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Ok. Got itWhat does Jacob Zuma’s arrest and the protests that followed tell us about the state of our country?
This political research note was prepared by JP Landman in his personal capacity. Landman is an independent political and economic analyst and the opinions expressed in this article are his own and do not reflect the views of the Nedbank Group. |
By JP Landman – Political Analyst
13 July 2021
The arrest and incarceration of former president Jacob Zuma seems to have triggered wide unrest in KwaZulu-Natal, Gauteng and to a limited extent in Mpumalanga. What may have started as protest against Zuma’s arrest quickly morphed into general mayhem: burning of trucks, followed by looting of shops and destruction of property. It is not a one-storyline-only saga.
The police were clearly caught short. TV images of looters running rampant with no police in sight did not reflect well on the ability of the South African Police Service (SAPS) to protect people and property. It also raises questions about the intelligence capability of the law enforcement agencies. At the time of writing, reports of unhindered looting still came in. The South African Defence Force was deployed to KwaZulu-Natal and Gauteng and we must see what effect that will have.
It seems as if South Africans can take a couple of lessons from the arrest and fallout for the future.
The poor performance of the SAPS is a wakeup call. The authorities were caught off guard, that much is clear. A proper post-mortem must be conducted and the opportunity used to learn and build a more effective force and intelligence capability.
Policing and intelligence gathering alone cannot do the trick. We need a state with the ability to service its citizens better, help create more livelihoods, reduce poverty dramatically and again give hope to people. The Covid-19 devastation was severe and more relief is necessary. Build back better, but also support while building back. For example, the current public employment programmes must be increased manifold to accommodate millions more of unemployed youth. That requires a more capable public sector, particularly at local government level.
A third area of much-needed action is the criminal prosecution of people who have looted from the state, as well as those who have participated in the present looting and unrest. People must see that the law is applied and needs to be respected.
In the mayhem, let us not forget that the authority of the Constitution and the guardian role of the Constitutional Court were reaffirmed in the most dramatic way. It is not good enough to be a freedom fighter on many decades standing. Everybody is subject to the law, in equal measure.
There is a clear separation of powers. It is not for the court to give guidance on whether an order should be executed or not (as the police minister has asked in a letter to the Chief Justice). It is not just the minister. Opposition parties and comment pieces regularly harrumphed that President Cyril Ramaphosa must ‘arrest Zuma’ and put people into orange overalls.
On the other side in the ANC, he was urged to pardon or at least ‘find a solution’ for Zuma. President Ramaphosa consistently held the line that judicial processes will deal with that, that it is not his role and his job is to provide the executive infrastructure (budget, people, regulations). His patience, discipline and principled stance on this issue has been shown to be correct.
Mr Zuma is in custody and simultaneously facing a trial in Pietermaritzburg where he will no longer arrive with a cavalcade, bodyguards, in a smart suit and supported by loyal cohorts. He will now enter court in an orange overall, coming from the holding cells. And he was the leader of a party which is still in power.
Ace Magashule is on his way out of the ANC, Carl Niehaus has been suspended ... As a friend put it: the King, the Ace and the Joker are all out of the pack of cards now!
Consider these developments with the particularly strong statement the ANC’s National Executive Committee (NEC) issued on Monday after its meeting where, in spite of significant pressure for a ‘political solution’ to be found for the Zuma problem, the NEC held the line that legal processes must run their course and that the courts must be supported.
Among other items the statement reads: (The italics indicate my insertions and emphasis.)
‘a) Our unequivocal commitment to and defence of the Constitution, in particular the supremacy of the Constitution, the rule of law and the independence of the Judiciary, amongst the founding principles and values of the Republic.
b) The NEC reaffirmed our understanding that we consciously chose a democratic system and constitutional dispensation. It was not an accident, concession, or a compromise, but rather an expression of our fundamental values and beliefs as espoused by the African Claims (1943), the Freedom Charter (1955), the Harare Declaration (1989) and the Constitutional Principles (1994). The meeting stressed that it must always be clear that the interests of an individual cannot take precedence over or jeopardise the interests of our democracy or of the nation.
c) ... to g) ...
h) That the South African nation is founded on the principle of unity in diversity; and the sustenance of our democracy requires that we constantly ensure the assertion of the values of non-racialism and rejection of any manifestations of ethnic chauvinism.
i) That the Commission of Inquiry on State Capture should be supported, and all individuals who have been invited to appear, including members and leaders of the ANC, should cooperate with the Commission.
j) That the South African Police Service, and specifically those deployed at Nkandla this past weekend, managed the volatile situation as best as they could, avoiding a situation in which deliberate acts of provocation may have resulted in bloodshed, using human shields. The SAPS must, in carrying out its public order responsibilities, in all circumstances use restraint and prevent unnecessary loss of life.
k) ...’
Referring to the African Charter of 1943, the ANC reached back to its long struggle for fundamental human rights, thus rejecting the EFF argument that the current constitution was a sell-out or a compromise. It was a choice, which must now be respected by all, even liberation fighters and party colleagues of many years (like Zuma, Magashule and Niehaus).
There is a particular irony to this statement. It was presented to the media by Deputy Secretary General Jessie Duarte. Earlier this year a recording was leaked of her arguing in a meeting of the top 6 that ‘a solution’ must be found for Mr Zuma. Now she had to present a statement where exactly the opposite is happening – Mr Zuma is left on his own to deal with his legal problems within the Constitution. She has expressed concerns about the Zondo Commission, as has her colleague ANC Chair, Gwede Mantashe. Yet, the statement specifically endorsed the Zondo Commission.
This is a political research note and was prepared by JP Landman in his personal capacity. Landman is an independent political and economic analyst and the opinions expressed in this article are his own and do not reflect the views of the Nedbank Group. Nedbank Private Wealth, an authorised financial services provider through Nedgroup Private Wealth Pty Ltd Reg No 1997/009637/07 (FSP828), registered credit provider through Nedbank Ltd Reg No 1951/000009/06 (NCRCP16), and member of JSE Ltd through Nedgroup Private Wealth Stockbrokers Pty Ltd Reg No 1996/015589/07 (NCRCP59). |