Published in the Sunday Times 09 April 2024
The saga around the
ultimate charging of South Africa's chief lawmaker might indicate that the
governing party is not only shedding its old skin and staying the same but
metamorphosing into a creature we are poised to encounter beyond May 29, 2024.
Notwithstanding that her surrender was preceded by a dramatic display of a
truism that 'politicians can’t be expected to act contrary to their
well-being', the speaker was indeed sensitive to the disrepute her quest to be
innocent was or would be bringing to the office she held.
She now stands in the
dock with many in our land, as accused number one, as the President once opined.
It is true that, by law, she is presumed innocent until proven guilty, a right
she shares with all South Africans. However, we don't share with her the depth
of reputational damage her arrest did to society's trust in our democratic
order, which her indictment of the NPA characterises as a right. Many in the
vocation of politics in South Africa have been enjoying this right without
consequence. In the build-up to her arrest, we saw only state institutions
intervening because the conscience of the Speaker as a freely elected
representative of the people failed to guide her into first accepting the
alleged bribe and her fate for doing so.
Conditions of this
nature attest that the vocation of politics is incomplete unless there are
consequential political party member integrity management systems (MIMS)or
frameworks. These incentivise politicians to pursue their vocation in the
interest of society and not themselves. As the primary deterrent before the
criminal justice system, MIMS enters the fray when conscience has failed
deployees should be institutionalised in political parties as a condition for
registering with the IEC. This will strike a blow at a systemic level, from the
politician supply side to corruption and its adjuncts like state capture.
The growing expectation
of integrity from public representatives by the (foreign direct) investment
community, a rule of law-based global governance system, which (now) includes
indices on the integrity of elected public representatives and appointed officials,
has become a more critical factor than democracy to determine the growth
potential of nations. This has made the politician's integrity a public good
owned beyond the narrow limitations of joining a particular political
party.
Internal party
patronage, which has historically encouraged 'special privileges, access to
graft and bribes, tax loopholes, sweetheart deals for cronies and judicial
favouritism', has been foregrounded as a public interest matter whose
continuation puts the country's entire political order into disrepute. It is
this reality that a Ramaphosa presidency with its discontents will be recorded
as having had the courage to confront the scourge of corruption even if it
meant losing the internal party contest for president. Since the fateful 'we
are accused number one statement', notable senior leaders of the governing
party are living examples of how consequential the ANC's MIMS has been. The
former CEO of the ANC, the former Head of the National Executive who could not
have his alleged graft charges withdrawn, and now the chief lawmaker who had to
resign after an illustrious thirty-year stint in the National Executive
political leadership of South Africa have experience the commitment of the ANC
to its renewal program. The list includes those excluded from the final list,
which the ANC shall go to voters to be returned to power.
The anti-corruption path
Ramaphosa took remains one of the high-stakes and rivalrous decisions he has
taken. The margins of his safety shrunk, commensurate with the tradeoffs between his primary power base and
principle. When threats of
exposing his alleged involvement in malfeasance became dire, he demonstrated
that his resolve to confront corruption was so firm that he did what it took to
rally internal to the ANC and outside civil society coalitions. This kept his
enemies from breaking through, thus plunging the country into further chaos.
Ramaphosa maintained strong personalities implicated in graft among his allies,
including the speaker. They were kept on the basis that morality in politics is
a compass, not a straitjacket. For his renewal program sustainability and
strategic national interest, Ramaphosa’s display of diplomacy and coalition
building point toward a leader, despite his being compromised by past
activities, consistent with the values he believes this democracy can survive
the path to a failed state.
Such is the force of
renewal and the power of the ANC's MIMS that the IEC was challenged for simply
implementing a requirement that anyone convicted of a criminal offence cannot
stand for election. In South Africa, nowhere has the display of corruption and
state capture been so clear and damaging to the reputation of public
representatives and the bureaucracy as in their appetite to litigate their
wrongness into correctness. It is so deep that people litigate to be taken into
confidence as to why they should be charged, a privilege they have once been
charged.
Without a fiercely
robust and almost independent member integrity management system for governing
parties ...society would have virtually no way of being assured that party
political interests do not supersede national interests and the pursuit of a
rule-based order. Left on their own and without a normative framework, powerful
interest groups within or associated with political parties often prefer to
keep malfeasance buried in the pursuit of interests.
In the whirlpool of
losing its collective conscience on corruption and state capture, defending
criminality with political rhetoric, and making heroes out of hyena conduct by
some of its members, the governing party's voice of integrity and forthrightness
grew into a potent substrate no majority of malfeasance could suffocate. The
member integrity management system, which the ANC introduced at its 53rd
National Conference in Mangaung, is an innovation on the public representative
supply side this country will benefit from. Although not yet developed into a
thesis of anti-corruption, it deserves to enter the hall of monumental policy
statements the ANC has pronounced before. The renewal program inspired MIMS
will be incomplete unless it promises the nation like the Freedom Charter did
that "no government can justly claim authority unless it is based on the
will of all the people, and no public representative shall be allowed to
operate with the authority of government unless their integrity is consistent
with the values our Constitution espouses."
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