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“One of the crucial elements of our constitutional vision is to make a decisive break with the uncontrolled abuse of state power and resources that was virtually institutionalized during the apartheid era. To achieve this goal, we have adopted accountability, the rule of law and the supremacy of the Constitution as the values of our constitutional democracy.
For this reason, public office holders ignore their constitutional obligations at their peril. This is so because constitutionalism, accountability and the rule of law constitute the sharp and mighty sword that stands ready to slice the ugly head of impunity off its stiff neck ”- South African Constitutional Court, in “NKANDLA MATTER” 2016.
By operation of constitutionalism and the rule of law, former South African President Jacob Zuma is serving a 15-month prison sentence for contempt of court. He has appealed the decision and is entitled to a fair trial under the same rule of law and constitutionalism that got him there.
But there have been a lot of problems in parts of the country since Zuma’s incarceration in early July 2021. Almost a hundred people have been killed, as a result of looting of shops and burning of properties and buildings. infrastructure allegedly to protest what Zuma supporters believe to be “unjust and / or politically motivated imprisonment”. And the arguments in favor of this position have been strong and sometimes convincing, albeit in the context of “customs and traditions” which deify rulers and absolve them of any wrongdoing.
But South Africa is Africa’s third largest economy in terms of GDP; coming after Nigeria and Egypt. For a multitude of reasons, Nigeria and Egypt have failed in the areas of constitutionalism, the rule of law, good governance, the institutions and capable systems necessary to harness their relatively large economic powers for the world. development. South Africa, on the other hand, has an industrial base and production infrastructure as well as institutions and systems based on constitutional democracy to support its economic development on a sustainable basis. “
With this comparative advantage, South Africa is best positioned to champion Africa’s economic renaissance, setting the tone for nations eager to follow. But this good break can occur if and only if the country remains faithful to good responsible governance, the rule of law and the principles of constitutional democracy as the Constitutional Court adopted in “MATTER NKANDLA” 2016.
The internal struggle for the backbone and soul of the African National Congress (ANC), the party that has ruled South Africa since independence in 1994, needs to be duly recognized and how this struggle is viewed as having contributed to the current unrest should not be ignored. . Politics will certainly not make things any easier for leaders as long as the legitimate and reasonable expectations of the ordinary South African are met; to be able to put body and soul together, have still not been met, and further complicated by the COVID-19 pandemic.
These complications notwithstanding, the values of good, responsible governance, the rule of law and constitutionalism must supplant any other need in this season of seeking a better and prosperous future for all. If these other considerations were to prevail, South Africa would fail and this failure would be fatal for the entire African continent. The challenges of Egypt and Nigeria and many others that started well at independence, failed and are still recovering must guide the government and people of South Africa. Examples abound. There is no justification for acquiescing in any form of pressure to institutionalize corruption and bad governance, the two causes of poverty in Africa.
Indeed, it is not difficult to conclude that; it is poverty, economic inequality, misery and neglect that drove vulnerable people to burn down and loot shops. It’s certainly not because they love Zuma, who has submitted to prison. The looters are angry and hungry citizens conditioned to believe that they had “the opportunity” to loot what had been denied to them since the apartheid era and burn property they could never own. Again, for politics; some rich and powerful people may have orchestrated the chaos, knowing the inclinations of the poor and marginalized to react accordingly. Either way, a cool head must prevail!
South Africa’s position, in terms of industrial base and production capacity to catalyze the achievement of the African Continental Free Trade Area (AfCFTA); which offers the greatest potential to lift a majority of vulnerable people in Africa out of poverty should not be lost on us. To this end, constitutionalism, accountability and the functioning of the rule of law remain non-negotiable. These are the sacrifices South Africa must make for its own progress and that of the African continent as a whole.
William Dowokpor is Executive Director of Free Trade Network Africa (FTNA). E-mail: [email protected]
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