commission has used a provision in the Act to call all people wishing to lodge claims in this particular area to do so by 23 July Rural claims 1996. In this way, those with a direct interest Because the nature of the land rights that can be identified and allowed to participate were lost are well documented and since in the legal processes to determine the landowners and claimants agree on their Perhaps the outcome of the court application. legitimacy, perhaps the easiest claims are easiest claims those lodged by communities whose land are those lodged So far some 800 claimants have come was designated under apartheid as 'black by communities forward, including tenants who lived in the spots'. These were black owned farms outside the scheduled and released areas whose land was sprawling shack settlements of Umkhumbane before being forced out in the proclaimed for African occupation in terms designated under late 1950s and early 1960s. of the Land Acts of 1913 and 1936. apartheid as 'black spots' Here two major policy thrusts of the new The first case settled in KwaZulu-Natal Government - restitution and housing - can involves one such farm - Cremin, near be seen to be, if not in conflict with each Ladysmith, which was bought by a black other, then in a state of tension. syndicate in 1912 and then expropriated by

LilMtiUmi LillULVLIi 48 INDICATOR SA Vol 13 No 3 Winter 1996 the state in 1977/78. Negotiations with the premature from an official point of view but In all cases current landowner have proceeded necessary, the community insists, because of where sirioothly, if more slowly than claimants and violence directed against them at the other resettlement end - has meant that clinics, schools and landowner would have liked. The occurs, major houses in which they invested have been left community meeting at which the two parties development agreed to the final Deed of Settlement - behind in the area they vacated. challenges face recommending restoration of the land to the the returning claimants - was a joyous event. Such The state has committed to making the occasions vindicate the promise that compensatory land available and the community restitution will bring not simply justice, but community is also eligible for the settlement also reconciliation. grant programme of R15 000 per household that the Department of Land Affairs runs. But even in legally straightforward cases, But accessing the funds and planning the social complexities may arise. By the time area will take time. In the meantime, the they were removed, many rural freehold community is living under the most communities had large tenant populations. rudimentary conditions. Tenant households of 10 or more years standing are also entitled to lodge claims for Unsuccessful claims the land rights they lost - but finding the appropriate settlement in such cases can be Not all claims lodged with the Commission very difficult. Old schisms between former are valid in terms of the Restitution Act. tenants and landowners may re-open. Identifying these, explaining to claimants why they cannot be accepted and what the The former landowners may not agree alternatives might be, is time consuming and among themselves on whether the tenants sometimes hard. Not all claims should be included in their settlement or lodged with the The Restitution Act provides for claims that directed to alternative forms of Commission are compensation. Tenants also, may regard fall outside its mandate, but which warrant valid in terms of their own ties to the land as far stronger than some form of redress, to be forwarded to the those of their former landlords, particularly Minister of Land Affairs with the Restitution Act where they were absentee landowners. recommendations for how they might be addressed. Two such claims have gone from In the case of the former Nazareth Mission the KwaZulu-Natal office. community near Dundee, the schism that threatens to split the community is between Many unsuccessful claims concern private those wishing to return to their former land, transactions that the Commission is not and who initiated the claim on the one hand, empowered to address. They tell sometimes and those who want monetary compensation tragic stories of land lost, usually from black on the other. In principle, restitution should people to white, through indebtedness, accommodate the beneficiaries' different trickery, naivete, greed, ignorance or family choices, but establishing the state's role in feuding. Others predate the 1913 cutoff meeting preferences is not clear. Nor is it point agreed to by the constitutional easy to equate land bought for restoration at negotiators at Kempton Park in 1993. today's prices, with monetary compensation for land rights lost three decades ago. Yet others involve state acquisition of land after 1913 for public purposes such as building roads, schools or public housing - Settlement issues projects that took place within a racially In all cases where resettlement occurs, discriminatory framework - but that are major development challenges face the unlikely to be construed by the Land Claims Most 'historic returning community. While many Court as in themselves furthering racist claims' have claimants are committed to returning to their policies. been lodged by land, rebuilding communities is a massive tribal authorities task. This is well illustrated by the plight of The Land Claims Court will probably have the Sabokwe people who some 15 years ago to make important rulings on the politically were removed from their tribal land on what contentious 'historic claims' - those •s today the outskirts of Richards Bay. excluded from the Restitution Act's ambit because they involve the dispossession of I hese people have now moved to alternative land rights before 1913. Most of these land identified for them close to their claims have been lodged by tribal authorities original land. Their return, however - or contenders for tribal authority status, and

INDICATOR SA Vol 13 No 3 Winter 1996 49 LLLrLLLLaL LiliULVlili; Some features of the Restitution of Land Rights Act But the Amangwe have lodged a counter- claim and no settlement can occur from any side until this claim is resolved. • The Restitution of Land Rights Act provides that any person or group is entitled to enforce restitution of a right in land if they were dispossessed of such right after 19 June 1913 and the Deciding whether a claim is 'historic' is also dispossession was 'effected under or for the purpose of furthering not a simple task. On much of the state land the object of a law' which would today be unconstitutional in Zululand for instance, people lost any because of being racially discriminatory. indigenous rights of ownership before 1913, • Where land rights were expropriated and it can be shown that but continued to live on the land undisturbed 'just and equitable' compensation was paid, then restitution will until it was alienated to white settlers in the not apply. 1920s or 1930s or - in the case of the state • Restitution may take the form of restoration of the rights that were land around Lake St Lucia - until forestry or lost, or the provisions of alternative state owned land, or monetary conservation areas were proclaimed in the compensation, or 'alternative relief, for instance preferential 1950s and later. access to state housing.

• Where restitution is to take the form of land, the Minister of Land In the case of the Ntambanana farms near Affairs has to certify that it is 'feasible' to return or designate the Empangeni, state land transferred to private land in question in this way . white ownership only in the 1920s was • Where privately owned land is to be acquired for restitution subsequently reacquired in the 1970s to purposes, the current owner is entitled to 'just and equitable' consolidate the KwaZulu homeland. Part of compensation that is based not simply on the current market this land was then used for resettling people value of the land, but takes into account factors such as the forced to move when Reserve 6 and the history of Its acquisition. Sabokwe portion of Reserve 4 on the coast • Section 34 of the Act provides that any level of government may were deproclaimed to make way for apply to the Land Claims Court to rule out restoration of land as a Richards Bay. settlement option in particular areas, on the grounds that this would not be in the public interest. If the application is upheld, the alternative forms of restitution would still apply. This land has now been claimed by neighbouring tribal authorities on the • People have until 30 April 1998 to lodge land claims under this Act grounds that historically - before the demarcation of the Zululand reserves in 1909 - it belonged to them. As evidence, are invariably entwined with conceptions of they refer to unidentified families who were traditional rights and assumptions about the evicted when the first settlers set up their powers of chiefs and tribal councils. farming operations in the 1920s and 1930s. Restitution is important in the These are not simply of historic interest but underpin current political tensions in the Conclusion search for a more province. Sometimes they compete with This is not a comprehensive account of all just and equitable claims to the same land by more recently the issues facing the Commission, but dispensation dispossessed people, such as evicted labour indicates the complexity of restitution and tenants or black landowners stripped of their its importance in the search for a more just hard won freehold rights in the 1960s and and equitable dispensation. Restitution is not 1970s. The latter are not inclined to concerned primarily with rural development, submerge those rights in a tribal claim today. nor with the needs of the landless. Rather it is about reversing some of the most Some tribal authorities are looking to the appalling injustices of the past, by restoring Restitution Act to increase the area currently or compensating for a defined range of under their jurisdiction by reasserting dispossessed land rights, in a way that is not nineteenth century boundaries. But these incompatible with development. boundaries were never static nor formally fixed, and may be no less contested by other It is too early to judge the success of the tribal groupings today than they were in the restitution programme, and in any case, the past. best measures of success need further discussion. The work of the Commission In the Estcourt area, the previous does nevertheless touch on some Commission on Land Allocation awarded a fundamental questions about the nature of large tract of state land to the AmaHlubi, justice and the direction both urban and rural based on their historic claim to that land. development should take. LL-t'Li

ISEEIMfflL Liti.lxLtt.li 50 INDICATOR SA Vol 13 No 3 Winter 1996

1J 1 or yttnijl liSiBSil' lijiajgsui All if is

By Manuel Orozco Department of Government, University of Texas, Austin

Anti-immigration sentiment has increased since 1993 in the United States. The historical and political record of immigration and the sources of recent increases help in assessing this backlash and the Government's policies towards immigration. While certain immigration trends are related to foreign policy and racial identification, the global context is now important. State sovereignty and territoriality are being challenged by transnational experiences.

n mid-1993, at the time of California's unification to married couples and children economic recession and in the aftermath only. Under this legislation the annual Iof the Los Angeles riots, an admission of refugees would be reduced anti-immigrant sentiment emerged in from 100 000 to 50 000. California and in much of the United States. This intensified when California's What explains this anti-immigration Governor, Pete Wilson, claimed that backlash and the practices and policies of undocumented migrants represented a heavy restriction on immigration? To what extent burden to the state. The states of California, is the argument against immigrants valid Florida and Texas filed legal demands and what informs such argument? And, what against the Federal Government concerning does this experience mean in relation to the states' resources on undocumented recent events in the international context? migrants; border patrol activities such as Operation Hold the Line were increased; In order to understand current immigration and Proposition 187 was passed in issues in the United States (US) the California asking whether the state should historical and political record as well as the Proposition 187, still allow undocumented migrants to use sources of recent increases must be public services. passed in considered. While certain immigration trends are related to foreign policy and racial California, asked Since 1994 - a year of high identification, they do not exist in isolation. whether the state anti-immigration sentiment - the backlash should still allow has continued. In Congress there have been The current situation needs to be explored in undocumented calls for a reduction of the annual number of the global context where the conventional migrants to use admissions of legal immigrants from principles of state sovereignty and public services 800 000 to 500 000 which would involve territoriality have been gradually challenged restricting migration through family by transnational experiences.

miPGMifv^G LtLOILM 52 INDICATOR SA Vol 13 No 3 Winter 1996 US immigration trends Figure 1: Immigration to the US by category in 1994

jn 1994 over 700 000 immigrants arrived in the United States under the various Others 0.20% migratory provisions. Family unification -

ilie main source of migration - represented Refugee/Asylum 15.93%

00% of total migration. It is also believed Family 59.12% that undocumented migration annually adds a( least another 250 000 people. Most migration to the US comes from Asia and Diversity 5.01% Latin America, particularly from Mexico (Figures 1 and 2).

The geographic and structural composition of immigration are recent phenomena dating Employment 15.43% from the 1965 Immigration Act which introduced legislation in favour of family IRCA 4.31% unification and migration from non-European countries. In part, these measures were a response to the US' early migration policies that largely focused on - led to mass migrations into the United racial preferences - such as the National States. Many of today's Mexican migrants Origins legislation that denied access to in particular, are an outcome of the Mexico Asian migration. Before the 1960s, debt crisis of 1982 (Figure 3). migration to the United States was primarily European based. These factors explain the recent changes in The six million immigration, characterised by the arrival of legal immigrants IN addition, emerging from the Second more than six million legal immigrants over World War as a world power, the United the past six years, almost double the number over the past six Slates' involvement in the international of immigrants from the early 1980s. The years are almost sphere further changed migration policy. main sources of this increased immigration double the The Cold War, for example, largely defined are: number of the source of immigration into the United immigrants from Slates. As people in countries like Cuba, • The multiplying effect that family Czechoslovakia, Hungary, and China began the early 1980s unification policies have produced. to suffer repression from the socialist regimes of the time, the US allowed mass • Legislation providing amnesty to migrations of people from these countries. undocumented migrants living in the United States before 1982 or 1986. Also, with the advent of Third World Three million undocumented migrants conflicts in the 1970s and 1980s, were legalised through Amnesty particularly in countries in which the United programs passed in 1986 (Figure 4). Slates was directly involved - Nicaragua, El Salvador, Afghanistan, Iran - US policy meant inviting people to migrate to the US which portrayed itself as the representative Figure 2: Immigration to the US by country of origin in 1994 of the free world, providing opportunities for all. Mexico 13.54% China 6.87%

'fhe relative international economic decline Europa 20.20% the United States suffered as a world power also played a role. As diminishing Central America 5.05% competitiveness affected the US economy, — Canada 1.62% those sectors unable to compete resorted to South America 6.06% — low skilled labour to maintain their earlier position in the world market. This in turn called for cheap foreign labour, legal or illegal. Finally, the economic crises that the Caribbean 13.13% countries of Latin America suffered - which often coincided with political turmoil like in Asia 30.51% the Central American region and Colombia Africa 3.03%

INDICATOR SA Vol 13 No 3 Winter 1996 53 tlliliL-aUillLU \i IMlITDUEG • The number of legal immigrants is Figure 3: Immigration trend to the United States higher than ever.

• The high levels of undocumented immigration have negatively affected the national economy.

• The character of citizenship has been devalued.

A number of corrective policies have been proposed ranging from national identity cards to the complete closure of the southern border. Are these accurate assessments of, and solutions for, the immigration problem? The validity of the three arguments above must be explored.

Increased legal migration Figure 4: Immigration to the United States, 1980 -1994 Critics raise four issues in this regard. First, the present number of immigrants is already Immigration to United States,1980-1994 2000000 extremely high. Second, the population i i i ! ! I i i I i i I ! i i i growth rate of immigrants is higher and 1800000 l ! ; faster than that of natives and is creating a - - -7 - 1600000 demographic concern about the country's l * - , present and future carrying capacity. ('rities 1400000 I ' \ i h Immigration ' '" i i ! ' I It! I ask whether the United States, after adding 1200000 I I I I I / ~ 1 60 million people over the past 25 years, can 1000000 realistically accommodate another 60

800000 million people over the next 25 years and 75

__ j 1 million in the 30 years thereafter (Bouvicr 600000 and Martin 1994). j I 400000 J | ! u I [ j J I I I i I 1980 1932 1984 1986 1988 1990 1992 1994 1981 1983 1985 1987 1989 1991 1993 A second criticism relates to immigrants' ethnic composition. The increasing le\els of immigration - now reaching 24 million foreign born, or 9% of total population • will change the ethnic composition of the • The effect of the ideological clash population. This will have negative against communism is reflected in an repercussions for policy design because, for American foreign policy that invites example, more than one language will be asylees from countries with whose spoken. governments the United States has conflicting relations. This explains the Third, influential labour economics experts Cuban, Eastern European and have argued that in the past 10 years the Nicaraguan migration in the 1980s. wage differential between immigrants and natives has increased. Immigrants' earnings • Undocumented migration, estimated at are 30% less than natives and their between 250 000 and 500 000 people schooling is lower than that of natives. As per year, has significantly increased the long as their skill distribution differs from number of people living in the United that of native workers, immigrants change States. This has raised not only the the shape of wage distribution (Borjas debate about the future of immigration 1995). In cities with large numbers of policy, but also an anti-immigration immigrants, the wages of natives are 2% backlash. lower than in cities with few immigrants.

In the past few years, immigration has been These arguments do not adequately explain considered a problem with critical current immigration. While demographic repercussions for the United States in at changes are taking place, these are not all least three ways: negative: there is a need to inject the ageing

IrECa^GMfCtTE LililLLVlili: 54 INDICATOR SA Vol 13 No 3 Winter 1996 Iji; society with young immigrants. 1992 an additional 55 000 immigrants a year As the US work According to the Census Bureau, in the have been added to the total numbers force grows there will be a 42% growth among allotted for. As legislated, diversity visas are older, immigrants those aged 85 and older - six times the rate more of a political move than a solution to can provide a fairness in immigration. From 1989 to 1993 0f overall population growth. As the US pool of young work force grows older, immigrants (who this legislation has accounted for an increase workers who arc mainly young) can provide a pool of of nearly five million immigrants (INS would supply the y0llI1g workers who would supply the 1994). ageing population. ageing population Thus, increased immigration has resulted The argument about the danger of changing from corrective measures aimed at the ethnic composition of the United States stabilising past undocumented workers, often reflects racial bias about the declining bringing in children born in Asian countries proportion of white Americans, rather than of American descent, attempting to diversify objective problems of a multi-ethnic society. the ethnic pattern of immigrants, and Arguably, the capacity of the US to absorb improving the country's competitive edge immigrants today has more to do with by bringing highly skilled labourers. economic class than race or ethnicity: poor standards of public schooling negatively affect all the poor-citizens and immigrants Undocumented migration -as education is key to assimilation and There is an assumption that undocumented upward mobility. people 'steal' jobs from other Americans or legal immigrants, yet little supporting Furthermore, while the widening inequality evidence has been found. between immigrant and native wages poses The numeric a major problem to the economy, experts Furthermore, important domestic forces rarely point to the root of the problem. might have attracted them in the first place. increase in legal Borjas (1995) for example, has found a One is related to the decline in American immigration strong relationship between the trade deficit international competitiveness as mentioned stems from new and the wage inequality. earlier. Employers' preferences for cheap immigration labour do not 'discriminate' between a measures taken As the United States has lost its competitive citizen and an illegal alien, but rather since 1986 edge in certain industries, imports have between workers who accept less payment. overtaken domestic production. This suggests that it is not the immigrant that Another fundamental cause of lowers the wages but rather the industry's undocumented migration relates to the sheer scarch for cheaper, labour intensive influence of American intervention abroad - measures in an attempt to cope with political, cultural and economic. Sassen international competition. (1992) has argued that capital mobility and foreign economic intervention have fuelled Regarding the numeric increase in labour mobility. immigration, it is true that legal immigration has grown in the past 15 years (Figure 4). Linkages between the United States and But the increase stems not only from the other countries have served as bridges for traditional sources of immigration - family migration. In terms of cultural and political rcunilication and refugee and asylum policy influence, US foreign policy has had a - but nither from new immigration measures demonstration effect on sending countries taken since 1986: Registry, Amnesty, and whose population see America as the land of Special Agricultural Workers are different freedom and opportunity. Yet, this linkage forms of legalising undocumented migrants. has not been coordinated with immigration Another I he Diversity visa also known as the lottery policy (Teittelbaum and Weiner 1995) and fundamental v'sa, likewise provides for people from undocumented immigration has continued cause of adversely affected countries like Mexico. partly due to the lack of coordination. undocumented Most of this legislation has had a temporary migration relates rather than a permanent effect on the regular Devaluation of citizenship to the sheer "Emigration flow - amnesties decreased Schuck (1989) has argued that the expansion influence of alter IM92 and Registry has declined too - of rights to legal aliens has reduced the American s "ice the pool of people to receive legality is value of citizenship as legal aliens' intervention 'caching its end. The legislation on diversity incentives to naturalise have diminished. abroad \ixas presents a more serious problem. Since Schuck observes that a large number of

'NDICATOR SA Vol 13 No 3 Winter 1996 55 HIIIP£GM*CE LitiliLl'LiL- Undocumented Table 1: Median years of residence by year of naturalisation immigration has and region of birth 1960-91 continued partly REGION OF BIRTH 1991 1985 1980 1975 due to the lack of 1970 1965 coordination between foreign NATURALISED 8 8 8 7 8 7 EUROPE 9 9 10 8 and immigration 9 7 ASIA 7 7 7 6 6 policies 6 AFRICA 7 7 7 6 6 6 OCEANIA 9 8 8 7 9 0 NORTH AMERICA* 12 13 11 9 7 9 SOUTH AMERICA 9 8 9 10 7 7

*The majority for North America are Mexicans.

Source: Statistical Yearbook of INS, 1992.

aliens who are eligible to obtain citizenship The immigration debate fail to do so, and if they apply for naturalisation they wait until well after they The criticisms of immigration do not become eligible. This claim raises two correspond to the realities of immigration. problems. The discourse seems rather to be informed by at least four forces: race and class, policy That only 10% of On the one hand, there is inadequate and politics. immigrants research explaining why naturalisation rates naturalise every are so low, and why the right to vote is • Race year may be due (presumably) not a sufficient incentive to to structural naturalise. That only 10% of immigrants The United States, despite being a constraints naturalise every year may also be due to democracy and a nation of immigrants, has a structural constraints which keep them deeply rooted racist tradition. Slavery, isolated from the polity at large, thus finding racism against Jews, Irish and Mexicans, the little incentive to naturalise. expulsion of Asians and segregation of blacks have a long tradition in the country. On the other hand, Shuck's criticism of the With such a history, the signification delay in naturalisation is overstated. attached to groups regarded as 'outsiders' or Immigrants have taken on average between foreign is contingent on the almost seven and eight years to naturalise (Table 1). hierarchic racialisation that has existed Except for Mexicans, immigrants have among the dominant groups in the countr;.. chosen to become citizens two to three years after becoming eligible. This raises the Thus, the treatment of immigrants as question about the specificity of Mexican 'outsiders', which is worse for blacks, naturalisation. Because Mexicans have Latins, Asians and other non-white constituted about 40% of immigrants in the minorities, is a result of the racial past 20 years, their delayed decision to identification that has given positive weight naturalise has affected the overall rate and to 'whiteness'. Becoming an 'insider' occurs number of naturalisation. as a function of their assimilation into the white world. The treatment of The number of years taken to naturalise is also not new. Table 1 shows that since 1965 immigrants as Even when migrants are finally admitted, naturalisation has taken the same number of the reticence to fully incorporate them is 'outsiders' is years. Thus, what Schuck sees as a problem reflected through racial discrimination and worse for blacks, has been a normal pattern, suggesting that social marginalisation. At the same time, the Latins, Asians naturalisation results from long reasoned effects of marginalisation reinforce and other decision making: citizenship is acquired anti-immigration sentiment. non-white once an immigrant feels emotionally minorities prepared to assume allegiance to the new Incorporating ethnic groups and minorities polity. It is thus not clear whether also threatens the dominant white groups citizenship has been devalued, or whether who associate this with a decline in their immigrants choose not to naturalise without hegemonic control on society. On the one lengthy consideration. hand, critics argue that most Third World

EEfiPtlGMTGG IXELiltEG 56 INDICATOR SA Vol 13 No 3 Winter 1996 • Tinii4i"£ints bring a political culture affected Alexander has called for the elimination of Immigrants work I, i authoritarian practices which could any social service to undocumented in some of the undermine the American system's migrants and for a new branch of the army lowest paid to patrol the border. Buchanan supports democratic character. positions reducing migration every five years in order because On die other, critics maintain that the to maintain an annual quota of 200 000 country's current ethnopolitical composition migrants, in which only close relatives can consumers will be upset by immigrants, altering the migrate. He has also called for English to be demand low balance of power that whites have retained. the official language, as well as the creation prices based on Immigrants also bring criminal tendencies of a 70 mile wall along the Mexican border low wages into the country, especially terrorism and (Associated Press, 17 February 1996). narcotraffic. Anti-immigration sentiment has also been partly shaped by sectors within the • Class Immigration and Naturalisation Service As immigrants are incorporated into the (INS) who have not managed the policy. labour market, they are located within the Overwhelmed by the increase in confines of low skilled, low wage labour. immigration, INS officials have called for a Incorporation is transitory - there is an strengthening of their enforcement side, assumption about their limited stay in the without acknowledging the policy country (Blanco 1995). contradictions between for example, foreign and immigration policy. Third World migrants are no longer members of the industrial labour reserve While the State Department has practised a market, they are now active members of foreign policy that offers an invitation to Immigration is of certain manufacturing and service sectors, migration, the INS struggles to reduce the major relevance number of immigrants and to deal with the liven US nationals who are uncomfortable in US politics about immigrants admit that in the service backlog of applications. industry there are immigrants (legal or illegal) working some of the lowest paid positions because consumers demand low International trends prices based on low wages. The elements which explain anti-immigration discourse in the US are One of the most common cases of migrant common threads from a larger phenomenon labour exploitation occurs among women - of international dimensions. In most parts of such as those from Mexico or Central the world immigration is an everyday America - in the domestic work industry. experience which is part of a world event. These women have been employed for $2 an hour for 15 hours a day, with no More than 125 million people live outside compensation or social benefits of any kind. their country of origin and 35 million people migrate every year (Kane 1995). This new Immigrants consequently have limited experience is one of an intermestic world, in possibilities to improve their position, but which social processes challenge the are simultaneously accused of causing the conventional borders that divide the external economic and social problems in the country. from the internal. This reconstitution of territorial boundaries has challenged the political parameters of state sovereignty. U Politics and policy Immigration is of major relevance in US Culture, politics and economics for Politics, used by politicians either to pursue example, are no longer circumscribed into More than 125 org;tin votes, or to advance their the framework of the state. million people neo-conservative agenda by inciting live outside their ami-immigration feelings. On the one hand, in practice the state is no country of origin longer the main monopoliser of power to and 35 million Politicians such as Pete Wilson, the produce political identities, such as those of people migrate Governor of California, Pat Buchanan and citizenship and nationality. On the other, l-

INDICATOR SA Vol 13 No 3 Winter 1996 57 EEKPGLSfiMC G KEIIIMItB Transnational The state is not disappearing - instead a new World people also mobilise, although by communities conflict is emerging within the state in foot or canoe, from one part of the world i0 establish their which other intermestic groups redefine the other, establishing alternative points of identity and their nature and produce new international residence. It is in this context of an relations. The rise of transnational intermestic nomadic world that the United power communities, of which ethnic groups are States is faced with the problem of independently of one type, shows how the state and immigration. The American polity is being the state's international relations have become reconfigured by those forces within a territorial redefined. multicultural and multi-ethnic realm. LL-t'fi.- boundaries Transnational communities establish their identity and power in different points of the globe, independently of the state's territorial boundaries. An important characteristic of transnational communities is that their REFERENCES power resources, such as mobilisation, are Atali J (1991) Millennium: winners and losers in the cominn world order. New York: Random House. ,y different to that of the state. In many cases Borjas GJ (1995) 'The internationalization of the US I these communities derive their stock from market and the wage structure', Federal Reserve bank of New York Economic Policy Review, 1(1) Januarv their mobilisation, number, and perceived 1995(b). ' idea of imaginary communities. Borjas GJ (1917) 'Know the flow (economics of immigration)', National Review, 47(7). Bouvier LF and JL Martin(1994) Shaping Texas: the efforts Another phenomenon which has influenced of immigration—1970-2020. Washington: Center for migratory societies in particular is Immigration Studies. Center for Immigration Studies (1994) Backgrounder. 'nomadism': an international social identity Washington: Center for Immigration Studies. which has clashed with 'settled' societies. Another Durand J and DS Massey (1992) 'Mexican Migration to the Enzensberger (1993) argues that the conflict United States', Latin American Research Review, 27(2). phenomenon between nomadic and settled tribes is as old Enzensberger HM (1993) Civil Wars: from L.A. to Bosnia which has New York: The New Press. as Cain and Abel's times and that settlement Kane H (1995) The Hour of Departure: Forces thnt Cieatc influenced is an exception in social development. Refugees and Migrants. Washington: World Watch Institute. migratory Whether this is true or not, nomadism INS (1994) Statistical Yearbook of the Immigration and societies in represents a historical moment for the 21 st Naturalization Service. Washington: US Government century. Printing Office. particular is Sassen S (1992) 'Why migration?', Report on the Amoricas 'nomadism' 26(1). As Atali (1991) mentions, men and women Schuck PH 'Membership in the liberal polity: the devaluation of American citizenship', Immigration and the politics of of the North mobilise by plane, with cellular Citizenship in Europe and North America. William Rogers telephones and portable computers. Third Brubacker. New York: University Press of America.

EliCCl^BfiCTCE LiLiliLVLli 58 INDICATOR SA Vol 13 No 3 Winter 1936 u UD iuropean Union Lessons For Southern Africa

By Meshack M Khosa Centre for African Research and Transformation University of Natal Education and Innovation Foundation

South Africa is committed to regional economic integration, but the evangelical acceptance of economic liberalisation may exacerbate poverty, degradation of the environment and lead to a growing security crisis in the region. In critically assessing the European Union and drawing lessons for Southern Africa, this article argues that South Africa should help create conditions that will accelerate less polarised economic development and a more democratic political environment throughout the region.

n 1 January 1993 interior market and ethnic hierarchy, and internationally - barriers to the free flow of rejecting the fortress Europe. The focus production factors within the should be on problems which go beyond D national and international boundaries such European Community were officially eliminated. The European Union is often as global competition, destruction of the cited as a 'successful example of regional natural environment, increasing integration'. Lessons can be drawn for unemployment and new health hazards such Southern Africa, whose countries are former as AIDS. colonies of European Union member states. On paper, the European Union has some The liuropean Community also played an innovative policies, but government's important role in supporting countries in concern with some of these important issues Southern Africa during apartheid through is at best fragile and at worst cynical funding but also through European lip-service (de Beus 1994). expatriates and advice. Authors such as de Beus (1995) and While there is some consensus in terms of Marquand (1995) suggest that the its objectives, the integration of the institutional structure of the European Union liuropean Community has been conflictive is at risk. This risk is associated with and contradictory, and is not a risk free increasing unemployment, diverging model to be copied elsewhere. It has been economic performance, regional argued that the European Union must mean inequalities, the rise of right-wing more than the free flow of capital and labour xenophobia, racism and scape-goating. across Europe, and include European Political parties, interest groups, mass media The contradiction between market based and a European public opinion. Moreover, unequal development and the absence of a •he liuropean Union should be about 'the distributive function at the European level is Protection and promotion of a transnational another contradiction of the Union. The integration of j^'l society and its common standard of Although economic integration may trigger llv the European 'ng' (deBeus 1995: 231). general economic growth in some areas, it may also imply that some states will lose Community has f'or de Beus (1995), the ideal is an open their competitive edge and lag behind others been conflictive society nationally - rejecting class society (Curbelo and Alburquerque 1993). and contradictory

INd1CAT0RSA Vol 13 No 3 Winter 1996 59 ElIKL'dCffi'tjL'liE COUBCtiEB Poor countries Lessons from Europe • Agreement to trade without from iers are likely to be does not necessarily develop a sense of losers as a result The fate of the nation state has been belonging which emerges from national of rapid monetary particularly important to the debate about boundaries (Mackay 1993). integration and European integration. On the one hand, there are those who see integration as the The reality of European life is of attempts high regulatory 'withering away of the state', and on the by some member countries to 'sneak standards other, those who envisage nation states as competitive advantages' in an increasingly entities central to the integration process cut throat world economy. This may be" (Rosamond 1995). For federalists, the accompanied by growing parochial ami ultimate end to European integration would chauvinistic drum-beating and deepening be a constitutional settlement in which national rivalries (Marquand 1995). founding nation states operate within a legal framework which delegates some powers For example, Britain's social chapter opt-out upwards to a supranational entity. is seen as a classic example of free rider politics, as Britain has been allowed to As with federalists, functionalists begin with escape her share of the social costs of the the idea that international conflict can be single market. As a result, the process of resolved through positive cooperation. social dumping which the social charter was Dominant models take for granted particular designed to stop, is likely to continue premises about how politics is shaped and (Marquand 1995). governed. Rosamond (1995) criticises the circularity which characterises much of this Although the end of communism in Eastern theorising of regional integration. Although Europe was welcomed by the west, most of The reality of states may play an important role in the Eastern Europe is likely to remain outside European life is integration process, it is important to the new European Union. Consequently, an of attempts by consider the role of informal interaction impoverished hinterland will emerge, which develops without deliberate political separated by the new kind of Berlin wall: a some member decisions, following instead the dynamics of wall of 'patronising indifference' countries to markets, technology, and communications (Marquand 1995). 'sneak networks. competitive Marquand has identified four contradictions advantages' A number of lessons can be drawn from the at the heart of the European Union. First, a European experience of regional paradox of identity. What is meant by cooperation and economic integration: 'Europe'? Where are its boundaries? What are the essential features of a European • Poor countries are likely to be losers as identity? The founding fathers never defined a result of rapid monetary integration what they meant by 'Europe' and over the and the introduction of high regulatory years 'Europe' was expanded. standards, such as for pollution and social protection of workers (de Beus The second paradox centres on territory. At 1995). the heart lies a coincidence between economic convergence in the core of the • Monetary integration and harmonisation economy, and divergence in the periphery. of regulation are impossible without Evidence suggests that polarisation within central redistribution from the rich to the the European Union has increased poor member states, either to somewhat. As capitalism is centripetal, the compensate for loss of competitive edge free market rewards those regions which arc- or to build up new competitive well endowed for the marketplace, and It has been advantages (deBeus 1995). punishes those who are badly endowed - argued that the endowment includes geographical location. European • Solidarity on some issues may not Community's necessarily extend across national Elsewhere, John Whitelegg (1993) has commitment to boundaries and this may cause some argued that the European Community's economic growth friction within the union. commitment to economic growth is the primary source of environmental is the primary • There are a number of differences degradation. Moreover, the European source of between national economies within the Community's economic and spatial logic environmental European Community which may underpinned by strong notions of degradation impede integration if governments do deregulation and liberalisation has ensured not perceive obvious advantages. that sustainability cannot be achieved.

laacu-ugim'u'uj ccwomus 60 INDICATOR SA Vol 13 No 3 Winter 1996 The third paradox is that of Regional destabilisation The persisting sllpi;11iationaIism. Marquand (1995) argues notion of ("hat supporters of the European Union In Southern Africa, the destabilisation of the sovereignty is transport corridors and other communication customarily proclaim that the aim is to increasingly at routes by military acts and economic irilnscend the nation state or national measures caused serious difficulties both for odds with the sovereignty. However, the founding fathers reality of the f the European Union wished to transcend the transit countries and for the countries in 0 the interior. Apart from the loss of life and global, economic nation states in certain crucial areas of the devastation caused by war, there were and cultural policy only. persistent interruptions to the circulation of exchange Ration states remain sovereign and are still goods, and stoppages of production the most important focus for political loyalty activities during the era of destabilisation. and activity. Nevertheless, the persisting notion of sovereignty is increasingly at odds In order to perpetuate economic dependency with the reality of the global, economic and and political compliance, apartheid South cultural exchange (Rosamond 1995). Africa adopted a strategy of destabilisation as her regional policy. Whereas the The fourth paradox is that so long as there is countries of Southern African Development no political authority to ensure territorial Coordinating Conference (SADCC) made justice to overcome the centripetal efforts to develop their own transport tendencies inherent in a capitalist free systems and to increase their independence market economy, the periphery will be from external factors, South Africa did all in unable to sustain the monetary union which its power to maintain its dependence on will be incomplete. Marquand (1995: 228) other southern African countries. It is argues that there is a contradiction between estimated that the destabilisation policy There is a caused SADCC countries around $60 billion the monetary ambitions of the Union and its contradiction territorial divergence. The resolution can (Valigy and Dora 1992). between the only come about through political institutions, something which the Economic Through its own military actions, and monetary Union did not adequately resolve: through its support for Unita in Angola and ambitions of the Renamo in Mozambique, South Africa European Union "Maastricht was rooteel in technocratic waged war against the corridors and other and its territorial cconomism of the Community's salad transport infrastructures that were vital to divergence days. It was based on assumption that a the countries of the region. Sabotaging the simile market would lead ineluctably to transit trade through the corridors was monetary union, and a monetary union accompanied by loss of confidence by the to a political union. There was no need carriers, who then diverted their cargoes to to mobilise concert for the eventual the railways and roads of South Africa political union; it would emerge, of its (Valigy and Dora 1992). own accord, from the bosom of history. Hv the same token, there was no need to The policy of destabilisation resulted in examine the political obstacles to considerable displacement of cargo flows. monetary union or to try patiently to For example, between 1979 and 1988 in overcome them. Monetary union was a Mozambique, the amount of cargo handled technical matter, to be achieved by dropped from 6 million to 2,7 million technical means." tonnes, while in Angola transit traffic came to a complete halt (Saasa 1994). In 1988, the A number of valuable lessons can be drawn land locked countries of SADCC Iroin the European Community. For transported about 50% of their maritime economic integration to succeed in Southern foreign trade (by tonnage) through South It is estimated Alrica, there is a need to espouse African ports. South Africa's destabilisation that the apartheid trans-boundary civil society, and allow policy also led other countries to a similar destabilisation democratic participation by non-state actors situation. policy caused -Mich as women, environmental groups and SADCC countries trade unions - in regional policy formulation In 1988 Malawi was obliged to spend 43% around $60 billion through new institutional arrangements of of her export earnings to transport foreign v ?» ei nance. As trans-boundary programmes trade cargoes on the lengthy route to the •'re developed, the centrality of meeting South African ports. In the process, South hasic needs, protecting the environment and Africa viewed the Southern African transit promotion of the cultural diversity should corridors in two ways: on the one hand, as a •eniain intact. locus of destabilisation and economic and

'NDICATOR SA Vol 13 No 3 Winter 1996 61 earci^iiMfccG KEIMIO The model of political pressure, and on the other, as an facilitate economic integration particularly free market opportunity to play 'big brother' (Valigy in respect of SADC, South African Cusinnis integration is not and Dora 1992). Union (SACU) and the Common Market of ideal for the Eastern and Southern Africa (COMFSA). Third, there is a need to adopt a multi-speed SADC Valigy and Dora (1992) note that South Africa's regional policy was in harmony approach that allows a group of countries to with the intentions of a handful of large move faster than others in the scale transport companies who operate in implementation of economic integration most of the region's transport corridors, and (African Development Bank 1993), in maritime transport. Their corporations and firms possess ships, land transport and The multi-speed approach has received maintenance resources, their own support from President Mandela as one containers, and a vast network of highly which takes into consideration 'the experienced agencies and representations. complexity of the situation' in Southern Moreover they control much of the transit Africa: traffic in Southern Africa. "If we move with undue speed towards the noble ideals of full integration and New security regime trade liberalisation, negative migration The 12 member states of the Southern trends in capital, skills and labour might African Development Community (SADC) well set in. We would wish to see have for the past 10 years been undergoing balanced and equitable development far reaching socio-economic and political throughout the region, to the mutual transformation. Countries which in the wake benefit of all its people" (Mandela Wv A multi-speed of independence had opted for 2). approach allows Marxist-Leninist inspired economic models a group of have today turned towards economic Implicit in this argument is the realisation liberalisation and are implementing countries to that South Africa is attracting an increasing structural adjustment programmes. number of migrants from Southern Africa in move faster than search of better employment opportunities. others in the In parallel with this economic liberalisation, Moreover, the democratic South Africa has implementation the region is also witnessing major political a priority also to improve the well being of of economic reforms. In the 1960s, Botswana was the her citizens through the Reconstruction and integration democratic exemption in Southern Africa. Development Programme (RDP) in order to Today it is only in Angola and Swaziland eliminate current poverty, wage imbalances that fully fledged multiparty systems do not and the provision of bulk services. exist. The most important milestone in this wave of democratisation is undoubtedly the South Africa has, since April 1994, declared ending of apartheid in South Africa. her commitment to economic integration. As Mandela affirmed at the Summit meeting of Given the economic superiority of South the SADC Heads of State: 'South Africa Africa in the region, the model of free supports the goal of full economic market integration is not ideal for the integration of the SADC region' (Mandela SADC, as this would lead to unequal and 1995: 2). This theme has been echoed on unsustainable development, with a strong numerous occasions: tendency towards polarisation. Previous attempts at regional collaboration and "Our vision extends to Africa as a economic integration have been poor and whole. A prosperous SADC region and the overall performance unimpressive. strong region-to-region economic South Africa has, Conflicts between member states or vague linkages will give life to the vision, since April 1994, economic benefits of members through the captured in the Abuja Declaration, of a declared her economic process have contributed to this. united and integrated African commitment to continent." (President Nelson Mandela, economic A more appropriate approach would be an Second Afro-Arab Trade Fair, Sapa, M integration integrated, coordinated and sustainable October 1995) development model. A number of key features are central to this approach. First, However, the hard question of what kind ol sector cooperation, coordination and sustainable development path is to be harmonisation can proceed in one sector as followed cannot be avoided by SADC fast as circumstances allow. Second, the forever. The evangelical acceptance of importance of institutional rationalisation to economic liberalisation through

0IMGCDOTE LCIIIILVIIB 62 INDICATOR SA Vol 13 No 3 Winter 1996 deregulation, privatisation, Political Sciences, and especially Dr Jack Shepherd for So far most comments on the earlier version of this paper. commercialisation and deregulation in some meetings of slates in Southern Africa - Zambia and SADC have been jvlozambique are two examples - may REFERENCES more symbolic exacerbate poverty, degradation of the Curbelo J L and Alburqueraue F (1995) 'The lagging and less environment and lead to a growing security regions of the EU in the race of Economic Monetary Union', Journal of European Planning Studies, 1 (3), visionary, leaving crisis in the region. 275-297. de Beus J (1995) 'Comment: European constitutional the nuts and patriotism', in D Maliband (ed), Reinventing the Left, There is a need for countries in Southern Polity Press, Cambridge. bolts to member Africa to convene a summit to spell out the Mandela N (1995) Welcome and opening address by the states President Nelson Mandela, Summit meeting of SADC economic and political vision for the region. Heads of State and Government, Kempton Park, 28 So far most meetings of SADC have been August 1995. more symbolic and less visionary, leaving Marquand D (1995) 'Reinventing federalism: Europe and the left', in D Maliband (ed), Reinventing the Left, Polity die nuts and bolts to member states to Press, Cambridge. develop their own macro-economic policies. Mackay RR (1993) 'A Europe of the regions, a role for It would be in the interest of South Africa to non-market forces', Regional Studies, 27(5), 419-431. Rosamond B (1995) 'Mapping the European conditions: the help create the conditions that will theory of integration and the integration of theory', European Journal of International Relations, 1 (3), accelerate less polarised economic 391-408. development and a more democratic Saasa OWS (1994) 'The effectiveness of dependability of political environment throughout the region. Southern Africa's ports and trade routes', in M Venter (ed) Prospects for Progress: Critical Issues for Southern Africa. Longman: Cape Town. South African Press Association (Sapa), Daily News Archives. Valigny I and Dora H (1992) 'The creation of SADCC and Acknowledgment the problem of transport', in S Viera, GM Martin and I This paper was written when I was on a Research Wallerstein (eds) How Fast the Wind: Southern Africa Fellowship at Cambridge University, Wolfson College in 1975-2000. Africa World Press: New Jersey. 1995. Thanks are extended to the Global Security Whitelegg J (1993) Transport for a Sustainable Future: the Fellows Initiative (GSFI) staff, Faculty of Social and Case for Europe, John Wiley and Sons, New York.

NDICATOR SA Vol 13 No 3 Winter 1996 63 GEKlftMftJE LililiLVllli Trading Places

Nigeria Africa

by Adekeye Adebajo, St Anthony's College, Oxford and Chris Lands berg, Centre for Policy Studies

Since the 1960s when apartheid South Africa was marginalised in Africa and beyond, Nigeria was the undisputed 'hegemon' of Africa. But these roles have now been reversed. In future, Africa will be waging a war against poverty and in favour of political liberalisation. On both counts, South Africa is better positioned than Nigeria to lead the continent.

he notion of African marginalisation post-Cold War era, the tide is turning. is no academic exercise - it is real. Archbishop Desmond Tutu recently likened TAfrica is therefore in desperate need talking to General Sani Abacha to a of continental leadership. Nigeria and South conversation with the old white rulers of the Africa it seems, are trading places in an apartheid establishment. Yesterday's pariah undeclared contest for leadership in Africa. has become the new prophet; and Nigeria's highly regarded permanent yesterday's prophet - today's pariah. ambassador to the United Nations, Ibrahim Gambari (1994) remarked: Nigeria "...the gloiy of the new South Africa The stage for Nigeria's position was already contrasts sharply with the present state set in 1960. The annus mirabilis of African of my own country, Nigeria. The most independence in 1960 saw the birth of populous black nation of such proud Nigeria amidst great hopes for a political people, Nigeria, is now in a state of and economic leader. In the same year, decay if not despair. " South Africa, the 'giant' on the other side of the Limpopo river, was compelled to engage Gambari believes that Nigeria, by acts of in forced self expulsion from the omission or commission, is about to be Commonwealth. In the three decades that overtaken in the leadership role in Africa, a followed, both 'leviathans' failed to achieve role which their 'human resources and their leadership aspirations in their destiny' enabled them to play in the past and respective sub-regions for very different perhaps in the future. The challenger is reasons. Nigeria and South Africa. South Africa are For Nigeria, its West African sphere of trading places in For much of the post-1960 era, when South influence was littered with francophone Africa's ruling elite was preoccupied with states who looked to France for protection an undeclared apartheid, Nigeria was masquerading as the against the potential neighbourhood bully- contest for undisputed 'hegemon' of Africa. The glue France intervened in the region with leadership in that secured Nigeria's leadership - apartheid reckless abandon, landing gendarmes in Africa - has come unstuck. In this post-apartheid, Gabon, Mauritania and Chad, and

EELtEEGGlJCCE HElICuEE 64 INDICATOR SA Vol 13 No 3 Winter 1996 effortlessly shuffling regimes around. A by expelling millions of Ecowas citizens - There remains a French Foreign Minister, Louis de termed 'illegal aliens' - in 1983 and 1985. pervasive fear of (juiringaud, once aiTogantly remarked that, Despite the claims of boastful jingoists, Nigeria in West Nigeria's leadership aspirations in the •Africa is the only continent where we can Africa S(j||, with 500 men, change the course of sub-region were in fact rendered a history' (quoted in Adebajo, 11 September hegemonic illusion by the presence of I y95). France.

Paris kept bases in Senegal, Cote d'lvoire South Africa and Gabon, and President de Gaulle even supplied arms to - and nearly approved South Africa in contrast, was able diplomatic recognition of - the Biafran effortlessly to subdue its neighbours both secessionists during Nigeria's civil war of economically and militarily during its 1967-1970. Francophone Gabon and Cote boastful era of destabilisation. Pretoria even d'lvoire also recognised Biafra in an attempt threatened its weak neighbours with the to weaken the Nigerian colossus. atomic bomb (Landsberg and Masiza 1995). It used a flourishing arms industry, some Nigeria's attempts at greater political world class manufacturers and the tenth influence in the sub-region through largest stock exchange in the world to assert economic means were also frustrated by the its hegemony in its theater of operation. French. In an effort to dilute Nigeria's economic strength in the Economic The economies of neighbouring countries Community of West African States were so dependent on South Africa that (Fcowas), French President Georges cheap labour from Swaziland, Lesotho and Pompidou encouraged the francophone Mozambique flooded to South African Nigeria's slates to create a 'community within a mines. Pretoria dominated the Southern leadership community' in the form of the six member African Customs Union involving aspirations in the Communaute Econominique de I'Afriqite de Botswana, Lesotho and Swaziland - I'auest. This continues to exist within Namibia recently joined - establishing the sub-region were Fcowas, and Paris tied the currencies of the free flow of goods and common external rendered a francophone states to its own French franc tariff that would benefit the white ruled hegemonic (Adebajo 1995). Republic (Friedman et al 1996). This illusion by the prospect had eluded Ecowas. presence of In its two decades of existence, Ecowas has France not come close to its goals of establishing a South Africa's exports to the region were common market and a common external eight times more than regional imports and tariff. Most trade is still tied to the West, land locked Zambia, Zimbabwe and inlra-community trade is minute, and Botswana depended on South Africa's ports. smuggling is rampant. Nigeria did give The South African Gulliver's infrastructure some aid to West African neighbours, but and capital also proved irresistible magnets this was little more than pocket money for for regional Lilliputians. The Republic's corrupt autocrats like Togo's Eyadema and neighbours tried to check South Africa's Benin's Kerekou in an era when potential hegemony by establishing the Southern aid donors included the US, the USSR and African Development Coordination I'Vance, as West vied with East for the Conference (SADCC). But despite their attention of African states. attempts at lessening dependence on Pretoria, many of the region's states still There remains a pervasive fear of Nigeria in traded covertly with, and depended on, West Africa, most recently evidenced by the South Africa (Friedman et al 1996). support of Cote d'lvoire and Burkina Faso South Africa for Charles Taylor's anti-Nigerian NPFL in Militarily, the notorious South African subdued its Liberia, and Senegal's withdrawal from Defence Force (SADF) ran riot in the neighbours both Fcomog in 1992 (West Africa, 22-28 August sub-region, bombing seven of its economically and l I9 >4). Despite the initial support of all neighbours, supporting Renamo rebels in militarily during Fcowas memoirs for the Nigeria dominated Mozambique and Unita in Angola, and its boastful era of Fcomog, sub-regional politics continues to occupying Namibia till 1989: all at an destabilisation hamper peacemaking efforts in Liberia. estimated cost of $100 million to the region. This amount represents the estimated direct Nigeria must also take part of the blame for costs - the figure for indirect, extended costs its suspect reputation in the sub-region: runs into billions of rands (Friedman et al Lagos did not endear itself to its neighbours 1996). But despite its strength, Pretoria was

INDICATOR SA Vol 13 No 3 Winter 1996 65 nauLieamfuniM utiLiiMitf Nigeria did make denied any leadership status by its near total Nigeria is now becoming the pariah and some progress diplomatic ostracism in the region. It South Africa the prophet. The contrast between the political and economic fortunes through its therefore also suffered from its own bout of hegemonic illusion. of the two giants could not be more stark. leadership of the While the military proliferates in West anti-apartheid African countries like Nigeria, Sierra Leone and Prophet and pariah and Gambia, South Africa provides a decolonisation Thus, while Nigeria struggled militarily and democratic model for its region. Pretoria h;iS struggles economically, failing especially to supported the spread of democracy in overcome the suspicions of its francophone neighbouring countries. Indeed, many of the neighbours, South Africa militarily and world's leading industrialised powers now economically dominated its region, not even recognise southern Africa as Africa's future pretending to seek a 'good neighbour' engine - instrumental in stemming the policy. In short, South Africa's economic continent's peripherilisation. Nigeria is now and military power was real but used its region's leading autocracy - South Africa destructively, while Nigeria's economic and its region's leading democracy. military power remained only potential and could not be used creatively. South Africans are embracing reconciliation - albeit grudgingly at times - while in Nigeria did make some progress through its Nigeria disintegration looms, with ghastly leadership of the anti-apartheid and consequences. South Africa has Mandela - decolonisation struggles. Lagos backed recognised worldwide as a beacon of hope liberation movements, and its contributions and revered by his own people. Nigeria has were recognised by invitations to meetings Abacha - an internationally unknown While the military of the Front Line States (FLS) of southern general with a domestic, and growing foreign, reputation for ruthlessness, who is proliferates in Africa; its permanent chairmanship of the United Nations' Special Committee Against largely despised by his own people. West African Apartheid; and its hosting of the UN Mandela's legitimacy is based on ballots, countries, South anti-apartheid conference in 1977. Abacha's on bullets. Africa provides a democratic While South Africa was denied a global model for its stage, Nigeria spoke loudest for African Human rights region concerns during the continent's 30 years war South Africa has just concluded an historic against colonialism and apartheid. (but troubled) agreement between organised labour and business in the form of the But that was then, and this is now. Africa's Labour Relations Act. Nigeria by contrast next 30 years war will be waged against has emasculated its own trade unions, poverty and in favour of political foisting hand picked stooges on them. As liberalisation. On both counts, South Africa South Africa's apartheid era press is is better positioned than Nigeria to become unshackled by the proposed Freedom of the continent's hegemon. Information Act, Nigeria's formerly impressive press freedoms are trampled by Should there be a permanent African seat on draconian decrees as newspapers are the UN Security Council, it is more likely to proscribed and journalist jailed. go to Pretoria, which has in Nelson Mandela a globally revered statesman, one of the Even as South Africa abolishes its death most representative political systems on the penalty, Nigeria ties armed robbers and drug continent, arguably its best army, and its traffickers to the stake and publicly executes largest economy. them. South Africa's parliament recently Mandela's adopted its permanent Constitution, legitimacy is Nigeria's Ambassador to the UN, Ibrahim including a Bill of Rights. Nigeria's based on ballots, Gambari, recognised the irony of this promised transition from autocratic to Abacha's on situation when he wrote, shortly after democratic rule seems both a journey bullets attending Mandela's inauguration last May: without end, and a bluff. "[We], who have championed the cause of the oppressed majority in South Economics Africa, with such great credibility and Economically, the difference between I he eventual success, now find ourselves in a two 'giants' is clear: South Africa is state of domestic despondency and Africa's largest economy, currently international scorn." enjoying its lowest inflation rate in 22 years

EElflfflaOTG KIHfljtrEG 66 INDICATOR SA Vol 13 No 3 Winter 1996 ,,t 9%. Per capita GDP is $2,940 - although defining their continental ambitions under Nigeria's per with glaring inequalities between races, the rubric of serious domestic backlogs and capita GDP of making it one of the most divided societies limited capacity to be the sub-continent's $690 is the size •„, the world - and a GDP of $120 billion, developer and provider. of Haiti's which is the same size as Norway's, and greater than that of Finland, Greece or South African politicians and diplomats Ireland - all European Union members emphasise the enormous domestic (Adebajo 1995). challenges confronting them in correcting past inequities. To critics, however, this Nigeria has a meager GDP of $66 billion sounds like a quick flight from and its erratic economic policies are in a responsibility. They maintain that South greater shambles due to uncertain political Africa will have to find the proper balance vicissitudes and political corruption that between domestic challenges and have helped amass a $37 billion foreign sub-continental responsibilities. debt. Yearly inflation runs at over 50%, and its per capita GDP of $690 is the size of Haiti's. Nigeria also has a mono-crop Similarities economy virtually entirely dependent on oil Some similarities do exist between the two revenues (West Africa, 27 November 1995). leviathans. Both are violent and crime-ridden. The Republic's murder rate is While South Africa has for years had a steel two and a half times worse than America's industry that feeds its arms manufacturers, and while South Africa has car-jacking, Nigeria's Ajaokuta steel complex, planned Nigeria has car-snatching. Rich classes, the since the early 1970s, has become a white so-called waBenzi in both societies elephant, with millions of dollars lost to increasingly barricade themselves behind South Africa is high walls, while the poor face the brunt of corruption. While Pepsi Cola, Hyatt, IBM, now not bullying Ford, Chase Manhattan, Citibank, Samsung, the crime onslaught. its neighbours, Nestle, Levi Strauss and MacDonalds are investing in South Africa, UAC and ICI are Just as Nigeria cracked down on illegal but is reluctant to divesting from Nigeria. immigrants during the late 1980s and early embrace them 1990s, so South Africa is experiencing South Africa's Eskom provides 50% of growing xenophobia against 'illegal aliens' Sub-Saharan Africa's energy needs and has from the north. The treatment of brought electricity to an estimated 250 000 immigrants by South Africa's new ruling more black South African homes in the last elite is in line with that of the former white year. Nigeria's inefficient NEPA, erratic at governments. The tendency is to the best of times, is derided with the criminalise foreign Africans flocking into acronym 'Never Expect Power Always'. the country.

Yet both South Africa and Nigeria are the Reluctant leader hubs of their regions. Both have a Nigeria is being left behind by South Africa, disproportionate share of their regions' politically and economically, in an age when wealth and population and are perceived as the continent needs strong and credible 'promised lands' in the surrounding states. leadership. The danger is that Nigeria could Migrant workers are attracted from those easily follow the path of Zaire: disjointed, quarters: Mozambicans and Zimbabweans almost ungovernable, and abandoned by the flock to South Africa - Ghanaians, Togolese rest of the world except for a few companies and Beninois remain in Nigeria even after interested in extracting its mineral wealth the end to the oil boom. (Adams 1995). Both South Africa But in many ways, Nigeria is moving closer and Nigeria are South Africa's problem is its unwillingness to the treacherous past of South Africa: its the hubs of their to lead - at best it is the reluctant redeemer. military Provisional Ruling Council regions, but Many of South Africa's neighbours believe threatens to transform itself into a Nigeria is moving the great role anticipated for a liberated Permanent Ruling Council. Its politician closer to SA's South Africa has been dashed. South Africa with the most popular legitimacy, Chief treacherous past is now not bullying its neighbours, but is Abiola, languishes in jail as did Mandela. reluctant to embrace them. Nigeria's military junta harasses and imprisons pro-democracy campaigners - hi articulating wariness of their destructive acts so common during the dog days of past, South African's have been coy in apartheid.

INDICATOR SA Vol 13 No 3 Winter 1996 67 LL.LU'fi.Lfcfi.VLL! Li LiliLlLVltLi: Some features of the Restitution of Land Rights Act But the Amangwe have lodged a counter- claim and no settlement can occur from any side until this claim is resolved. • The Restitution of Land Rights Act provides that any person or group is entitled to enforce restitution of a right in land if they were dispossessed of such right after 19 June 1913 and the Deciding whether a claim is 'historic' is also dispossession was 'effected under or for the purpose of furthering not a simple task. On much of the state land the object of a law' which would today be unconstitutional in Zululand for instance, people lost any because of being racially discriminatory. indigenous rights of ownership before 1913, • Where land rights were expropriated and it can be shown that but continued to live on the land undisturbed 'just and equitable' compensation was paid, then restitution will until it was alienated to white settlers in the not apply. 1920s or 1930s or - in the case of the state

• Restitution may take the form of restoration of the rights that were land around Lake St Lucia - until forestry or lost, or the provisions of alternative state owned land, or monetary conservation areas were proclaimed in the compensation, or 'alternative relief, for instance preferential 1950s and later. access to state housing.

• Where restitution is to take the form of land, the Minister of Land In the case of the Ntambanana farms near Affairs has to certify that it is 'feasible' to return or designate the Empangeni, state land transferred to private land in question in this way . white ownership only in the 1920s was • Where privately owned land is to be acquired for restitution subsequently reacquired in the 1970s to purposes, the current owner is entitled to 'just and equitable' consolidate the KwaZulu homeland. Part of compensation that is based not simply on the current market this land was then used for resettling people value of the land, but takes into account factors such as the forced to move when Reserve 6 and the history of its acquisition. Sabokwe portion of Reserve 4 on the coast • Section 34 of the Act provides that any level of government may were deproclaimed to make way for apply to the Land Claims Court to rule out restoration of land as a Richards Bay. settlement option in particular areas, on the grounds that this would not be in the public interest. If the application is upheld, the alternative forms of restitution would still apply. This land has now been claimed by neighbouring tribal authorities on the • People have until 30 April 1998 to lodge land claims under this Act grounds that historically - before the demarcation of the Zululand reserves in 1909 - it belonged to them. As evidence, are invariably entwined with conceptions of they refer to unidentified families who were traditional rights and assumptions about the evicted when the first settlers set up their powers of chiefs and tribal councils. farming operations in the 1920s and 1930s. Restitution is important in the These are not simply of historic interest but underpin current political tensions in the Conclusion search for a more province. Sometimes they compete with This is not a comprehensive account of all just and equitable claims to the same land by more recently the issues facing the Commission, but dispensation dispossessed people, such as evicted labour indicates the complexity of restitution and tenants or black landowners stripped of their its importance in the search for a more just hard won freehold rights in the 1960s and and equitable dispensation. Restitution is not 1970s. The latter are not inclined to concerned primarily with rural development, submerge those rights in a tribal claim today. nor with the needs of the landless. Rather it is about reversing some of the most Some tribal authorities are looking to the appalling injustices of the past, by restoring Restitution Act to increase the area currently or compensating for a defined range of under their jurisdiction by reasserting dispossessed land rights, in a way that is not nineteenth century boundaries. But these incompatible with development. boundaries were never static nor formally fixed, and may be no less contested by other It is too early to judge the success of the tribal groupings today than they were in the restitution programme, and in any case, the past. best measures of success need further discussion. The work of the Commission In the Estcourt area, the previous does nevertheless touch on some Commission on Land Allocation awarded a fundamental questions about the nature of large tract of state land to the AmaHlubi, justice and the direction both urban and rural based on their historic claim to that land. development should take. II-eCl

LtEELULTdli- ltti.li.ltli. li 50 INDICATOR SA Vol 13 No 3 Winter 1996

By Manuel Orozco Department of Government, University of Texas, Austin

Anti-immigration sentiment has increased since 1993 in the United States. The historical and political record of immigration and the sources of recent increases help in assessing this backlash and the Government's policies towards immigration. While certain immigration trends are related to foreign policy and racial identification, the global context is now important. State sovereignty and territoriality are being challenged by transnational experiences.

n mid-1993, at the time of California's unification to married couples and children economic recession and in the aftermath only. Under this legislation the annual Iof the Los Angeles riots, an admission of refugees would be reduced anti-immigrant sentiment emerged in from 100 000 to 50 000. California and in much of the United States. This intensified when California's What explains this anti-immigration Governor, Pete Wilson, claimed that backlash and the practices and policies of undocumented migrants represented a heavy restriction on immigration? To what extent burden to the state. The states of California, is the argument against immigrants valid Florida and Texas filed legal demands and what informs such argument? And, w hal against the Federal Government concerning does this experience mean in relation to the states' resources on undocumented recent events in the international context? migrants; border patrol activities such as Operation Hold the Line were increased; In order to understand current immigration and Proposition 187 was passed in issues in the United States (US) the California asking whether the state should historical and political record as well as the Proposition 187, still allow undocumented migrants to use sources of recent increases must be public services. passed in considered. While certain immigration trends are related to foreign policy and racial California, asked Since 1994 - a year of high identification, they do not exist in isolafn>n. whether the state anti-immigration sentiment - the backlash should still allow has continued. In Congress there have been The current situation needs to be explored in undocumented calls for a reduction of the annual number of the global context where the conventional migrants to use admissions of legal immigrants from principles of state sovereignty and public services 800 000 to 500 000 which would involve territoriality have been gradually challenged restricting migration through family by transnational experiences.

miPGMifv^G LtLOILM 52 INDICATOR SA Vol 13 No 3 Winter 1996 US immigration trends Figure 1: Immigration to the US by category in 1994

jn |994 over 700 000 immigrants arrived in the United States under the various nljuratory provisions. Family unification -

ilic main source of migration - represented Refugee/Asylum 15.93%

60','<5 of total migration. It is also believed Family 59.12% dial undocumented migration annually adds ;i( kast another 250 000 people. Most migration to the US comes from Asia and Diversity 5.01% Latin America, particularly from Mexico (figures 1 and 2).

•flic geographic and structural composition of immigration are recent phenomena dating Employment 15.43% from the 1965 Immigration Act which

introduced legislation in favour of family IRCA 4.31% unification and migration from non-European countries. In part, these measures were a response to the US' early migration policies that largely focused on - led to mass migrations into the United racial preferences - such as the National States. Many of today's Mexican migrants Origins legislation that denied access to in particular, are an outcome of the Mexico Asian migration. Before the 1960s, debt crisis of 1982 (Figure 3). migration to the United States was primarily European based. These factors explain the recent changes in The six million immigration, characterised by the arrival of legal immigrants In addition, emerging from the Second more than six million legal immigrants over World War as a world power, the United the past six years, almost double the number over the past six Slates' involvement in the international of immigrants from the early 1980s. The years are almost sphere further changed migration policy. main sources of this increased immigration double the The Cold War, for example, largely defined are: number of the source of immigration into the United immigrants from Slates. As people in countries like Cuba, • The multiplying effect that family Czechoslovakia, Hungary, and China began the early 1980s unification policies have produced. to suffer repression from the socialist regimes of the time, the US allowed mass • Legislation providing amnesty to migrations of people from these countries. undocumented migrants living in the United States before 1982 or 1986. Also, with the advent of Third World Three million undocumented migrants conflicts in the 1970s and 1980s, were legalised through Amnesty particularly in countries in which the United programs passed in 1986 (Figure 4). Slates was directly involved - Nicaragua, El Salvador, Afghanistan, Iran - US policy meant inviting people to migrate to the US which portrayed itself as the representative Figure 2: Immigration to the US by country of origin in 1994 of (lie free world, providing opportunities for all. Mexico 13.54% China 6.87%

The relative international economic decline Europa 20.20% llie United States suffered as a world power iilsn played a role. As diminishing Central America 5.05% - competitiveness affected the US economy, — Canada 1.62% (hose sectors unable to compete resorted to South America 6.06% — lev. skilled labour to maintain their earlier position in the world market. This in turn called for cheap foreign labour, legal or illegal. Finally, the economic crises that the Caribbean 13.13% countries of Latin America suffered - which often coincided with political turmoil like in Asia 30.51% I lie Central American region and Colombia Africa 3.03%

INDICATOR SA Vol 13 No 3 Winter 1996 53 tlliliL-aUdlLU \i KIKIDUEG • The number of legal immigrants is Figure 3: Immigration trend to the United States higher than ever.

• The high levels of undocumented immigration have negatively affected the national economy.

• The character of citizenship has been devalued.

A number of corrective policies have been proposed ranging from national identity cards to the complete closure of the soiitherr border. Are these accurate assessments of, and solutions for, the immigration problem? The validity of the three arguments above must be explored.

Increased legal migration Figure 4: Immigration to the United States, 1980 -1994 Critics raise four issues in this regard. First, the present number of immigrants is already Immigration to United States,1980-1994 2000000 extremely high. Second, the population growth rate of immigrants is higher and 1800000 faster than that of natives and is creating a 1600000 demographic concern about the country's

1400000 • present and future carrying capacity. Critics Immigration'"' ask whether the United States, after adding 1200000 • 60 million people over the past 25 years, can 1000000 • realistically accommodate another 60 million people over the next 25 years and 75 t million in the 30 years thereafter (Bouvicr 600000 and Martin 1994). 400000 1980 1932 1984 1986 1988 1990 1992 1994 1981 1983 1985 1987 1989 1991 1993 A second criticism relates to immigrants' ethnic composition. The increasing levels of immigration - now reaching 24 million foreign born, or 9% of total population • will change the ethnic composition of the • The effect of the ideological clash population. This will have negative against communism is reflected in an repercussions for policy design because, for American foreign policy that invites example, more than one language will be asylees from countries with whose spoken. governments the United States has conflicting relations. This explains the Third, influential labour economics experts Cuban, Eastern European and have argued that in the past 10 years the Nicaraguan migration in the 1980s. wage differential between immigrants and natives has increased. Immigrants' earnings • Undocumented migration, estimated at are 30% less than natives and their between 250 000 and 500 000 people schooling is lower than that of natives. As per year, has significantly increased the long as their skill distribution differs from number of people living in the United that of native workers, immigrants change States. This has raised not only the the shape of wage distribution (Borjas debate about the future of immigration 1995). In cities with large numbers of policy, but also an anti-immigration immigrants, the wages of natives are 2% backlash. lower than in cities with few immigrants.

In the past few years, immigration has been These arguments do not adequately explain considered a problem with critical current immigration. While demographic repercussions for the United States in at changes are taking place, these are not all least three ways: negative: there is a need to inject the ageing

IrEKl^GGMC'E LililLLVlili: 54 INDICATOR SA Vol 13 No 3 Winter 1996 Iji; society with young immigrants. 1992 an additional 55 000 immigrants a year As the US work According to the Census Bureau, in the have been added to the total numbers force grows 1990s there will be a 42% growth among allotted for. As legislated, diversity visas are older, immigrants those aged 85 and older - six times the rate more of a political move than a solution to can provide a f overall population growth. As the US fairness in immigration. From 1989 to 1993 0 pool of young work force grows older, immigrants (who this legislation has accounted for an increase arc mainly young) can provide a pool of of nearly five million immigrants (INS workers who young workers who would supply the 1994). would supply the ageing population. ageing population Thus, increased immigration has resulted The argument about the danger of changing from corrective measures aimed at the ethnic composition of the United States stabilising past undocumented workers, often reflects racial bias about the declining bringing in children born in Asian countries proportion of white Americans, rather than of American descent, attempting to diversify objective problems of a multi-ethnic society. the ethnic pattern of immigrants, and Arguably, the capacity of the US to absorb improving the country's competitive edge immigrants today has more to do with by bringing highly skilled labourers. economic class than race or ethnicity: poor standards of public schooling negatively affect all the poor-citizens and immigrants Undocumented migration -as education is key to assimilation and There is an assumption that undocumented upward mobility. people 'steal' jobs from other Americans or legal immigrants, yet little supporting Furthermore, while the widening inequality evidence has been found. between immigrant and native wages poses The numeric a major problem to the economy, experts Furthermore, important domestic forces rarely point to the root of the problem. might have attracted them in the first place. increase in legal Borjas (1995) for example, has found a One is related to the decline in American immigration strong relationship between the trade deficit international competitiveness as mentioned stems from new and the wage inequality. earlier. Employers' preferences for cheap immigration labour do not 'discriminate' between a measures taken As the United States has lost its competitive citizen and an illegal alien, but rather since 1986 edge in certain industries, imports have between workers who accept less payment. overtaken domestic production. This suggests that it is not the immigrant that Another fundamental cause of lowers the wages but rather the industry's undocumented migration relates to the sheer search for cheaper, labour intensive influence of American intervention abroad - measures in an attempt to cope with political, cultural and economic. Sassen international competition. (1992) has argued that capital mobility and foreign economic intervention have fuelled Regarding the numeric increase in labour mobility. immigration, it is true that legal immigration has grown in the past 15 years (Figure 4). Linkages between the United States and But the increase stems not only from the other countries have served as bridges for traditional sources of immigration - family migration. In terms of cultural and political rcuniI ication and refugee and asylum policy influence, US foreign policy has had a - but rather from new immigration measures demonstration effect on sending countries taken since 1986: Registry, Amnesty, and whose population see America as the land of Special Agricultural Workers are different freedom and opportunity. Yet, this linkage forms of legalising undocumented migrants. has not been coordinated with immigration Another Hie Diversity visa also known as the lottery policy (Teittelbaum and Weiner 1995) and fundamental visa, likewise provides for people from undocumented immigration has continued cause of adversely affected countries like Mexico. partly due to the lack of coordination. undocumented Mom of this legislation has had a temporary migration relates father than a permanent effect on the regular Devaluation of citizenship to the sheer immigration flow - amnesties decreased Schuck (1989) has argued that the expansion influence of alter 1992 and Registry has declined too - of rights to legal aliens has reduced the American s "ice the pool of people to receive legality is value of citizenship as legal aliens' intervention 'caching its end. The legislation on diversity incentives to naturalise have diminished. abroad Vl:s as presents a more serious problem. Since Schuck observes that a large number of

'NDICATOR SA Vol 13 No 3 Winter 1996 55 HIIIP£GM*CE LililiLl'liL- Undocumented Table 1: Median years of residence by year of naturalisation immigration has and region of birth 1960-91 continued partly REGION OF BIRTH 1991 1985 1980 1975 due to the lack of 1970 1965 coordination between foreign NATURALISED 8 8 8 7 8 7 EUROPE 9 9 10 8 and immigration 9 7 ASIA 7 7 7 6 6 policies 6 AFRICA 7 7 7 6 6 6 OCEANIA 9 8 8 7 9 Q NORTH AMERICA* 12 13 11 9 7 9 SOUTH AMERICA 9 8 9 10 7 7

*The majority for North America are Mexicans.

Source: Statistical Yearbook of INS, 1992.

aliens who are eligible to obtain citizenship The immigration debate fail to do so, and if they apply for naturalisation they wait until well after they The criticisms of immigration do not become eligible. This claim raises two correspond to the realities of immigration. problems. The discourse seems rather to be iufnrmed by at least four forces: race and class, policy That only 10% of On the one hand, there is inadequate and politics. immigrants research explaining why naturalisation rates naturalise every are so low, and why the right to vote is • Race year may be due (presumably) not a sufficient incentive to to structural naturalise. That only 10% of immigrants The United States, despite being a constraints naturalise every year may also be due to democracy and a nation of immigrants, has a structural constraints which keep them deeply rooted racist tradition. Slavery, isolated from the polity at large, thus finding racism against lews, Irish and Mexicans, the little incentive to naturalise. expulsion of Asians and segregation of blacks have a long tradition in the country. On the other hand, Shuck's criticism of the With such a history, the signification delay in naturalisation is overstated. attached to groups regarded as 'outsiders' or Immigrants have taken on average between foreign is contingent on the almost seven and eight years to naturalise (Table 1). hierarchic racialisation that has existed Except for Mexicans, immigrants have among the dominant groups in the country. chosen to become citizens two to three years after becoming eligible. This raises the Thus, the treatment of immigrants a^ question about the specificity of Mexican 'outsiders', which is worse for blacks. naturalisation. Because Mexicans have Latins, Asians and other non-white constituted about 40% of immigrants in the minorities, is a result of the racial past 20 years, their delayed decision to identification that has given positive weight naturalise has affected the overall rate and to 'whiteness'. Becoming an 'insider' occurs number of naturalisation. as a function of their assimilation into the white world. The treatment of The number of years taken to naturalise is also not new. Table 1 shows that since 1965 immigrants as Even when migrants are finally admitted, naturalisation has taken the same number of the reticence to fully incorporate them is 'outsiders' is years. Thus, what Schuck sees as a problem reflected through racial discrimination and worse for blacks, has been a normal pattern, suggesting that social marginalisation. At the same lime, the Latins, Asians naturalisation results from long reasoned effects of marginalisation reinforce and other decision making: citizenship is acquired anti-immigration sentiment. non-white once an immigrant feels emotionally minorities prepared to assume allegiance to the new Incorporating ethnic groups and minorities polity. It is thus not clear whether also threatens the dominant white groups citizenship has been devalued, or whether who associate this with a decline in their immigrants choose not to naturalise without hegemonic control on society. On the one lengthy consideration. hand, critics argue that most Third World

Ltlilil^ll(xt lUU IXELiltEG 56 INDICATOR SA Vol 13 No 3 Winter 1996 • imiiirants bring a political culture affected Alexander has called for the elimination of Immigrants work L. authoritarian practices which could any social service to undocumented in some of the iii'lerinine the American system's migrants and for a new branch of the army lowest paid to patrol the border. Buchanan supports democratic character. positions reducing migration every five years in order because On tli>-' other, critics maintain that the to maintain an annual quota of 200 000 ^uniry's current ethnopolitical composition migrants, in which only close relatives can consumers will be upset by immigrants, altering the migrate. He has also called for English to be demand low balance of power that whites have retained. the official language, as well as the creation prices based on Immigrants also bring criminal tendencies of a 70 mile wall along the Mexican border low wages into the country, especially terrorism and (Associated Press, 17 February 1996). narcotraffic. Anti-immigration sentiment has also been partly shaped by sectors within the • Class Immigration and Naturalisation Service As immigrants are incorporated into the (INS) who have not managed the policy. labour market, they are located within the Overwhelmed by the increase in confines of low skilled, low wage labour. immigration, INS officials have called for a Incorporation is transitory - there is an strengthening of their enforcement side, assumption about their limited stay in the without acknowledging the policy country (Blanco 1995). contradictions between for example, foreign and immigration policy. Third World migrants are no longer members of the industrial labour reserve While the State Department has practised a market, they are now active members of foreign policy that offers an invitation to Immigration is of certain manufacturing and service sectors, migration, the INS struggles to reduce the major relevance number of immigrants and to deal with the liven US nationals who are uncomfortable in US politics about immigrants admit that in the service backlog of applications. industry there are immigrants (legal or illegal) working some of the lowest paid positions because consumers demand low International trends prices based on low wages. The elements which explain anti-immigration discourse in the US are One ol the most common cases of migrant common threads from a larger phenomenon labour exploitation occurs among women - of international dimensions. In most parts of such as those from Mexico or Central the world immigration is an everyday America - in the domestic work industry. experience which is part of a world event. These women have been employed for $2 an hour for 15 hours a day, with no More than 125 million people live outside compensation or social benefits of any kind. their country of origin and 35 million people migrate every year (Kane 1995). This new Immigrants consequently have limited experience is one of an intermestic world, in possibilities to improve their position, but which social processes challenge the •ire simultaneously accused of causing the conventional borders that divide the external economic and social problems in the country. from the internal. This reconstitution of territorial boundaries has challenged the political parameters of state sovereignty. ^J Politics and policy Immigration is of major relevance in US Culture, politics and economics for politics, used by politicians either to pursue example, are no longer circumscribed into More than 125 or gain votes, or to advance their the framework of the state. million people neo-cunservative agenda by inciting live outside their ••mi-immigration feelings. On the one hand, in practice the state is no country of origin longer the main monopoliser of power to and 35 million politicians such as Pete Wilson, the produce political identities, such as those of people migrate Governor of California, Pat Buchanan and citizenship and nationality. On the other, l-aniar Alexander, a Republican from Texas, even though the state is sovereign and has every year !1;i\e outlined radical agendas to control the formal right to trace territorial "niuit1 ration. They appeal to the public boundaries, it is often seen as an obstacle to iilleeted' by immigrants' apparent use and the development of new emerging political •ibusc of social services. identities producing their own boundaries.

INDICATOR SA Vol 13 No 3 Winter 1996 57 EEKPGEfiMC G KEIIIMItB Transnational The state is not disappearing - instead a new World people also mobilise, although by communities conflict is emerging within the state in foot or canoe, from one part of the world t0 establish their which other intermestic groups redefine the other, establishing alternative points of identity and their nature and produce new international residence. It is in this context of an relations. The rise of transnational intermestic nomadic world that the United power communities, of which ethnic groups are States is faced with the problem of independently of one type, shows how the state and immigration. The American polity is being the state's international relations have become reconfigured by those forces within a territorial redefined. multicultural and multi-ethnic realm. LL-t'fi.- boundaries Transnational communities establish their identity and power in different points of the globe, independently of the state's territorial boundaries. An important characteristic of transnational communities is that their REFERENCES power resources, such as mobilisation, are Atali J (1991) Millennium: winners and losers in the cominn world order. New York: Random House. ,y different to that of the state. In many cases Borjas GJ (1995) 'The internationalization of the US I these communities derive their stock from market and the wage structure', Federal Reserve Bank of New York Economic Policy Review, 1(1) January their mobilisation, number, and perceived 1995(b). y idea of imaginary communities. Borjas GJ (1917) 'Know the flow (economics of immigration)', National Review, 47(7). Bouvier LF and JL Martin(1994) Shaping Texas: the efforts Another phenomenon which has influenced of immigration—1970-2020. Washington: Center for migratory societies in particular is Immigration Studies. Center for Immigration Studies (1994) Backgrounder. 'nomadism': an international social identity Washington: Center for Immigration Studies. which has clashed with 'settled' societies. Another Durand J and DS Massey (1992) 'Mexican MigraVon to the Enzensberger (1993) argues that the conflict United States', Latin American Research Reviev/, 27(2). phenomenon between nomadic and settled tribes is as old Enzensberger HM (1993) Civil Wars: from L.A. to Bosnia which has New York: The New Press. as Cain and Abel's times and that settlement Kane H (1995) The Hour of Departure: Forces that Cioatc influenced is an exception in social development. Refugees and Migrants. Washington: World Watch Institute. migratory Whether this is true or not, nomadism INS (1994) Statistical Yearbook of the Immigration and societies in represents a historical moment for the 21 st Naturalization Service. Washington: US Government century. Printing Office. particular is Sassen S (1992) 'Why migration?', Report on the Amcricas 'nomadism' 26(1). As Atali (1991) mentions, men and women Schuck PH 'Membership in the liberal polity: the dovalunlion of American citizenship', Immigration and the politics of of the North mobilise by plane, with cellular Citizenship in Europe and North America. William Rogers telephones and portable computers. Third Brubacker. New York: University Press of America.

EliCCl^BfiCTCE LiliULVLli 58 INDICATOR SA Vol 13 No 3 Winter 1936 u u uropean Union Lessons For Southern Africa

By Meshack M Khosa Centre for African Research and Transformation University of Natal Education and Innovation Foundation

South Africa is committed to regional economic integration, but the evangelical acceptance of economic liberalisation may exacerbate poverty, degradation of the environment and lead to a growing security crisis in the region. In critically assessing the European Union and drawing lessons for Southern Africa, this article argues that South Africa should help create conditions that will accelerate less polarised economic development and a more democratic political environment throughout the region.

n 1 January 1993 interior market and ethnic hierarchy, and internationally - barriers to the free flow of rejecting the fortress Europe. The focus Dproduction factors within the should be on problems which go beyond European Community were officially national and international boundaries such eliminated. The European Union is often as global competition, destruction of the cited as a 'successful example of regional natural environment, increasing integration'. Lessons can be drawn for unemployment and new health hazards such Southern Africa, whose countries are former as AIDS. colonies of European Union member states. On paper, the European Union has some The European Community also played an innovative policies, but government's important role in supporting countries in concern with some of these important issues Southern Africa during apartheid through is at best fragile and at worst cynical funding but also through European lip-service (de Beus 1994). expatriates and advice. Authors such as de Beus (1995) and While there is some consensus in terms of Marquand (1995) suggest that the its objectives, the integration of the institutional structure of the European Union European Community has been conflictive is at risk. This risk is associated with and contradictory, and is not a risk free increasing unemployment, diverging model to be copied elsewhere. It has been economic performance, regional argued that the European Union must mean inequalities, the rise of right-wing more than the free flow of capital and labour xenophobia, racism and scape-goating. •'cross Europe, and include European Political parties, interest groups, mass media The contradiction between market based iiml a European public opinion. Moreover, unequal development and the absence of a •he European Union should be about 'the distributive function at the European level is protection and promotion of a transnational another contradiction of the Union. The integration of j^'l society and its common standard of Although economic integration may trigger the European living' (deBeus 1995: 231). general economic growth in some areas, it may also imply that some states will lose Community has f'or de Bcus (1995), the ideal is an open their competitive edge and lag behind others been conflictive s «ciety nationally - rejecting class society (Curbelo and Alburquerque 1993). and contradictory

INDICATOR SA Vol 13 No 3 Winter 1996 59 ElIK^EfiUfliE KEUJIMIE Poor countries Lessons from Europe • Agreement to trade without from iers are likely to be does not necessarily develop a sense of losers as a result The fate of the nation state has been belonging which emerges from national of rapid monetary particularly important to the debate about boundaries (Mackay 1993). integration and European integration. On the one hand, there are those who see integration as the The reality of European life is of attempts high regulatory 'withering away of the state', and on the by some member countries to 'sneak standards other, those who envisage nation states as competitive advantages' in an increasingly entities central to the integration process cut throat world economy. This may lie" (Rosamond 1995). For federalists, the accompanied by growing parochial ami ultimate end to European integration would chauvinistic drum-beating and deepening be a constitutional settlement in which national rivalries (Marquand 1995). founding nation states operate within a legal framework which delegates some powers For example, Britain's social chapter opt-out upwards to a supranational entity. is seen as a classic example of free rider politics, as Britain has been allowed to As with federalists, functionalists begin with escape her share of the social costs of the the idea that international conflict can be single market. As a result, the process of resolved through positive cooperation. social dumping which the social charter was Dominant models take for granted particular designed to stop, is likely to continue premises about how politics is shaped and (Marquand 1995). governed. Rosamond (1995) criticises the circularity which characterises much of this Although the end of communism in Eastern theorising of regional integration. Although Europe was welcomed by the west, most of The reality of states may play an important role in the Eastern Europe is likely to remain outside European life is integration process, it is important to the new European Union. Consequently, an of attempts by consider the role of informal interaction impoverished hinterland will emerge, which develops without deliberate political separated by the new kind of Berlin wall: a some member decisions, following instead the dynamics of wall of 'patronising indifference' countries to markets, technology, and communications (Marquand 1995). 'sneak networks. competitive Marquand has identified four contradictions advantages' A number of lessons can be drawn from the at the heart of the European Union. First, a European experience of regional paradox of identity. What is meant by cooperation and economic integration: 'Europe'? Where are its boundaries? What are the essential features of a European • Poor countries are likely to be losers as identity? The founding fathers never defined a result of rapid monetary integration what they meant by 'Europe' and over the and the introduction of high regulatory years 'Europe' was expanded. standards, such as for pollution and social protection of workers (de Beus The second paradox centres on territory. At 1995). the heart lies a coincidence between economic convergence in the core of the • Monetary integration and harmonisation economy, and divergence in the periphery. of regulation are impossible without Evidence suggests that polarisation within central redistribution from the rich to the the European Union has increased poor member states, either to somewhat. As capitalism is centripetal, the compensate for loss of competitive edge free market rewards those regions which are or to build up new competitive well endowed for the marketplace, and It has been advantages (deBeus 1995). punishes those who are badly endowed -• argued that the endowment includes geographical location. European • Solidarity on some issues may not Community's necessarily extend across national Elsewhere, John Whitelegg (1993) has commitment to boundaries and this may cause some argued that the European Community's economic growth friction within the union. commitment to economic growth is the primary source of environmental is the primary • There are a number of differences degradation. Moreover, the European source of between national economies within the Community's economic and spatial logic environmental European Community which may underpinned by strong notions of degradation impede integration if governments do deregulation and liberalisation has ensured not perceive obvious advantages. that sustainability cannot be achieved.

laacu-ugim'u'uj ccwomus 60 INDICATOR SA Vol 13 No 3 Winter 1996 The third paradox is that of Regional destabilisation The persisting sllpi;11iationaIism. Marquand (1995) argues notion of ilial supporters of the European Union In Southern Africa, the destabilisation of the sovereignty is transport corridors and other communication customarily proclaim that the aim is to increasingly at routes by military acts and economic irilnscend the nation state or national measures caused serious difficulties both for odds with the sovereignty. However, the founding fathers the transit countries and for the countries in reality of the ol'liie European Union wished to transcend the interior. Apart from the loss of life and global, economic nation states in certain crucial areas of the devastation caused by war, there were and cultural policy only. persistent interruptions to the circulation of exchange Ration states remain sovereign and are still goods, and stoppages of production the most important focus for political loyalty activities during the era of destabilisation. and activity. Nevertheless, the persisting notion of sovereignty is increasingly at odds In order to perpetuate economic dependency with the reality of the global, economic and and political compliance, apartheid South cultural exchange (Rosamond 1995). Africa adopted a strategy of destabilisation as her regional policy. Whereas the The fourth paradox is that so long as there is countries of Southern African Development no political authority to ensure territorial Coordinating Conference (SADCC) made justice to overcome the centripetal efforts to develop their own transport tendencies inherent in a capitalist free systems and to increase their independence market economy, the periphery will be from external factors, South Africa did all in unable to sustain the monetary union which its power to maintain its dependence on will he incomplete. Marquand (1995: 228) other southern African countries. It is argues that there is a contradiction between estimated that the destabilisation policy There is a caused SADCC countries around $60 billion the monetary ambitions of the Union and its contradiction territorial divergence. The resolution can (Valigy and Dora 1992). between the only come about through political institutions, something which the Economic Through its own military actions, and monetary Union did not adequately resolve: through its support for Unita in Angola and ambitions of the Renamo in Mozambique, South Africa European Union "Maastricht was rooted in technocratic waged war against the corridors and other and its territorial cconomism of the Community's salad transport infrastructures that were vital to divergence days. It was based on assumption that a the countries of the region. Sabotaging the single market would lead ineluctably to transit trade through the corridors was monetary union, and a monetary union accompanied by loss of confidence by the to a political union. There was no need carriers, who then diverted their cargoes to to mobilise concert for the eventual the railways and roads of South Africa political union; it would emerge, of its (Valigy and Dora 1992). own accord, from the bosom of history. Hv the same token, there was no need to The policy of destabilisation resulted in examine the political obstacles to considerable displacement of cargo flows. monetary union or to try patiently to For example, between 1979 and 1988 in overcome them. Monetary union was a Mozambique, the amount of cargo handled technical matter, to be achieved by dropped from 6 million to 2,7 million technical means." tonnes, while in Angola transit traffic came to a complete halt (Saasa 1994). In 1988, the A number of valuable lessons can be drawn land locked countries of SADCC h'oin the European Community. For transported about 50% of their maritime economic integration to succeed in Southern foreign trade (by tonnage) through South It is estimated Alrica, there is a need to espouse African ports. South Africa's destabilisation that the apartheid trans-boundary civil society, and allow policy also led other countries to a similar destabilisation democratic participation by non-state actors situation. policy caused -Mich as women, environmental groups and SADCC countries trade unions - in regional policy formulation In 1988 Malawi was obliged to spend 43% around $60 billion through new institutional arrangements of of her export earnings to transport foreign v ?» ei nance. As trans-boundary programmes trade cargoes on the lengthy route to the ; >re developed, the centrality of meeting South African ports. In the process, South 1; ' isic needs, protecting the environment and Africa viewed the Southern African transit promotion of the cultural diversity should corridors in two ways: on the one hand, as a remain intact. locus of destabilisation and economic and

'NDICATOR SA Vol 13 No 3 Winter 1996 61 earci^^sffccis keimio The model of political pressure, and on the other, as an facilitate economic integration particularly free market opportunity to play 'big brother' (Valigy in respect of SADC, South African Customs integration is not and Dora 1992). Union (SACU) and the Common Market of ideal for the Eastern and Southern Africa (COMESA). Third, there is a need to adopt a multi-speed SADC Valigy and Dora (1992) note that South Africa's regional policy was in harmony approach that allows a group of countries to with the intentions of a handful of large move faster than others in the scale transport companies who operate in implementation of economic integration most of the region's transport corridors, and (African Development Bank 1993). in maritime transport. Their corporations and firms possess ships, land transport and The multi-speed approach has received maintenance resources, their own support from President Mandela as one containers, and a vast network of highly which takes into consideration 'the experienced agencies and representations. complexity of the situation' in Southern Moreover they control much of the transit Africa: traffic in Southern Africa. "If we move with undue speed towards the noble ideals of full integration and New security regime trade liberalisation, negative migration The 12 member states of the Southern trends in capital, skills and labour might African Development Community (SADC) well set in. We would wish to see have for the past 10 years been undergoing balanced and equitable development far reaching socio-economic and political throughout the region, to the mutual transformation. Countries which in the wake benefit of all its people" (Mandela 199*v A multi-speed of independence had opted for 2). approach allows Marxist-Leninist inspired economic models a group of have today turned towards economic Implicit in this argument is the realisation liberalisation and are implementing countries to that South Africa is attracting an increasing structural adjustment programmes. number of migrants from Southern Africa in move faster than search of better employment opportunities. others in the In parallel with this economic liberalisation, Moreover, the democratic South Africa has implementation the region is also witnessing major political a priority also to improve the well being of of economic reforms. In the 1960s, Botswana was the her citizens through the Reconstruction and integration democratic exemption in Southern Africa. Development Programme (RDP) in order to Today it is only in Angola and Swaziland eliminate current poverty, wage imbalances that fully fledged multiparty systems do not and the provision of bulk services. exist. The most important milestone in this wave of democratisation is undoubtedly the South Africa has, since April 1994, declared ending of apartheid in South Africa. her commitment to economic integration. As Mandela affirmed at the Summit meeting of Given the economic superiority of South the SADC Heads of State: 'South Africa Africa in the region, the model of free supports the goal of full economic market integration is not ideal for the integration of the SADC region' (Mandela SADC, as this would lead to unequal and 1995: 2). This theme has been echoed on unsustainable development, with a strong numerous occasions: tendency towards polarisation. Previous attempts at regional collaboration and "Our vision extends to Africa as a economic integration have been poor and whole. A prosperous SADC region and the overall performance unimpressive. strong region-to-region economic South Africa has, Conflicts between member states or vague linkages will give life to the vision, since April 1994, economic benefits of members through the captured in the Abuja Declaration, of a declared her economic process have contributed to this. united and integrated African commitment to continent." (President Nelson Mandela, economic A more appropriate approach would be an Second Afro-Arab Trade Fair, Sapa. 9 integration integrated, coordinated and sustainable October 1995) development model. A number of key features are central to this approach. First, However, the hard question of what kind ol sector cooperation, coordination and sustainable development path is to be harmonisation can proceed in one sector as followed cannot be avoided by SADC fast as circumstances allow. Second, the forever. The evangelical acceptance of importance of institutional rationalisation to economic liberalisation through

0IMGGOTE LCQILVIIB 62 INDICATOR SA Vol 13 No 3 Winter 1996 deregulation, privatisation, Political Sciences, and especially Dr Jack Shepherd for So far most comments on the earlier version of this paper. commercialisation and deregulation in some meetings of slates in Southern Africa - Zambia and SADC have been jvlozambique are two examples - may REFERENCES more symbolic exacerbate poverty, degradation of the Curbelo J L and Alburqueraue F (1995) 'The tagging and less environment and lead to a growing security regions of the EU in the lace of Economic Monetary Union', Journal of European Planning Studies, 1 (3), visionary, leaving crisis in the region. 275-297. de Beus J (1995) 'Comment: European constitutional the nuts and patriotism', in D Maliband (ed), Reinventing the Left, There is a need for countries in Southern Polity Press, Cambridge. bolts to member Africa to convene a summit to spell out the Mandela N (1995) Welcome and opening address by the states President Nelson Mandela, Summit meeting of SADC economic and political vision for the region. Heads of State and Government, Kempton Park, 28 So far most meetings of SADC have been August 1995. more symbolic and less visionary, leaving Marquand D (1995) 'Reinventing federalism: Europe and the left', in D Maliband (ed), Reinventing the Left, Polity die nuts and bolts to member states to Press, Cambridge. develop their own macro-economic policies. Mackay RR (1993) 'A Europe of the regions, a role for It would be in the interest of South Africa to non-market forces', Regional Studies, 27(5), 419-431. Rosamond B (1995) 'Mapping the European conditions: the help create the conditions that will theory of integration and the integration of theory', European Journal of International Relations, 1 (3), accelerate less polarised economic 391-408. development and a more democratic Saasa OWS (1994) 'The effectiveness of dependability of political environment throughout the region. Southern Africa's ports and trade routes', in M Venter (ed) Prospects for Progress: Critical Issues for Southern Africa. Longman: Cape Town. South African Press Association (Sapa), Daily News Archives. Valigny I and Dora H (1992) 'The creation of SADCC and Acknowledgment the problem of transport', in S Viera, GM Martin and I This paper was written when I was on a Research Wallerstein (eds) How Fast the Wind: Southern Africa Fellowship at Cambridge University, Wolfson College in 1975-2000. Africa World Press: New Jersey. 1995. Thanks are extended to the Global Security Whitelegg J (1993) Transport for a Sustainable Future: the Fellows Initiative (GSFI) staff, Faculty of Social and Case for Europe, John Wiley and Sons, New York.

INDICATOR SA Vol 13 No 3 Winter 1996 63 EEKL^EME LiEIiLVEIi Trading Places

Nigeria Afrjca

by Adekeye Adebajo, St Anthony's College, Oxford and Chris Lands berg, Centre for Policy Studies

Since the 1960s when apartheid South Africa was marginalised in Africa and beyond, Nigeria was the undisputed 'hegemon' of Africa. But these roles have now been reversed. In future, Africa will be waging a war against poverty and in favour of political liberalisation. On both counts, South Africa is better positioned than Nigeria to lead the continent.

he notion of African marginalisation post-Cold War era, the tide is turning. is no academic exercise - it is real. Archbishop Desmond Tutu recently likened TAfrica is therefore in desperate need talking to General Sani Abacha to a of continental leadership. Nigeria and South conversation with the old white rulers of the Africa it seems, are trading places in an apartheid establishment. Yesterday's pariah undeclared contest for leadership in Africa. has become the new prophet; and Nigeria's highly regarded permanent yesterday's prophet - today's pariah. ambassador to the United Nations, Ibrahim Gambari (1994) remarked: Nigeria "...the gloiy of the new South Africa The stage for Nigeria's position was already contrasts sharply with the present state set in 1960. The annus mirabilis of African of my own country, Nigeria. The most independence in 1960 saw the birth of populous black nation of such proud Nigeria amidst great hopes for a political people, Nigeria, is now in a state of and economic leader. In the same year, decay if not despair. " South Africa, the 'giant' on the other side of the Limpopo river, was compelled to engage Gambari believes that Nigeria, by acts of in forced self expulsion from the omission or commission, is about to be Commonwealth. In the three decades that overtaken in the leadership role in Africa, a followed, both 'leviathans' failed to achieve role which their 'human resources and their leadership aspirations in their destiny' enabled them to play in the past and respective sub-regions for very different perhaps in the future. The challenger is reasons. Nigeria and South Africa. South Africa are For Nigeria, its West African sphere of trading places in For much of the post-1960 era, when South influence was littered with francophone Africa's ruling elite was preoccupied with states who looked to France for protection an undeclared apartheid, Nigeria was masquerading as the against the potential neighbourhood bully. contest for undisputed 'hegemon' of Africa. The glue France intervened in the region with leadership in that secured Nigeria's leadership - apartheid reckless abandon, landing gendarmes in Africa - has come unstuck. In this post-apartheid, Gabon, Mauritania and Chad, and

GEttPCGGlJCCE LitlEIMIG 64 INDICATOR SA Vol 13 No 3 Winter 1996 effortlessly shuffling regimes around. A by expelling millions of Ecowas citizens - There remains a French Foreign Minister, Louis de termed 'illegal aliens' - in 1983 and 1985. pervasive fear of Guiringaud, once arrogantly remarked that, Despite the claims of boastful jingoists, Nigeria in West Nigeria's leadership aspirations in the •Africa is the only continent where we can Africa still, with 500 men, change the course of sub-region were in fact rendered a history' (quoted in Adebajo, 11 September hegemonic illusion by the presence of 1995). France.

Paris kept bases in Senegal, Cote d'lvoire South Africa and Gabon, and President de Gaulle even supplied arms to - and nearly approved South Africa in contrast, was able diplomatic recognition of - the Biafran effortlessly to subdue its neighbours both secessionists during Nigeria's civil war of economically and militarily during its 1967-1970. Francophone Gabon and Cote boastful era of destabilisation. Pretoria even d'lvoire also recognised Biafra in an attempt threatened its weak neighbours with the to weaken the Nigerian colossus. atomic bomb (Landsberg and Masiza 1995). It used a flourishing arms industry, some Nigeria's attempts at greater political world class manufacturers and the tenth influence in the sub-region through largest stock exchange in the world to assert economic means were also frustrated by the its hegemony in its theater of operation. French. In an effort to dilute Nigeria's economic strength in the Economic The economies of neighbouring countries Community of West African States were so dependent on South Africa that (Ecowas), French President Georges cheap labour from Swaziland, Lesotho and Pompidou encouraged the francophone Mozambique flooded to South African Nigeria's states to create a 'community within a mines. Pretoria dominated the Southern leadership community' in the form of the six member African Customs Union involving aspirations in the Comiminaute Econominique de I'Afriqite de Botswana, Lesotho and Swaziland - I'ouest. This continues to exist within Namibia recently joined - establishing the sub-region were Ecowas, and Paris tied the currencies of the free flow of goods and common external rendered a francophone states to its own French franc tariff that would benefit the white ruled hegemonic (Adebajo 1995). Republic (Friedman et al 1996). This illusion by the prospect had eluded Ecowas. presence of In its two decades of existence, Ecowas has France not come close to its goals of establishing a South Africa's exports to the region were common market and a common external eight times more than regional imports and tariff. Most trade is still tied to the West, land locked Zambia, Zimbabwe and intra-community trade is minute, and Botswana depended on South Africa's ports. smuggling is rampant. Nigeria did give The South African Gulliver's infrastructure some aid to West African neighbours, but and capital also proved irresistible magnets this was little more than pocket money for for regional Lilliputians. The Republic's corrupt autocrats like Togo's Eyadema and neighbours tried to check South Africa's Benin's Kerekou in an era when potential hegemony by establishing the Southern aid donors included the US, the USSR and African Development Coordination I 'Vance, as West vied with East for the Conference (SADCC). But despite their attention of African states. attempts at lessening dependence on Pretoria, many of the region's states still There remains a pervasive fear of Nigeria in traded covertly with, and depended on, West Africa, most recently evidenced by the South Africa (Friedman et al 1996). support of Cote d'lvoire and Burkina Faso South Africa for Charles Taylor's anti-Nigerian NPFL in Militarily, the notorious South African subdued its Liberia, and Senegal's withdrawal from Defence Force (SADF) ran riot in the neighbours both Ecomog in 1992 (West Africa, 22-28 August sub-region, bombing seven of its economically and 1994). Despite the initial support of all neighbours, supporting Renamo rebels in militarily during Hcowas memoirs for the Nigeria dominated Mozambique and Unita in Angola, and its boastful era of Ecomog, sub-regional politics continues to occupying Namibia till 1989: all at an destabilisation hamper peacemaking efforts in Liberia. estimated cost of $100 million to the region. This amount represents the estimated direct Nigeria must also take part of the blame for costs - the figure for indirect, extended costs its suspect reputation in the sub-region: runs into billions of rands (Friedman et al Eagos did not endear itself to its neighbours 1996). But despite its strength, Pretoria was

INDICATOR SA Vol 13 No 3 Winter 1996 65 Elim^fiMML'M LiliLLLVLLi; Nigeria did make denied any leadership status by its near total Nigeria is now becoming the pariah and some progress diplomatic ostracism in the region. It South Africa the prophet. The contrast between the political and economic fortunes through its therefore also suffered from its own bout of hegemonic illusion. of the two giants could not be more stark. leadership of the While the military proliferates in West anti-apartheid African countries like Nigeria, Sierra Leone and Prophet and pariah and Gambia, South Africa provides a decolonisation Thus, while Nigeria struggled militarily and democratic model for its region. Pretoria has struggles economically, failing especially to supported the spread of democracy in overcome the suspicions of its francophone neighbouring countries. Indeed, many of" the neighbours, South Africa militarily and world's leading industrialised powers now economically dominated its region, not even recognise southern Africa as Africa's future pretending to seek a 'good neighbour' engine - instrumental in stemming the policy. In short, South Africa's economic continent's peripherilisation. Nigeria is now and military power was real but used its region's leading autocracy - South Africa destructively, while Nigeria's economic and its region's leading democracy. military power remained only potential and could not be used creatively. South Africans are embracing reconciliation - albeit grudgingly at times - while in Nigeria did make some progress through its Nigeria disintegration looms, with ghastly leadership of the anti-apartheid and consequences. South Africa has Mandela - decolonisation struggles. Lagos backed recognised worldwide as a beacon of hope liberation movements, and its contributions and revered by his own people. Nigeria has were recognised by invitations to meetings Abacha - an internationally unknown While the military of the Front Line States (FLS) of southern general with a domestic, and growing foreign, reputation for ruthlessness, who is proliferates in Africa; its permanent chairmanship of the United Nations' Special Committee Against largely despised by his own people. West African Apartheid; and its hosting of the UN Mandela's legitimacy is based on ballots, countries, South anti-apartheid conference in 1977. Abacha's on bullets. Africa provides a democratic While South Africa was denied a global model for its stage, Nigeria spoke loudest for African Human rights region concerns during the continent's 30 years war South Africa has just concluded an historic against colonialism and apartheid. (but troubled) agreement between organised labour and business in the form of the But that was then, and this is now. Africa's Labour Relations Act. Nigeria by contrast next 30 years war will be waged against has emasculated its own trade unions, poverty and in favour of political foisting hand picked stooges on them. As liberalisation. On both counts, South Africa South Africa's apartheid era press is is better positioned than Nigeria to become unshackled by the proposed Freedom of the continent's hegemon. Information Act, Nigeria's formerly impressive press freedoms are trampled by Should there be a permanent African seat on draconian decrees as newspapers are the UN Security Council, it is more likely to proscribed and journalist jailed. go to Pretoria, which has in Nelson Mandela a globally revered statesman, one of the Even as South Africa abolishes its death most representative political systems on the penalty, Nigeria ties armed robbers and drug continent, arguably its best army, and its traffickers to the stake and publicly executes largest economy. them. South Africa's parliament recently Mandela's adopted its permanent Constitution, legitimacy is Nigeria's Ambassador to the UN, Ibrahim including a Bill of Rights. Nigeria's based on ballots, Gambari, recognised the irony of this promised transition from autocratic to Abacha's on situation when he wrote, shortly after democratic rule seems both a journey bullets attending Mandela's inauguration last May: without end, and a bluff. "[We], who have championed the cause of the oppressed majority in South Economics Africa, with such great credibility and Economically, the difference between the eventual success, now find ourselves in a two 'giants' is clear: South Africa is state of domestic despondency and Africa's largest economy, currently international scorn." enjoying its lowest inflation rate in 22 years

liliLil'dlxtit'LL! L: KIHfljtrEG 66 INDICATOR SA Vol 13 No 3 Winter 1996 ,lt 9%. Per capita GDP is $2,940 - although defining their continental ambitions under Nigeria's per with glaring inequalities between races, the rubric of serious domestic backlogs and capita GDP of making it one of the most divided societies limited capacity to be the sub-continent's $690 is the size developer and provider. •„, the world - and a GDP of $120 billion, of Haiti's which is the same size as Norway's, and neater than that of Finland, Greece or South African politicians and diplomats Ireland - all European Union members emphasise the enormous domestic (Adebajo 1995). challenges confronting them in correcting past inequities. To critics, however, this Migeria has a meager GDP of $66 billion sounds like a quick flight from and its erratic economic policies are in a responsibility. They maintain that South greater shambles due to uncertain political Africa will have to find the proper balance vicissitudes and political corruption that between domestic challenges and have helped amass a $37 billion foreign sub-continental responsibilities. debt. Yearly inflation runs at over 50%, and its per capita GDP of $690 is the size of Haiti's. Nigeria also has a mono-crop Similarities economy virtually entirely dependent on oil Some similarities do exist between the two revenues (West Africa, 27 November 1995). leviathans. Both are violent and crime-ridden. The Republic's murder rate is While South Africa has for years had a steel two and a half times worse than America's industry that feeds its arms manufacturers, and while South Africa has car-jacking, Nigeria's Ajaokuta steel complex, planned Nigeria has car-snatching. Rich classes, the since the early 1970s, has become a white so-called waBenzi in both societies elephant, with millions of dollars lost to increasingly barricade themselves behind South Africa is high walls, while the poor face the brunt of corruption. While Pepsi Cola, Hyatt, IBM, now not bullying l:ord, Chase Manhattan, Citibank, Samsung, the crime onslaught. its neighbours, Nestle, Levi Strauss and MacDonalds are investing in South Africa, UAC and ICI are Just as Nigeria cracked down on illegal but is reluctant to divesting from Nigeria. immigrants during the late 1980s and early embrace them 1990s, so South Africa is experiencing South Africa's Eskom provides 50% of growing xenophobia against 'illegal aliens' Sub-Saharan Africa's energy needs and has from the north. The treatment of brought electricity to an estimated 250 000 immigrants by South Africa's new ruling more black South African homes in the last elite is in line with that of the former white year. Nigeria's inefficient NEPA, erratic at governments. The tendency is to the best of times, is derided with the criminalise foreign Africans flocking into acronym 'Never Expect Power Always'. the country.

Yet both South Africa and Nigeria are the Reluctant leader hubs of their regions. Both have a Nigeria is being left behind by South Africa, disproportionate share of their regions' politically and economically, in an age when wealth and population and are perceived as the continent needs strong and credible 'promised lands' in the surrounding states. leadership. The danger is that Nigeria could Migrant workers are attracted from those easily follow the path of Zaire: disjointed, quarters: Mozambicans and Zimbabweans almost ungovernable, and abandoned by the flock to South Africa - Ghanaians, Togolese rest of the world except for a few companies and Beninois remain in Nigeria even after interested in extracting its mineral wealth the end to the oil boom. (Adams 1995). Both South Africa But in many ways, Nigeria is moving closer and Nigeria are South Africa's problem is its unwillingness to the treacherous past of South Africa: its the hubs of their lo lead - at best it is the reluctant redeemer. military Provisional Ruling Council regions, but Many of South Africa's neighbours believe threatens to transform itself into a Nigeria is moving the great role anticipated for a liberated Permanent Ruling Council. Its politician closer to SA's South Africa has been dashed. South Africa with the most popular legitimacy, Chief treacherous past is now not bullying its neighbours, but is Abiola, languishes in jail as did Mandela. reluctant to embrace them. Nigeria's military junta harasses and imprisons pro-democracy campaigners - hi articulating wariness of their destructive acts so common during the dog days of past, South African's have been coy in apartheid.

INDICATOR SA Vol 13 No 3 Winter 1996 67 [rlitfPtlLMUE Ltli.LLlVli.Li: Nigeria is Nigeria, like South Africa in the past, is a long, drawn out one, reminiscent of South threatened with governed by a small clique. Nigeria's legal Africa's years of international scorn. QJta the same system, like that of apartheid South Africa, is made to enforce ever more draconian universaiistic measures against its own citizenry. As a REFERENCES crusade against result, Nigeria is threatened with the same Adams P (1995) 'Africa's next pariah', in Africa Report H its domestic universaiistic crusade against its domestic May/June 1995. '' Adebajo A (1995) 'Apartheid's burial', in West Africa politics as was politics as was South Africa. Indeed, the 8 August-3 September. ' South Africa execution of Ken Sarowiwa elicited the Adebajo A (1995) 'Tale of Two Giants', Newswatch, 11 same international chastisement as the death September. Gambari IA (1994) To Pretoria and Back', in West Africa in detention of Steve Biko in 1977. 23-29 May. Friedman S, Landsberg C, Masiza Z and Reitzes M (19961 The Wolf's New Clothes? South Africa's Impact on Nigeria's current disregard for democracy Southern Africa After Apartheid, Centre for Policy Sturtipc smacks of Pretoria's at the height of Unpublished Paper. y uaies Landsberg C (1994) 'Directing from the Stalls?, The apartheid. In an ironic twist of history, International Community and South Africa's Negotiation Nelson Mandela, especially in the context of Forum', in Friedman S and Atkinson D (eds), The Small Miracle, South Africa's Negotiated Settlement, Ravan the Commonwealth, is called upon to do to Press. Nigeria what it so successfully did to the Landsberg C (1996) 'The Berlin-Pretoria Axis', West Africa Republic during apartheid: spearhead the 1-7 April. Landsberg C (1994) Exporting Peace? The UN and South international campaign against the Abacha Africa, Centre for Policy Studies, International Relations military junta, and squeeze the Nigerian Series. economy until the pips squeak. LandsberHujuaigy C ananvdj Masiziviaoita Z (1995) Strategicdivyiu .Ambiguity or Ambiguous/ Strategy? O ForeignI"- — policy . since,e the^ 199'4jggj election, Centre for Policy Studies, Policy' Revier w Series,:1! It is uncertain whether South Africa has the P1A. Report of the Fact-finding Mission of the Secretary-General stomach to rise to this uncomfortable to Nigeria (1996) United Nations, New York, 23 April. occasion. One thing seems certain: Nigeria's West Africa (1994) 'in the Driving Seat' 22-28 August. slope into international unpopularity will be West Africa (1995) 'Oil and Quiet Diplomacy' 27 November.

0IKP£GGMCE KEUMIE 68 INDICATOR SA Vol 13 No 3 Winter 1996 DEVELOPMENT M O N 1 T 0 R

Positive developments in my area in the past year

39% of people recalled positive developments in their area

General improvements

Electricity

Roads

Less violence

Health facilities

Water

Schools

Race relations

0 5 10 15 PERCENTAGE

Negative developments in my area in the past year 61% of people recalled negative developments in their area

Crime

Violence

Unemployment

Poor infrastructure

Drought

Poor housing

0 5 10 15 20 25 PERCENTAGE

Source: Research conducted in a joint project by the Department of Economic Affairs and Tourism, Human Sciences Research Council KwaZulu-Natal Office and Quality of Life & RDP Monitoring Unit at the University of Natal in collaboration with the KwaZulu-Natal RDP Inter-departmental Indicator Intiative HE DEVELOPMENT CORRIDOR ROUT New Highways or Old By-ways?

By Philip Harrison and Alison Todes Department of Town and Regional Planning, University of Natal

This article locates the recently revived concept of development corridors at a regional level, considering the Witbank-Maputo Corridor and the proposed KwaZulu-Natal corridors. While the notion of corridor development may provide a useful framework for regional development, the idea is conceptually crude and needs to be refined and attuned to the complex dynamics of evolving spatial systems.

he concept of development corridors development. Many weaker attempts to has recently become popular in develop corridors have fallen into this trap - Tprovincial development planning and being ultimately no more than lines on a national spatial development planning in map. South Africa. The idea essentially refers to development along major roads with significant existing or potential movement. International origins This inevitably occurs along routes which With the decline of the feudal city states and connect major 'attractors' - large cities, the rise of merchant capitalism in Europe as towns and other movement which generates far back as the twelfth century, linear cities economic activity. straddling transportation lanes emerged along Europe's major trading routes. The The high density of movement produces communication network became the markets for a range of activities, and in a connective tissue linking urban centres. This sense 'privileges' places along its route. notion of linearity informed the work of Corridors, however, are not just a narrow pioneering city planners in the early band immediately along a highway or main twentieth century. road. They refer to major areas around significant routes in which development is, These theorists saw the space economy as or potentially could be, concentrated. organised into a system of nodes and networks - or towns and communication The idea of corridors is not new. It has a routes. Large cities were seen as centres of chequered history ranging from architecture economic growth, but development and town planning to economic geography impulses could diffuse down the urban and regional economics. It has been used in hierarchy to smaller centres and to rural different ways in several contexts, including areas. The role of roads as 'carriers' of Corridors have in South Africa under apartheid. innovation and growth impulses was critical, been used in and several regional plans included major An important distinction in the use of road building to integrate peripheral areas different ways in corridors for regional and national spatial into development. several contexts, planning lies in whether corridors build on including South existing and planned economic development The French geographer, Poittier, coined the Africa under activities, or whether the building of roads term 'corridors' to describe lines of existing apartheid (or rail) alone is seen as generating or potential growth. Development would

liliU liLtll-liLtLV UtiiaVlili 70 INDICATOR SA Vol 13 No 3 Winter 1996 occur along these as a result of interaction development axes, but also proposed a set of In South Africa, between major centres. Intermediate centres new ones, such as the Witbank-Richards the prime along the corridor would grow as a result. Bay axis, and an axis running from example is the Bloemfontein to Cape Town through high tech network lie-cent international literature has pointed to Kimberley, Upington and Springbok. parallel to the Nothing has really come of a number of spatial patterns of economic development- major freeway associated with the 'Post-Fordist' economic these axes. between Pretoria regime - that are structured around major communication routes. Examples are the The concept of corridors was also taken up and new corridors of high tech growth centred by Dewar and colleagues at the University Johannesburg around information technology industries. of Cape Town. Their idea of 'activity The most commonly cited example is spines' described the way major high Silicon Valley in California's Santa Clara friction routes (not high speed freeways) County. gathered economic activity and higher density residential development along them, In the United Kingdom, high tech growth is simply because they were lines of high found along corridors of high accessibility accessibility. Corridors are the broader to London with national intercity motorways movement systems and areas in which these and rapid intercity trains. Examples include spines occur. the M4 route to Bristol, the Ml to Leeds and the Ml 1 to Cambridge. Hall (1991) refers to Work towards a National Spatial a resultant spatial structure which represents Development Framework also uses the idea the deconcentration of a dominant of development corridors. In contrast to the metropolitan city into a polycentric city 1975 NPDP, however, the economic basis of region. corridors is stressed. It is recognised that The concept of lines on a map do not 'create' development. development Interestingly, what is now happening rather A draft document states that: corridors was first spontaneously was prefigured by major used in South planning studies in the late 1960s and early " the viability of the corridor concept is Africa in the 1975 1970s, that argued for growth along the contingent upon a sound economic main lines of communication outward from strategy....and potential for the National Physical London. In South Africa, the prime example intensification of a range of economic Development is the development of a high tech network activities e.g. SMME's, agriculture, Plan parallel to the major freeway between industry along the length of the corridor. Pretoria and Johannesburg. The corridor concept is more than simply high volume transport...It implies It can be argued that the increasing shift clustering of public investment in a toward Just-in-Time (JIT) manufacturing range of sectors such as land, housing, and inventory control with its need for rapid SMME's, agr 'culture, water, in order to speed-to-deliver, is placing a greater build on the opportunities offered by premium on accessibility and is linking nodes of development. Thus, strengthening the relationship between corridors of development should be enterprise location and access to high speed determined by the complexity and transport routes. In Europe for example, diversity of activity located along them. " areas of recent growth and economic (October 1995) dynamism are to be found in a broad 'banana shaped' band stretching from The document went on to say that corridors southeast England, through France into could be developed at different scales, Northern Italy and Southern Germany. playing different roles. The Witbank- Maputo Corridor South African experience Witbank-Maputo Corridor is the most The concept of development corridors was This is the most important example of a important first used in South Africa in the 1975 development corridor currently being example of a National Physical Development Plan promoted in South Africa by departments development (NPDP). The Plan was the first attempt to such as Transport, and Trade and Industry. corridor currently propose a comprehensive spatial plan for the This project is linked to broader concerns being promoted country, although drawing on many with the reconstruction of Mozambique, in South Africa elements which were already present, such Southern African cooperation and perhaps as industrial decentralisation points. The most important, securing a reliable outlet for Plan delineated a number of existing Gauteng's exports.

INDICATOR SA Vol 13 No 3 Winter 1996 71 liliUliLLL'IALiUA' LtllLUFEE The The major anchoring project is the joint Development Framework that corridors Witbank-Maputo upgrading of the Maputo harbour between must build on existing and potential areas or corridor links Transnet, the Mozambique Government and growth. within a single a private South African firm. Witbank and programme some Maputo would be connected by a high Following an analysis of future economic standard toll road that would be privately development in the province, it proposed 140 essentially funded and operated, while the road distance that the North-South coastal axis and ihe separate projects between Komatipoort and Maputo would be Durban-Pietermaritzburg corridor would be shortened. the most important areas of future growth The coastal axis would be strengthened by This infrastructural development is linked to a programme of economic development in • Proposals to reinforce the ports in the manufacturing, mining, tourism and Durban and Richards Bay. agricultural sectors. The development corridor concept links within a single • The shift to an export oriented strategy programme some 140 essentially separate nationally. projects. • The emphasis on food and beverage, In manufacturing, one of the most pulp, paper and wood, plastics, and significant likely projects is an Alusaf non-ferrous metal as lead industrial smelter at Maputo that could be operational sectors. by the year 2000. The existing petrochemical plant at Secunda provides the • Proposals for a major petrochemicals opportunity for major downstream complex in Richards Bay. In KwaZulu- developments in related industries that could Natal, the North- become viable with a good export route • The location of opportunities for the South coastal through Mpumalanga to an upgraded development of agriculture and Maputo harbour. axis and the especially small scale agriculture are along this axis. Durban- Other potential projects include a Pietermaritzburg phosphoric acid plant, a fertiliser plant and • The location of the major potential corridor would be an iron-carbon plant financed by the tourism opportunities along the axis. the most Industrial Development Corporation (IDC) important areas and international investors. Although the Durban-Gauteng N3 route was of future growth also significant, development within towns In mining there are a number of investment along the road was much less certain than on opportunities around Barberton and the other axis. A number of towns along the Phalaborwa that cou d become viable with N3 were vulnerable in various ways. While the proximity of an efficient operating port. this vulnerability was an important concern In terms of tourism, he idea is to expand the for policy, it meant that this axis would be Kruger National Pa k into Mozambique, less dynamic than the coastal axis. linking the park to Mozambican beaches. Opportunities for developing agriculture In KwaZulu-Natal, the two corridors within the corridor are also being explored. concentrate some 90% of GGP and half de- population (80% if districts immediately The idea of the corridor is to provide an adjacent in old KwaZulu areas are added - efficient transport network between Gauteng the 'shadow' of the corridor). They connect and a redeveloped port, and then maximise most of the major centres and areas of high the potential of an upgraded infrastructure economic potential. Three quarters of the In for economic development. The cost of addressing the backlogs is in the KwaZulu-Natal, development corridor provides a spatial districts of the corridor and its shadow. the two corridors framework for establishing an integrated concentrate development programme. Strategies to develop the coastal axis some 90% of include: GGP and half the KwaZulu-Natal corridors • Addressing needs in terms of access to population The recent Growth and Development land, housing and infrastructure. Strategy for KwaZulu-Natal also uses the idea of development corridors. The • Developing links and providing services approach adopted here essentially followed to adjacent rural areas in the shadow ol the thinking in the National Spatial the corridor.

lilil! LlLLil'-LilitlV LCEHCuilB 72 INDICATOR SA Vol 13 No 3 Winter 1996 •j Including the development of low for development. It also provides One potential income housing in planning for the opportunities for SMMEs of various types. contradiction is airport. that the most But there are distinct dangers. The most ij Considering ways to reorient the important is the assumption that all important development of Isithebe, linking it to development must occur within the corridors occur major developments in Durban and corridors. For example, the KwaZulu-Natal along high speed Richards Bay. Strategy argues that land reform should freeways occur close to towns and corridors. This is in [j Incorporating potentials for sugar and order to improve access to markets. But to eco-tourism into regional plans being say that no such development will be developed. supported (in terms of finance and infrastructure) outside these areas is highly • Developing small scale agriculture, debatable, and may lead to the abuse of linked to markets along the route. spatial planning as occurred during the apartheid era. • Facilitating the development of small and medium enterprises (SMMEs) at Given the current enthusiasm for corridor nodes or points along the route, development in South Africa and the vast including potentials for agro-related expenditure earmarked for projects within activities (e.g. haulage), crafts and corridors, the concept needs critical accommodation linked to tourism. evaluation. At one level there are elements of populist policy attached to the rather 'j Creating linkages to Mozambique and fuzzy concept. However, at another level the the Eastern Cape. concept does have intuitive appeal for those It is dangerous to seeking a meaningful framework for assume that all • Reviewing the effect of land ownership regional development. and planning regulations as a constraint development on development, but recognising the must occur within importance of environmental Strengths the corridors management in the planning for the Clearly, the idea of a development corridor corridor. has important political value. It is a concept around which to mobilise development, The Strategy also pointed to the potential for capture popular imagination and market smaller corridors, where less significant regions and localities. The Mpumalanga development might be expected, for Government must be grateful to find its example tourism routes. province so neatly positioned within South Africa's pre-eminent development corridor. The Strategy highlighted one of the potential contradictions in planning for corridors: the Bold lines on maps have far more appeal than most important ones occur along high speed more abstract notions of regional freeways. Although these provide access, development. As with the RDP, the the development of markets is limited by development corridor has virtue as a populist national restrictions on building within instrument to generate enthusiasm for 5()()in of the freeway. This lends itself to development. But the developmental value of concentrated and highly monopolised the notion goes beyond the mere political. developments such as Ultra-Cities, ''leeways often undermine towns by The development corridor links localities bypassing them, but enabling traffic flow is and projects within common programmes. important in terms of other aspects of the The corridor intersects political boundaries, The corridor Strategy. These elements will have to be facilitating inter-locality, inter-provincial integrates resolved in detailed planning. and international cooperation. It also links infrastructural disparate projects that might benefit from and economic the synergy's of networking and development Planning implications cooperation. '' proposed corridors are sensitive to where l^onomic activity is, they provide an For example, transport investment on the "Klicator of where the need for future Witbank-Maputo corridor is likely to make a development is likely to be. This facilitates number of marginal manufacturing and planning to provide the necessary mining projects economically viable and '"Irastructure and to release land necessary facilitate the type of networking between

INDICATOR SA Vol 13 No 3 Winter 1996 73 litUL-LliL'LiUlLV KEHttEE Planners and firms that will allow downstream particular notion of spatial organisation on a politicians might development in the petrochemical industry. complex mosaic of economic activity. The fall into the trap diverse sectors that make up an economy of believing that The corridor integrates infrastructural and each have their own patterns of spatial economic development. A potential development that may or may not resemble by drawing lines criticism of the corridor is that the exact a corridor. they change relationship between road, rail and harbour reality development, and location of economic While the development corridor may be enterprise is debatable. Further, there are broad enough to encompass many different arguments that economic activity has patterns of spatial restructuring, it may be so increasing locational flexibility. However, abstract that it has little meaning. In there are at least two types of activity which focusing on promoting this general idea, the remain strongly tied to major possibilities for supporting locationally communication routes. clustered and networked industrial districts that are more concrete in nature may be The first is heavy industry and mining with missed. bulk products. It is no coincidence that the development of the Witbank-Maputo Third, there is the real danger that planners Corridor is of immense importance to the and politicians might fall into the trap of locational decisions of, for example, an believing that by drawing lines they change Alusaf smelter and new petrochemical and reality. Clearly this was the problem with" fertiliser plants and the opening of new the 1975 National Physical Development copper, platinum and iron-ore mines. The Plan where corridors were drawn across second is the locational advantages for small vacuous space. For a corridor to work it For a corridor to scale and informal activities which do must have a strong 'reason for being' and work it must be require market access, and generally depend must be rooted in existing patterns of on road transport. But opportunities for economic activity. rooted in existing trading are likely to be restricted on high patterns of speed movement channels, limiting Fourth, while we have argued that economic activity potentials here. transportation networks remain important to industrial location, it is also true that the The usefulness of the corridor concept digital telecommunication networks may be depends partially, however, on how they are undermining the locational significance of done. Simply drawing lines on a map is the transportation infrastructure around pointless. Strategies which build on real which linear corridors are organised. strengths and potentials are more likely to Castells (1993: 252) for example, refers to succeed since they work with the more the 'space of flows' superseding the 'space powerful spatial effects of both the market of places': and other government policies. "the business centre is the abstract space constituted by networks of Weaknesses exchange of capital flows, information The first problem with the concept of flows and decisions that link directional development corridors is conceptual. It has centres throughout the globe...localities never been clearly defined and is used to do not exist by themselves but by their describe different spatial formations at connection to other similar localities different geographic levels. As a notion is organised in a network..." popularised so it loses whatever precision it may have had and becomes an obscure catch For some industries, digital highways are Corridors all term. becoming as important as the roads and the inevitably rail lines. reinforce existing Corridor concepts also become muddy when patterns of ideas developed for one scale (such as Finally, although corridors offer to spread spatial inequality within cities) are used interchangeably with development, they inevitably reinforce those at another scale (such as the provincial existing patterns of spatial inequality - at level). The density of potential development least if they work with existing strengths in is obviously very different, as is the kind of the South African context. Unless there are activities at stake. major development potentials which can be exploited outside of older growth areas, Second, the corridor is a rather crude and corridors can result in a new form of spatial broad concept that necessarily imposes a marginalisation.

LLL! L1_L.L'liLilxV lililUUiLi- 74 INDICATOR SA Vol 13 No 3 Winter 1996 This is of course one of the critical linear infrastructures and the Corridor dilemmas that all spatial planning in this inter-relationships between different development country faces - the disjuncture between geographic scales and economic actors may may provide a where people and jobs are, and between lead to a more sophisticated notion of need and economic potential. development corridors. useful framework for structuring The way the concept has been developed in However, it is likely that in endeavours to current regional KwaZulu-Natal may overcome this problem develop more meaningful frameworks for development to some extent by integrating development regional development, we will be seriously initiatives within these growth areas, and servicing limited by a generally poor understanding of adjacent rural areas in 'the shadow', the relationship between economic although how this occurs is rather vague. development and spatial processes. H?Bdl The spatial marginalisation of deep rural peripheral areas however remains. REFERENCES Castelis M (1993) 'European cities, the informational Conclusion society, and the global economy', Tijdscrift voor Economische en Sociale Geografie, 4. The corridor development notion may Conti S (1993) The network perspective in industrial geography', Geografiska Annaler, 75(B) (3). provide a useful framework for structuring CSIR (1996) Proceedings of the Industrial Cluster current regional development initiatives. Conference, However, the idea is conceptually crude and Hall P (1991) Technology, space, and society in contemporary Britain. needs to be refined and attuned to the KwaZulu-Natal Development Planning Committee (1996) dynamics of evolving spatial systems. The The Economic and Development Strategy for renewed interest in economic and spatial KwaZulu-Natal. Moholy-Nagy (1968) The Matrix of Man, Pall Mall Press: networks which recognise the links between London.

INDICATOR SA Vol 13 No 3 Winter 1996 75 GlimmtMCGIIiliF KGEWEE leamyk HoiDeWay Home Schooling and the 5A Schools Bill

By Kate Durham National Coalition of Home Schoolers

Few countries spend more on education than South Africa. But large pupil teacher ratios, poor quality schooling, lack of discipline, and violence are causing parents to consider other models. Greater school choice and parental involvement are the trend internationally. Home schooling is a valid option, unduly restricted in the draft SA Schools Bill.

everal crucial decisions concerning would benefit directly while saving money the nature of school education will on uniforms and transport. These are just Sshortly have to be made in the new some of the reasons why a growing number South Africa. One of these involves the of South African parents are beginning to issue of home schooling and under what enquire about home schooling. conditions it should be allowed. The outcome of this debate will shed light on Home schooling is the education of children likely future developments in school at home by a parent or parents, who may education and specifically on the degree of educate their children until matric. school autonomy that a new educational Alternatively, the child is educated at home- dispensation will allow. in the early years or during critical phases of development and later returns to formal At a time when education is receiving an school. Families usually buy curricula anil ever larger portion of the national budget materials designed for home schooling - and few countries spend more per child on others obtain their province's curriculum. education than South Africa, parents are The curricula designed in South Africa are becoming concerned about public school based on the SA core curriculum and education. Problems like large pupil teacher providers either supply or recommend local ratios, lack of attention to the quality of or overseas textbooks. A few families obtain education, lack of discipline in the curricula and textbooks from overseas. classroom, and violence and gangsterism in schools, increasingly cause parents to Home schooling families generally set aside consider other models of schooling. a schoolroom in their house. Most have regular hours in the mornings for school. The home school For many parents, private schools would be However, the flexibility allows deviation debate will shed the first choice, but these have always been from routine to accommodate field trips, light on the expensive and will probably become more research in the local library or hands-on so. Families are under financial pressure and projects in different environments. degree of school many parents struggle to pay even the autonomy that a Model C school fees. Parents paying R4 000 Some home schoolers make use of tutors lor new educational per annum per child soon wonder if they certain subjects. Many home schooling dispensation will could not provide more value for money in a families share skills and resources in allow home school environment where the child cooperative ventures with other home

mimmmm Kinum 76 INDICATOR SA Vol 13 No 3 Winter 1996 schooling families. Because home schoolers Equally unacceptable is clause 39(2)(c) An estimated are concerned about academic standards, which allows the Head of Department to 1 300 South they usually consult regularly with teachers stipulate any other conditions for or other professionals about the progress of registration that s/he may deem fit. So while African children their child. it appears that home schooling has been are currently recognised as a legitimate education being taught at Many parents are already involved in a type alternative, the practical implementation by home of supplemental home schooling, spending families will be no different from the past. hours assisting their children with schoolwork when they return from formal Home schoolers will still be dependant on schools. The low pupil teacher ratio allows the whim and subjective opinion of a for extensive personal tutoring and government bureaucrat. In addition, when individual attention and home schooling is compared with the corresponding stipulation thus also an effective method of education. in clause 34(2)(c) applicable to independent schools, clause 39(2)(c) empowers the Head In South Africa at present, home schooling of Department to legislate, and to legislate w ithout exemption from the compulsory differently for different individuals. This is school attendance is illegal. Prosecutions incompatible with the constitutional appear, however, to have been suspended requirement for division of powers. pending the establishment of a new school system and the passage of the new national The power to determine conditions for home Schools Bill. An estimated 1 300 South schooling should properly, as for other African children are currently being taught schools, rest with the Member of the at home, although given the legal Executive Council (MEC) for education in the uncertainty surrounding this option, this province. Such conditions should furthermore, The power to figure contains a large 'underground' be published in the Provincial Gazette, component, making accuracy difficult. making them applicable to all home schoolers determine equally, and visible and transparent. conditions for home schooling SA Schools Bill The most serious concern about this draft rests with the 'I'lie draft South African Schools Bill which clause is that the Head of Department is not MEC for will be tabled in parliament during the next obliged to register the child for education at education in the session is a step in the right direction in that home. The present draft Bill does not province it acknowledges home schooling as a provide for procedurally fair administrative schooling option. It does, however, give the action should the Head of Department refuse heads of provincial education departments to register a learner for home schooling or excessive discretionary powers. withdraw a registration. Nor does it provide for appeal, which may be incompatible with Clause 39 of the Bill states that 'a parent of the right to administrative justice. a learner may apply to the Head of Department for the registration of the In the light of this, it appears that the learner to receive education at his or her recognition of home schooling in the draft home' and that the 'Head of Department SA Schools Bill is no gain for educational may only register...if satisfied that' home reform at all, but mere window dressing. schooling is in the interest of the child, and that the education meets the minimum There are some understandable concerns requirements of public school curriculums about home schooling. These do not, and is not inferior in standard to public however, justify such discretionary powers school education. on the side of the authorities. Concerns are generally of two types: first, that home The draft Bill These stipulations effectively place the onus schooling compromises educational does not provide on the learner - guided and directed by his standards, and second, that it deprives home for fair or her parents - to prove that the registration schooled children of 'normal' socialisation. will be in his or her interest. This militates administrative against the assumption in common law, in Education standards action should the the Constitution, and in international Head of instruments of human rights, that the Home schooling has not been found to Department individual knows his or her best interest, and compromise educational standards. The refuse to register tliat in the case of children, parents are pedagogical value of home schooling is a learner for assumed to act in the interest of their substantiated by many studies. In 1991 the home schooling children unless proven otherwise. Home School Legal Defence Association in

INDICATOR SA Vol 13 No 3 Winter 1996 77 mrmismmfu raaajcEB Research in the America in cooperation with the his or her 10 year old sibling. To say nothing US indicates that Psychological Corporation, collected one of of the risk of being exposed to poorly ° behaved children, violence, drugs, home schooled the largest compilations of standardised test scores of home schooled children. precocious sexual behaviour and children generally overstressed teachers resorting to verbal outperform public The study involved administering the abuse and humiliation tactics in an effort lo school educated Standford achievement Test to 5 124 maintain control in the classroom. children students taught at home from all 50 states in the country, through grades K to 12. These Concerning social skills, a study by Shyers home schoolers' composite scores on the (1992) found that home schooled students basic battery of tests in reading, math and received significantly lower problem language arts ranked 18 to 28 percentile behaviour scores than schooled children. 1 Ic points above public school averages. Other also found that children taught at home are studies have found the typical home socially well adjusted, as opposed to their schooled child to be one to two grades ahead less well adjusted school going counterparts. of peers in public schools. Shyers concluded that instead of asking about the social development and social In fact, research in the United States skills of home schooled children, the real indicates not only that home schooled question should be why the social children generally outperform public school adjustment of schooled children is so poor. educated children, but that there is also no correlation between parent/teacher Another study used different test qualifications and the educational instruments but came to the same performance of children. Only one conclusions. According to Smedley (1992), A genuine American state requires home school home educated children are generally more outcomes based parents to be certified teachers. mature and better socialised than those educational attending school. Smedley suggests several possible reasons: system will have Parents have a vested interest in educating their children in the best possible way, and no interest in thus are usually willing to sacrifice time and • The classroom is mostly one way whether a child energy that many teachers simply do not have. communication, often of a stilted kind, was educated at and few meaningful interchanges occur. school or at home The learning way of life becomes a family In home education, the opposite is true. mission and sets the stage for close relationships because of the hours spent • Schools are products of the factory age, teaching and interacting. The attitude of with batches of uniform products lifelong learning which is one of the stated running on the conveyor belt in lockstep goals of the first White Paper on education, is motion towards the standardised established early in the home schooled child. diploma. It therefore socialises into this kind of mentality. Home education in As long as children schooled at home have to contrast, works to more personalised comply with minimum requirements of the educational outcomes. national curriculum or meet the minimum requirements of the curriculum of any • Age segregation in schools is unnatural. registered independent school, home Learning to get along only with peers schooling does not compromise any standards. does not prepare students for varied The shift from an input to an outcomes based interactions with older and younger educational system in South Africa also people in life. Home education avoids dovetails neatly with home schooling. A this trap: in home school learning The real question genuine outcomes based educational system programmes, people of various ages are should be why will have no interest in whether a child was encountered in a way that more the social educated at school or at home. accurately mirrors the variety of society. adjustment of schooled children Socialisation • Home education's emphasis on self is so poor discipline and self directed learning, and There is also no evidence that home the personal confidence this produces, schooled children are socialised in a manner creates young people who can adapt to detrimental to society. In fact, a strong case new situations and new people. can be made that being educated in a class of 40 other 12 year olds is more 'unnatural' Another study of 53 adults who experienced for a child than being schooled at home with home education was conducted by Knowles

mimiisimuv KiiuitiiE 78 INDICATOR SA Vol 13 No 3 Winter 1996 (1993) of the University of Michigan, He The information age and the ever advancing Too many found that more than three quarters of the technology of our society is constantly parents simply sample felt that being educated at home had opening new doors on education. The equate their actually helped them interact with people Department of Education should seriously children's from different levels of society. When asked consider utilising the home schooling if they would choose to be educated at home concept to adapt the South African education with if they had their lives over, 96% replied that curriculum to be user friendly to the home government they would. schooling family and should cooperate with owned and run the SABC to make education more schools Factors that were commonly highlighted by accessible. the adults concerned were the self directed curriculum, the individualised pace of The cost savings for the state demand that working and the flexibility of the home the Department of Education look at this study programme. None of the sample was alternative. Home schooled children make unemployed or on welfare assistance, and space available in the present public school two thirds were married - the norm for the system - the 1 300 children currently being age group. Knowles concluded that the home schooled in the country equal the size evidence did not support the suggestion that of a large school - and this is money that the there are social disadvantages to home based state is saving, since these children are not education - rather it favoured the reverse. being subsidised in any way by the government.

Family oriented Home schooling is a valid educational In this day and age when too many parents option which parents in South Africa should simply equate their children's education with be free to choose for their children and In America today, government owned and run schools, it is easy which should be subjected to limited home schooling to forget that until the middle of last century, regulation by the state. One way of is legal in all 50 children's education was largely a family enhancing the quality of public or state affair. And, as Gary Bauer of the provision of education is to allow alternative states Washington based Family Research Council models, including home schooling, to said, even if a family decided to delegate compete in the market place. some of its authority to a schoolmaster or a community owned school, 'control continued Greater school choice and parental to reside in the hands of the family.' involvement would be in line with international educational developments and As the state became increasingly involved in are certainly goals to be applauded. the provision of education in countries like Anything that reinforces family cohesion the United States and England during the should be actively encouraged by the state, second half of the nineteenth century, parents and home scho:ling certainly does that for were generally reluctant to acquiesce. Their the family. concern was and still is, that what children are taught in public schools may conflict The new Constitution protects: with the family's beliefs. REFERENCES Dobson JC and Bauer "the right to establish and maintain, at GL (1990) Children at Risk - The Battle for In America today, home schooling is legal their own expense, independent the Hearts and Minds in all 50 states and the most highly regulated educational institutions that...are of our Kids. World states are constantly reforming and relaxing registered with the state [and that] Publishing: Dallas. KlickaCJ (1993) The their home school laws. An estimated one maintain standards that are not inferior Right Choice: The million American children are currently Incredible Failure of to standards at comparable public Public Education and being home schooled in grades one to 12. educational institutions ". the Rising Hope of Home Schooling. Noble Publishing Home schooling is unlikely to ever become However, the proposed SA Schools Bill Association: Oregon. Klicka CJ (1993) The the mainstream, but is growing quickly from needs to be amended to limit the Myth of Teacner a relatively small base. The increasing discretionary power of government Qualifications'. Senior Counsel for House availability of personal computers in homes bureaucrats regarding home schooling. It School Legal Defense and computer based educational systems must also allow South Africa to develop a Association. Shyers L (1992) Home makes home schooling available to an ever truly new, bottom up, family friendly and School Researcher, growing pool of people. The resources and pluralistic educational dispensation - rather Vol 8 No 3. home school networks available throughout than a top down, family unfriendly Smedley (1992) Home School Researcher, the world via the Internet are also impressive. bureaucratic one. LL-eCl Vol 8 No 3.

INDICATOR SA Vol 13 No 3 Winter 1996 79 EEEEEEIMEtS'i; LCEELtEE By Michael Kidd School of Law, University of Natal, Pietermaritzburg

Will South Africa's final Constitution assist those seeking to defend the environment against state or private sector abuse? An environmental right is entrenched in the Constitution, but may be sidestepped by the limitations clause or conflict with other rights in the Constitution. Despite these flaws, the Constitution is an improvement over the common law position.

hat would have happened at St (i) prevent pollution and ecological Lucia and Saldanha if there had degradation; Wnot been a concerted effort by the (ii) promote conservation; and public to ensure that the environment (iii) secure ecologically sustainable received protection? Although most of development and use of natural South Africa's environmental laws rely on resources while promoting justifiable the state for their enforcement, citizen action economic and social development." is an essential supplement to the efforts of the administration. This is especially true at At first glance, this is something which a time when state resources are tight and environmentalists everywhere would less and less is being channelled into the welcome: an environmental right entrenched environmental sphere. in a constitution. Certainly, South Africans should appreciate this, since in the early The new Constitution of the Republic of stages of constitutional development, it South Africa ought to be of significant looked as though the environment would not assistance to those citizens and be recognised in the list of fundamental non-governmental organisations who take rights to be protected. On the other hand, up the cudgels on behalf of the environment. there are some areas of concern about the In some ways, however, certain of the way the right is phrased. Before discussing provisions can be seen as a mixed blessing. these problems, it will be useful to examine how the right will operate.

Environmental right Historically, one of the biggest obstacles Section 24 of the Constitution provides that: facing the environmentalist in his or her efforts at challenging action detrimental to There are some "Everyone has the right - the environment has been the common-law areas of concern (a) to an environment that is not harmful requirement of standing, or locus standi. about the way to their health or well being; and This is an inquiry by the court, preliminary to (b) to have the environment protected, any argument or consideration of the merits oi the for the benefit of present and future the case, as to whether the applicant has a environmental generations, through reasonable sufficient personal and direct interest in the right is phrased legislative and other measures that - matter being complained about.

EKOmtiKCIZdV LltitUVLLl- 80 INDICATOR SA Vol 13 NO 3 Winter 1996 If the applicant is held not to have locus is harmful to their health or well being. A The Constitution standi, then the merits of the matter are not person complaining of an infringement or allows access to even canvassed. If, as is often the case, the threat to health would probably have had court in the public applicant is someone like the Wildlife locus standi under the common law. interest Society representing the interests of its members, it would be faced with a wealth of Yet the Constitution is an improvement on precedent to the effect that organisations the common law in the event that the representing their members' interests do not aggrieved party is represented by another satisfy the locus standi requirement. person or an organisation, alone or together with other affected persons. The health The same is true of action in the public aspect of the right is more likely to be of interest. Since most environmental issues assistance to people in lower socio- relate to the interests of the public as a economic circumstances: for example, whole rather than of certain individuals or people without access to piped water who groups, locus standi has probably ensured drink water from a polluted water source. that there has been very little in the way of court action aimed at protecting the The concept of 'well being', on the other environment. hand, is probably of more relevance to the average middle class person who is The Constitution brings significant relief. concerned about events which threaten the All the rights contained in Chapter 2 of the environment, but who is not able to show Constitution must be read in conjunction that there is a threat to his or her health. As with section 38, which deals with the Glazevvski has argued: enforcement of rights. It reads: "the term 'well being' is far broader Much of the "Anyone listed in this section has the and is wide enough to be interpreted by effectiveness of right to approach a competent court, the constitutional court as including the the alleging that a right in the Bill of Rights aesthetic and spiritual dimension of the has been infringed or threatened, and natural environment... both the environmental the court may grant appropriate relief, squatter's and the Sandton resident's right in the including a declaration of rights. The well being arguably depend on the Constitution will persons who may approach a court are - maintenance of wild places even though depend on how neither may frequent them." (Glazewski the courts (a) anyone acting in their own interest; 1994:5) interpret the (b) anyone acting on behalf of another concept of well person who cannot act in their own Much of the effectiveness of the being name; environmental right in the Constitution will (c) anyone acting as a member of, or in depend on how the courts interpret this the interest of a group or a class of concept. People like those who opposed the persons; mining at St Lucia might not be able to rely (d) anyone acting in the public interest; on an infringement of their right to well and being if the court interprets this right (e) an association acting in the interest narrowly. This would render them subject to of its members." the common law locus standi requirements and unable to litigate in the public interest. The effect of this section, since it gives locus standi to the types of persons listed The second part of the right gives people the above, is to ameliorate the common law right to have their environment protected, locus standi requirement in cases where for the benefit of present and future there is an infringement or threat to a right generations, through reasonable legislative The right may in the Constitution. Note in particular that it and other measures that are aimed at certain however be allows access to court in the public interest. specified purposes. This right is important severly curtailed The common law situation remains, as it can be used to force the government to in that protective however, where the right or interest being take steps to protect the environment in measures must relied upon is not contained in Chapter 2 of cases where the state is inactive. be 'reasonable' the Constitution (i.e. the Bill of Rights). The right may, however, be severely If a person were to rely on the right curtailed in that the measures must be contained in section 24, he or she would 'reasonable'. If 'reasonable' is considered have to show that there is a situation which from the state's perspective, it may well be affects the environment in such a way that it that lack of resources could be cited as

INDICATOR SA Vol 13 NO 3 Winter 1996 81 [£ElimiiriKGUff LtGliLFGE Reference to reasons for the state failing to take the taking into account all relevant factors 'promoting desired measures. Moreover, the right - like including- justifiable all others in the Constitution - is subject to (a) the nature of the right; the limitations clause (discussed below), (b) the importance of the purpose of the economic and which also limits rights in given situations. limitation; social (c) the nature and extent of the development' is The list of purposes for which the measures limitation; an inappropriate discussed above are to be taken (section (d) the relation between the limitation inclusion in an 24(b)(i)-(iii)) is cause for concern for a and its purpose; and environmental number of reasons. First, the list is not (e) less restrictive means to achieve the right comprehensive and is even vague. It speaks purpose. of the prevention of pollution and ecological degradation, but not of rehabilitation of (2) Except as provided in subsection (1) already polluted environments. Measures or in any other provision of the are to be taken to 'promote conservation' - Constitution, no law may limit any right conservation of what? entrenched in the Bill of Rights. "

The third item's reference to 'promoting It may well be possible that the limitations justifiable economic and social clause will be used to justify certain actions development' is at worst an inappropriate detrimental to the environment on the basis inclusion in an environmental right that such actions constitute 'reasonable and provision. At best it is badly phrased, since justifiable' limitations of the environmental environmental legislative or other measures right. A possible example would be the are not concerned with promoting siting in an ecologically sensitive area of a The limitations development. That such measures ought not factory which would create large scale clause will be to hinder development unreasonably is employment, where it would not be feasible used to justify another matter altogether, and if that was the to locate elsewhere. certain actions idea, the wording should have reflected this. Not only is the right subject to the detrimental to the A second shortcoming is that the list's lack limitations clause, but there is also the environment of comprehensiveness means that it may fall possibility that it may conflict with other foul of the expressio uniiis est exclusio rights in the Constitution in certain alterius rule of interpretation. This rule circumstances - the property clause, for provides that if a list of considerations are example. In this respect the wording of the given, the judicial officer interpreting the right is cause for concern to some section may not 'read in' to the provision commentators. Winstanley (1995: 93) considerations which are not specified. argues that:

The effect of this is that people do not have "Should a court be called upon to assess the right to have their environment protected two competing rights and one is phrased by measures which do not fall within the negatively, it may well be that the given list - for example, measures aimed at environmental right will, on that basis preserving (rather than conserving) alone, have to bow to the other right at biodiversity. This could have been avoided stake. However, were it framed by omitting the list altogether, or by positively, it would compete equally with including the phrase 'inter alia' before the all other potentially competing rights, list. without in any way conferring an unlimited right to environmental quality." The Limitations clause environmental As is the case with all the rights in Chapter 2 There appears to be no legal authority for right may conflict of the Constitution, the environmental right this proposition, which may, therefore, be with other rights is subject to the limitations clause, section unduly pessimistic. Since however, it seems in the 36 which states: that it was possible to frame the right in Constitution, like positive terminology, this would have avoided any possible problem of the sort the property "(1) The rights in the Bill of Rights may be limited only in terms of law of that Winstanley raises. A right to an clause general application to the extent that the environment 'conducive to health and well limitation is reasonable and justifiable being' means substantially the same thing as in an open and democratic society based the right phrased as it is presently, with the on human dignity, equality and freedom, benefit of positive phraseology.

HliUEtMlilOT KliMiG 82 INDICATOR SA Vol 13 NO 3 Winter 1996 Protection arsenal. Section 32 deals with access to The power of the information and provides in subsection 1 government to A further complicating factor is the issue of that: damage the whether the Constitution applies vertically environment is or horizontally. This is constitutional jargon "Everyone has the right of access to - matched if not denoting application in such a way that the (a) any information held by the state; exceeded by that Bill of Rights binds only organs of state and (vertical) or all persons (horizontal). Section (b) any information that is held by of other bodies 8 of the Constitution provides that a another person and that is required provision of the Bill of Rights binds natural for the exercise or protection of any and juristic persons if it is applicable, taking rights." into account the nature of the right and of any duty imposed by the right. The noteworthy aspect of this right is that it can be enforced against private individuals It would appear therefore, that the nature of as well as the state, which could be of great the right in section 24(a) is such that it concern to polluters. Section 33 provides: would bind all persons (horizontal application), but this is not beyond question "(1) Everyone has the right to at this stage. In section 24(b), the legislative administrative action that is lawful, measures can only be secured by the state, reasonable and procedurally fair. meaning that this aspect is of vertical application only. It is however, possible that (2) Everyone whose rights have been 'other measures' could be adopted by adversely affected by administrative entities outside the government sector. action has the right to be given written reasons. An environmental This lack of certainty is a worry, since much duty should have environmental degradation is brought about (3) National legislation must be enacted been by non-state entities, who would not be to give effect to these rights, and must - incorporation into bound by the right were it held to be of (a) provide for the review of vertical application only. Although a Bill of administrative action by a court or, the Bill of Rights Rights is thought by many constitutional where appropriate, an independent lawyers to be a shield protecting citizens and impartial tribunal; against state power, and therefore not to be (b) impose a duty on the state to give applied horizontally, the environmental effect to the rights in subsections (1) sphere is one area where the power of the and (2); and government to do damage is matched if not (c) promote an efficient administration. " exceeded by that of other bodies. Since the administration is involved The problem could have been avoided by significantly in environment management the incorporation into the Bill of Rights of through the granting of permits, licences, an environmental duty, imposing a duty on planning permission etc., this provision is all persons (including the state) either not to also clearly of great relevance as far as harm the environment or to protect the scrutiny of the state by environmentalists is environment. This would in no way be a concerned. unique constitutional provision since several other countries impose constitutional The final Constitution, despite the flaws obligations in respect of the environment on identified in this article, is an improvement state and individuals (Winstanley 1995). over the common law position and is thus to be welcomed. It is likely to be of great benefit to those individuals and The right of Other rights non-governmental organisations who are access to There are a number of other provisions in concerned about the environment and are information can the final Constitution which are of prepared to take a stand to protect it. Lb'Effl be enforced importance to the environment. Space against private prevents addressing all of them, including individuals as the provisions in Chapter 6 dealing with the well as the state distribution of responsibility between REFERENCES national, provincial and local government. It Glazewski J (1994) The environment and the new Interim Constitution', South African Journal of Environmental is however, worth mentioning two rights in Law and Policy 3. Chapter 2 which should also prove Winstanley T (1995) 'Entrenching environmental protection in the new Constitution', South African Journal of important weapons in the environmentalist's Environmental Law and Policy 85.

INDICATOR SA Vol 13 NO 3 Winter 1996 83 GiajmiQMcmitf L-LLULLHILL By Zarina Patel Centre for Social and Development Studies, University of Natal

The international environmental focus on natural resource or 'green agenda' issues has widened as urbanisation in Third World cities causes additional environmental problems - the 'brown agenda'- that undermine quality of life, particularly among the poor. This review of threats posed to the natural environment by developing Cato Manor raises issues central to urban management in South Africa.

umanity is presently undergoing a wealth and per capita production; and the great migration from rural to urban improvement in the quality of life of all Hareas. Some 20 million people move citizens (Clark 1994). Since the 1980s, a to cities every year, a human transmigration third component - sustainability - has been unprecedented in history (Girardet 1992). added to the development discourse. Today, 19 of the world's 25 largest cities are in developing countries. Humanity is rapidly Agenda 21, which was presented at the evolving from a species of rural United Nations Conference on Environment hunter-gatherers to urban consumers. The and Development in Rio de Jeanerio in 1992 city has become a symbol of control, was the first successful attempt to link especially over the natural environment. environment and development concerns through its action plans for global This manipulation of the natural sustainability. Furthermore, the inclusion of environment has lead to cities becoming the urban concerns in Agenda 21 and the focal points in the conflict between adoption of Local Agenda 21 is a clear humanity and nature. The natural commitment towards addressing environment provides a source of resources environmental problems in the urban arena. upon which city functioning depends, as The traditional tenets upon which most well as a sink for pollution emanating from modern cities are planned - economic, urban activities. This results in cities posing political and social - need to make a space a threat, not only to the survival of the for environmental considerations before natural landscape, but also to the very holistic planning can be achieved. existence of urban society as we know it (Roberts 1994). Sustainable cities It is therefore evident that a prerequisite for It was recognised at the 1992 Earth Summit Today, 19 of the the continued survival of 'urbanites' is the in Rio that the international focus in world's 25 largest holistic inclusion of environmental environmental issues was mainly on natural cities are in consideration in urban planning. A country's resource issues and the intergenerational developing development typically incorporates at least equity issues of global warming, the ozone countries two major components: growth in aggregate layer and acid rain (Bartone 1991). These

EEO ElillPLitlllU Itlillltlili: 84 INDICATOR SA Vol 13 No 3 Winter 1996 issues have collectively been called the these patterns that must be made more Specific 'green agenda'. However, increasing rates sustainable, and not cities per se. production and of urbanisation in Third World cities have consumption resulted in an additional set of Any consideration of sustainable city patterns in cities environmental problems that undermine development in the developing world must must be made urban dwellers' quality of life, particularly in addition have as a central focus the more the poor. These include: improvement of the housing, living, and sustainable, and working environment of poorer groups. As • The lack of safe water supply, sanitation the concept of sustainable development not cities per se and drainage. brings together development priorities (meeting human needs) and environmental • Inadequate solid and hazardous waste priorities (controlling or limiting the management. harmful impacts of human activities on the environment), it is well placed to • Uncontrolled emissions from motor simultaneously achieve these social, vehicles, factories, and low grade economic, political and ecological goals domestic fuels. (Hardoy et al 1993).

• Accidents linked to congestion and crowding. South African cities Historically, the management of South • The occupation and degradation of African cities has been driven by the environmentally sensitive lands. ideology of 'separate development' rather than by a concern to create a healthy, viable • The inter-relationships between these urban environment (Ramphele 1991). This In the developing problems. has resulted in inefficient city functioning. world a central The legacy of this policy is the core of the focus on the These environmental problems that are urban environmental crisis in South Africa. improvement of directly linked to the development process However, despite the apparatus of influx the housing, have been dubbed the 'brown agenda' control and apartheid ideology, South living, and (World Bank 1993). African cities have witnessed an unprecedented increase in the number of working Following the Earth Summit, it became squatters and informal settlements on the environment of increasingly clear that an environmental urban fringe. poorer groups agenda that recognises the cycle of poverty, resource depletion, and environmental Informal settlements, together with trends of degradation in urban areas had to be suburbanisation have resulted in the developed separately. As a result, a separate fragmentation and sprawling of the city, conference, Global Forum '94, with a single which in turn increases the strain on the theme - Cities and Sustainable natural environment. Furthermore, the Development - was held during June 1994 greatest urban explosion is occurring among in Manchester. Taking its lead from Agenda the poorest people, resulting in high and 21, the aim of Global Forum '94 was to increasing levels of poverty, unemployment formulate practical solutions and action and inequality within the cities (Ramphele plans for addressing the 'brown agenda', 1991). thereby fostering sustainable cities worldwide. The Reconstruction and Development Programme (RDP) stresses that sustainable The concept of a 'sustainable city' is in fact urbanisation must be part of the process of In South Africa misleading, as no city can sustain itself by post apartheid reconstruction. By adopting drawing only on the resources within its the aims of the RDP as a guideline for the greatest boundaries. According to Mitlin (1992) policy, the Government of National Unity urban explosion what is sought is not 'cities that can sustain has committed itself in principle to using is occurring themselves' but cities where the inhabitants' South Africa's resource base in a sustainable among the development needs are met without manner, as well as promoting the poorest people imposing unsustainable demands on local or development and upliftment of society. global natural resources and systems.

Furthermore, it is the specific production Cato Manor and consumption patterns within cities that The necessity of providing inner city formal threaten ecological sustainability. It is hence housing and employment for the

INDICATOR SA Vol 13 No 3 Winter 1996 85 LlLtU liLlil'LTLILIA' liLULl'LLLI These brown disadvantaged race groups has become an Greater Cato Manor one of the keys to agenda problems urgent reality for South Africa, With this Durban's future socio-economic prosperitv. are inextricably comes the redistribution of resources and the linked to poverty repossession of land for those who have Greater Cato Manor has the capacity to and productivity been removed from inner city areas as a accommodate a population of up to 200 000 result of the mass removals that occurred people (Day and Chetty 1993). The policy during apartheid (Cock 1991). framework for developing the area specifics that the form of development will be The redevelopment of Cato Manor, west of primarily low income housing. The Durban, is an important case in point. It environmental resources in Cato Manor thai demonstrates the Government's attempt at are threatened by the demands of redistributing land and resources among urbanisation are land, water, air and natural urban South Africans after many years of vegetation. More specifically, without stagnation in the apartheid era. holistic environmental planning and management, Cato Manor could fall prey to The development of Cato Manor is a the 'brown agenda' environmental problems response by the city to provide an orderly, that face most other cities in the developing integrated and compact development in the world. heart of the Durban Functional Region to meet the demands of the post-apartheid city. These brown agenda problems are According to the policy document drawn up inextricably linked to poverty and by the Cato Manor Development Forum productivity as well as broader (1992), they endeavour to provide a range of macroeconomic performance (World Bank lifestyle, residential, recreational and 1993). It is important to note that an Solving 'brown' employment opportunities, particularly for examination of 'brown' environmental issues for Cato those originally removed from the area and concerns cannot be done in isolation, as the Manor has the poorer residents of the Durban solving of 'brown' issues for Cato Manor Functional Region. has crucial implications for resolving many crucial of the 'green' problems (those related to the implications for The achievement of sustained and equitable management and use of natural resources) resolving many of development, which maintains a healthy extending beyond the boundaries of the the 'green' balance between environmental and Durban Metropolitan Region, as well as the problems development priorities for Cato Manor - and 'global' problems facing future generations. future developments of this nature in South Africa - presents a great challenge to urban planners. Recent years have witnessed rising • Land concern about whether environmental Administrative fragmentation is one of the constraints will limit development, and more most crucial factors that could undermine a importantly, whether development will successful holistic development plan for cause serious environmental damage, in turn Cato Manor. This could lead to large impairing the quality of life of this and socio-economic disparities which will result future generations. in the development of a dependency relationship between various pockets within Historically, development has too often the Greater Cato Manor (GCM) area. This is ignored environmental values. The long compounded by the fact that GCM is largely term consequences of ignoring the integral surrounded by traditionally white, affluent link between development and the residential areas. environment has hidden pecuniary repercussions, and should hence be an Huge socio-economic disparities already Administrative important part of the planning process. exist within GCM with the presence of fragmentation informal settlements, the township of could undermine Chesterville and the middle class Wiggans a successful Threatened resources and Bonella developments. The negative holistic Greater Cato Manor is traversed by both the consequences of development of this nature development N2 and N3 national routes, straddling the has already become apparent with the local authorities of Durban, Westville and various land and house invasions that have Queensburgh. It occupies the most been staged in the area over the past three accessible location in the entire metropolitan years. region and as such embodies a valuable land resource. The effective planning and Within the context of metropolitan Durban, development of the area could render the development of Cato Manor could prove

LiLiUtzLllL-LiLiLLV LiWUVlili: 86 INDICATOR SA Vol 13 No 3 Winter 1996 to be a very positive initiative as it will • Air The high compact Durban's growth and could hence incidence of Air pollution is already a serious problem in serve to catalyse economic growth strategies squatting in Cato for the region. Development in Durban has and around South African cities. The effects Manor poses a occurred rapidly, fuelled by low density of increased levels of air pollution in Cato formal development along the coastal and Manor have important repercussions for the serious threat to inland axes, and sprawling unplanned rest of Durban as well as the KwaZulu-Natal water quality settlement on the metropolitan periphery, coastline and areas inland beyond Durban, resulting in a highly inefficient spatial form due to the wind systems that prevail in the (Day and Chetty 1993). region.

The urban poor, who are in the greatest need There are three main potential sources of air for employment, shelter, infrastructure and pollution in Cato Manor. First, the services are located on the metropolitan inefficient control over industrial emissions. periphery, yet ironically most of the Second, the extensive use of coal for heating opportunities to address these needs are and cooking purposes. If clean energy currently to be found in the metropolitan sources are unavailable or too expensive, core. In terms of accessibility therefore, the people have no option but to use coal fires. development of Cato Manor has the This is already an extensively used option in potential to increase the quality of people's Chesterville and the informal settlements in lives. GCM.

The third cause is emissions for motor cars, which constitute the largest source • Water of air pollution in all major cities. Increased levels Both the quality and quantity of water are However, it is predicted that most people of air pollution in threatened by the development of Cato in GCM will not be car owners, hence the Cato Manor have Manor which is to accommodate roughly source of air pollution will be mostly from important 200 000 people as well as other industrial public transport and the informal taxi and commercial activities. South Africa is a industry. repercussions for fairly dry country, with rainfall below the the rest of Durban world average. The overall South African demand is predicted to outstrip the conventional sources of supply by the year • Natural vegetation 2020 (Ramphele 1991). As a direct result of The natural vegetation in South African the potential seriousness of the water cities is under constant attack. Vast areas of quantity problem, an effective management ecologically significant open space are plan will have to be implemented for Cato cleared for lateral growth of cities. In the Manor. absence of energy or building materials, the natural environment is utilised. The threat of water quality should be a priority issue for planners in the Cato Manor Park has a vital ecological role development of Cato Manor. The area is to play for the Durban Metropolitan Open traversed by the Umkumbaan catchment and Space (D'MOSS) plan, which aims to create the potential pollution of this river system an open space system which 'integrates the has repercussions for the rest of needs of recreation, conservation, amenity, metropolitan Durban, as well as the engineering services and security with a low KwaZulu-Natal coastline. cost structure' (Director, Parks; Gardens and Recreation Department 1989). Cato Manor The high incidence of squatting in the area Park serves as a linking park designed to Cato Manor Park also poses a serious threat to water quality. unite the parks in the southern and northern represents the When urban water supplies are not provided, areas into one system. last opportunity people naturally gravitate towards natural to establish water sources - such as the Umkumbaan According to Roberts (1992), this 'linking is biogeographical canal. When sewerage facilities are important to ensure floristic continuity and landscape inadequate, chronic pollution quickly across the urban landscape.' In the planning continuity in the occurs. There is a real and increasing of GCM, cognisance must be taken of the municipal area possibility of epidemics of cholera, fact that Cato Manor Park represents the last gastroenteritis, dysentry, parasitic and only opportunity to establish infections, typhoid and bilhazia affecting north-south biogeographical and landscape millions of people outside the GCM area. continuity in the municipal area.

INDICATOR SA Vol 13 No 3 Winter 1996 87 (IBBHIiOHCEtro CCGMSCEE Poverty and Conclusion incorporation of a sustainable development inequality force framework in the Cato Manor development people to use This brief review of some of the major as well as other developments of a similar their environment threats to the natural environment posed by nature. However, the road to sustainability the development of Cato Manor raises a in an will not be a smooth one. Policy regarding number of issues central to urban urban restructuring will have to take on unsustainable management in South Africa. Foremost board - as priority issues - the challenges of way among these is the lack of effective partnerships with communities, environmental policy to guide development environmentally sensitive planning, and the in Durban and regionally, which detracts legacy of institutional fragmentation. IFgfij from the attainment of a holistic approach to development. There is no baseline from which to work, resulting in an ad hoc, and REFERENCES often reactionary approach towards the Bartone C (1991) 'Environmental Challenge in Third World Cities', Journal of the American Planning Association environment. 57(4). Clark A (1994) Sustainable Cities in Post-Apartheid South Africa. Unpublished report written for the IDRC. Enabling all people to be citizens of South Day S and Chetty T (1993) 'Planning Initiative for Greater African cities is the first step towards Cato Manor', Monitor (16). sustainable urban development. As long as Director, Parks, Beaches and Recreation Department (1989) D'MOSS: Durban Metropolitan Open Space poverty and inequality persist, people will System. Durban Parks, Beaches and Recreation be forced to continue using their Department. Girardet H (1992) The Gaia Atlas of Cities. New Directions environment in an unsustainable way. for Sustainable Urban Living. Gaia Books Limited, Providing a minimum level of basic rights London. and services to the population is a first step Greater Cato Manor Development Forum (1992) A Policy Framework for Greater Cato Manor - Final Draft. towards addressing the 'brown agenda' and Roberts DC (1992) Open Space Planning in the greater ensuring sustainability in South Africa's Cato Manor Area - With Particular Reference to the D'MOSS Plan. Unpublished report submitted to the cities. CMDA. World Bank - Urban Development Division (1993) Toward Environmental Strategies for Cities - Policy The period of transition in South Africa has Considerations for Urban Environmental Management in provided the opportunity for the Developing Countries. Strategy Framework Paper.

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