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Important Announcements

Anti-Corruption Youth Essay Competition:“Fighting

Corruption in Africa: a Youth Perspective”

 

African Union Advisory Board on Corruption

 

UNITED NATIONS

ECONOMIC COMMISSION FOR AFRICA

 

Anti-Corruption Youth Essay Competition:

Fighting Corruption in Africa: a Youth Perspective”

 

Are you an African youth concerned about corruption on the continent?

Have you or anyone close to you been a victim of corruption?

Do you believe your future is in any way threatened by corrupt practices?

Would you want your voice to be heard on the issue of corruption?

And do you have a passion for writing?

 

Then you should seriously consider participating in this year’s ‘Anti-Corruption Youth Essay Competition,’ co-organized by the Governance and Public Administration Division (GPAD) of the United Nations Economic Commission for Africa and the Secretariat of the African Union Advisory Board on Corruption (AU-ABC). This is within the framework of annual festivities to mark the International Anti-corruption Week, which is a major item in the Regional Anti-corruption Programme for Africa, developed by the UNECA, in collaboration with the AU-ABC.

 

The Regional Anti-corruption Program for Africa aims at up scaling the fight against corruption on the continent with a view to ensuring a corruption free, better governed and economically prosperous African continent.

 

As you are well aware, corruption negatively affects all segments and groups in society, particularly the youth, who constitute the majority in many African countries. This essay competition is therefore intended to serve two main purposes: firstly, to establish the level of awareness, among African youths of the manifestations and impact of corruption; and secondly, provide a platform for African youths to present their perspectives on the causes, manifestations and impact of corruption and corrupt practices.

 

This year’s theme is “Fighting Corruption in Africa: A youth Perspective” If you have a story or an experience to share relating to this theme, this is a wonderful opening for you – make your submission and let your voice count.

 

The authors of the best three essays will be flown to the host city for the 2012 International Anti-corruption Week, to directly take part in the festivities. More significantly, the five leading authors will participate in a final competition, during which they will make oral presentations (of their essays) to a panel of judges, who will select the three top winners who will then receive special awards from African dignitaries and officials from the two convening institutions.

 

Eligibility Criteria:

 

-       Applicants must reside in an African country

-       Applicants must be currently attending secondary or high-school

-       Essays must be between 4-7 pages long (single line spacing)

-       Submissions must be the unaided work of applicants

-       Submissions should be either in English or French

-       Applicants must be willing and fit to travel

 

To submit an entry:

 

Email your essay with your name, age, school, country of origin, and contact information (email address, telephone number) to: John I Gbodi (e-mail: Gbodij@africa-union.org) and copy Francis Ikome (e-mail: fikome@uneca.org.

 

 

The deadline for submission is: 15th August 2012­­­­­­­­­­­­­­­­­____________________

 

 

   

UNITED NATIONS

ECONOMIC COMMISSION FOR AFRICA

     

African Union ADVisory board on corruption

 

  

Concours d’ Essai de Jeunes sur  la Lutte contre la Corruption:

“La Lutte contre la corruption en Afrique: La Perspective des Jeunes”

 

Etes-vous jeune Africain concerné par la corruption sur le continent?

Avez-vous personnellement ou un proche de vous , été une fois victime d’un acte de corruption?

Pensez-vous que votre futur est de quelque façon menacée par des actes de corruption?

Voudriez-vous que votre voix soit entendue sur le problème de la corruption?

Avez-vous de surcroît la passion d’écrire?

 

Alors, vous devriez sérieusement envisager de participer au Concours d’Essai de Jeunes sur la lutte contre la corruption, organisée cette année, par le Département de la Gouvernance et l’Administration Publique (DGAP) de la Commission Economique des Nations Unies pour l”Afrique (CEA) et le Secrétariat du Conseil Consultatif de l’Union Africaine sur la Corruption(CCUAC). Ce concours s’inscrit dans le cadre de la commémoration annuelle de la Semaine Internationale de Lutte contre la Corruption, qui constitue une activité majeure du Programme Régional de Lutte contre la Corruption, développé par la CEA en collaboration avec le CCUAC.

 

L’objectif du Programme Régional de Lutte contre la Corruption est d’accélérer la lutte contre la corruption sur le continent aux fins de bâtir une Afrique épargnée de corruption, une Afrique mieux gouvernée et une Afrique économiquement plus prospère.

 

Comme vous le saviez certainement, la corruption affecte négativement, plusieurs secteurs et groupes de la société, et plus particulièrement la jeunesse, qui constitue la majorité de la population dans plusieurs pays en Afrique. Ce concours d’Essai a donc pour but d’une part de s’enquérir du niveau de prise de conscience des jeunes sur l’existence et les conséquences  de la corruption et d’autre part, de fournir une plate-forme aux jeunes aux fins de présenter leurs perspectives  quant aux causes, manifestations et conséquences de la corruption et de ses pratiques.

 

Le Thème choisi pour l’Essai cette année, est: “La Lutte contre la Corruption en Afrique: La Perspective  des Jeunes”. Si vous avez une histoire ou une expérience sur ce thème et que vous voudriez partager avec les autres, voici alors une occasion propice. Faites votre contribution et faites entendre votre voix.

 

Les auteurs des trois (3) meilleurs essais feront le voyage en avion sur la capitale Africaine qui a été choisie pour la commémoration,  cette année 2012,  de la Semaine Internationale de Lutte contre la Corruption, pour y participer. Auparavant,  les auteurs des cinq (5) meilleurs essais, participeront ā une compétition finale, oū ils seraient priés de faire une présentation orale de leurs textes, devant un jury qui sélectionnera les trois meilleurs, qui recevront ensuite divers prix de la main de hauts dignitaires Africains membres des deux organes organisateurs.

 

Critères de selection:

 

 

 

CASAC Media Statement National Prosecuting Authority is in crisis

22 May 2013

The National Prosecuting Authority (NPA) is in crisis. Its public credibility lies in tatters in the wake of a spate of seemingly botched recent cases. These include:
• the dropping of charges against the prime accused in the murder and rape of Anene Booysen
• the acquittal of the police officers charged with the murder of Andries Tatane
• the failure to secure more than 2 minor convictions and a custodial sentence against J Arthur Brown of Fidentia Asset Management

CASAC Chairperson, Sipho Pityana says:
“When considered together with the controversial decision by the former Acting Head of the NPA, Adv Mokotedi Mpshe, to drop charges against President Jacob Zuma, as well as the failure to prosecute charges of corruption against Richard Mdluli which is linked to the suspension of Adv Glynnis Breytenbach, this paints a bleak picture of the NPA. It suggests a toxic mixture of undue political influence and the incompetence of prosecutors.”

This crisis in the NPA is compounded by the absence of effective leadership and low morale. The NPA has been operating without a properly appointed permanent National Director of Public Prosecutions since Adv Vusi Pikoli was suspended in September 2007. Mokotedi Mpshe was then appointed as Acting NDPP until the appointment of Adv Menzi Simelani which was subsequently declared invalid by the courts. Adv Nomgcobo Jiba has since been the Acting NDPP.

The failure to successfully prosecute these cases, and perhaps many others that we are unaware of, also calls in question the capability of the SAPS to properly investigate cases and collate evidence.
The capability of the State to tackle the twin evils of crime and corruption rests with these central organs of the criminal justice system.

CASAC calls on President Zuma to prioritise the appointment of a suitably qualified fit and proper person as the National Director of Public Prosecutions. The institutional capacity and effectiveness of the NPA needs to be enhanced so that the public can have confidence in this key structure that is tasked by the Constitution to prosecute crimes in the name of the people of South Africa. Failure to do so will only lead to further erosion of respect for the rule of law.

Enquiries:
Lawson Naidoo
073 158 5736

Launch of the Kader Asmal Human Rights Awards

CASAC is proud to announce the Launch of the Kader Asmal Human Rights Awards
28 May 2013, UWC Library Auditorium, 18h30

Speaker Justice Albie Sachs
RSVP 021 685 8809 or info@casac.org.za
limited seating available

Response of the NPA to the acquittal of the police officers in the Andries Tatane murder case

Media Statement
4 April 2013

The response of the NPA to the acquittal of the police officers in the Andries Tatane murder case does little to restore confidence in the National Prosecuting Authority. Adv Thoko Majokweni, a Deputy National Director of Public Prosecutions announced that the State will not appeal against the acquittal of the accused in the Tatane case.
The weak response from the NPA seeks to shift the blame for the acquittal of the police officers to the Independent Police Investigating Directorate (IPID). The response does little to suggest that the NPA did everything possible to ensure a successful prosecution. The NPA did not, for example, reveal why they did not pursue the unedited film footage from the SABC; they merely state that the edited footage was not admitted as evidence.
The NPA attribute the failure of the prosecution to the unreliability of witnesses and the strength of the investigation conducted by the IPID; they also suggest that IPID intimidated the witnesses to ‘co-operate with the IPID investigation. One would have thought that police officers are under a duty to be truthful and to ensure that the law is respected, even by fellow police officers.
In a scene that epitomises the confusion reigning in the NPA, two versions of the NPA media statement were circulating at the media briefing; the earlier version suggested that those police officers who ‘recanted’ their initial statements to IPID when giving testimony would not be charged with perjury because they had not deliberately lied under oath. However just before addressing the media the NPA had a change of heart and announced that they will be launching an investigation into whether perjury charges should be preferred against the two police officers who changed their stories.
CASAC Chairman, Sipho Pityana said:
“This last minute about-turn was obviously intended to provide a fig-leaf behind which the NPA could hide its gaping embarrassment at having failed to successfully prosecute the case against the police officers who killed Andries Tatane, and which the whole world witnessed on its TV screens. This is too little too late and will not placate the nation and the family of Andries Tatane.”
The suspicion is ripe among many South Africans that there has been collusion between the SAPS, IPID and the NPA to frustrate the prosecution of the police officers in this case.There is little to suggest that the SAPS and the NPA did all they could in this case. As is becoming evident from the testimony of National Police Commissioner, Riah Phiyega at the Marikana Commission of Inquiry, the SAPS will do everything to protect their own, and to avoid any political, managerial or criminal liability for transgressions by members of SAPS.
Will anyone be held accountable for the murder of Andries Tatane?
This case also brings into focus once again the effectiveness of the National Prosecuting Authority, a key institution in the criminal justice system. It is five and a half years since the NPA had a properly appointed permanent National Director of Public Prosecutions when Adv Vusi Pikoli was at the helm. Since then we have seen Acting NDPP Adv Mokotedi Mpshe, the invalid appointment of Menzi Simelane and now another Acting NDPP in the form of Adv Nongcobo Ziba.
It is time that President Zuma appoints a properly qualified, fit and proper person to lead the NPA and restore the faith of the public in this institution to bring criminal cases competently, and without fear, favour or prejudice. Failure to do so will lead to further erosion of the rule of law in South Africa.

Enquiries:
Lawson Naidoo
Lawson@casac.org.za
021 685 2364
021 685 8809

HUMAN RIGHTS DAY STATEMENT

20 March 2013

In the year since the last Human Rights Day, our world has changed dramatically. South Africa is no longer the country it was a year ago. We have entered a precarious new period of our history in which some of our worst nightmares return to haunt us.

On 17th August last year, we woke up to a South Africa over which a dark shadow had been cast by a police force that had mown down 34 protesters at Marikana.

As CASAC’s Chairman Sipho Pityana said on that day:

“The photos of the bodies of dead protesters filled me with horror and I was forced to ask myself: Is this 2012 or is it 1985 or even 1976?”

Of course, 21 March is the date chosen as Human Rights Day because of the Sharpeville Massacre of the same date in 1960. And so, now, in 2013 we are forced to face the fact that history has repeated itself – this time not under an illegitimate, Apartheid government but under a democratically elected government.

Sadly, the Marikana Massacre was not the only terrible event to scar the nation in the past 12 months.

Most recently, the grotesquely brutal treatment of Mido Macia by the police, in broad daylight and in full view of scores of witnesses, proved how deeply rooted the culture of violence and abuse of human rights is within our police force.

Sipho Pityana said today:
“The leadership of the SA Police Service has yet to show the appropriate level of remorse and a willingness to take responsibility for what has happened. The testimony of National Police Commissioner, Riah Phiyega before the Marikana Commission of Inquiry on 19 March did little to change this perception. They do not appear able or willing to acknowledge the seriousness of what has happened and the harm that such human rights abuses do to the reputation of South Africa and its prospects of securing dignity and prosperity for all. “

Earlier this year, the savage rape and murder of Anene Booysen shocked a nation – a horrific reminder of the extent to which gender-based violence is endemic in our society.

We fear that these events represent the tip of an iceberg that threatens to undermine our democratic constitutional project.

Urgent action is required.
So, just as happened in 1960 after Sharpeville, we must mobilize support for human rights and challenge those who perpetrate abuses of human rights.

Human Rights Day 2013 must mark the start of a new period in which we collectively re-commit to the vision of the constitution and the values of human dignity, equality and freedom that underpin it.

As retired Justice Zac Yacoob said earlier this week:
“The passing of the Constitution does not mean we have the true recognition of human rights in our society … the fact that the Constitution guarantees them does not mean that we have them. We need to change ourselves and ask whether we are truly non-racial, non-sexist … we do not wish to live in a society where vulnerable people are trampled upon…”

We must say, as we once said before: No More!

No more Anene Booysens! No more Andries Tatanes! No more Mido Macias! No more Marikanas!

The leadership of our country – in government and in the private sector – must stand up and be counted.

Where necessary, as in the case of the police services, they must be held to account.

Above all, the Bill of Rights must be respected.

Enquiries:
Lawson Naidoo
073 158 5736
Lawson@casac.org.za

Anene Booysen: A mirror of our society

Article published in the Sunday Indenpendent – Nomboniso Gasa (CASAC Programme Manager)

It is a struggle to make sense of the enormity of the death of Anene Booysen. Many have expressed outrage, anger and pain. Across the country, people ask, for how long can we let this continue?

Inspired by the public response to the rape and murder of Joytri in India, some are urging South Africans to rise in their millions and say “enough is enough”. For many, it seems, we South Africans have become desensitised and even indifferent to the crimes perpetuated against infants, girls, children, women and the vulnerable in our society.

Read more: http://www.iol.co.za/sundayindependent/anene-booysen-a-mirror-of-our-society-1.1467392

Stop the culture of violence: Enough is Enough

Media Statement – 10 February 2013

CASAC expresses its deepest condolences to the family of Anene Booysen and the Community of Bredasdorp.

As a nation, we reel with anger and shock at this gang rape, mutilation and murder. This reminds us yet again of the continued presence of rape and other forms of sexual violence in our country.  Booysen’s death comes less than a year after reports of a teenager who suffers from mental disability was repeatedly gang raped in her community in Braamfischerville.

The year 2013 has hardly started and South Africa when we heard of the rape of a student of Tshwane University of Technology inside the premises of that institution as she and her friends tried to secure a place in the admission line early in the morning.  The university authorities and the political principals of higher learning did not find it necessary to make any comment on this incident.

The tragic death of Booysen took place a few days after reports surfaced of a 13 year old from Limpopo who was married off to a healer.  Her parents, it appears, accepted R5.000 as lobolo for the young girl who is said to suffer from epilepsy.

CASAC is heartened to see the outpour of grief and solidarity of South Africans from all walks of life after the Booysen outrage.  We are also encouraged to see the police have moved swiftly in their investigation which has seen three suspects arrested for their alleged involvement in the rape, mutilation and murder of Booysen.  We have also noted their swift action in the case of the 13 year old in Limpopo.

Nomboniso Gasa said:

“The high prevalence of rape and other forms of sexual violence raise fundamental questions about the Criminal Justice System in South Africa.  There are hard and urgent questions that must be answered.  Firstly, we must ask why, do we have such low levels of arrest and conviction of those responsible for these crimes?  Why does it take so long for these cases to be resolved to an extent that in many instances, witnesses who were initially willing to come forward can no longer be found? Why is the criminal justice system failing South African children and women?  What signals are being sent to rapists and others who molest children and women, if the conviction rates are so low?  Does this not in fact, undermine the constitutional right that every citizen has to life and to live without fear? “

This is a time to mourn the loss of Anene Booysen and many other victims of sexual violence and abuse, who have remained nameless and whose experiences have been unreported.  It is also a time to express alarm over the increasing brutality of the already violent crime of rape in South Africa.  Anene Booysens mutilation confirms once again, that rape is not a crime of sex but a crime which uses sexual violence to exert power and subjugate another.

This multiple violation lays bare the centrality of violence in the lives of South African people.  To address this pandemic, we must ask questions about the very foundations upon which South African society is built.  Why are our levels of rape and other forms of abuse of girls, boys, children, women (including elderly women) so high?  We ask: ”What is it about South African society which promotes this culture of abuse?’’  Considering the alarmingly high levels of rape, to what extent is it a central focus of South African government?  What support is given to NGOs and other structures who work for the creation of a supportive environment for those who have experienced violence and abuse?  How much does our society invest in promoting the safety of children and women?

What drives men to commit these unspeakable crimes?  How do the leaders of this society, including those in government, faith communities and others, play in ensuring that the values of human dignity and the rights of all persons are respected?  Is it possible that the leaders of this society have not spoken with sufficient strength and frequency about sexual violence as a crime that is prevalent in our society?

South Africa needs to examine the multiple factors that are at play that may promote sexual violence and abuse in our society.  These include the failure of the Justice System and the silence and denial of the crisis that is central in the lives of many South Africans.

Long after this young woman has been buried and the accused have been brought to trial, South Africa will need to confront its culture of violence.  As a country, we need to examine the forms of abuse and violence, including indirect violence and see how all these feed into the culture of impunity.  We need to look closely at the way in which victims and survivors are treated; the secondary and multiple forms of victimization that endure when those violated seek recourse in the criminal justice system.  Each of these factors, need to be addressed with greater urgency than we have seen until now.

The Chairperson of CASAC Dr. Sipho Pityana said:

“South Africa send a clear message to rapists South Africans deplore their acts of violence.  The culture of sexual violence which is deeply embedded in our society requires a structural intervention that makes the freedoms enshrined in our constitution a reality for all us. We will monitor progress in this and other cases. ”

CASAC will join the community of Bredasdorp and South Africans from all over in the march & say loud and clearly “enough is enough”.

For further comment:

Nomboniso Gasa – 083 451 9321

CASAC challenges DA over "disingenuous position on party funding"

The toxic subject of political party funding continues to contaminate our politics and undermine the Constitutional principles of accountability and transparency, as recent scandals involving both the ANC and the DA have again shown.

For progress to be made in addressing the issue, both parties must adopt positions based on principle and not expediency. DA leader Helen Zille’s statement that the DA will introduce regulatory legislation requiring the disclosure of donations made to parties only when it “comes to power” is disingenuous and disappointing, says the Council for the Advancement of the South African Constitution (CASAC).

Speaking in Cape Town today, CASAC Chairman Dr Sipho Pityana said:

“Helen Zille’s position is disingenuous. The DA is already in power – in the City of Cape Town and the Western Cape provincial government. It is even more important that we know who funds them.With power comes responsibility and it is time the DA accepted that the public is sick and tired of this issue. Trust in elected leaders and their political parties is rapidly declining, threatening our hard-won democracy.”

There is no evidence that donors to the DA will suffer reprisals. When AngloGold Ashanti decided to declare its donations to the DA it suffered no such reprisal. In fact the then Secretary-General of the ANC, Kgalema Motlanthe, congratulated AngloGold on adopting such a principled position.

 CASAC calls upon all political parties to take immediate action to regulate political party funding now, before the start of the 2014 election campaigns. It must be recalled that political parties declared to the Cape High Court in 2005 in the case brought by Idasa that they will introduce appropriate legislation to regulate party funding. They have to date failed to abide by this promise. The ANC has also at its Polokwane Conference in 2007 adopted policy positions in favour of the regulation of political party funding.

Executive Secretary of CASAC, Lawson Naidoo, added:

“There is no reason for further delay. The issue is clear; the policy options are well spelt out; the necessary research has been conducted. We cannot afford to go through another whole election cycle with dodgy donor secretly donating so as to secure elicit benefits from parties that govern over us – the DA as well as the ANC”.

 

For further comment:

Lawson Naidoo – 073 158 5736

CASAC Submission to the Marikana Commission of Inquiry

Media Statement – 24 January 2013

The Council for the Advancement of the South African Constitution (CASAC) made a written submission to the Marikana Commission of Inquiry on 23 January 2013. The submission is located within the context of the promotion of civil liberties as enshrined in the Universal Declaration of Human Rights and the South African Constitution.

The submission deals with the following issues:

 Whether it can be inferred that a policy of “maximum force” has been introduced into the operational practice of the SAPS;

 Whether there is a direct or indirect causal link between the articulation of such a policy and the events at Marikana on 16 August 2012;

 Whether statements made by Cabinet Ministers and National Police Commissioners regarding the use of force by SAPS have contributed in any manner to the events at Marikana on 16 August 2012.

The submission details a shift in the attitude and approach of government towards the Police, from a ‘service’ to a ‘force’, the militarization of the police and encouraging a greater use of force. It refers to a series of public statements by the President, Minister of Police, Deputy Ministers of Police and various National Commissioners of SAPS, to illustrate that there is a causal relationship between what is said by such leaders and what is done by police officers.

CASAC asserts that a ‘doctrine of maximum force’ became established within the SAPS contrary to the principles of proportionality and necessity and in violation of the law.

The CASAC submission highlights a period dating from approximately January 2011 when a policy of encouraging greater use of force was advanced. It is argued that government initially pursued this policy in the belief that it would provide a solution to the problem of (violent)

crime. However since January 2011, the policy also involved the application of greater levels of force, including lethal force, to address the phenomenon of large numbers of service delivery and labour protests.

CASAC Executive Secretary, Lawson Naidoo, said:

“The concept of maximum force should have no place whatsoever in the policing of democratic societies. It is rather uniformly accepted that the principle that should govern the use of force by police is the principle of minimum force.

We submit that it is the responsible officials of government, including the relevant members of cabinet and senior officials of SAPS who authorised the police operation to disarm the striking miners, who bear direct responsibility for the massacre, and should be accordingly held to full account.”

CASAC has offered to provide oral testimony to the Commission to support its submission.

Please email for a copy of the submission.

 

A stormy transition to a new order

South Africa is squandering its opportunity to break the stereotype of failure and be a great successful African nation. The ruling alliance has conceded, to an amorphous vacuum, the moral high ground that enabled it to dominate our country’s polity, consequently a turbulent transition to a new phase is upon us. Unless, progressive forces are marshalled to reclaim this space, our country faces a bleak future. The nature and character of that transition will depend on the ability of the institutions of our democracy to withstand this most unprecedented test.

The National Development Plan the state’s new roadmap designed to get the country back on track might gather dust in the face of internal contestation both within government and the ruling alliance. Even the much talked about infrastructure programme, aimed at stimulating the economy, is struggling to get off the ground as a result of state’s incompetence and other shortcomings.

Governance is either dominated or captured by the forces of the “low dirt road” which have consequently placed our society in an invidious, unenviable and dangerous socio-political space. The “low dirt road” is characterised by a propensity to populist pander, empty promises, blatant corruption, an inclination to undermine the constitutional order and the rule of law, and a substitution of dialogue for intolerance, violence and brute force.

The performance scorecard of government is a litany of broken promises that have resulted in a credibility gap. At a time when the world was entering a recession, the masses were promised jobs, as was to be expected employment declined. The dysfunctioning of our public education system, particularly in black communities, gained increased momentum. Only the dropping of the pass mark (to 30%) accounts for an increase in the number of those who pass matric, but many neither qualify for a place at tertiary education institutions nor employment.

Although some crimes have reportedly dropped, organised crime and corruption have increased with a crippling effect on society. Although our HIV/AIDS programme has gained traction, quality public health system has deteriorated unabated. Rural development has been reduced to Nkandlaville. Poverty and inequalities are said to be the main challenge, yet self-serving conduct has seen the political elite emerge as a privileged class while the lot of the poor worsens.

The administrative capacity of the state has deteriorated due to favouritism, nepotism and the undue influence of political factionalism that has resulted in mindless cronyism. The state bureaucracy is cobbled by a rudderless and self-serving political diktat. A powerful political and trade union associated click call the shots in a way that has undermined the confidence and authority of the leadership of the bureaucracy. This has been compounded by corruption that has seen an increased number of both politicians and public servants getting involved in business with both the state and private sector. Consequently, an incompetent state has emerged with destabilising effects on society.

Predictably, a restive public has resorted to service delivery protests which soared to unprecedented levels in 2012 since the dawn of our democracy; as well as a labour relations mayhem at the heart of which is a fight against widening inequalities. There are signs of a deepening crisis of confidence in both the leadership of the country and government. We are likely to see more of these in the next few years as the country searches for alternatives.

Disappointingly, the ANC government’s reaction has been a systematic assault on hard earned civil liberties including the media, free expression and assembly, militarisation of the police and their consequent less restrained use of lethal force resulting in the death of Andries Tatane in 2011 and over 34 mine workers in 2012 and possibly many more in future. Shockingly for a human rights based society that South Africa is, deaths in police hands, either during arrest or in custody compares to those of the apartheid era.

This has been accompanied by the muzzling, to partisan role, of the institutions of the criminal justice system including the police, intelligence, prosecutions and various investigative units. Unprecedented pressure is also being placed, so far unsuccessfully, on the judiciary to act similarly. Hence the proposed review of the decisions of the Constitutional Court and the Supreme Court of Appeal. All this in order to create a ring of steel to insulate a corrupt powerful political elite from the reach of the law.

This has been accompanied by the emergence of ” zones of illegality” in state conduct. These include repeated exposure of brutal police conduct and their alleged undermining of investigation of these by the Independent Police investigative Unit; an attempt to unconstitutionally extend term of office of the Chief Justice, the National Prosecution Authority (NPA) failure to comply with an order of the Supreme Court of Appeal to hand over information that informed its decision to drop charges against President Zuma; Department of Education’s failure to comply with a court order to deliver textbooks in Limpopo schools; illegal denial of rights of assembly and free movement, and many others.

Simultaneously, institutions established in terms of Chapter Nine of the Constitution in order to defend our democracy are being marginalised or neutralised. Similarly, parliament’s role in holding the Executive accountable has been drastically eroded since 1994. All of this represents a systematic closure of political space and erosion of our democratic gains.

Notwithstanding its progressive policies, in government, the ANC seems firmly on a conservative trajectory. This is evidenced among others by a hesitant and unenthusiastic efforts to deal with the scourge of corruption, attempts to retreat to secretive unaccountable governance of the apartheid era, a clampdown on civil liberties including media, assembly and expression, the introduction of the Traditional Courts Bill which seeks to disenfranchise women in rural areas and reverse their constitutional rights, the attacks on the independence of the judiciary and C9s and the rise of police brutality on a scale reminiscent of the apartheid era.

The politics of money are confounding our democracy as illicit beneficiaries of the new order are determined to bankroll it. Even the ANC leadership, in its acknowledgement of this problem, fall short of conceding that the organisation is captured by the dark forces of money and corruption.

Although, the opposition leader in the Democratic Alliance has claimed a lot of the moral high ground abandoned by the ANC, the other opposition parties have been constrained by lack of resources, capacity and in some instances damaging internal divisions from doing the same; their cause notwithstanding.

COSATU, which in very difficult conditions seemed to be the only remaining Alliance pillar holding on to the values of the liberation movement is buckling under a systematic assault to toe the line, hence the internal divisions. The deep divisions in the National Union of Mineworkers (NUM) which have seen the emergence of alternative worker formations are a sign of things to come for the federation. We have now entered an era of unstoppable breakaway unions across sectors evidenced by about eight such unions formed in the recent period. These developments are likely to be accompanied by violence as the rhetoric of intolerance grows.

With the hegemony of the ANC broken, a COSATU that is aligned to the former cannot avoid the contagion of a political meltdown. Incapable of quickly assuming an independent identity, it has left a fertile ground for an alternative force to emerge. Simultaneously, a powerful civil society has emerged, capable of pushing the boundaries mounted by those seeking to close the political space. Although not aligned, this grouping has often been on sharp end of the wrath of government and some leaders in the ANC and the SACP. Yet, it’s voice resonates with many in the leadership of the Alliance, honest and courageous enough to acknowledge that they breathe a desperately needed perspective on who we set about to be as a society and movement.

It is these and many other moving parts that suggest that the momentum of the country’s politics is no longer only determined by the developments in the ANC, but importantly, by the outcome of the machinations outside of it. However, the outcome of the of the ANC conference which is held every five years to elect its leaders, to be held in Mangaung on 16-20 December, would most probably impact on the pace and character of these developments. In this context, the postulation of a DA alternative is likely to prove

These are signs of a democracy alive, healthy and robust. They attest to a society undergoing its inevitable and thoroughgoing political realignment. That they have been accompanied by growing language of intolerance which has often resulted in violence including within the ANC, inter-party and intra-party particularly in Kwa-Zulu Natal, among workers and elsewhere is a great concern. Even the glorious liberation army’s veterans group MKMVA is being reduced into a vigilante group operating parallel to government security forces; a frighteningly dangerous phenomenon for our democracy.

All of these socio political developments have been compounded by a the severe challenges that the economy is facing. The biggest challenge is the labour market distortions that are reminiscent of the apartheid era. High unemployment of between 25% and 36%; a disturbingly high level of skills shortages that is accentuated by the failure of the education system; persistent workplace discrimination. All of these have resulted in low levels of productivity, widening income gap and inequalities and a large number that has to rely on social grants for survival.

The low levels of growth since 2009 at about 2.2% on average against 6.5% required in order to meaningfully reduce unemployment. Growing imports that exceed exports resulting in a increasing balance of payment deficit. Together with the rise in social security spending and a budget deficit that is growing with high prospects for a negative impact on the economy.

With increased cost of energy and transport, as a result of excessive demand for electricity and high oil prices, the growth of the economy is constrained. The infrastructure spending commitments may have to be funded with increased borrowing from the money markets. In light of the sovereign risk downgrades which was followed by similar action against some state owned enterprises (SOEs) and some blue chip companies, the rate of borrowing is likely to be high and in the long run so difficult as to result in shelving of some of these projects.

Ironically, these trying times require a single-minded leadership across society, particularly in government. The established institutions of social dialogue such as National Economic Development Council (NEDLAC) have been sidelined mainly by government. As a result, the country is singing from different hymn sheets. A nation, aware of its desperate woes, seems without a leadership to extract it from them.

This is not a South Africa of the early 1990s which in crisis had credible leadership to steer it from turbulence to sturdy waters. Yet, the great reservoir of goodwill, both international and domestic has been squandered. On your own my beloved country, you have to navigate your way out of this crisis, lest we become a basket case.

These are ominous signs for our young democracy. The greatest anxiety stems from two critical questions, will our institutions of democracy hold? Even more importantly, is it conceivable the forces of the “low dirt road” might suspend the constitution and install an absolute majoritarian rule for which they’ve been clamouring?

These are real possibilities which can only be stopped by an emergence of a countervailing force. It is urgent that a convention of progressive forces from across a broad spectrum is held, including labour, youth, religion, civic, professionals, business, culture and arts, political parties and many more. Such a gathering must address five critical issues around which to mobilise our people:

Demand the right to direct representation and choice of a leader through electoral reform. Demand a corruption free government and society. Demand employment, quality education and healthcare for all. Demand a competent developmental state in a constitutional democracy that is assured. Demand an inclusive, growing and redistributive economic order.

Our country was able to survive the worst financial crisis to hit the world because of the resilience of our regulatory framework and institutions. In the period 2002-07 saw us chip away at inequalities, erode unemployment at the same time as the economy was experiencing growth rates of over 4%. International confidence in our economy was at an all-time high with sovereign credit rating that enabled us to borrow money in international money markets at competitive rates. Our country was a favoured destination for foreign direct investments.

This situation that changed so dramatically in a short space of five years, partly as a result of the crisis in the world economy is largely a consequence of a country that is losing its way in the absence of credible leadership. The setbacks suffered in the recent period are not irreversible. Only a scrupulous, resolute and single-minded leadership and citizens determined to defend the gains of our hard earned freedom and democracy would enable our great nation to reclaim its moral high ground.

Remember, we owe our loyalty, less to leaders, people and even organisations, but to a cause which whenever it is betrayed, we have a civic duty to abandon our comfort zones and defend it. How many South Africans would convincingly deny that that moment is upon us today?

Sipho M Pityana is a former Director General in Mandela’s government, former trade unionist an ANC activist, Chairperson of CASAC and a businessman (he writes in his personal capacity).

MEDIA ALERT: BEWARE OF MISINFORMATION CAMPAIGN ON THE TRADITIONAL COURTS BILL

On 29 November a report was compiled by the Government Communication and Information System (GCIS) titled “Controversial Traditional Courts Bill Withdrawn”, written by Dennis Cruywagen.

The report erroneously states that “The controversial Traditional Courts Bill is to be withdrawn and will not be brought before Parliament any time soon. This was a unanimous decision taken at its last meeting of the year [28 November], by Parliament’s Select Committee on Security and Constitutional Development.”

The latest ANC Today Newsletter also misreports that the Bill has been withdrawn.

Members of the Alliance for Rural Democracy were present at the Select Committee meeting, on 28 November, to which the false reports refer. We can confirm that the matter of the Bill’s withdrawal was neither discussed nor decided upon.

The Bill has not been withdrawn and is currently being debated by the provinces. The provincial mandates on the Bill are due to be debated by the Select Committee next year. That the Bill remains firmly on the agenda has also been confirmed by the Select Committee’s Secretary.

“We can only imagine that the ANC is involved in a misinformation campaign aimed at misleading its own members in the run up to the ANC Conference in Mangaung. This underhanded move is precisely because rural people have consistently opposed this Bill”, says Sizani Ngubane of the Rural Women’s Movement, a member of the Alliance.

We call on the GCIS and the ANC to cease this misinformation campaign and issue the necessary corrections in regard to the status of the Bill.

Issued by the Alliance for Rural Democracy, 5 December 2012

For more information contact
• Sizani Ngubane – Rural Women’s Movement: 073 8405151
• Aninka Claassens – Law, Race and Gender Research Unit: 084 5102333

The Alliance for Rural Democracy (ARD) is a cross-section of civil society organisations sharing a common concern about the detrimental effects that the Traditional Courts Bill will have on the rural constituencies they serve and support. The ARD includes the following organisations: Association for Rural Advancement (AFRA); Centre for Human Rights, University of Pretoria; Community Law Centre, University of the Western Cape (CLC);Corruption Watch; Co-operative Policy Alternative Centre (COPAC); Council for the Advancement of the South African Constitution (CASAC);Democratic Governance and Rights Unit, University of Cape Town (DGRU); Embrace Dignity Campaign; Empilisweni AIDS Education and Training Centre; Greater Rape Intervention Programme (GRIP);Institute for Justice and Reconciliation (IJR);Justice and Women (JAW); Land Access Movement of South Africa (LAMOSA);Law Race and Gender Research Unit, University of Cape Town (LRG); Lesbian and Gay Equality Project; Masimanyane Women’s Support Centre; Open Democracy Advice Centre (ODAC);Rural People’s Movement; Rural Women’s Movement; Rural Health Advocacy Project; Section 27; Sonke Gender Justice; South African Constitutional Literacy and Service Initiative (CLASI); Students for Law and Social Justice (SLSJ); Thohoyandou Victim Empowerment Project (TVEP);Treatment Action Campaign (TAC);Triangle Project; Tshwaranang Legal Advocacy Centre (TLAC); Unemployed People’s Movement; Women’s Health Research Unit in the School of Public Health and Family Medicine, University of Cape Town; Women’s Legal Centre Trust. The Legal Resources Centre (LRC) acts as legal advisor to the Alliance.

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