Tuesday, June 2, 2020

DOES OUR CONSTITUTION BELONG IN THE WASTE PAPER BASKET?

The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands in times of challenge and controversy - Martin Luther King


We must reject and hold accountable those in office who would make a mockery of our Constitution Jim Mattis, former US Secretary of Defence. 3rd June, 2020



UPHOLDING THE FREEDOMS AND RIGHTS ENSHRINED IN OUR FINE CONSTITUTION IS AN ABSOLUTE IMPERATIVE IF WE ARE TO RECOVER AND MOVE FORWARD AS A NATION - ECONOMICALLY, SOCIALLY, ETHICALLY


Backdrop

Our recent social history prior to the advent of the pandemic

When talking about racial tensions between groups, and what has become ‘popular’ - white fragility, white supremacy and white privilege comparisons are odious (for example between the USA and South African situations). The nature, causes, demographics (Whites represent a diminishing 7% of the population), power balance and legislation are all considerably different.

In the 1992 national referendum in South Africa 70% of ‘Whites’ voted to abolish apartheid. (85% of registered voters voted). This enabled the reform initiatives of State President F.W. de Klerk to proceed apace. The arrival of "the rainbow nation" was heralded with ANC leader Nelson Mandela's election in 1994.

Unfortunately, in over a quarter- century since then the ANC has not delivered, but instead plundered resources for selfish purposes. We have seen unbelievable corruption, state capture and state creep that has gone unpunished as the ANC simultaneously dismantled or rendered toothless the necessary checks-and-balances institutions. Now under consideration we have nationalisation of the reserve bank, state-prescribed pension fund investments ... The ANC, founded with the support of various institutions including the Church, is a tripartite alliance with the Communist Party and the trade unions (whose motives are not in any aligned with what is best for a "democratic" nation. The long-ongoing deployment of cadres who are rewarded for their loyalty to the party, has taken precedence over any selection to high posts that are based on competence and merit. 

Various "retribution, restitution, restoration" initiatives (including laws and quotas touching every aspect of life) have been introduced over the years and a 'Restitution Charter' is currently being drafted. A huge problem is that the real intent of legislators is to serve their own power and financial ends. All such initiatives are doomed to fail when they are:

  •          transplanted from other cultures without taking account of the South African-specific context, demographics and situation
  •          accompanied by strident and combative “you owe us” demands, and attempts at forced compliance (which invokes resentment, fear and resistance and is likely to result in denial, avoidance, separation and polarization). Surely the aim is not to point fingers, leverage guilt, make never-ending payback demands, and facilitate revenge – but rather to bring peoples together within an interconnected, loving community.
  •          introduced in an atmosphere of mistrust. Opportunities to bridge differences, engage positively, arrive at a situation where people view each other as equals, value difference, respect each other - are lost when (post Mandela) government practice a politics of exclusion, encourage division, and plan and enforce (including through legislation) mandatory “restitution” such as black economic empowerment and employment quotas in business, sport, the arts and other areas where upliftment and merit should prevail; land ‘reform’ under the umbrella of expropriation without compensation, prescribed pension fund investments, an ill-conceived national health insurance ‘scheme’ …
  •          launched in an environment of rank incompetence, theft, bribery and corruption. State capture and state creep has brought us to a point where the size, inefficiency and strident salary demands of the public sector, state run enterprises and trade unions (who obviously have voting power) are a huge burden on the rest of the economy.  We have seen the drastic deterioration of our energy, education, construction, textiles, transportation capacities and face similar deterioration in clean water supply and other areas … What a waste. What a lost opportunity to develop our once high-potential economy to the benefit of all.  
  •          attempted in a context where the restorers or ‘previously advantaged’ (the White population) is in the process of emigrating and aging, and expected to be only 5% of the total population by 2030 according to forecasts by the likes of scenario expert Clem Sunter. The 5% simply cannot restore for the 95% what some politicians and senior government officials continue to demand!

It seems to me that successful engagement across divides ultimately depends on the sharing of stories and on HOW a powerful inter-racial community is built – free of xenophobia, genocide, and overt and covert racism. Necessary ingredients include non-violent communication; the bringing of insight, healing, togetherness and belonging; and strong leadership (preferably role-modeled by Government in line with our constitution).

It is against this background that we should view the CCCCCC’s approach to and ‘management’ of the coronavirus pandemic.

The CCCCCC’s motives

In South Africa, empowered by the Disaster Management Act, we are being “led” through the coronavirus pandemic by a National Coronavirus Command Council headed up by Jacob Zuma’s ex-wife, who is the Minister of Cooperative Governance and Traditional Affairs.
Her council might more correctly be referred to as the CCCCCC (Covid-19 Command Control Compliance and Capture Council).  

Minister Nkosazana Dlamini-Zuma aspires to be President and her focus appears to be on political matters quite far removed from managing the response to the pandemic.  Opportunistically and improperly … (she) sees the pandemic as a pretext for pursuing pet projects of hers that are both unconstitutional and questionable …”.
At a press conference on 25th April, 2020 she stated that the coronavirus pandemic “… also offers us an opportunity to accelerate the implementation of some long agreed upon structural changes … These opportunities call for more sacrifice and – if needs be – what Amilcar Cabral called “class suicide” ….’.  (Hoffman, P. 2020) Cadre deployment has been practiced for years now.

Marxist Cabral led the revolutionary guerrilla war for independence against Portuguese Guinea, West Africa. His solution requires doing away with capitalism and adopting the non-colonial values of the masses. In South Africa we continue to see senseless killing of white farmers - their key role as food producers ignored in favour of mindless political revenge. 

An analysis of the sustainability of our constitution and our “unalienable human rights” is the topic of this article.
Judge for yourself whether the decisions taken and measures introduced by the CCCCCC are a continuation of past political behaviour, or in line with our constitution, rational, sinister, or merely a function of incompetence. Or a combination of these things.

(The South African government has repeatedly stated that its approach to managing the Covid-19 pandemic is solidly based on science. Why then, when the scientists who advise on the coronavirus have recommended a move to Level 1, did they decide to opt instead for the WHO’s preference to move gradually, so that we now find ourselves still at Level 3 – with government reserving their right to move hot-spot areas to Level 4?)  (Hunter, Q. 2020)


The relevance of the CCCCCC’s applied measures and approach

Arguably, the South African lock-down rules have been amongst the harshest in the world. Major questions that arise, are:

·       How valid are the ‘scientific’ models, algorithms, and the ‘evidence’ predicting incidences of infection and deaths by age-group?   
      (Measures create for many an illusion of orderliness, precision, certainty, predictability, objectivity and control. They need to be properly designed to measure the right things in the right way – something we get wrong far too often). 
      The way we have predicted and measured rates of infection and expected fatalities, the degree to which the “curve has been flattened’, leave much to be desired. (The WHO, CCCCCC, economists, psychologists, doctors, ordinary citizens, all have different measures). There is emerging evidence that the official predictive models that have been used are based on some faulty assumptions and logic, resulting in inaccurate, exaggerated forecasts. And they appear to be fed sometimes by dubious rules about how deaths must be categorised. These predictions have played a large role in instilling and ratcheting up the level of fear that has beset us (far above what is warranted by the proportion of people who die), but what else have they achieved other than inform ill-advised decisions?                                                            
      A little more common sense and a little less pseudo-science would have better served us and helped us to save some of the unnecessary destruction of both the demand and supply sides of our ailing economy.

·         If efforts to ‘flatten the curve’ were to allow time for the administration to gear up their testing, hospital space and equipment, quarantine facilities, then why have we failed so dismally at using that time to good effect? And why concentrate on preventing the spread of the virus when that prevention is well-nigh impossible (and also prevents natural immune responses - the best and longest lasting – and which cannot happen without exposure?).  

·         Are we dealing with a disaster that warrants police brutality and mobilisation of the Army?  Or are these enforcers needed because of the irrationality of the control and compliance measures that have been introduced?

·         Did we really have to import Cuban doctors in the event that we may need them?

·         There is much talk about mandatory vaccination but how effective is this likely to be?  (The US Centre for Disease Control reported general vaccine effectiveness rates of 25% for 2017/2018 and 37% for 2019/ 2020. Not particularly encouraging)        And why vaccinate an entire population when Covid-19 fatality rates as a percentage of the total population are very low?

·         Who is counting the costs (financial, psychological, social and well-being) of cancelled hospital operations, procedures and treatments to make provision for possible Covid-19 possibilities; of incidences of domestic violence aggravated in high-density/ limited space communities and households; of looting …  Some 5000 lockdown violations are being processed every day according to media reports - at what cost to smooth race relations, and respect for government authority at all levels (national, provincial and municipal)? Why are attempts being made to shift to a racially-biased constitution during the pandemic? In addition to the abuse of land rights (expropriation without compensation), towards the end of June 2020, "a full bench of the Pretoria high court upheld the use of race as a criterion in the granting of Covid-19 relief to small businesses...small businesses struggling to survive the Covid-19 lock-down must comply with BEE requirements to merit access to relief". (Jeffery, A. 2020)

 Less important questions, but which draw attention to the irrationality of some of the control and compliance regulations dreamt up by the CCCCCC, include:

·         Is a visit to a member of one’s family (banned) any more dangerous than a visit to a shopping mall, petrol station, ATM, or jitney taxi ride?
·         Does being allowed to exercise or walk the dog within a specified three-hour time-limit, on a crowded pavement, do anything to reduce the number of infections and deaths?  Does it make any sense that we can, during exercise time, walk on crowded pavements but not on an empty beach?
·         Why must I be strictly regulated in terms of what and where I may or may not eat, walk, drink, wear, sit?  How far I may drive? What I may or may not purchase?
·         Why can I not attend the funeral of a family member, friend or colleague in another district without a certificate?
·         Apart from reducing the wearer’s oxygen inflow, what does the wearing of a mask actually achieve? They certainly don’t prevent the passage of nano-particles (in or out). And why wear a mask when driving alone in one’s car?
·         Do gloves reduce or increase one’s chances of being in contact with the virus?
·         Should the choice to smoke and consume alcohol be made by government?   (Is there any truth in growing allegations of Dlamini-Zuma’s links to illicit and highly profitable tobacco sales?)    
·         Why and how will the state monitor social distancing at mosque, temple, church, synagogue and other worship places where holy communion is practiced, prayer mats are used, and holy books and other ‘contact points’ apply?  Will specifying an arbitrary number of attendees make any difference? (At the same time jitney taxis are allowed to operate at 100% passenger capacity!) 

During the administration of our lock-down process I’ve searched in vain for signs of reasonableness, humour, wisdom and compassion. Instead corruption has accelerated. Tenders for food distribution, supply of medical clothing and hospital equipment are awarded to loyal cadres at highly inflated prices ...  


What has been the impact of lock-downs on our ‘inalienable’ rights and well-being under the constitution?

All of our laws and actions are subject to our Constitution, which has been held up as an enviable model of what a constitution should be.
Its essence, a Bill of Rights, when last I read it, includes many citizen rights that are being derogated (abused?) by the CCCCCC, including the right to:
  •  work,
  •  life, 
  • equality, dignity,
  • absence of discrimination (including on the grounds of age),
  • freedom of movement,
  • freedom from degrading treatment,
  • freedom of thought, expression,
  • privacy including protection against search and seizure of home, person, and correspondence,
  • ownership of land, and no expropriation without compensation,
  • the right to information held by the government ….
The CCCCCC may temporarily derogate from these rights if absolutely necessary under a real emergency and if consistent with our nation’s obligations under international law.  One may thus reasonably expect that these rights are safe-guarded at all times, and that any temporary limitations be thoroughly justified and severely curtailed.  

Ask yourself how many of the above rights have effectively been infringed during lock-down?  My count is 8 out of 10!

The principle of Ubuntu, where people care for each other’s well-being, and recognize that people are only people through other people (a deeply shared, interconnected humanity) is said to be implicit in the South African constitution.
If Archbishop Desmond Tutu was correct when he said “You might have much of the world’s riches, and you might hold a portion of authority, but if you have no Ubuntu, you do not amount to much, then we are busy destroying something of great value – the richness of our diversity.
Or is it wrong to believe that the Ubuntu social value system is something that should apply to all population groups and individuals at all times? And be demonstrated by government.

The Washington Post reported on the latest American Census Bureau findings that a third of Americans (34%) now show signs of clinical anxiety or depression, “The findings,” they write, “suggest a huge jump from before the pandemic,” and “provide a real-time window into the country’s collective mental health after three months of fear, isolation, soaring unemployment and continuing uncertainty”. (Fowers, A and Wan, W. 2020). Other research reports in the USA, UK and elsewhere show that the number is closer to 50% and rising. 
There is no reason to expect that this sort of toll on well-being is any lower in South Africa. Government tampering with our constitution naturally raises red flags, and may well result in even higher levels of anxiety and depression (Another cost to be computed).

And also ask why the lock-down is being continued, against scientific advice! (On 6th July we will reach 100 days. Our economy has been badly wounded again and again and our debt burden is spiraling out of control, while we are in 'junk status'. Perhaps resulting in fat more pain, suffering and even untimely deaths than what the Covid-19 pandemic may deliver. Even if non Covid-19 deaths are attributed to Covid-19)


Going forward

When one considers the nature and quality of the measures decided by the CCCCCC and imposed on our economic and social communities, do we label them as being well-intended but misguided?  It’s becoming easier to believe that the damage being done to our economy and social fabric is deliberate.
When considering our recent political history, statements by Dlamini-Zuma and others, the way in which the pandemic has been managed; can we reasonably infer that a measure of social engineering is taking place under the guise of disaster management.



Heather McGhee’s observation regarding the global financial crisis, “We would not have had a financial crisis if it wasn’t for racism” could be a portend for the irreparable damage the CCCCCC is bringing to our already junk-status economy and fragile social fabric.
And the truth of her “An injury to one is an injury to all” is highly relevant and undeniable. (McGhee, H. 2020)

South Africa is a failing State. Signs are:
  • our collapsed economy and huge national debt
  • clear indications that the government is losing legitimacy 
  • government's sinister motives, predatory tendencies, rampant corruption, state capture, state creep, a huge and increasingly costly bureaucracy
  • holes in the judicial system (ex-President Zuma again acquitted)
  • breaking down of basic services and provisions (transport, education, electricity, construction -  with water, safety and security, health services set to follow. Failure to acknowledge let alone act regarding farm murders will at some stage result in food shortages
  • a discernible shift from the last vestiges of democratic to authoritarian style and processes; and increasingly overt, applied racism
  • growing poverty, unemployment, gang life, crime and political positioning by the government in terms of forced land redistribution (land-grabs have escalated alarmingly during lock-down), prescribed pension fund investment and the like - not only threaten the very fabric of our wounded society, but sound the alarm bell of pending anarchy and criminality    

Somehow we must try to put the brakes on the absolute and suspiciously corrupt power that Government has put on display, and the lasting and likely irreversible damage being caused.
And although probably too late, we must continue to fight to try to prevent our constitution, the cornerstone of our national life together, that enshrines our rights and protects citizens from state abuse, from being rendered utterly worthless. Then earnestly begin the hard work of saving, restoring and healing what can be salvaged from the ruins, and healing our collective trauma. Financially, psychologically and socially. This will be a difficult task because the ANC is ideologically incapable of changing. The updated Films and Publications Act will soon be promulgated and contains draconian censorship powers that will prevent publication of articles like this one because it contains real or implied criticism of the government. 
A scenario that more are hoping for is that this corrupt, callous, incompetence government will implode.

AN UPDATE ON THE LAND OWNERSHIP QUESTION (August 2020)

The Beatles lyric springs often to mind, “I read the news today. Oh boy!” (A Day in the Life)

Escalating incidences of large-scale land seizures and the erection of shacks have become commonplace. Even if the government’s planned expropriation of white-owned land without compensation becomes legal as a result of changing the constitution, the activity can only be described as state-sanctioned theft, violent, racist and reprehensible. (The land audits conducted by government - the largest land-owner- use partial and misleading statistics and calculation-methodologies to grossly magnify the percentage of land held by whites).  One can only hope that the ruling ANC-Communist Party-Trade Unions alliance implodes before matters get totally out of control. This after 70% of whites voted to abolish apartheid, and a peaceful handover of power more than a quarter-century ago, during which much ‘retribution, restoration and restitution’ legislation, usually based on quotas proportional to population percentages, has been enacted in all areas of life. And during which, instead of providing, educating and uplifting the people, the government has squandered funds, destroyed the economy, continued to enrich a small black “elite’, and is bent on eradicating all vestiges of goodwill between race groups. This is not the way to go about redress and bringing unity.

The killing of farmers as a visible, ideology-fueled, symbolic “struggle” strategy designed to whip up hatred, and badly hurt ‘colonialists’ is a related activity that has remained a deliberate ANC strategy. Not only do they not admit to the “Kill the farmer” war song and slogan being hate speech, they have continued to refuse to acknowledge escalating white farm killings (except for a while under Mandela) as a priority crime, hiding or fudging statistics instead – this being the case during the Mbeki, Zuma and Ramaphosa eras. These killings have no place in a civilized, democratic society. They deserve priority crime status because the struggle is long over, they occur frequently, many if not most of the victims are old, the attacks are brutal and grisly, they harm our food supply in a time of economic depression, and the need for some social cohesion.   

And so, beyond disrespecting our constitution and trampling on basic human rights, this government shows scant regard for the value of life itself. 


Author’s Note: In terms of my ‘credentials’ as the author of this article, I make no claim to being an activist with any influence of note. But I do have an anti-racist upbringing, belief and intent. I grew up in the poor and pretty well mixed-race suburb of Woodstock in Cape Town, attended Regent Street Primary School, and was always taught to fight against racism in any form.  Perhaps I have done too little and I cannot speak for my unconscious biases, but I am proud to have, for example:

·         marched from St George’s Cathedral in central Cape Town on March on 13th September 1989 during a time of escalating violence, which has been heralded as “the first irreversible step to a new South Africa”. (Green, P. 2012) On this day Archbishop Desmond Tutu coined the ‘rainbow nation’ metaphor. 
·         taken a behind-the-scenes stance in my personal life. One scary incident was when harbouring a Black lady in our home. She was about to give birth and had no place to go. We were reported by our next door neighbours, and harassed by the security police. They would knock on the door at 3am to ask intimidating questions and make threats.
·         set up a customer service department and contact centre of 100+ staff for a major multi-national oil company that boasted by far the highest percentage of Black employees, all selected on merit, well before the advent of BBEEE legislation 

This article was written to address poor governance. It is intended to be free of any racial bias.
Graham Williams, June 2020



REFERENCES

Fowers, Alyssa and Wan, William (2020) A third of Americans now show signs of clinical anxiety or depression, Census Bureau finds amid coronavirus pandemic 26 May, 2020 The Washington Post

Green, Pippa (2012) Choice not Fate: the life and times of Trevor Manuel Penguin Random House, citing Patti Waldmeir – then Financial Times correspondent in South Africa

Hoffman, Paul. Advocate. (2020) Survival of the nation trumps the revolutionary transformation of the economy   2 May 2020 

Hunter, Qaanitah (2020) COVID-19 Lockdown. Scientists advised cabinet to go to Level 1, Government chose middle ground - Ramaphosa Published in News 24 on 31 May, 2020 Empowering SA
  
Jeffery, Anthea (2020) Rewriting the law for a failed system of BEE Daily Friend 25th June, 2020

McGhee, Heather C. (2020) Racism has a cost for everyone May 8, 2020 Ted Talks  https://www.youtube.com/watch?reload=9&v=eaCrsBtiYA4

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