Critical South Africa Debates by Bryan Britton - HTML preview

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CONSTITUTIONAL DEMOCRACY EXPERIMENT

South Africa’s attainment of constitutional democracy in 1994 ended forty eight years of white rule and put and put an end the abhorrent Apartheid regime. The twenty three years since have been paved with good and bad intentions and good and bad governance.

In the collection of key statements below it can be seen how South Africa veered during this period from typical Western Democracy to typical African Kleptocracy.

Key Statements

“Moreover, as violence diminishes, as criminal and terrorist activities cease, and as the process of dialogue and communication acquires greater momentum, there would be little need to keep those affected in detention or prison. The implementation of the principles I have stated today can have far-reaching effects on us all. I believe that we are today crossing the Rubicon. There can be no turning back. We now have a manifesto for the future of our country, and we must embark on a programme of positive action in the months and years that lie ahead. The challenges we face call for all concerned to negotiate in a spirit of give and take. With mutual goodwill we shall reach our destination peacefully” PW Botha

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The saboteurs had planned the manufacture of at least seven types of bombs: 48 000 anti-personnel mines, 210 000 hand grenades, petrol bombs, pipe bombs, syringe bombs and bottle bombs.

A document was produced during the Court case in Mandela's own handwriting in which he stated:

"We Communist Party members are the most advanced revolutionaries in modern history ... The enemy must be completely crushed and wiped out from the face of the earth before a Communist world can be realised". Nelson Mandela

In passing sentence at the time, the Judge, remarked:

"The crime of which the accused have been convicted that is the main crime, the crime of conspiracy, is in essence one of high treason. The State has decided not to charge the crime in this form. Bearing this in mind and giving the matter very serious consideration, I have decided not to impose the supreme penalty which in a case like this would usually be the proper penalty for the crime." Justice De Wet

“Today we are entering a new era for our country and its people. Today we celebrate not the victory of a party, but a victory for all the people of South Africa”. Nelson Mandela

“The South Africa we have struggled for, in which all our people, be they African, Coloured, Indian or White, regard themselves as citizens of one nation, is at hand” Nelson Mandela

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“We place our vision of a new constitutional order for South Africa on the table not as conquerors, prescribing to the conquered. We speak as fellow citizens to heal the wounds of the past with the intent of constructing a new order based on justice for all. This is the challenge that faces all South Africans today, and is one to which I am certain we will all arise”. Nelson Mandela

“I speak of the generation represented pre-eminently by our outgoing President, Nelson Mandela - the generation of Oliver Tambo, Walter Sisulu, Govan Mbeki, Albertina Sisulu, Ray Alexander and others.

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“Today, as I take this solemn Oath of Office as the Fourth President of the Republic of South Africa, I do so deeply conscious of the responsibilities that you, the people of our country are entrusting in me.

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“Let us build a nation that remains forever mindful of its history, of those who have sacrificed so much, and the many that put down their lives so we can be here today.

A nation filled with the laughter and joy of children.

A nation filled with a hope born of the knowledge that if we work together, we will achieve our dreams”. Jacob Zuma

“At the same time, the Economic Freedom Fighters have presented their demands to the bastions of the capitalist establishment and answers will be eagerly awaited. Money has to be found for all these causes just as our economy is slowing down and the government is drawing down its reserves. The “South African Spring” could not have happened at a worse time.

Yet the plain fact is that the Born Frees which now represent over half our population are not free at all.

They may be entitled to vote but that is about it. Economic freedom, or the opportunity to build a satisfactory life for oneself as well as ones family, is a distant dream. It now requires some revolutionary new ideas that are not just hidden away on the internet in some lengthy document. Those ideas need to be itemised into a readable plan as inspiring as the Freedom Charter and converted into action, starting now”. Clem Sunter

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“The ANC is currently making SA a welfare state and tends to forget that there is only a minority that pay all the taxes. They are often quick to say that if people (read whites) are not happy they should leave. The more people that leave, the more their tax base shrinks. Yes, they will fill the positions with BEE candidates (read blacks), but if they are not capable of doing the job then the company will eventually fold as well as their new tax base. When there is no more money available for handouts they will then have a problem because they are breeding a culture of handouts instead of creating jobs so people can gain an idea of the value of money”. Moeletsi Mbeki

“We all accept that a socialist model, along the lines of the Soviet Union, is not workable for SA today. The creation of a state-owned economy is not a formula that is an option for SA or for many parts of the world. Therefore, if we want to develop SA instead of shuffling pre-existing wealth, we have to create new entrepreneurs, and we need to support existing entrepreneurs to diversify into new economic sectors”. Moeletsi Mbeki

“And then when the tax base has left they can grow their mielies in front of their shack and stretch out their open palms to the UN for food hand-outs and live a day to day existence that seems to be what they want – sit on their arse and do nothing”. Moeletsi Mbeki

The President is the Head of State and Head of the national Executive. His is indeed the highest calling to the highest office in the land.

Only upon him has the constitutional obligation to uphold, defend and respect the Constitution as the supreme law of the Republic been expressly imposed.

Unsurprisingly, the nation pins its hopes on him to steer the country in the right direction and accelerate our journey towards a peaceful, just and prosperous destination.

He is a constitutional being by design, a national pathfinder, the quintessential commander-in-chief of State affairs and the personification of this nation’s constitutional project”. Chief Justice Mogoeng

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On a proper construction of its constitutional obligations, the National Assembly was duty-bound to hold the President accountable by facilitating and ensuring compliance with the decision of the Public Protector. The ineluctable conclusion is therefore, that the National Assembly’s resolution based on the Minister’s findings exonerating the President from liability is inconsistent with the Constitution and unlawful”. Chief Justice Mogoeng

“Our constitutional democracy can only be truly strengthened when: there is zero-tolerance for the culture of impunity; the prospects of good governance are duly enhanced by enforced accountability; the observance of the rule of law; and respect for every aspect of our Constitution as the supreme law of the Republic are real.

The rule of law requires that no power be exercised unless it is sanctioned by law and no decision or step sanctioned by law may be ignored based purely on a contrary view we hold.

It is not open to any of us to pick and choose which of the otherwise effectual consequences of the exercise of constitutional or statutory power will be disregarded and which given heed to”. Chief Justice Mogoeng

“The misuse of public funds to finance some of the renovations at President Jacob Zuma's private home at Nkandla will almost certainly not be the main blot on his presidency. The massacre of 34 miners by the police at Marikana (and the manner in which politicians and police leaders attempted to avoid being held responsible for the massacre) will, in time, almost certainly come to be viewed as the worst aspect of President Zuma's tenure as head of state”. Pierre De Vos

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