South Africa's Jacob Zuma is fast running out of political lives

South Africa’s President Jacob Zuma isn’t blinking despite suffering another resounding loss in the Constitutional Court.
Reuters/Mike Hutchings

Like the proverbial cat with nine lives, South Africa’s scandal-ridden president, Jacob Zuma, may well have escaped yet again with his political life. This despite another resounding loss in the country’s highest court.

The Constitutional Court ruled that there was no constitutional bar to the Speaker of the National Assembly, Baleka Mbete, opting to employ a secret ballot in a no confidence vote in parliament. She’d originally asserted that she didn’t have the authority to make this decision, prompting several opposition parties – furious at Zuma’s increasingly dictatorial project of “state capture” – to take the matter to court.

South Africa’s judicial system continues to hold firm. This is despite the fact that there appears to be a concerted and well coordinated campaign by a group of politicians and businessmen to undermine the integrity of state institutions as well as to exploit their weaknesses to prosecute a project of self-enrichment and rent-seeking. The campaign is pivoted around the now notorious Gupta family.

Zuma has been brought to book repeatedly by the courts. In March last year, the Constitutional Court found that Zuma, as well as parliament, had violated the Constitution. It did so by failing to defend and uphold the constitutional authority of South Africa’s ombud – it’s Public Protector – who had conducted an investigation into the president’s private homestead, Nkandla. She found that Zuma and his family had unlawfully benefited. He was required to pay back nearly R8 million to the state. Yet, following a half-baked apology, Zuma held onto power.

In parliament he’s survived a number of no confidence votes mounted by the opposition. He also dodged two such attempts in the national executive committee of his own party, the ruling African National Congress (ANC) – one in November last year and most recently in late May. He’s been backed by an increasingly slender yet sufficient number of loyalists and nationalists for whom Zuma provides political cover for their populist and self-serving call for “radical economic transformation”.

Tipping point

The tipping point for the latest legal skirmish was Zuma’s reckless and apparently self-interested decision to fire South Africa’s widely respected minister of finance, Pravin Gordhan, on 30 March this year.

Despite a cold war with Zuma, Gordhan had held the line against “state capture” for 15 months after his reappointment in December 2015. And so as night follows day, Gordhan’s removal precipitated an immediate ratings’ agency downgrade. The downgrade added further pressure to an already weak economy, undermining any prospects of economic growth to address the high levels of unemployment and inequality that threaten its precarious social stability.

Once again, in response to Zuma’s ill-considered cabinet reshuffle, the largest opposition party, the Democratic Alliance, tabled a motion of no confidence in the national assembly. There has been an apparent shift in attitude in the ANC’s parliamentary caucus suggesting that the no confidence vote might have a chance of succeeding. Many ANC MPs are now anxious about the party’s prospects at the 2019 national election and their own political future.

But there’s also concern over Zuma’s apparent hold over many backbench MPs. Many of them fear retribution and expulsion should they vote against the president. If an MP ceases to be a member of the party on whose list they stood at election time, they automatically lose their seat in parliament.

Because of this one of the smaller opposition parties, the United Democratic Movement, requested the speaker to use a secret ballot to enable MPs to vote with their conscience. Mbete, who is also the national chairperson of the ANC, refused. She claimed that she did not have the power to make the decision.

The Constitution is unclear. It provides for the president and the cabinet to be removed by the national assembly by a bare majority following “a vote”. In the secret ballot case, the court could have interpreted “a vote” to mean “a secret vote”. Equally, however, the failure of the Constitution to specify a secret ballot in the case of a no confidence vote could mean an open ballot was intended.

So on June 22, the Constitutional Court took neither route. It held that,

the Constitution could have provided for a vote by secret ballot or open ballot. It did neither.

Rather it held that,

the national assembly has … in effect empowered the Speaker to decide how a particular motion of no confidence in the President is to be conducted.

Accordingly, the Court set aside the Speaker’s decision that she lacked constitutional power to order a secret ballot. Notably, Zuma had entered the proceedings to argue, like the Speaker, that there was no power to order a secret ballot and no need to do so.

The court pointedly observed that Mbete has “an enormous responsibility” to ensure that when she decides whether on a “situation specific” case-by-case basis a secret ballot should be employed. She should do so on a “rational and proper basis”, with due and careful regard to a purpose of the no confidence vote. Importantly, the court noted that the primary duty of MPs is to the Constitution and not to their parties.

The implication is that the ability of MPs to vote with their conscience in such a situation is clearly a factor that the speaker should take into account when making her decision. Some critics will regard the court’s “guidance” as insufficiently precise. But the court was clearly anxious not to encroach on separation of powers – perhaps mindful of the virulent claims from some quarters of “judicial over-reach”.

Mbete will have to choose between her loyalty to her president as one of the ANC’s “top six” leadership and her duty to the Constitution as speaker.

Zuma unperturbed

Later on the same day of the judgment Zuma was answering questions in parliament. Judging by his typically thick-skinned signs of confidence, the president is not unduly perturbed by the court’s ruling.

While the court stated the power to decide on whether to hold a secret ballot or not should “not be exercised arbitrarily or whimsically”, Zuma has already made it clear that he expects Mbete to decide that a secret ballot is inappropriate or unnecessary.

Parliament returns after its current mid-year winter recess in August. If Mbete once again declines to hold a secret ballot, her decision will, in turn, then be subject to judicial review application. In due course the court could be forced to order her to hold a secret ballot.

So despite the Constitutional Court judgment, and the lucidity of it’s reasoning, a no confidence vote held with a secret ballot is still some way off. Until then, Zuma lives to fight another day.

But with every day passing, December’s ANC national elective conference gets closer. Then Zuma’s term as president of the ANC expires. Then his power will decline potentially decisively.

One way or another, Zuma is running out of political lives.

Richard Calland, Associate Professor in Public Law, University of Cape Town

This article was originally published on The Conversation.

Alien animals and plants are on the rise in Africa, exacting a growing toll

The larger grain borer beetle attacks crops like maize and cassava, threatening food security.
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This article is the first in a series The Conversation Africa is running on invasive species.

Let’s say you’re travelling from Uganda to South Africa for business. You finally arrive at your hotel after a long day and decide to change before dinner. You unlock and unzip your luggage, but there’s something in your bag that you didn’t pack. As you reach for a clean shirt, a moth flies out. Did that come with you all the way from Uganda? It’ll be fine, right? Surely, something so small won’t cause any harm.

Species are intentionally or accidentally transported by humans between continents to regions where they are not native. With the help of humans or by natural means like flight, these alien species can also spread within continents.

Their spread within continents can be rapid, affecting both the ecology as well as societies and the economy. Unfortunately, it’s really challenging to prevent species from spreading. Given the vast amount of people and goods that are transported between and around continents they can easily be moved across oceans as well as between countries.

The spread of alien species within Africa is increasing. Since 2000 more alien insect pests of eucalyptus trees have spread to other African countries from South Africa, than have been introduced to these African countries from other continents. To manage the spread of these alien species countries need to co-operate, communicate and share information and skills..

The spread of alien species

Many alien plants and animals have been introduced to Africa from other regions and then have spread from country to country, often having devastating effects.

Take the larger grain borer beetle, (Prostephanus truncatus) which is thought to have arrived on the continent in imported grain from Mexico and central America. The beetle was introduced to Tanzania before 1984, Togo before 1981 and Guinea before 1987. It then spread across the continent and within 20 years could be found further south in South Africa.

The beetle attacks crops such as maize and cassava, threatening food security and the livelihoods of the poor. Infestations often destroy maize that’s been stored by farmers, forcing them to buy maize as well as lose income they could have earned from selling any excess.

But alien species don’t just arrive from abroad. Many that are native to parts of Africa have also spread to countries on the continent where they are not native.

An example is the fish commonly known as the Mozambique tilapia (Oreochromis mossambicus) which is native to rivers on the east coast of southern Africa. Fishermen have transported the Mozambique tilapia to other areas and it is now found in river systems in southern and western South Africa and Namibia.

The Mozambique tilapia is a popular species for fishing but it can pose a threat to native fish and has been responsible for the disappearance of native species in some regions.

The spread of alien species within Africa is by no means a new thing. For instance, the bur clover (Medicago polymorpha), a plant from northern Africa, might have been accidentally transported by humans to South Africa as early as 760 AD.

A high and increasing threat

Recently a number of alien species have spread extremely rapidly across the continent, posing a particularly high threat to food security and livelihoods.

The fall armyworm, native to the Americas, was first recorded in west and central Africa in early 2016 and then in South Africa in January 2017.
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One is a caterpillar known as the fall armyworm (Spodoptera frugiperda). The species, native to the Americas, was first recorded in west and central Africa in early 2016 and then in South Africa in January 2017.

The moths of the armyworm are strong fliers and the species may have spread through flight to South Africa from other African countries. Although the species attacks a wide range of crops, it poses a particularly serious threat to grain farmers. It is extremely difficult to manage.

Another example is a wasp known as the bluegum chalcid (Leptocybe invasa), which is native to Australia. In 2000 it was detected in Israel and shortly afterwards it was reported in Uganda and Kenya. From there it spread rapidly to many African countries including Zimbabwe, Mozambique, and Tanzania and was finally detected in South Africa in 2007. The insect probably reached Israel on live plant material and spread into Africa the same way, or was carried by people travelling between countries.

The wasp causes swelling or growths on eucalyptus trees, which can lead to decreased growth and tree death. As eucalyptus trees are an important source of income and fuel, this species could have an impact on the livelihoods of locals in these countries.

Preventing the introduction and spread

Once a species is introduced to one African country it’s highly likely it will spread to others on the continent because borders checks are weak.

The introduction and spread of species could be reduced if countries introduced biosecurity systems. These are used extensively in countries like Australia and New Zealand and involve using technology to check for alien species when people and goods enter a country. In Australia this involves inspecting goods, vehicles and luggage before they enter the country.

But even these systems aren’t a guarantee that species won’t spread. African countries would need to work together and share information and skills. This would also allow countries to prepare for the arrival of species, and to draw up plans to reduce their impact.

This is a tall order. But as a country’s defence against alien species introductions is only as strong as that of its neighbours, such action would benefit all of the countries involved.

Katelyn Faulkner, Postdoctoral research fellow, University of Pretoria; Brett Hurley, Senior Lecturer Zoology and Entomology, University of Pretoria, and Mark Robertson, Associate Professor Zoology & Entomology, University of Pretoria

This article was originally published on The Conversation.

The threat to South Africa's democracy runs deeper than state capture

A protest in South Africa against housing shortages.
EPA/Kim Ludbrook

A recently released report written by a group of South African social scientists, “Betrayal of the Promise”, considers the widespread capture of state institutions by a network linked to President Jacob Zuma and declares it “a silent coup.”

The reference to a “coup” might seem odd given that the democratically elected head of state is described as its patron. But South Africa’s current predicament is not primarily about the individuals in specific offices. Rather, at its root, it’s about a crisis in the country’s democracy.

The report by the academics proposes a dividing line between those committed to social transformation – as set out in the country’s constitution – and those who aren’t. The Zuma-aligned camp is alone on the latter side of this line.

But, even though they don’t have much else in common, almost all the country’s key political alignments – political parties as well as social movements – share what I call a naive view of the state. They think that state institutions must be captured by one or another sector for state action to achieve a desired goal.

This is an analytical and political cul-de-sac. South Africa’s democratic crisis is a result of the unfinished project of remaking institutions first shaped under colonial and then apartheid rule. The challenge now is how to rebuild them so that they have both popular legitimacy and the capacity to achieve the promise of the country’s constitution: to create a more equitable society.

I describe this dominant view of the state as “naive” because it treats institutions as terrain for narrow manipulation by one group or another. In fact the crisis shows that South Africa doesn’t yet have, and desperately needs, effective institutions with the capacity to respond to broader society.

Various views

Zuma’s political allies in the African National Congress (ANC) insist that to reduce the power of “white monopoly capital”, the state must empower black industrialists by transferring public assets.

They envisage this being primarily through state controlled concessions, such as mines, as well as contracts with state owned enterprises such as the power utility Eskom and transport group Transnet. This is complemented by vague pronouncements around land redistribution.

The opposition Economic Freedom Fighters (EFF) take a vanguardist position, arguing that state power can provide for the working class by nationalising private assets and redistributing land.

The Democratic Alliance, the largest opposition party in parliament, advocates the privatisation of public assets. It insists that this will subsidise public projects, although it’s not clear how.

For their part, civil society organisations seem to realise that state institutions, free from narrow private capture, are essential for a more capable state. They are beginning to focus much more attention on the integrity and independence of state institutions. Some are focusing on issues of government transparency and privacy, others on resisting attempts to compromise key ministries, especially Treasury.

But civil society has little influence or connection to formal politics. Trade unions are split. Middle class professionals in the activist sphere have lost their links with trade unions and urban social movements, which proved such a powerful alliance for democratisation in the late 1980s and early 1990s. Protests in urban townships are frequent but localised. They are rarely linked to any city wide agenda or movement.

A failing democracy

Institutional “capture” is both a symptom and a cause of the country’s broader democratic crisis.

The constitution contains some of the most extensive socio-economic rights anywhere in the world. But inequalities have been extraordinarily durable.

Now the constitution itself is increasingly under attack. This shouldn’t be surprising given that many state institutions, especially at the local level, aren’t effective and, therefore, cannot realise the rights set out in the constitution.

Democratic South Africa’s challenge remains how to find a way to remake institutions so that they’re capable of ensuring the rights guaranteed by the constitution are realised.

Comparative insights from Brazil

In this it has lessons to learn from Brazil, which has similar constitutional guarantees. Despite recent political challenges, Brazil has managed to decentralise important parts of administering redistributive programmes. This has led to more capable institutions, especially at the municipal level.

Since 1988 when a new constitution came into force, Brazilian cities have used large federal government revenue transfers for redistributive ends such as health, education and housing.

On top of this, Brazilian cities have a long history of participatory councils, from city wide budgeting to specific policy sectors such as housing and health. In large cities like Sao Paulo, many of the social movements for housing, which helped drive the campaign for democracy in the 1980s, have remained important political and social movements. They’ve helped reconstruct Brazil’s local state institutions, which were previously a global example of weak and clientelistic politics.

Cities like Sao Paulo now have institutions that are able to make big gains for poor people in sectors such as transport, housing and sanitation.

This suggests important lessons for how to address South Africa’s democratic crisis.

Recapturing institutional legitimacy

A positive sum, redistributive agenda is the central promise of the South Africa’s Constitution. This is also a requirement for the success of any dialogue between all sectors of South African society as proposed by the authors of Betrayal of the Promise.

A debate over policy is going to be extraordinarily difficult while the country’s institutions continue to lose legitimacy. This means that a focus on the capture of state institutions will need to go hand-in-hand with a focus on how they can be refashioned to be more responsive to society.

South Africa awaits the movements and parties with the ideas and organisational strategies to take such a vision forward. Until then, the country will struggle to move beyond today’s anti-democratic precipice.

Benjamin H. Bradlow, PhD candidate, Department of Sociology, Brown University

This article was originally published on The Conversation.

How we can rid ourselves of State Capture and put Zuma in Jail

he Public Protector’s (PP) office should be abolished. Under Thuli Madonsela, the office did brilliant work, even under difficult circumstances and with a lot of obstruction from the ZANC side and the office deliberately being kept underfunded by the ZANC.

That is the reason that Thuli’s State Capture investigation started late, she did not have money to start it. Eventually Pravin Gordhan, as Finance Minister, made money available and she could start. She did not have sufficient time before her term ran out and therefore she made a brilliant move.  

She recommended a full judicial commission of inquiry, chaired by a judge appointed by Judge Mogoeng, not by the main suspect in the investigation, the President of the country.

But as long as Thuli Madonsela was in her office, I don’t think a single significant recommendation was ever implemented and accepted without a fightback and delaying tactics by ZANC. So she investigated, made the correct findings and recommendations, just for that be ignored and not implemented.

People approached the PP, as she was the only trustworthy person in government.

The PP’s office is not actually supposed to do criminal investigations, that is the responsibility of the Police and NPA, but again, those institutions are captured by the very same people responsible for the state capture of SOE’s, which is nothing else than state criminality.

Busisiwe Mkhwebane has now turned the PP’s office into an extension of the Saxonwold Shebeen. Yes, she will tell you that she is not a Zupta puppet, but she is. She is a former spy, and spies act with a sleight of hand, undercover and trying to deceive you all the time. But a puppet she is.

Take Mkhwebane’s finding on the Absa lifeboat.

Mkhwebane is actually recommending state control of banks. She is proving that she is a Zupta puppet on a string because what she is actually trying to do is giving the Zupta cabal access to a State bank, because the commercial banks cut off banking facilities to the Guptas, due to massive criminal activity by them.

So what to do? Get disheartened and accept that things will inevitably go the way ZimBOBwe went?
Not by a long shot. Obstacles like these can be overcome. We privatize the PP’s, Police’s and NPA’s job out to those who have the ability and the willingness to do the job.

OUTA and Afriforum have stepped up. OUTA has begun hiring forensic accountants and lawyers, and Afriforum is supporting Gerrie Nel’s private prosecutions team, which will be strengthened by another two senior prosecutors from the NPA soon. An ex-commander of the SAPS Serious and Violent Crimes unit, Genl Sharon Schutte, is heading up investigations for the team. Paul O’Sullivan and his assistant, lawyer Sarah Jane Trent, are assisting as well.

It can be done, on one condition, that they can be crowdfunded. So join me in these efforts. I have joined both Afriforum and OUTA as a contributing member. You only contribute what you can afford, and at the same time, you become and active citizen. Remember, it is also important that these organizations have a lot of members, to show they have broad support.

You can become part of the crowdfunding and stop the looting of the State, or you can do nothing and get a continuation of the looting and as a result, pay higher taxes and get diminished retirement funds when you retire one day.

Don’t think you can escape the effects of the wholesale looting of the State. We have already hit junk status, with the highest unemployment ever. More unemployment leads to more crime and murders.
So let’s unite and do this. Let us do what has to be done.

Opinion by Daniel Sutherland
Published on South Africa Today – South Africa News

Why is the KZN healthcare system collapsing

When public health institutions cannot assist cancer patients due to lack of essential equipment and lack of doctors, it means we are in trouble. The Kwazulu-Natal Healthcare system is collapsing from the ground up.

Two Oncology specialists were left in KZN, and as of last night, one resigned. It means cancer patients will die or they will have to find another hospital in another province. There is no money, no doctors no equipment and people who need to take regular cancer tests, are at risk. It means people will not be diagnosed early enough to receive treatment.

There are reports that only one doctor is on duty for up to 26 hours on weekends, without a break, and with up to 30 patients waiting at any one time. These patients often have to be left waiting for excessively for long periods of time (many hours), as the same doctor gets called to emergency admissions that take higher priority.

The doctors cannot work under the challenging conditions in public health services and will probably move into the private sector. There is at present, likely to be about 90 percent of physicians working in the private sector, and for many South Africans, access to these doctors is impossible. If one does not have a medical aid, which is expensive, there is no access to specialist treatment. Thus the majority are at the mercy of government hospitals which cannot assist the needy.

Huge sums of money are wasted on futile attempts at repairs that only last two weeks, instead of just replacing this vital equipment. In the outpatient’s departments most life-saving equipment does not exist, the little doctors have to work with is old and broken and practitioners are facing an impossible situation trying to save lives.

During May, staff protested over the collapse of health services in KZN – “A memo, addressed to MEC for Health Sibongiseni Dhlomo, titled “Collapse of Health Services in KZN.” lists 16 problems, such as a shortage of staff, caused by “unfunded, frozen and abolished posts”, a lack of jobs for medical school graduates doing their community service, an overtime policy that SAMA and unions have not agreed to, failures with equipment procurement, shortages of supplies, problems with medical records, and poor management.” Read the story – Medics protest as KZN health care system collapses

And in June reports surfaced of more oncologists leaving the public health care system – Read No oncologist in Durban

Published on South Africa Today – South Africa News