Friday, 12 September 2008

The Jacob Zuma Debacle



The JZ (Jacob Zuma) debacle has caused a lot of hurly-burly about fears of the ruling party riding rough-shod over the constitution of the country to save the ANC president from prosecution for corruption charges. It has fostered different views from different people for various reasons. For instance, Hellen Zille—the leader of DA and mayor of Cape Town—in a talk she gave at Wits School of Law in July, was of the opinion that the ANC is divided amongst 'verligtes' (the enlightened, who wants reform) and the 'verkramptes' (who wants to continue the modus operand of Liberation Movement) 'Broedertwis' she said, divides the ranks of the ANC like the old National Party towards the end of its rule.



Madam Zille further conjectured that there were constitutionalists within the ANC who've more in common with the DA than they do with the anti-constitutionalists (read Zuma supporters) in their own party who are power hungry and prepared to do anything to achieve their goals. One understands the bases of the fears for eccentric repeal of the constitution, but to project these concerns as if they were reality is paranoia. The constitution bent twig snaps back in the face of those who use to foster scare mongering tactics. It is rather fresh to hear people who are prepared to change the constitution when it suites their purposes and inclinations, like the case of death penalty, suddenly take the sacrosanct stance towards the constitution. We need to learn, in the words of Barack Obama, not "to simplify and stereotype and amplify the negative to the point that it distorts reality."



Madam Zille says the ANC, through the revolutionary movement ethos, is failing to achieve the next step of development, which she calls the limitation to its power to promote constitutionalism. This deliberate misuse of facts is worrying. Has the ANC, despite gaining the majority that legally allowed it to change the constitution, elected to exercise that right? I'm not promulgating that majority rule must mean the creation of a one party government with unlimited powers that overrides general laws for a specific purpose of party politics. But a majority rule does mean the ruling party is allowed to design 'outcome-based' laws with specific purposes or remedy in mind when the occasion arises. France and Italy have recently done it to protect their leaders, and we didn't here any large outcry about it.



There's a tendency in this country of projecting the constitution as a sacrosanct tablet revealed to the enlightened few at Mt Sinai, and not the product of reflection by the people for guidance towards the protection of people's freedom. Alexander Hamilton, in his book, the Federalist, set out to explain what the Constitution of 1787 in his country was all about: "To decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force." Reflection and choice are the operative words here. The constitution, for it serve meaningful purpose, must serve the needs that promote the stability of the republic.



Indeed, had JZ been a man of sterling integrity and responsibility he who would not have qualms taking the nation into confidence by doing one or two things, rather than this waste of taxpayer's money in protracted legal evasiveness. He could say; 'Yes, I've been involved in some very bad judgements through the influence of my financial advisers. For that I beg your pardon, and ask that the country give me second chance to pay back the debt I owe it.' Then those in government would have to devise means to pardon him in honouring the clear wishes of the majority. Or, if he's convinced of his innocence, he must not make himself available for the presidency of the republic until he clears his name. And now that he has won yet another historic battle in court, are we ready to let him govern?



With the risk of sounding sententious, JZ is a man of serious faults; weakened by moral short-comings and corruption shenanigans due to his indiscriminate associate with shady characters. But the majority within the Tripartite Alliance seem to want him as their president. The rest of us, if we respect majority rule, have no choice but to accept that. Naturally, there'd be those who'd say that would be giving in to political blackmail by JZ cabals. So what? What else is new in politics? We've been blackmailed by the National Party's army generals into establishing means of pardon for the nefarious deeds of the apartheid security forces and we caved in, for the stability of the country. We're blackmailed by different groups for different reasons all the time; if not threatening to take their skills and money outside it's another thing. And we give in, for the sake of the country.



As for what madam Zille wishes that "We have to bring party formations in line with the new reality, the real political divisions of our time. The biggest barrier to this process is the democrats in the ANC who believe their party is redeemable. It is not." No! The biggest barrier is the politics of grovelling within opposition parties, and the attitude of cynical self-involved pessimism of a South African liberal mind. The political realities of this country rest deeply on socio-economic factors. For one, the majority of the constitutionalists within the ANC are social democrats who do not believe in radical liberation of economics without meaningful state regulation. What madam Zille and her cabals do not see is what is about to happen in this country. French historians call it, le passage à l'acte; the moment when a recently free society passes into revolutionary violence. The confluence of negative forces, like post-oppression trauma, poverty and Frantz Fanon's 'motherless rage' are already precipitating it.



Still, no matter how gloomy the situation maybe, it is nothing compared to the mostly torturous, even murderous, complex course other countries, especially in Western history, had to undergo to achieve transformation to proper democratic states. Yes, now is a difficult time of introspection, even disenchantment in our country. Yes, the vulgar element breeds political weariness and disappointment. But I've a feeling this country will gain instead by going through this experience. The ruling party, with all it faults, is facing things head on, which is more than can be said about other parties who think dwelling on ivory towers, waiting for the 'barbarians' to gain insight into the 'enlightened' liberal point of view is the way to go.

The sooner we let Zuma govern the better it be for all of us.

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