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Premier Mabuyane is a node of 'interests'. Are they national? A ndazi mhlekazi...

Interests, the currency and oxygen of politics, are a complex web that binds members of an organisation. Their acceptance, voluntary or otherwise, of its rules, rituals, and ways of doing things will enable them to hold together, creating a fascinating dynamic. 


Corruption, as an 'interest', has not only occupied a larger space in our country's politics but has also been rationalized to a level where it seems to have developed a political economy with moral value chains. This normalization of corruption is a cause for concern and requires our collective awareness.


Politics, being non-moral, is shaped by the prevalence of diversity as a fact in human life. This diversity elevates the importance of politics and confirms that interests are the actual embodiments of active diversities in political systems, shedding light on the complexity of political dynamics.


The Oscar Mabuyane, Premier of the Eastern Cape, episode of the many Public Protector reports that wrote several political obituaries in South Africa, is growing into a classic case study of how interests vary in their sharpness of definition, strength of purpose, and degree of activity in a political system. The new 'interest' at the centre of the governing establishment has been 'manufactured' about weeding corruption, corruptors, and corruptees out of the political system. This interest has thus far been sharply defined to the extent that it keeps the 'new order' stable enough until the entirety of the 'real interest' pursued is consolidated. 


The anti-corruption narrative is an investment whose capital returns seem only known to 'vocal investors'. As a society, our membership in the anti-corruption movement has the outcome of good governance and the levelling of the playing field as a towering return on investment. It is those we assigned the public power to institutionalise the objects of the anti-corruption movement that we did not interrogate their 'actual' interests in the movement and, therefore, their return on investment.


Consequently, corruption will be allowed to be corruption if it dislodges challengers to the reigning political economy hegemon or templates of economic domination. Otherwise, it gets a compromise label. The strength of the purpose of declaring a condition corrupt creates a firmament within which law enforcement and the rule of law assume significance as an activity in the political system. This makes the asymmetries of law enforcement respond to reports of corruption, thus undermining the very narrative of 'cleansing' South Africa of corruption.


Interests are constructed of humans and tend to be as biotic as their carriers. They develop a life of their own, have some form of genetic variability, and tend to spawn fibres with which they attach themselves to other corrupt life forms in the ecosystem. Since ecosystems have latency as a feature, latent interests mature as the comfort of the individuals hosting them concretises. In the South African context of tackling corruption and state capture, there is compelling evidence that the interest in fighting these seems to be more about the displacement of incumbents in the corruption and state capture enterprise with those that would do it within 'acceptable' levels.


There is an unannounced variance in tolerating corruption and state capture by 'others' in the 'game'. The secrecy of the variance, shared amongst those for whom there is demonstrated evidence of law enforcement snail-pacing towards them, establishes a duality in the 'moral' legitimacy of dealing with those who have grossly wronged society differently from 'others' who have done worse.


As a node of 'interests' and its 'networks', the Premier, according to the Public Protector report, and several 'under oath affidavits' as well as the 'embarrassing Fort Hare University' qualification saga, seems to have been caught up in the vortex of 'we are not them' urges of members of the 'organ' he might be leading. It is like 'organs' or 'groups' to concentrate or close ranks so that the ‘cause' defended may procure considerable strain from the 'nodal' person. For as long as what is 'defended' is in the 'common interest' of the 'organ', 'organs' in the network will intensify the 'legitimacy' narrative to levels of a 'swimming pool becoming a fire pool', and this we have seen before. As interests continuously orbit around a 'nodal person', every turn made creates layers that ultimately become a universe of interests deserving of socio-political capital investment whose growth creates a breed of prerogative leadership only failed states must be good at failing those they are governing.


The institutional response to the Public Protector report by accountability centres the Premier, as an organ of state and a member of a political party he belongs to, seems to have vitiated their roles of being institutions established for registering conflicts of interest, resolving such disputes, and ultimately maintaining the institutional resilience required to genuinely deal with 'interests' that impugn the reputation of South Africa. The power which the institution of the person-in-the-Premier embodies has such force of coercion that he cannot be left to draw on the judicial authority of the Republic whilst being an incumbent of the Provincial executive authority in the republic. 


Suppose the essence of the anti-corruption drive is etched on the 'interest' of making South Africa's democracy durable. In that case, it should be natural for all accountability centres to conduct the politics of the Mabuyane malfeasance against the background of power that is sanctified by both the country's and his party's constitutions and codes of conduct that flow from them. The procedural demands of a context focussed on dealing with malfeasance cannot tolerate affidavits with content that least addresses the facts of the malfeasance at the convenience of the factional sieves created in the political. For a while, the political has been underperforming in the normative of state building in South Africa; this has been so because we allowed the prerogative in the political to be normative in the selection of those that must operate in a competently normative demanding public service.


Mabuyane, especially his Premier of the Eastern Cape self, should understand that as a person, and because he took an oath to assume public power and thus an organ of state, he is, by definition, an entity of law. It would thus be foolish of our in-government and in-political party institutional edifice to think of Mabuyane outside his organ of state status unless we operate in a despotic democratic arrangement where everything is subordinated to the prerogative will of dominant factions, establishments, and 'nefarious elite consensuses'. 


Like his institutional peers, he should have known that the Public Protector as an institution was written in the Constitution to protect us against the 'public power' he embodied at our instance when we voted his party into power. In constructing that office, we created procedures for him, operating with the 'public power' we 'borrowed' him, to the effect that he should have a right of representation as the investigation ensues. We understood that once the remedial action is proposed, he shall have a legal recourse that might require him to invoke the integrity management system whose basis includes 'stepping aside' from 'our' public power if there are fewer to no grey areas about allegations against him. His affidavit, which I suspect might have already served elsewhere before the public protector, is at best compromising all that lead the anti-corruption movement and still consort with breeds of leadership that he has now defined himself to belong to. 


Ours has now become a political order that has been increasingly intolerant of insolence by those we borrowed our power as the public. Our leaders have been hard at work in the sixth administration to believe that they are a convergence point of what is in the nation's interest, their competence, and their interest in accepting our borrowed power. In its role, the office of the Public Protector has pronounced and proposed remedial actions. We expect those who took an oath of office to preamble any arguments in their defence of allegations of malfeasance with the contents of the oath. That way, contempt for the oath will automatically restrain our integrity management systems.

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