Shaik before stirring

Pardon me... Shaik wants a presidential pardon. Cartoon sourced from Mail & Guardian.


BEING the President of South Africa or any country comes with power and a number of prerogatives.

Chapter Five of the Constitution deals with some presidential duties and prerogatives of the head of state. Section 84(j) states that President Jacob Zuma, just like his predecessors, has the power or function to pardon or reprieve offenders, remit any fines, penal ties or forfeitures. So for a President to grant a pardon to a criminal is not unconstitutional. It is in keeping with his constitutional obligations as the head of the executive. But the Constitution, in section 83(c), enjoins Zuma to act in a way that “promotes the unity of the nation and that which will advance the Republic”.

As everyone is aware, Zuma’s former financial adviser and backer, Schabir Shaik, has applied for a presidential pardon. Shaik, it must be pointed out, is a certified (not in mental terms, it must be made clear) criminal with a fraud conviction. That is why he is exercising his constitutional right to apply for a presidential pardon as a citizen of South Africa.

There is absolutely nothing wrong with Shaik seeking a presidential par don. But there is everything wrong with Zuma being the final arbiter in whether or not to grant to grant Shaik presiden tial pardon. Nor should the whole Zuma administration be in a position to partake in the decision-making here, for that matter.

This is a case of very naked conflict of interest. Upon convicting Shaik, Judge Hilary Squires found that he and Zuma had a mutually beneficial relationship. As they say, it takes two to tango, so common sense dictates that Zuma ought to have been tried with Shaik during his case. It is quite baffling or boggles the mind why this never happened.

Former President Thabo Mbeki fired Zuma in the wake of the adverse ruling against Shaik. Although the judgment had no bearing on Zuma’s innocence or guilt, he was more like tried in absentia because he was never accorded an opportunity to take to the stand.

Shaik is a close friend and ally of Zuma. In fact, Zuma has a good rap port with the Shaik family, which in cludes the likes of Mo, the spy boss. Zuma is clearly indebted to the Shaik family for his rise to the highest office in the land, and even more so, it would appear, to Schabir, a man who has been laid bare as a fraudster and a greedy criminal who would boast about and use his political connections to advance his narrow business interests.

Shaik has been exposed as a man who cares less about the poor and more about unscrupulously amassing wealth using prominent public officials’ names or political connections. It’s becoming clearer every day that loyalty, just like in the Mbeki administration, reigns supreme in the Zuma administration.

The current government couldn’t care less about its integrity and credibil ity. As long as you are in with the right crowd you will be rewarded hand somely and treated like a king, even if you’re an unrepentant criminal who was broken out of jail on a bogus medical parole.

Should Shaik be granted a presidential pardon (as is likely to happen) it would be a crying shame. Zuma must avoid misusing his presidential prerogative to appease his pal.

Zuma mustn’t let his “un-shaik–en” loyalty to Schabir Shaik cloud his judgment.

Cedric Mboyisa is political editor of The Citizen. This column first appeared in The Citizen.

Obama Nobel Prize injustice

THERE is no denying that America’s 44th and first black (and partially white) President, Barack Obama, is an intelligent and a charismatic leader in a league of his own.

He ran one of the most shrewd and innovative presidential campaigns as he marched to the presidency of the world’s superpower. Try as they did, his opponents in the form of Hillary Clinton and John McCain could not stem the Obama tide. Not even former US President Bill Clinton could stop Obama from occupying the White House.

Such was the man’s brilliant strategy that there was no stopping him from making history by breaking the white man’s stranglehold on the White House. Obama was the ray of light after the catastrophic rule of one not- so-sharp, lying, confrontational and bullying George W Bush.

Obama’s oratory skills are legendary. The man has the ability to move moun tains with his words. Obama, just like Martin Luther King Jnr, can have people in tears with his speeches, which he delivers with phenomenal and unparalleled eloquence.

It is no exaggeration to say that Obama ranks up there with the best orators the world has ever heard. The man is simply a genius when it comes to public speaking. It is a marvel to witness Obama deliver one of his masterpiece speeches!

Since assuming office Obama has been a breath of fresh air in terms of trying to engage with countries which were previously continuously at war with the US. This includes reaching out to Iran, Turkey and the Muslim world in general. As Menachem Z Rosensaft (founding chairman of the International Network of Children of Jewish Holocaust Survivors) points out, Obama has charted a new direction in trying to end the never-ending Israeli-Palestinian conflict. Really now? Obama, as an ally of Israel, would obviously seek a solution that will favour Israel and disadvantage Palestine.

Rosensaft further preaches the Obama gospel thus: “The President has travelled thousands of miles to tell men, women and children across the globe, national leaders and average citizens alike that after eight years of xenophobia and jingoism the US has returned to its historical role as a unifying catalyst of humankind”. Wow, the US is a “unifying catalyst of humankind”! More like a dividing catalyst of humankind. In most cases, if not all, its selfish interests (business or whatever) drive the US when it sticks its nose in other countries’ affairs.

So it is really puzzling and disturbing to award the 2009 Nobel Peace Prize to Obama on the grounds of his “extraordinary efforts to strengthen inter national diplomacy and co-operation between peoples”. What a load of mumbo jumbo!

What Obama is doing is repositioning the US after the damage done to the country’s image by Bush. The Nobel Prize committee failed to see Obama’s intentions for what they really are. Obama’s intentions may be noble, but at this stage they do not deserve a Nobel Peace Prize, period. The Nobel Prize committee is nothing more than the PR machine for the US. The decision is a farce.

Had this decision been taken here in South Africa, surely some lobby group or political entity would have sought a judicial review. It is an insult to laureates such as former President Nelson Man dela. At least Obama has the company of other undeserving laureates like former President FW de Klerk.

Cedric Mboyisa is political editor of The Citizen.

Can this "elephant" be felled?

Logo sourced from the African National Congress website.


IT has been said that the “ANC will rule until the Son of Man comes back”. As arrogant as this may sound, it seems the ruling party will be in power for quite a number of years to come. On the issue of Jesus Christ, as far as I know, no one knows when He intends coming back. So it would be purely speculative on my part to say whether Khongolose will be in charge during the Second Coming.

You tell me bloggers, what is it that seem to make the governing party invincible at the polls? Is it possible that someday there will emerge an alternative to the ANC (which President Jacob Zuma refers to as an elephant), which could possibly take over the reins? Could this happen in the foreseeable future or in some very distant future?

Chuene must face firing squad!

Watch your back... 800m world champion Caster Semenya and ASA president Leonard "Liar" Chuene. Picture: Gallo Images/Getty Images Europe.


ATHLETICS South Africa boss Leonard Chuene is a snake in the grass.

That Chuene was aware teenage sensation Caster Semenya was unknowingly subjected to gender-testing in SA before she captured gold in Berlin is intolerably atrocious and unacceptable. Not only is Chuene guilty of gross violation of Semenya's fundamental human rights, he sacrificed the poor girl at the altar of superficial glory! For all this, Chuene must not only be fired, but severely punished. Chuene has brought the whole country into disrepute. What an embarrassment he is!

In defence of the media

WE the media – whether it be political or investigative or whatever form of journalism – derive our mandate from section 16 of the Constitution.

This section in the Bill of Rights guarantees the freedom of the media as well as everyone’s freedom of expression. In execution of our duties in creating an informed society we have to be mindful of a number of our subjects’ constitutional rights. In our country the Constitution is the supreme law, and therefore any behaviour that is deemed to be contrary to the Constitution is invalid and illegal.

In dealing with the matter of people’s privacy and dignity, the media have to reconcile the competing constitutional imperatives of freedom of expression, dignity and privacy.

The Australian Press (in particular) and the local media have come under fire for reporting on yet-to-be-formally released teenage sensation Caster Se menya’s gender test results. The charge is that the media has grossly violated Semenya’s human rights in rushing to publish the results before she could be properly notified of the outcome through the relevant channels.

There is no doubt that the teenage world champion from Limpopo has been treated unfairly in this saga. But before rushing to point fingers at the media, it is critical to pause for a second and establish, with sobriety (not of a judge), if the Fourth Estate is really the culprit here.

As in many countries that put a high premium on the freedom of expression, Australia has a Press Council, which is tasked with ensuring that a free press conducts its duties in a responsible and ethical manner.

The Press Council’s principle three specifically deals with the issue of pri vacy and states: “Readers of publica tions are entitled to have news and comment presented to them honestly and fairly, and with respect for the privacy and sensibilities of individuals. However, the right to privacy should not prevent publication of matters of public record or obvious or significant public interest.”

Here in South Africa we have the Press Code of Professional Conduct, which enjoins us to maintain high journalistic standards in our profes sion. But the code is unambiguous when it comes to the principle of public interest.

“The public interest is the only test that justifies departure from the highest standards of journalism,” it says.

What can be deduced from the Aus tralian Press Council and SA Code of Conduct is that a case of an overwhelm ing public interest will prevail over a public figure’s constitutional right to privacy, provided that the information to be revealed is directly linked to the public figure’s official duties or is the bone of contention in relation to their performance, as is the case in the Semenya storm.

It’s therefore reasonable and rational to arrive at the conclusion that the media is not at fault here. Almost everyone would agree that a case of overwhelming public interest in this instance is absolutely compelling. The Fourth Estate in Australia, South Africa and elsewhere was justified in prema turely reporting on the matter.

Athletics South Africa and the Inter national Association of Athletics Feder ations (IAAF) are the real culprits here and have to share the blame. Suffice it to say that the IAAF’s treatment of Se menya has been atrocious. But making the media a scapegoat does not cut it. The media of South Africa and the world are well within their rights here.

Cedric Mboyisa is political editor of The Citizen. This column first appeared in The Citizen newspaper.

Cry my beloved Gcilima

Mini-me (my two-year-old daughter) Naledi visits my birthplace, Gcilima. Picture: Cedric Mboyisa


A recent visit to my rural village of Gcilima in KwaZulu-Natal had me wondering whether the ruling party’s “better life for all” war cry really applies to everyone.

In my interaction with various sectors of this community on my academic project to establish a local radio station there, the respondents were unequivocal in saying that little, if not too little, development had taken place.

From pupils to housewives, from the youth to the elders, the common response was “ayikho intuthuko kulendawo” (There is no development in this place).

Oh, by the way, these people cannot be dismissed as whinging supporters of opposition parties who are on a mission to portray the ruling party in a bad light ahead of the 2011 local elections. In fact, Gcilima is predominantly an ANC area as evidenced by the two local wards that are held by the ruling party. Of course, there are Inkatha Freedom Party supporters in Gcilima and surrounding areas.

In my conversation with two local ANC Youth League leaders, they also expressed their serious concerns at the snail’s pace of service delivery in Gcilima. They admitted that their party had failed in properly addressing the socioeconomic issues in the area. You can see the pain and frustration in their faces as they related Gcilima’s sad story of non-development and non-service delivery.

They were brutally honest and frank, telling me that local councillors (not necessarily the current ones, but in general) would say there is development in Gcilima because they drive fancy cars and live in opulence. This is while ordinary folk fight a losing battle against poverty, the seemingly invincible enemy here.

Local folk would tell me that they were never involved in the process of selecting their “imposed” local representatives. Hence, they complain, there is minimal interaction with the councillors who are tasked with improving their lives.

A highly educated relative of mine and others tell me that nepotism and connections reign supreme if you want employment in local municipalities. A visit to Hibiscus Coast Municipality, one of the local authorities, left a nasty taste in the mouth… the aura of arrogance was palpable!

Needless to say, my trip to the municipality offices was futile as I left without getting the help I needed. This was despite having notified them in advance about my visit.

It would appear that those in authority think they are doing the public a favour. What they are forgetting is that the public put them in those positions in the first place. So their duty is to serve the public with diligence and selflessness. Local councillors must not view themselves as celebrities who live the high life while the public (who are, in fact, their bosses) starve.

ANC secretary-general Gwede Mantashe is right when saying, “We must refuse to accept that getting elected to a position of influence is a licence for personal wealth accumulation.”

Local government is an indispensable sphere of government. While the province system may be done away with some day, local authorities will always be at the forefront of ensuring service delivery and development for rural villages such as Gcilima. People are crying out for real development. A better life for all can’t be the preserve of the likes of Cyril Ramaphosa, Saki Macozoma and the ANC-connected elite. The masses are tired of being messed with.

Cedric Mboyisa is political editor of The Citizen. This column first appeared in The Citizen Newspaper.

Peter Darley on racism and colonialism

Hi,

Don’t you think that we are getting tired of the constant references to ‘racism’? A term which is never defined and is, in fact, indefinable.

Consider the following facts:

Governance: there is no successful Black government in the world and there never has been. Haiti has been independent for 200 years. Would you want to live there? Liberia has been independent since 1847. Would you want to live there? Ethiopia (apart from a short occupation by Italians) has been independent for 3000 years. Would you want to live there? Boy Julia (I just love whoever came up with that!) bemoans the lack of Black people in the ‘economic cluster’. The history of post-colonial Africa is not encouraging. “Are we only good enough for the security cluster?” That is hardly a shining success, either, is it? If you are able to step far enough back to obverse from a distance, it is impossible to avoid the conclusion that government is the problem, not the solution.

‘Transformation’: this is merely the modern equivalent of ‘Africanisation’; even the ANC shies away from the term. Changing the name will not change the outcome.

Failed state: any country, such as South Africa, where the number of people receiving welfare payments exceeds the number of taxpayers by a factor of 3:1 is a failed state.

Constitution: it is clear from commentary that most people have no idea of the purpose of a constitution. It is to protect the people from the government.

Education: I have come to the conclusion after many years of thinking about and studying things that governments do not want educated people. Now, why should this be, you are wondering. Educated people cannot be fooled by governments. Mass education has only been available for less than 200 years. Before that, ‘rulers’ (mostly self-appointed kings, dukes, bishops and mullahs (and your ‘traditional’ leaders)) deliberately restricted education to just sufficient people to keep their autocratic systems going. These (mostly self-perpetuating) autocrats depended on the ignorance of the masses for their very survival. Therefore, it was necessary to keep the masses ignorant and thinking how lucky they were just to be able to work 12 hours a day for only the basic necessities. This ‘luck’, of course, was attributed to the benevolence of the autocrats. There is no evidence that the ten most recent generations have had more brain capacity than people 2000 years ago. If governments wanted educated people, why do they make such a complete hash of it? It is clear that privately sponsored education produces a much greater proportion of educated, productive people.

Poverty: by the same token, governments do not want to eradicate poverty. You surely cannot believe that poverty could not have been eradicated over the last 2000 years. Millions of people have dedicated their whole lives to the task—and failed. Why? Failure keeps them in a cushy job for life. But we have found the answer—it is called laissez faire capitalism. Capitalism, properly applied, guarantees equality of opportunity, not equality of outcome. The irony is that the ‘leaders’ all know how prosperity is created—they just cannot bring themselves to give up control of the people.

Capitalism: there is not now, and has not been for almost 100 years, a capitalist country. The flowering of capitalism was in the US between the end of the Civil War and about 1918. Everyone in the world is now living on the products of that capitalist period. What we have now, in most ‘democratic’ countries, is fascism i.e. control of business by government.

Economies: the crucial point that most people never learn is that governments do not create economies. Economies are created by millions of ordinary people going about their daily business of making a living.

National Health Insurance: the much-touted NHI scheme is destined for failure. For one very good reason—whenever something ‘free’ is offered, the demand will far exceed the supply. The result can only be rationing—some will get more health care than others. Guess how valuable
your ANC membership (or your skin colour) will be then. The government has admitted that the existing health system is not functioning. If it is not functioning now, what will change it and why do they not change it now? “Government must ensure that the best brains and expertise the country has to offer are utilised”. Where will these come from? The ANC has demonstrated no ability to manage anything over the last fifteen years. Think SABC, SAA, Transnet, Denel, Eskom, Land Bank, hundreds of dysfunctional municipal councils. All of the ‘managers’ of the Metro Police departments are Black. They cannot persuade their staff to enforce the law, especially with regard to motorists. So what are they ‘managing’?

Drugs: check the patent record of life-extending drugs. (There are no life-saving drugs, because everyone dies). The patents are taken out in semi-free Western countries—overwhelmingly by White people, overwhelmingly by males. Name one drug that was developed in the former Soviet Union, in Cuba, in Africa.

Socialism: Let me tell you a story. “My mother convened five of her offspring who were still at school. She produced 74 loaves of bread, containers of peanut butter, jam, egg salad, tuna fish, grated cheese, sliced polony and mayonnaise. My mother had grown weary of packing five lunches a night, five days a week, nine months a year. She instructed us to start making a year’s worth of sandwiches. Each of us was under the impression that we were creating the sandwiches we ourselves would eat. The results tended to be moist and plump, precisely to personal taste. We crafted sandwiches for three hours, at the rate of four sandwiches per person per hour. Then, realising that we would be at it until well into the following week, my mother intervened. She decreed, in effect that the capitalist ideal of individual initiative in the pursuit of individual reward be replaced by quotas. Our personal stacks were nationalised; all sandwiches would belong to the collective. The quality of workmanship underwent an abrupt decline. Many sandwiches found their way into the freezer without mayonnaise or filling of any kind. Some members of our brigade deliberately spread jam over tuna or combined peanut butter and egg.” And there, my friend, is the root of socialism’s eternal failure. If this can happen within one family, you may understand why socialism does not and cannot work.

Food: it was recently mentioned that the Congo (the other one) would make available 10 m hectares for cultivation (by foreign farmers). This is 29% of the whole country’s land area. As usual, the elephant in the room was completely ignored, and the question has never been publicly asked: why can Black farmers in the Congo not do this?

Pensions: when this (or its successor) government has finished pissing all the money into the sewer of welfare payments and health care costs (both non-productive), the only money left will be in the pension funds. What do you expect to happen then? As I mentioned to your former colleague, Jameson Maluleke, some years ago, you are part of the luckiest of all Black South African generations. Your children will be fighting over the remaining scraps and your grandchildren will be back to scratching in the dust for subsistence. Don’t believe me? Go to any other post-colonial African country and see how the grandchildren of the ‘liberators’ are living. I have been to Tanzania, Ghana, Zambia, Botswana, Namibia and DRC and I have seen it. Try going there yourself and see how the ordinary people live. Then come back and think “Why will it be different here?”

Colonialism: if it were not for the White man, Johannesburg would not exist; Cape Town would not exist; Cedric Mboyisa would not exist.

Regards

Peter Darley