Guard our precious constitution

A Chadian soldier on patrol in the retaken town of Damasak, Nigeria. Armies from Nigeria, Cameroon, Chad and Niger are battling to end Boko Haram's terror campaign, which has killed thousands. REUTERS/Emmanuel Braun

A Chadian soldier on patrol in the retaken town of Damasak, Nigeria. Armies from Nigeria, Cameroon, Chad and Niger are battling to end Boko Haram's terror campaign, which has killed thousands. REUTERS/Emmanuel Braun

Published Jul 12, 2015

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A hallmark by which we, and perhaps all Africa, will be judged by the international community, writes Mathew Phosa.

All South Africans must protect our hard-won constitution as it offers a model for the further development of Africa. As the underpinning of our legal system and cornerstone of our culture and position in the global community, we cannot allow the principals in our supreme legislation to be compromised.

South Africa was established as a constitutional democracy with built-in separation of duties and clear levels of governance and institutions that protects our freedoms and the rule of law are entrenched in the constitution.

Our disrespect for institutions such as the Office of the Public Protector and the Human Rights Commission, not to overlook the Office of the Auditor General, to name a few, not only compromises our individual and group liberties but also threatens our position in Africa and the global community.

Respect for the procedures of Parliament by the ruling party and the opposition should never be compromised, just as respect for the choices of the electorate should be protected without compromise.

Those disrespecting our institutions and our people must be held accountable.

We all have a responsibility towards conducting ourselves to the benefit of society, be it the responsibility of the executive to lead without compromise or for the individual and institutions to play their respective roles, such as paying for services delivered and taxes.

This also applies equally to our business leaders and our politicians. And let us respect whistle-blowers for the service they offer by coming forward to point out misconduct perpetrated by those in power, and let us STOP victimising them.

We deserve to be governed in a responsible way and we must all act responsibly, as corporations or individuals, to play our rightful role among nations on the continent and in the world.

By entering into agreements and international treaties, we expect the laws and conditions governing those to be maintained and not to be called into question. We should never apply conditions regarding compliance, when tested, or at will.

If, as a nation, we want to be treated with respect, we must not act like delinquent teenagers. We are living in a world where secrets are increasingly more difficult to keep.

Information-sharing through the use of social media is increasing on a global scale. There is a growing community, other than the recognised press, that makes a living from acquiring and sharing information at the speed of light.

Actions already tested in the media are difficult to defend as more and more information is shared by everybody involved and in the know.

Good governance is not only a concept that demands relatively clean, transparent, and publicly accountable government. It also requires accountable political leadership and a democratic political system operating smoothly with feedback – accountability – from the government to the people regarding the impacts of its actions on society.

The constitutional principles of good governance and accountability to the electorate and the population form a cornerstone of the agreements reached at Codesa and not negotiable.

If we don’t mind being held accountable, we should not attempt to do things in secret or, worse, deny having acted in an unconstitutional manner.

Good governance, be it corporate or public, is the root of local and foreign direct investment and sustainable economic development.

Without policy certainty, adherence to good governance and the rule of law, unconditional investment will bypass South Africa.

Politicians must guard against building unhealthy reliances on world powers that provide conditional capital and skills to the benefit of their own nations at our expense. These relationships are not only unhealthy and a new form of oppression, they are an insult to Africans.

The Arab spring of late is a stark reminder of what happens when a dictatorship is finally broken with no political structure to replace it.

We can rightfully ask if it is a matter of “Dreams Deferred”.

The birth and growth of organisations and terror groups such as Boko Haram and IS can be directly linked to the chaos that followed in Libya and the establishment of a military dictatorship in Egypt and other countries where change happened through the barrel of a gun.

By constitutionally limiting political terms for elected officials, the foundation for a strong democracy is laid, while the outdated practice of clinging to power at all costs is a recipe for an economic and social disaster.

Disorganised regime change also impact on countries around areas of change, as was demonstrated almost two weeks ago in Tunisia.

Now, let me deal with matters constituting the foundation of our democracy. I will also address the democratic realities that will allow us to meet the growth projections for the continent in 2050.

Some say that Parliament, our supreme institution and the key to a prolonged democracy, has become a circus.

Since the first sitting of Parliament after the 2014 national elections, we have experienced consistent challenges to leadership and procedures that have resulted in the president of the country being mocked and Parliament being paralysed.

This paralysis and subsequent poor decisions and attempted cover-ups of pertinent issues have ridiculed South Africa internationally and hurt our position among nations on the continent.

It has also hurt our ability to attract foreign direct investment, as we now have to explain South Africa, its people and its actions to the world.

Government and the private sector must not point fingers at each other when it comes to investment, transparency and economic growth. To build a strong economy, all parties must know their place and play their parts to the fullest. Without robust corporate and public leadership it is impossible to build a framework for entrepreneurial development and sustainable job creation.

Strategies like the National Development Plan should be universally supported and not shelved or ignored when the incumbent politicians get replaced – or when we don’t agree with the process although it was transparent and inclusive. We often see how well-thought-out plans and programmes developed through practices where consultative processes were followed get rejected because “it is not my plan”.

Government’s role is to create a framework for investment through resilient policies and thought leadership. By adherence to clear and succinct policies, private sector must be encouraged to create sustainable, long term jobs.

As a country, we need to invest in the development of the necessary skills to make South Africa competitive. With our population expected to mature and the development of Africa becoming a drawcard for local skills, we need to ensure our people are trained and employable.

We also need to make sure there are jobs for them locally. We don’t want them to leave; we need all South Africans to make a difference locally and in a continental context.

We must guard against South Africa losing direction and failing its population and the continent.

Our leadership must stop attacking the press and the judiciary as they are both key to our democracy.

We must take pride in having created institutions that will protect our rights and protect our constitution. The current “game” being played by our leadership is dangerous and has the potential to destroy everything that was fought for.

Let’s think carefully before extending the compromises already experienced in State Institutions such as the State Security Agency, the National Prosecuting Authority, the SA Revenue Services and the Hawks. We cannot allow this to continue as it is already grouping South Africa with other world despots.

Also, the international community regards South Africa as the “conscience” of the continent.

Although growth in Africa has been phenomenal over the past 15 years, the perception remains that the success of Africa rests on the political realities and depth of governance and respect for local and international law in South Africa.

We have always been the beacon of hope for the smooth economic and societal development of Africa, but the light is tarnished and our leadership has become blind and deaf to the damage being done.

As a nation and through our political leadership, we have to do things differently if we want to outshine other African countries regarding attracting essential foreign direct investment.

The big challenge today is selling South Africa as an investment destination. We do many things right and we mostly do the right things. We have to ask ourselves: What can we do to restore the trust of the world in South Africa as a leader in Africa? And we must agree that arrogance and complacency are not ingredients for success.

* This is an edited version of Phosa’s speech at the Primavera Conference on leadership, governance and education.

** The views expressed here are not necessarily those of Independent Media.

The Sunday Independent

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