A Jacob's Ladder of Dilemmas
A Jacob's Ladder of Dilemmas: barking at Malema doesn't help. There is much public criticism of the omnipresent indecisiveness of South Africa's President Jacob Zuma. Somewhat unfairly, none of the critics has proper regard to the overall position in which the president finds himself. The multiple dilemmas (quite apart from his domestic situation) which he faces daily are enough to paralyse even the strongest of leaders, let alone render them indecisive.Firstly, there is the precariousness of his personal position. The pursuit of review litigation by the DA is a major cause of this. The decision of the then Acting National Director of Public Prosecutions, Molokoti Mphse, to desist from further investigation and prosecution of 783 charges of fraud, corruption and racketeering against the president, taken in April 2009, is being litigated and has reached the Supreme Court of Appeal. If the DA succeeds, the prosecution may be revived. Then there is also the question of whether a commission of inquiry into the arms deals should be held, a process from which the president is unlikely to emerge unscathed. The litigation on this topic is due to be heard in the Constitutional Court, from which there is no appeal, in September 2011.
Secondly, the future political career of the president is far from a smoothly settled matter. It is by no means certain that the ANCYL and COSATU, with whose support he swept to power at Polokwane in 2007, will back any attempt he may, however coyly, make at achieving a second term of office. Developments on the personal front may impel him to seek a second term, as a more attractive alternative to what awaits if the litigation in which he is stoutly defending his freedom, does not go his way.
Then, still in the world of politics, there is the matter of how poorly his favourite henchpersons are faring. The Public Protector has fingered both his newly promoted Minister, Gwen Mahlangu-Nkabinde of Public Works, and his long time lieutenant National Commissioner of Police, Bheki Cele, for "appropriate remedial action". Having regard to the grossly inflated rentals they conspired to pay Roux Shabangu (whom, according to Mac Marajah, the president "hardly knows") for the buildings purportedly let for SAPS headquarters in Pretoria and Durban, it seems that their cessation of participation in public affairs is the least that can be expected. Their resignations would of course enable them to give full attention to fending off the criminal charges which the DA has rather optimistically laid against both of them. Menzi Simelane, the National Director of Public Prosecutions, a supposedly independent functionary but actually a deployed cadre, is having his fitness for office tested in the Constitutional Court soon. This is the same court that threw out an incredible affidavit, containing his version of the planning of the demise of the Scorpions, at the argument stage in the first round of the Glenister case. If he survives the test, the chances of him allowing the prosecution of the two hapless lease procurers are slim. So much for the cogency of the national priority aimed at fighting corruption. In his recent summary of anti-corruption measures, given to media leaders, the president did not even mention the arms deals, despite all the new revelations of bribery in them. The only silver lining for the public, is that the second round of the Glenister case has the outcome that a truly independent anti corruption unit should see the light of day by September next year. This is obviously not what the president wants.
The third dilemma involves the president's perfectly understandable desire to create jobs. He has observed the Arab spring and the Albion summer. His television, like everyone else's, shows images of angry young people with no hope, no job and no discernible future prospects expressing their frustration violently, mindlessly, illegally and amorally against their unhappy lot. South Africa (SA) will not escape the effects of the global economic meltdown, possible double dip recession and general malaise on financial markets. In SA these negative factors are compounded by recklessly unconstitutional calls for nationalization, land grabs and other forms of expropriation without compensation. These are enough to frighten off any sane investor, if there are indeed any investors at all still active out there. The president ought to be concerned that an African autumn, one that is comparable to the Arab spring and Albion summer, may be in the offing. The conditions for job creation - among them business confidence, respect for the rule of law and entrenched property rights - are simply not there, so his promises of millions of jobs are likely to come to nought. Indeed, educated predictions are that SA may expect job losses on a large scale. This is not a happy prospect, especially as so many of the jobless look so similar to the looters and shooters on the television news channels.
This dire mix is made worse by the perception that service delivery in SA is not all it could be. It is undeniable that the public schools system makes a mockery of the promises of basic education for all contained in the Bill of Rights for most learners, especially those in townships and rural schools. Hospitals have become places of death, not healing and electricity is becoming unaffordable, even to those who are lucky enough to have jobs. About half of the population live in poverty, dependent on an economically unsustainable social grants system. It is true that many houses have been built, but some of them are falling down. Water is available on tap to millions more people, albeit that the quality of water is sometimes sub-standard. Overall, while progress has in fact been made on many fronts, the culture of entitlement spawned by political promises of that elusive "better life for all" remains dissatisfied or under-nourished in the eyes of battalions of protesters. While the president can not be blamed for the concatenation of all these circumstances, he is responsible for dealing with them, but can't seem to find a way to do so.
This may be attributable to his loyalty to the national democratic revolution, the guiding light of his party with its aim of attaining hegemonic control of all the levers of power in society in safe party hands. Not only is this a deeply, darkly unconstitutional notion; it is unlikely to solve any of the real problems in SA, while it is sure to make many more than already exist. While the tensions between the values of this revolutionary agenda and those of the Constitution exist, there is little prospect of prosperity and progress in SA. The harsh and angry words the president is reported to have uttered to ANC Youth League (ANCYL) leaders are not helpful.
Compounding the awkward situation in which the president finds himself, is the quality of the legal advice he appears to be getting. Repeated set backs in the courts have no apparent effect. The secrecy bill ploughs on in the face of widespread R2K campaign dissent and the clear access to information provision in the Bill of Rights. Ditto for the Media Appeals Tribunal - up against freedom of expression; not to mention the debacle with the Chief Justice and the grey-bearded Legal Practice Bill and equally dithery, "coming soon" land reform measures.
The question that the critics should answer is: what would they do if faced with as many dilemmas, if not conundrums, as the president has at this delicate time in his career and this troubled time in the political and economic history of the world? The issue for the ANC is whether it can afford to keep the faith with so ineffectual and vulnerable a leader. For the country, the question is whether it will survive his listless leadership.
Paul Hoffman SC,
16th August, 2011
