Litigation of government decisions, the challenge of foreign policy, usurping of local government functions through court orders, blatant attack on non-racialism policies in education, the open establishment of parallel education facilities based on language rights and threats to secede from South Africa by the Western Cape right; there seems to be little hope of building a South African nation envisaged by its Constitution.
The relentless pursuit of narrow race defined nationalist reawakening through the courts and 'other destabilisation' activities point to a picture of a country hard at work to implode itself into an open racial conflict. Whilst the implications might look lustre it is the long term impact on creating South Africa as a nation that will rob future generations of the stability they would require to be competitive.
The use of the law to undermine a fragile democracy like that of South Africa has the potential of seeing the value of courts in the arbitration of conflicting interests in society as a betrayal of the very liberation courts is intended to defend. The human rights guarantees that the Constitution has bestowed to all that live under it have for a while been enjoyed by those who are able to afford legal costs of crafting out of these rights 'separate development' of own 'volk rights'. With the Apartheid state having succeeded to condition its black victims to be receptive to a right less lifestyle and creating rights and our law citizenship understanding for non-blacks, the law as it stands seems to be favourable to those that understand its benefits to their context.
Law being an advanced civilisation matter, it tends to favour in society those that have the means and wherewithal to access it for their benefit. In a democracy where a judiciary is independent, this can only mean that public policy will be public to the extent that those who afford to challenge its publicness on their privateness allow it through the courts. Whilst the independence of the judiciary in normal society with defined national interests is welcome, its embrace by society requires consensus on the destiny of the nation.
The Afriforum's challenge of the Cuban donation, embarrassing as it was, should be seen as an interrogation chamber of the extent to which our Constitutional Democracy is attuned to the emotional intelligence of our politics. The absence of open combat war is not the presence of peace. South Africa is in the middle of a 'civil war', it is just fought in its courts and manipulation of the economic prowess others have on the majority in the country. The sporadic incidents of armed conflict preparations in remote farms disguised as youth camps can only indicate that fears of some amongst us of the liberation aspirations of others, still amongst us, are a new currency of conflicts disguised as civil liberties for defined race groups. A new CODESA is clearly long overdue.
The African National Congress, arguably the dominant social force in all matters South Africa, occupies a shrinking influence over the power of the State to reconcile the unresolved conflictual race-based interests of South Africans. The emerging, and arguably propelled, tensions between foreign nationals and a lumpen vigilantist youth brigade dubbed 'operation dudula' might be a trailer of the civil strife occasioned by an economy growing far lower than its job-seeking population. Fear of state intervention to correct some inherent anomalies in the economy which has generated the weaponisation of justice dispensing institutions against the poor is fast becoming an 'own rights-based anarchy' that undermine the golden rule that the will of the majority should govern.
🤷🏿♂️A ndzo ti vulavulela
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