A chance for Parliament to show it works for the people

Parliamentarians will decide on adopting or rejecting the recommendations by the Section 89 panel headed by retired Chief Justice Sandile Ngcobo, says the writer. Picture: Phando Jikelo/African News Agency (ANA)

Parliamentarians will decide on adopting or rejecting the recommendations by the Section 89 panel headed by retired Chief Justice Sandile Ngcobo, says the writer. Picture: Phando Jikelo/African News Agency (ANA)

Published Dec 7, 2022

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Nkosikhulule Nyembezi

Cape Town - It would be foolish to suppose that the outcomes of the anticipated afternoon-long debate and voting in the National Assembly on President Cyril Ramaphosa’s impeachment process scheduled for December 13 will solve this country’s socio-political problems.

The problems are too huge and pressing for that.

The daunting list ranges from the debilitating battle for the soul of the ANC that is manifesting in the imminent impeachment process just days before the party’s 55th national conference.

It also includes the many challenges of entrenching constitutional democracy principles of good governance and accountability to all the people throughout the successive five-year office terms of government, through the deep-rooted corruption and factionalism facing different sectors of society, to the universal threat from deepening poverty and the challenges of high unemployment for a country marked by years of a stagnant economy.

Nevertheless, what will happen in Parliament will be a helpful but modest step for the country’s self-correction efforts and the ongoing definition of the ANC’s relations with all of us as a party elected to govern the country.

Parliamentarians will decide on adopting or rejecting the recommendations by the Section 89 panel headed by retired Chief Justice Sandile Ngcobo.

The panel found Ramaphosa may have committed serious violations of the Prevention and Combating of Corrupt Activities Act and the Constitution “by exposing himself to a conflict between his official responsibilities and his private business”. Ramaphosa’s ANC disagrees and challenges the findings on several fronts.

The debate should bring together parliamentarians on an equal basis as elected public representatives and advance meaningful national dialogue between critical stakeholders on the periphery.

These include community voices represented by less recognised formations and yet carrying significant contributions to finding common ground in our search for lasting solutions.

As such, parliamentarians should not monopolise the stage but channel the nation’s energies in the right direction. Expectations are inevitably modest.

Other existing alliances and institutions, including those in civil society and business, are better placed and resourced to lead the way in addressing particular challenges.

The government must not duplicate or distract from these, but it can supplement them by supporting an environment that depends on good faith and realism.

If the debate is not to be purely for show, three things remain important, one pressingly, the other two in more long-term ways.

The pressing issue is upholding the rule of law and constitutional principles of “a multiparty system of democratic government, to ensure accountability, responsiveness and openness”.

It is about demonstrating that not even Ramaphosa and other politically connected elites are above the law.

The deep divisions in the ANC and its manipulation of power derived from holding political office have driven a corruption crisis across and beyond its ranks.

As an institution constitutionally mandated to hold the executive accountable, Parliament must ensure that corrupt politicians pay for their crimes.

The first long-term aim must ensure that this focused debate and decisions to restore confidence in the government cascade down to communities. They should be regular and valuable.

To achieve that requires an inclusive approach, respect for different party approaches, a willingness by participants not to grandstand for their membership audiences, and an acceptance that Parliament is not an anteroom for the leadership contest in the ANC, or any political party conference for that matter.

None of this is easy, but it is this generation’s challenge to attempt.

What must end now is the opposition parties’ treatment of the unfolding impeachment process, the broad anti-corruption efforts, and the transformation agenda driven by ordinary South Africans as political opportunities to stall and reverse the socio-economic progress registered in the past decades of ANC governance.

The link between the repetitive cycle of undermining affirmative action and transformation policies by some opposition parties, and the people’s scepticism towards the true intentions of some opposition parties in this debate shows how much is now at stake in our polarised society.

The 14 parties in Parliament share a problem. They must do everything possible to respond co-operatively to the long-existing constitutional challenge of separating the state from a governing political party.

Further, they need to avoid needlessly driving up the anxiety of political uncertainty and the likelihood of a further compromise on the many gains we all fought hard to achieve.

It would be naive to pretend that collectively shouldering the responsibility is easy.

Each party still sees itself as primarily responsible to its voters, even though parliamentarians carry the constitutional mandate to represent all the people.

However, each party is also responsible for not playing narrow partisan games in haste to replace the ANC with principle-less coalition governments, as the DA is already leading the call for early elections.

If the outcome of this debate can strengthen that resolve, it would be a good day’s work. The other long-term aim applies specifically to the ANC.

The Phala Phala saga and many other scandals detailed in the state capture report have occurred.

But the ANC remains a governing party in the sixth democratic government of South Africa.

Under Cyril Ramaphosa’s contemptuous attitude of putting party interests above the nation, the ANC is still not trusted by many who are committed to building a prosperous country, with good reason.

The ANC needs to rebuild real, practical and rewarding post-impeachment debate and post-conference relationships with ordinary people and social partners.

If the incoming ANC leaders seriously want better relationships with South Africans, as they should, they must work at it.

Ramaphosa is right to go to the Constitutional Court to challenge the panel’s report. It signals confidence in the judiciary to adjudicate and pronounce on constitutional matters and assurances, so those affected will respect the decision either way.

It is timely in light of the manipulative forces bent on denying him a second term in Luthuli House and the Union Buildings at all costs. But it is only a small start.

It should be matched by bold actions across the political spectrum, starting with working more closely with state law enforcement agencies over proper and speedy investigations and the prosecution of corruption cases.

These should calm the public and private anti-corruption turf disputes so that practical co-operation can resume.

It is hard to be hopeful after the accusations, counter-accusations, claims, and paranoia of recent years.

But Parliament has witnessed pivotal nation-building events in history before.

Perhaps – just perhaps – this December 13 debate may be the start of another one.

Nyembezi is a policy analyst and human rights activist

Cape Times

** The views expressed do not necessarily reflect the views of Independent Media or IOL