Saturday, September 27, 2008

Helen Zille - SA Today: A programme of action for President Kgalema Motlanthe

A weekly letter from the Leader of the Democratic Alliance 26 September 2008
A programme of action for President Kgalema Motlanthe


The new President of South Africa, Kgalema Motlanthe, must act quickly
and decisively to gain the confidence of the South African nation, and
demonstrate that he can rise above the factional power-plays of the
ruling party and govern in the interests of the people as a whole.
He must show that he is the leader of the nation, rather than the
chosen proxy for the leader of a victorious faction in the ruling
party, at whose behest he was elected President. And for that to
happen, he must, at the outset of his term in office, do two things
which are in the national interest but which will not serve the
self-interest of ANC President Jacob Zuma and his clique.
Firstly, he must announce the establishment of a judicial commission
of inquiry into the arms deal, headed by a judge nominated by the
Chief Justice.
In his verdict on the matter between Jacob Zuma vs. the National
Director of Public Prosecutions, Judge Chris Nicholson said of the
arms deal: "Only a commission of enquiry can properly rid our land of
this cancer that is devouring the body politic and the reputation for
integrity built up so assiduously after the fall of Apartheid".
This proposal – a key recommendation in a judgment which,
incidentally, was hailed by the Zuma camp as proof that our judiciary
is independent and that constitutional democracy is flourishing –
should be adopted by President Motlanthe. In fact, it is only right
and just that he should use his constitutional power to appoint such a
commission, headed by a judge nominated by the Chief Justice, so that
we can get to the whole truth.
The decay of our state institutions, caused by infighting in the ANC
and the use of these institutions to wage political battles, partly
has its origins in conflicts triggered by the arms deal. President
Motlanthe can help to arrest that decay, and prove his commitment to
fighting corruption, by appointing a commission without delay.
Secondly, President Motlanthe must state unequivocally that under his
administration there will be no 'political solution' to Zuma's legal
problems. Any attempt to broker a special political deal for Zuma
outside of the courts, with presidential consent, would be illegal and
unconstitutional, and would violate the oath of office taken by
President Motlanthe when he was sworn in by the Chief Justice
yesterday.
It would be a betrayal of his conscience, and a gross infringement of
the principle of equality before the law, if President Motlanthe
abused his power either to facilitate or condone a political
settlement for Zuma.
There is prima facie evidence that the ANC President accepted 783
bribes totalling R4.2 million over ten years. Zuma cannot credibly
occupy any office of state until a court of law has had a chance to
weigh the evidence and establish his innocence. A short-circuiting of
that process – especially one engineered by the Presidency, or one to
which it turned a blind eye – would confirm that the "recall" of
former President Thabo Mbeki was a cynical ploy by Zuma's supporters
to get their man off the hook without him having to face his day in
court.
Of course, President Motlanthe will also have to calm the political
storm that erupted on Saturday when Mbeki was recalled, and which
rumbled this week, after it was announced that a third of the Cabinet
had resigned. The manner and timing of that announcement surprised
South Africans, temporarily devalued the rand, shook local financial
markets, and revealed the breakdown of trust between the executive and
the ruling party.
Given that several Ministers from the Mbeki administration have been
included in the reshuffled Cabinet, President Motlanthe must ensure
that whatever tensions still exist between the executive and the ANC
do not negatively impact on governance and service delivery.
It is encouraging to see Trevor Manuel return as Finance Minister. The
appointment of Barbara Hogan as Minister of Health is a welcome
development. The redeployment of her predecessor, Manto
Tshabalala-Msimang, as Minister in the Presidency, is hard to justify
given her track record of incompetence. Perhaps her political survival
can be explained by the fact that her husband, Mendi Msimang, is a
former ANC treasurer, and knows a great deal about the financial
dealings and misdealings of the ruling party.
We note with interest that Brigitte Mabandla has been moved to Public
Enterprises, and made way for Enver Surty as Minister of Justice. This
is a critical portfolio in relation to the National Prosecuting
Authority, because in terms of legislation, the Minister of Justice
can request information from the NPA about pending prosecutions. The
DA will be watching Minister Surty closely to ensure he defends the
independence of the NPA and allows it to get on with its
constitutional mandate of instituting prosecutions where there is
prima facie evidence against any person, irrespective of his or her
political status.
For the rest, President Motlanthe's Cabinet is something of a mixed
bag, and it will have its work cut out to restore the integrity of
government in the short space of seven to ten months, when new
elections will have to be held. Even so, it must begin clearing the
debris left by the Mbeki administration, notably its policy failures
on crime, HIV/Aids, and job creation.
On crime, President Motlanthe can send a powerful message to South
Africans by distancing his government from the kind of denialism that
led the former Minister of Safety and Security, Charles Nqakula (now
inexplicably redeployed to Defence) to say that citizens tired of
crime could either "whinge until they are blue in the face" or "simply
leave this country".
The President and his new Minister, Nathi Mthethwa, must also work to
bring down levels of crime, improve conviction rates, and expedite the
review of the criminal justice system.
In the health portfolio, Barbara Hogan will bring a measure of
competence that Tshabalala-Msimang sorely lacked. Her challenge now is
to rid the Ministry of the last vestiges of denialism that sowed
confusion about how HIV/Aids is transmitted, hamstrung the universal
rollout of antiretroviral medication, and diminished South Africa's
reputation internationally.
Finally, it is time for President Motlanthe to revisit the debate on
labour market reform initiated by Jacob Zuma last year, when the ANC
President called for greater labour market flexibility on the grounds
that restrictive labour laws were "counting out the poorest of the
poor" from the job market.
A considerable weight rests on President Motlanthe's shoulders. His
past words and deeds suggest that he might bring a level-headed
approach to government and exercise a stabilising effect on our
national politics which have been taken to the brink by his colleagues
in the ruling party. But he must distance himself immediately from
their power-plays, and govern in the interests of South Africa rather
than the interests of the Jacob Zuma camp.


Best Wishes

No comments: