Four keystones of a nation have been left deeply scarred
THE net is closing on President Jacob Zuma, after spending the last nine years running away from the law. He has done untoward damage to the country’s sense of self-belief, and undermined the gains of our fledgling democracy. Zuma has sapped the nation’s collective energy. Like a fugitive on the edge of a precipice, Zuma has now come to the end of the road with the law catching up with him.
Allegations of corruption related to the arms procurement programme in the late ’90s and those linked to state capture are now hovering like a frightening storm over his head, and there is no way of slipping through the long arm of the law.
In December last year, Judge Danston Mlambo delivered two game-changing judgments. The first judgment made Shaun Abraham’s appointment as head of the National Prosecution Authority (NPA) invalid, and directed the deputy president to appoint the new NPA head since Zuma is considered a conflicted party. As Judge Mlambo put it: “In our view, President Zuma would be clearly conflicted in having to appoint a NDPP, given ... particularly the ever-present spectre of the many criminal charges against him that have not gone away. There is no longer any obstacle in the way of the criminal charges proceeding.”In our view, President Zuma would be clearly conflicted in having to appoint a NDPP, given ... particularly the ever-present spectre of the many criminal charges against him that have not gone away
The second judgment forced the appointment of a commission of inquiry on state capture, again something that was taken away from his hands. The clouds have since gathered quickly.
Early this year, Chief Justice Mogoeng Mogoeng tipped Deputy Chief Justice Raymond Zondo to head such an inquiry. To set the process in motion, the Department of Justice has now gazetted the terms of reference for the commission.
>http://www.dispatchlive.co.za/news/politics/2018/02/15/twitter-field-day-enca-zuma-motherf-clip/As the terms of reference set out, allegations of state capture, corruption and fraud will be investigated. The spotlight is cast on Zuma, members of the cabinet, including deputy ministers, as well as public officials in government and state-owned companies. While the terms are broad with respect to possible malfeasance in the public sector, it is clear who they are focused on, making Zondo’s job fairly easy.
It is possible that Zuma will not dance alone before the commission, and figures, such as Ace Magashule, Lynne Browne, Mosebenzi Zwane, and others, could find themselves in the grip of law-enforcement agencies.
The Gupta family involvement in acts of corruption, the extent of the president’s involvement in shady dealings in cahoots with the Guptas, and the breach of ethics by public officials come under sharp scrutiny in the terms of reference.
Crucially, the commission is empowered to refer any findings for prosecution by law-enforcement authorities. This could be interpreted to mean that while the commission is in session, certain cases that show clear breach of the law, can be prosecuted.
There is no longer any shadow of a doubt that Zuma is on his way out. The ANC cannot countenance having Zuma as president of the country when there is an ongoing investigation on him, and when he is a central figure in the state capture inquiry.
The ANC will, from a pragmatic point of view, wish to have the Zuma matter laid to rest quickly so it can get on with the process of campaigning for 2019, assured that it has dispensed with the stench of Zuma’s years. Cleansing its image and presenting itself as a renewed movement is something the ANC is keen to achieve.Cleansing its image and presenting itself as a renewed movement is something the ANC is keen to achieve.
In this respect, disowning Zuma will be the easiest way for the party to regain the moral ground it has lost in the eyes of the public.
In other words, dispensing with Zuma quickly and lining up behind Ramaphosa could be the quickest way the party can earn electoral dividends in 2019.
Now that the final nail in Zuma’s political coffin is being cast, how should we assess his legacy in South Africa?
To be sure, it will take a while for the effects of Zuma’s two-term presidency to be felt in society and the economy. The extent of institutional corrosion and the depth of corruption may not be known for years to come.
>http://www.dispatchlive.co.za/news/politics/zexit/2018/02/15/president-tripped-audacity/It will be some time before the country can reconnect with its essence, to take a critical self-reflection on how individuals such as Zuma can and have risen to the pinnacle of political power, and how those who have been involved in corruption, have been allowed to continue with their behaviour unhinged. We will count the cost of damage to public institutions years after Zuma has been cast out of office. There are at least four critical areas where Zuma’s dark legacy has had an imprint.
The first is on the spirit and psyche of the nation. Zuma’s presidency has left deep cynicism about politics and the political leadership. Very few still regard politics as a domain of honourable men and women. The image of political leadership is that of crooks and swindlers.
This is unfortunate as there are individuals who are committed to advancing the country. This image of political leaders is the opposite of how the founding fathers of our democracy, leaders such as Nelson Mandela, conducted themselves.
Their brand of leadership was transformative, self-sacrificing, and oriented towards collective upliftment, in contrast to the pervasive transactional leadership that is driven by greed.
Second, the bar of who qualifies to be a leader in the ANC and, by implication, in government has been lowered drastically. Judging by the character and performance of ministers, such as Faith Muthambi, Bathabile Dlamini, and Mosebenzi Zwane, among others, all of a sudden anyone can become a leader.
Zuma has made a mockery of political leadership, yet this is such a powerful role and responsibility anyone can be entrusted with to make a difference in the quality of the life of individuals.
Zuma has made a mockery of political leadership, yet this is such a powerful role and responsibility anyone can be entrusted with to make a difference in the quality of the life of individuals.The implications of this legacy is that anyone who is seen as doing better than Zuma, is likely to be overly celebrated, thus creating a space for the emergence of cult leaders who view themselves as messiahs.
Third, Zuma’s leadership has undermined South Africa’s economic potential. There have been massive job losses in key sectors of the economy, such as mining and manufacturing. Government, under Zuma’s leadership, has failed to inspire confidence and use policy levers to inject confidence in the economy.
As a result of its leadership, the country has failed its young people. More than two-thirds of our youth is unemployed. The situation may likely get worse; we are yet to count the full costs of Zuma’s presidency.
Just last week, the International Monetary Fund downgraded South Africa’s growth forecast to below 1%. The Report of the High-Level Panel on the Assessment of Key Legislation and the Acceleration of Fundamental Change noted at the end of last year that: “Despite a progressive Constitution that guarantees a range of socio-economic and related rights, redistributive fiscal policies and an extensive social safety net, poverty, unemployment and inequality remain deeply etched in South African society”.
>http://www.dispatchlive.co.za/news/politics/2018/02/15/zuma-gone-political-parties-civil-groups-celebrate/Fourth, the rule of law has been weakened. The politicisation of critical law-enforcement agencies, such as the National Prosecuting Authority and the Hawks, as well as SARS has seriously undermined efforts to deal with organised crime.
This defect diffuses itself across society, with criminals no longer fearing law-enforcement authorities.
In any case, the lines between law-enforcement agencies and politicians on the one hand, and criminals on the other, has become blurred.
The spirit of lawlessness has taken hold in parts of society, and this is something that is part of Zuma’s legacy. To turn this tide will be very difficult.
It is good for society that finally Zuma is facing severe storms with his legal skeletons coming back to haunt him. He will likely spend much of the second half of the year in courts, if he loses his appeal against Mlambo’s judgment that takes away power from him to appoint a new head of the NPA.
It looks likely that he will lose this case, an event that will trigger a strong push for his recall by the ANC. Yet still it is premature to celebrate Zuma’s departure and lose sight of the more difficult struggles that lie ahead to rebuild the country’s damaged soul, to revise the economy, and to restore credibility in our politics.
It is unrealistic to expect that this will be possible while the ANC is still in power, since in the first place it protected Zuma for this past nine years and colluded in his schemes.
Mzukisi Qobo is associate professor and deputy director at the NRF Chair on African Diplomacy and Foreign Policy, University of Johannesburg