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Africa and the World Bank: Why it’s Not Too Late

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African countries are in a developmental conundrum; they have seen economic reversals in the wake (and arguably because) of the World Bank and yet African countries, at least for the foreseeable future, need the World Bank – owing to a paucity of alternative lenders in the present. In its assessment of the outcomes of World Bank involvement in Africa’s development, this paper emerges with a mixed picture.

While the institution’s policy prescriptions saw large-scale failure in the form of cumulative debt, GDP declines and impoverishment in many African countries (for example Liberia, Nigeria, the DRC/Zaire and many others), it also succeeded in some (the two success stories often touted are Ghana and Uganda). But it would also be illegitimate to pin the failures purely on the World Bank. Ultimately, there are states – for example the DRC/Zaire, the Central African Republic/Empire of the 1980s, among others – wherein substituting the funder, and even removing the structural adjustments (which were not even wholly applied in some countries) would not have resulted in a less bleak picture. Indeed that they needed to go to the World Bank in the first place is proof enough that the countries in the region were mired in economic problems that preceded involvement with the institution.

Thus this article concludes that the World Bank has hitherto hampered development in Africa; but with the help, in many instances, of African leaders, who fostered unreceptive neopatrimonial environments and mismanaged the loans, at the expense of African citizens. Ultimately, however, it is not too late as there is nothing in this setting which does not lend itself to reversal.

‘Accelerated Growth’, Structural Adjustments, and Lost Decades: The World Bank and African Underdevelopment, 1979-Present

Despite remarkable performance in the 1960s, African economic development slowed down in the 1970s and stagnated in the 1980s, Africa’s so-called lost decade. In turn, the African states’ attempts to reinvigorate economic growth through state-led investments and import substitution industrialisation strategies were unsuccessful. And then, unable to raise funds locally, shunned by commercial banks abroad, African states opted for rescue by the International Monetary Fund and the World Bank. In effect, Western donor institutions took over as Africa’s bankers. Thus Senegal in 1979 became the first African state to obtain a loan from the World Bank predicated on structural adjustment programmes (SAPs). Soon, others followed suit. Despite their desires, and domestic pressures (interestingly, this was not always the case; as in Dar es Salaam there was virtually no opposition to austerity measures because some 90% of the population had been living off the private, informal market), to do otherwise, by 1980 some thirty-six African governments signed up; many were either on the verge of, or beyond, bankruptcy.

These structural adjustments, today so synonymous with the World Bank, included currency devaluation, elimination of subsidies, market liberalisation through removal of tariffs and quotas, decreased government spending, privatisation, low regulation of foreign enterprises and raising of agricultural prices that had been artificially kept down by governments. The idea had been to enact a series of radical economic reforms to shift African states from the state-centred approach (which had once been lauded even by the west) of the 1960s, and to give the markets a bigger role. Echoing the language of Ronald Reagan, then recently elected President of the United States, the appointer of the successive World Bank presidents, government was no longer to be looked to as the solution to economic problems, government was deemed to be the very cause of these problems.

Because of their emphasis on expenditure cuts, public support for infrastructure, education, social services, as well as for research and extension, while not attaining reciprocal agreements from the corresponding western states, these sectors suffered and rural areas, with their high proportion of poor people, were particularly hard hit. Stein argues that SAPs, as promoted by the bank as a result of their neoclassical roots, were basically a-institutional and therefore ill-equipped to promote market and institutional development in Africa. The outcomes of this were immediate and prolonged. For many scholars, the spread of the Ebola virus in West Africa in 2014 was as a result of the neoliberal orthodoxy imposed on Liberia in the 1980s which championed rolling back expenditure on, and privatisation of, health services under direction from the Berg Report, Accelerated Growth, prepared under the auspices of the World Bank. The outcome, in a situation where there was a lack of state capacity with regards to health services (precisely due to the World Bank’s directives) and no will on the part of the private interests to invest in a “clientele” which could not afford the treatment, was the transnational proliferation of what could have been a containable outbreak. Less severely, Tanzania’s medical and educational systems had ceased to function in all but name with school enrolment down from 98% (in 1981) to 76% in 1988.

Further, between 1991 and 1995, Africa’s annual real per capita GDP growth averaged at 0% for all Enhanced Structural Adjustment Facility (the below market price lending facility that funds poor states in exchange for the adoption of World Bank-directed structural adjustments) countries, whereas non-ESAF developing countries experienced, on average, 1.0% annual real per capita GDP growth. Far worse was the fact that between 1991 and 1995, sub-Saharan African countries which had adopted ESAF programs experienced an average annual 0.3% decline in terms of per capita incomes over the period of adjustment. The shrinkage is also attributable to the decline in purchasing due to World Bank-mandated structural adjustments which necessitated austerity and currency devaluation.

And in 1996, the World Bank, in response to demands for action to address the external debt crisis of poor countries, ushered in the Highly Indebted Poor Countries (HIPC) initiative. More than 80% of the countries identified by HIPC as needing debt relief were African. But the debt relief would come, in a familiar way, with conditions attached; in order to qualify for debt relief under HIPC, countries had to participate in structural adjustment programs. The HIPC program has been criticised for providing too little actual debt relief and providing it too slowly while at the same time opening up African markets to Western corporations with whom they could not yet compete due to the infancy of their own markets.

To the extent that SAPs failed to promote growth, no improvement in poverty can be expected from growth effects. The impact on poverty and food security arising from the shifting of relative agricultural prices has been mixed, but in general in Nigeria, South Africa, Kenya and Egypt, for example, the winners have been net surplus producers of agricultural products among rural households, particularly those with export crops, while the losers have been net consuming poor households and the urban poor.

What of Africa’s Leaders?

It is not only the conditionality which determine the success of World Bank involvement in Africa, but also the conditions under which these are introduced; national leadership being the key one since the loans are granted to states and not private entities.

One of the few leaders to actually implement structural adjustment was Jerry Rawlings of Ghana in the 1980s and 1990s. Coming into power through a coup in 1982, he embarked on a wholesale reform, accepting market disciplines and a reduced role of the state. He increased cocoa prices, he devalued the Ghanaian cedi, import-licensing systems were abolished, and about 60,000 public sector employees were retrenched, and Ghana’s prized Ashanti Goldfields was privatised. Despite doubling of debt between 1983 to 1988, in that period, cocoa exports increased in just three years from 155,00 to 220,000 by 1986. Equally significant, food per capita rose, and inflation fell from 123% to 40% between 1983 and 1990; increasing the Ghanaians’ buying power. Similarly, Uganda through PRSP policies reduced its GDP-debt ratio from 58.3% in 1999 to 2.1% in 2009.

Even these so-called miracles, in any case 2 out of 54 African states, have been lacklustre and are disappointing on the whole – Ghana’s GDP in 1998 was still 17% less than its 1970 levels, and Uganda’s low debt has been due to donations. And some question whether these results have clearly been linked to SAP-related macroeconomic policies. Yet, it is probable that Ghana’s GDP would be even worse without the role of the World Bank, and in a more corrupt country – such as in post-Nyerere Tanzania cited above where bribery and corruption were rife – the donations and loans received by Uganda to reduce its debt-to-GDP ratio could have been imprudently managed and not made a difference.

The issue of whether the overall disappointing performance of SAPs in Africa is due to incomplete and “half-hearted implementation”, inappropriate policy components of the SAPs, or adverse external factors lies at the heart of the debate. A review of the available studies suggests that in most cases a combination of these three factors was at work – Africa has over 50 states after all. It is certainly true that there was incomplete, half-hearted, and “stop-and-go” implementation, that there were deficiencies in the sequencing of measures, lack of coordination of policies and inappropriate policy design, and that the markets for primary products, Africa’s main export, deteriorated in the 1980s and 1990s but it is clear that the failures were in large part due to World Bank failure in vetting the countries to be granted loans, and inabilities to affect penalties for mismanagement of funds. Qualification for loans, in other words, should have been predicated on more than just a state being a Western ally during the Cold War, or the anti-terror ally today. And here lies the problem, neopatrimonialism, in such places as the former Zaire, CAR, Nigeria, Malawi and numerous others, ensured that the funds were misused, and yet the World Bank failed to recognise this, or when it did, it did not hinder it from continuing to give the loans – which in turn went into “white elephant” projects. Indeed, a shadow review by ActionAid concluded that the Bank does not have an effective plan for ensuring accountability even in the wake of the Operation Policy and Country Services unit.

Where to From Here?

In at least two African countries, the World Bank has been a facilitator of development; and in those countries where there has been debt and negative growth in spite of World Bank presence, it is still possible that matters would be even worse in its absence, as it has been one of few institutions willing and able to make concessional loans. Furthermore, World Bank granting of loans has been found to positively increase attractiveness of receptor states in the short run and causes other funders to be more willing to make investments. SAPs during periods of falling growth or no growth appear to reinforce underlying expectations for the future; they are associated with positive expectations.

And to conclude, it has to be noted that essentially, the failures of the World Bank in the continent have also come about as a result of the World Bank’s own internal structural inconsistencies as well as an unreceptive climate within countries. For example, some scholars have argued that the content of PRSP, its ideological underpinnings, and the global context in which it is situated seem to involve contradictory impulses for national ownership, governance and poverty reduction in Africa.  We may go so far as to say that the institution is essentially a paradox; it is a neoliberal institution, and yet is itself state-owned – and therefore prone to serving national interests – and, moreover, despite its profession of market-orientation, it is a lender to governments as opposed to private entities; and thereby buys out of key classical liberal truisms such as competition and room for incentives. Equally pertinent, African countries themselves need to own up the other end of the equation because they are the recipients of the funds. In the wake of the 1990s Asian crisis and recovery through World Bank assistance (especially in the case of South Korea which managed to pay back its loan ahead of schedule), it is clear that the bank can be a partner for recovery and growth provided there is prudent assimilation of these funds. But before these funds can be granted, there ought to be a revisiting of the process so as to ensure the loans do not end up in imprudent hands in the first place. Perhaps then, and only then, the World Bank can continue to facilitate development on the continent. Wedded into this is the responsibility of not only African but World Bank leaders to make the bank more responsive – something which previous presidents such as James Wolfensohn and incumbent Jim Yong Kim began to grasp in their various “listening tours” around prospective recipient states.

Bhaso Ndzendze is the Research Director at the University of Johannesburg-Nanjing Tech University Centre for Africa-China Studies (CACS). His research interests include international economics, security studies, and International Relations methodology and he has taught and written on Africa-China relations, the politics of the Middle East, soft power, and the war on terror among other topics at the University of the Witwatersrand. His work has appeared in numerous journals and in the popular press including Business Day, Mail and Guardian, The Sunday Independent and The Mercury among others. His most recent publication is the Beginner’s Dictionary of Contemporary International Relations.

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For 25 Years, At Least, CPLP Exists by Its Historical Name

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In Luanda, capital of Angola, hosted the 13th Conference of Heads of State and Government of the Community of Portuguese Speaking Countries (CPLP) with the key objective of reviewing the historical past and discussing effective pathways for the future. Through its history, the CPLP has largely been known as an organization, besides that, much has been shrewd away from public domain including its development processes, collective challenges and achievements, and impact on global scene.

In mid-July, Angola hosted the conference under the theme: “Building and Strengthening a Common and Sustainable Future” and the theme, without doubts, highlights the importance of building a common and sustainable future that promotes sustainable development and the effective improvement of the population’s quality of life.

During the conference, as expected, the heads of state and government had the opportunity to discuss relevant issues for the respective countries and establish a cooperation framework in line with the current international situation. A number of representatives also had the chance to address the strategic views for the organization.

According to reports, Angola takes over the presidency of the organization for the next two years (2021-2023). As the host of the 13th conference, at the same time, marks the celebration of the 25th anniversary of the founding of the CPLP organization, Angolan President João Lourenço, delivered his welcome and closing addresses full of all diplomatic niceties, reminding detailing the primary objectives and vividly itemizing various tasks as the way forward into the future.

Monitoring those issues, as contained in his speech, sparked off one significant proposal. President Lourenço launched the challenge of creating an investment bank for the Community of Portuguese Language Countries (CPLP). “We can be a relevant economic force if we work for this we have left the challenge of starting to think about the pertinence and feasibility of creating a CPLP Investment Bank.”

According to his analysis, belated though, the creation of this potential bank is in line with the intention to include a new economic and business pillar, one of the priorities of the Angolan CPLP presidency.

President of the Business Confederation of the Community of Portuguese-Language Countries (CE-CPLP), Salimo Abdula, explained that it was with “satisfaction” that he had heard the announcement from Angola’s President, João Lourenço, about fortification plans for an economic pillar among the members of the ornization.

“We want to congratulate Angola,” Abdula said. “We know that it wants to invest in a fourth pillar – the economic one, and business cooperation. This is exactly what the Business Confederation of the CPLP (CE-CPLP) has been developing for years,” he said, adding that the idea of creating an investment bank, as proposed by President Lourenço in his inaugural speech as holder of the presidency, “is welcome, it is in fact a project that the Business Confederation has been developing for some time.”

Abdula, who comes from Mozambique, recalled that in 2014, there was a conference in Lisbon attended by representatives of central and commercial banks from almost all CPLP member states, “under the coordination and leadership of the Confederation, with the aim of studying an investment or development bank, which could support the integration of companies and not only, but also the needs for investment in infrastructure in a large part of the countries” mainly in Portuguese-language countries in Africa.

While acknowledging that this type of project is complex and takes time to implement, Abdula noted that the Confederation had, at the time, made a proposal for the CPLP to go ahead and create such a bank. “That was during the East Timor presidency, in 2014,” he recalled. It took some time to respond but, when it did, it gave a positive response, yet to date nothing has moved forward. The CE-CPLP did not, however, give up on the idea, according to Abdula.

“We have indeed consulted some states about what type of bank would be acceptable, whether with mixed capital or public capital, and the trend is towards mixed capital, that is public and private,” he said, explaining further that it would thus be “a bank with less political interference, with a more impartial governance, in order to ensure the interests of all countries across the board.”

More recently, the Confederation took up the issue again, at a business summit it organized in May in Malabo, capital of Equatorial Guinea, a CPLP member since 2014, which Abdula noted was attended by some political leaders. According to the Confederation President, “there was a positive manifestation from the government of Equatorial Guinea that it would look at this project” and several commercial banks have showed interest in this project.

Taking his turn at the conference, Portugal’s Prime Minister António Costa discussed, at length, the agreement on free movement within the Community of Portuguese-Language Countries (CPLP) and offered an assurance that parliament will ratify at the beginning of the next legislative session in September.

“The government is thus making an immediate priority of the parliamentary ratification of this agreement as well as the respective legislative framework on free movement and on academic qualifications. As soon as the work of the Portuguese parliament reopens, we will present this agreement for ratification and also the legislative framework that will allow for speeding up both the circulation and recognition of (academic) qualifications, because this is fundamental to people’s lives,” Costa told the conference gathering.

Costa then referred to problems that have existed in the past between Portuguese-language countries, such as Portugal and Brazil. “With this agreement, we will not again have the crisis of Brazilian dentists in Portugal (as in the 1980s), or, more recently, of Portuguese engineers in Brazil,” he said, referring to two situations where there was no mutual recognition of qualifications. Costa then moved to temper expectations, saying that the framework agreement on free movement “still requires development” and further diplomatic work.

Prime Minister of São Tomé and Principé Jorge Bom Jesus also comment positively on the mobility agreement will create a great space for movement and will allow movement within the CPLP. “We have to join forces to find new solutions to old structural problems, particularly from an economic point of view,” he said.

It is necessary for bilateral meetings to discuss cooperation, share several economic dossiers, debt, investments in the areas of energy, agriculture, industry, human resources and other strategic investments, Jorge Bom Jesus said and added “These are precisely for us to join forces and face the problems because they are common, which is why the solutions also have to be common.”

For many delegates, the conference is a platform to express primarily their views and reiterated vehemently the huge untapped potentials among the members. Portuguese-Mozambican businessman Paulo Oliveira said by illustrating the fact that the Community of Portuguese Language Countries (CPLP) is a house where you must apply for a permit to go from the bedroom to the kitchen, to illustrate barriers to investment. “The way of approach is completely different from one country to another, within the CPLP, and this, sometimes delays investment that could be carried out in a faster way,” he stressed.

As a further indication of optimism, Paulo Oliveira frankly believes opening of borders to greater mobility should be gradual – without throwing the doors wide open – with businesspeople, students and cultural agents in the front line. In his argument, it is necessary to take additional collaborative efforts towards shaping business development among the members. For example, in order to enhance investments in this organization, a common CPLP visa for business people and specialized labor would be a possible mechanism. In practice, all countries have things to offer if there is a different kind of mobility.

In an interview with Portuguese News Agency Lusa in Lisbon ahead of the conference, Portugal’s Foreign Minister Augusto Santos Silva indicated that Portugal expected what he described as “firmest and most absolute solidarity” from all member states of the Community of Portuguese Language Countries (CPLP) over the situation in Cabo Delgado in Mozambique.

Asked about a strengthening of multilateral cooperation under the CPLP, the head of Portuguese diplomacy was more cautious, but noted that there are missions from Portugal and other countries underway as well as from organizations such as the European Union and the Southern African Development Community (SADC), to help with security in Mozambique.

The conference, however, saw some progressive steps. The members signed an Agreement on Mobility and on Economic and Investment Cooperation.

The agreement on mobility establishes a “framework for cooperation” among all member states in a “flexible and variable” manner and, in practice, covers all citizens. Member states are offered range of solutions enabling them to take on “mobility commitments in a progressive manner with differentiated levels of integration”, taking account of their own internal specificities in their political, social and administrative dimensions.

In this context, the “freedom in the choice of the mobility modalities, of the categories of persons covered” as well as of the countries of the community with which they wish to establish partnerships. For two decades, the question on facilitating movement has been discussed consistently among the members without any concrete decision. Strengthening economic cooperation is another thorny question still on the table.

During the conference, Namibia’s President Hage Geingob commended Portuguese-speaking countries for their effort to open up borders to foster economic co-operation and hails Lusophone unity necessary for pursuing their multifaceted ambitions. He said the agreement on mobility among CPLP member states that “is an important step in making sure that our borders remain open to strengthen and promote business and economic relations in times of the pandemic.”

President Geingob added explicitly that, “As observer states, we join hands with CPLP members to strengthen our local, regional and global governance architecture. The values of international cooperation and multilateralism that underpin the CPLP are fundamental for the promotion and strengthening of peace and security and socio-economic development. The equality of all states cannot be over-emphasized, as stipulated in the Charter of the United Nations. Let us, therefore, continue to treasure the unity of our nations, a unity forged in blood and defined by kinship.”

President of the Republic of Cabo Verde, Jorge Carlos de Almeida Fonseca, praised the political and diplomatic coordination in improving the assertion of CPLP countries in the international arena, reiterated its commitment to strengthening solidarity and cooperation aimed at ensuring the economic and social development of the peoples.

In short communique referred to as the “Luanda Declaration” signed by the Heads of State and Government and their representatives at the end of the 13th CPLP Conference, the participants reiterated their commitment to peace and harmony, the rule of law, democracy, human rights and social justice.

The leaders welcomed the choice of the motto “Building and strengthening a common and sustainable future” for the event and pledged to promote political dialogue, exchange of experiences and cooperation, with a view to enhancing the achievements of the CPLP in all areas.

As considered an additional challenge to the fulfillment of the 2030 Agenda and the Sustainable Development Goals within the community, expressed regret at multiple factors hindering this development process. The CPLP reiterated the need to build public policies aimed at creating the necessary infrastructure to democratize access to new technologies, promoting training and education suitable for their use.

The Heads of State and Government decided to increase multilateral action in terms of capacity building, sharing of experiences, networking initiatives and development of partnerships, within the scope of promoting trade and investment aimed to preserve and create decent jobs, income and productive capacity.

They reiterated the importance of progressively integrating economic cooperation into the general objectives of the CPLP, as well as the consolidation of a multilateral community agenda for the sector, with a view to contributing to the economic and social development of the member states.

They adopted the Mobility Agreement between member states, an instrument that aims to effectively, contribute to greater circulation within the community, to increase cooperation relations in all areas and to promote the feeling of belonging to the CPLP.

Attended the ceremony also the Presidents Cabo Verde Jorge Carlos Fonseca, Guinea-Bissau Umaro Sissoco Embaló and Vice President of Brazil Hamilton Mourão. There were representatives of the Heads of State of Mozambique, East Timor and Equatorial Guinea, Special Representative of the United Nations François Lounecény Fall, as well as representatives of the United Nations and the Organization of African, Caribbean and Pacific States (OACPS).

There were social and cultural aspects of the conference. Portuguese President Marcelo Rebelo de Sousa donated his José Aparecido de Oliveira prize, stressing that the CPLP “is a community of common principles and values” while he presented the prize awarded  by the Community of Portuguese Language Countries (CPLP), to the victims of terrorism in Cabo Delgado, northern Mozambique.

Established in 2011 and biennial in nature, the José Aparecido de Oliveira prize, named after one of the main creators of the CPLP, honors personalities and institutions that stand out in the defence, appreciation and promotion of principles and values and community objectives, as well as in carrying out studies and related research work.

Mozambique’s Leonardo Simão appointed CPLP Goodwill Ambassador, a new resolution approved at the Luanda concerns the approval of new CPLP Goodwill Ambassadors. Among those appointed for a four-year mandate, renewable for a further four years, were Leonardo Santos Simão, a former Foreign Minister of Mozambique, for the area of political and diplomatic consultation, and Filipe Silvino de Pina Zau, a University Professor and Researcher in Angola, for the Portuguese language area.

Two leading athletes from Portugal – Olympic triple-jump champion Nelson Évora, and another triple-jump athlete, Patrícia Mamona, who this year won the gold medal at the indoor European Athletics Championships, are the ambassadors for the areas of youth, sport and gender equality.

The fundamental role of CPLP Goodwill Ambassador is to “widely promote the objectives and disseminate the activities of the CPLP.” These are social and cultural developments at the 13th Conference of Heads of State and Government, chaired by Angola, so also was the signing of an agreement on free movement and the declaration of a new priority: strengthening economic relations.

With headquarters in Lisbon, CPLP is a multi-regional organization created in 1996. It comprises Angola, Brazil, Cabo Verde, Equatorial Guinea, Guinea Bissau, Mozambique, Portugal, Sao Tome and Principe and East Timor. The CPLP Conference of Heads of State and Government is the community’s highest organ. It meets every two years and is responsible for defining and guiding its general policy and strategies.

The Associate Observer and Consultative Observer status, without the right to vote, were established in 2005. Consultative observers, of which there are now more than 100, are civil society organizations that may develop joint projects with the CPLP. Namibia is among 19 observer countries to the CPLP together with Uruguay, Senegal, Georgia, Japan, Turkey, Czech Republic, Slovak Republic, Hungary, Mauritius, Argentina, Chile, Italy, Andorra, France, Luxembourg, Serbia, and the United Kingdom.

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Former South African president is pursuing a treasonous strategy

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The foundation of our Constitutional order is its claim to and maintenance of legitimacy. A threat to its legitimacy is an existential threat to the State and its citizens. Jacob Zuma’s Stalingrad legal defence and perpetual victimhood are among the tactics he employs in pursuit of his strategy. We must see the forest for the trees. Zuma is actively pursuing the delegitimisation of the South African State. This pursuit becomes apparent when examining his central stratagems.

Undermining the State’s authority

Zuma asserts that it is not him, but the State that is behaving in an unconstitutional manner. In his challenge to the Commission of Inquiry into Allegations of State Capture, Zuma alleges that he cannot conscientiously comply with the Commission as its terms and therefore the entire Commission is irregular. He says that it “recommended that the chairperson of the inquiry be appointed by the Chief Justice and not the president as is the normal and correct legal procedure”. On these grounds, Zuma claims that the Commission chaired by Justice Zondo is legally invalid and that he, therefore, cannot legally engage it. Only if Zondo recuses himself, as demanded by Zuma, would the Commission not be illegal. “Had Judge Zondo simply recused himself”, said Zuma in his 4 July media conference, “the people of South Africa would have heard my version”. In an affidavit, Zuma says: “I do not believe that it was established in terms of the Constitution…that issue will be the albatross around the neck of its legitimacy”.

Zuma builds from this foundation, asserting his innocence. He maintains that the Commission’s actions against him were invalid. Conscious of his centrality to the Commission, he must have anticipated as the former President, or simply to assure his compliance, that it would provide him with certain privileges. He was right. In its judgement ordering Zuma to answer to the Commission, the Constitutional Court found that the Commission was indeed biased and afforded Zuma special treatment; “no reason was furnished for this favourable treatment to the former president. The commission was alive to the fact that the Constitution requires the equal treatment of witnesses under the law”. This judgement should not be misconstrued. It was a major victory for Zuma’s strategy to discredit the State’s authority.

Zuma’s defence in his corruption trial follows a similar approach. His special plea and his call for acquittal are based on the argument that advocate Billy Downer has no title to prosecute. That the state has an illegitimate prosecution and that thereby the State is illegitimate. Again, while his stratagem may not achieve his personal ends, it primarily seeks to asperse the authority of the State. 

When served with an order from the Constitutional Court to attend the Commission, Zuma did not oppose. Instead, he maintained that he could not participate with the proceedings of an illegitimate Commission. By compelling him to attend, Zuma argues that the Constitutional Court was itself acting illegitimately by advancing an invalid institution. It follows then that when Zuma was asked to submit to the court’s requests, to comply with the summons from the Commission, he refused. Instead, he wrote a lengthy letter casting aspersion on the justices of the Constitutional Court, alleging the Court to have become politicised and thereby failing to uphold the Constitution.

Political subversion of Constitutional authority

Throughout Zuma has maintained that he does not regard himself to be above the law. That his actions should not be construed as being defiant to legal processes. Instead, says Zuma, he is being defiant of those who are failing to uphold and apply the law. This is a political charge that seeks to subvert State institutions to the realm of politics.

Zuma’s refusals to comply with the legal orders, and his arguments that the State has denigrated his Constitutional rights are charges of injustice committed against his person. His claim of being a conscientious objector who is “not scared of going to jail for my beliefs”, suggests that his is the just and authoritative approach. This is unprecedented. Much of what he says and does has legal and other experts confused. How could he, guided by his lawyers not see his arguments to be legally irregular and irrelevant. Herein lies the rub: by making a passionate claim about State affairs as applied to his person, he is not making a legal but instead a political argument that seeks to elevate political above legal authority.

Zuma makes the affairs of the State a matter as applied to individuals and not about the dispassionate application of Constitutional ideals and principles. By personally challenging State institutions, Zuma subjugates the ends of the State to the ends of politics. He uses his stature to peddle misrepresentations about his supposed poor health and financial strain. He misdirects, saying that sending him to jail during the pandemic would be a death sentence. This performance seeks to ensure that the courts engage him personally. When legal rulings are made, he contorts them into being political, stating that judges are biased and have vendettas against him.

Zuma’s populist claim is that legal power is constrained, that the Constitutional order is ineffective in achieving the revolutionary ends of the liberation movement. Instead, it is only through politics that the ends of the materialist revolution, or simply Radical Economic Transformation can be achieved. To Zuma, the Constitutional State was always a means towards the ends of the revolution. Unconstrained political power, where the ends justify the means is therefore the superior and legitimate approach. 

Equating Constitutional democracy with Apartheid

The greatest challenge to the South African state is for the Constitutional order to be popularly delegitimized. A central charge Zuma employs is to liken the Constitutional to the Apartheid State. He knows very well that the just and legitimate South African order is seen relative to the unjust, immoral system that preceded it. Constitutional legitimacy is founded upon it perpetually surmounting and transforming the illegitimacy of the Apartheid regime. Zuma has increasingly equated his current treatment to that which he experienced under Apartheid. He says that the Commission is behaving “exactly like the Apartheid government”, alleging there to be “a judicial dictatorship in South Africa…like the injustice of Apartheid”. In his letter to the Constitutional Court, he states: “I had never imagined that there would come a time when a democratic government in South Africa built on Constitutional values would behave exactly like the apartheid government”. Zuma lambasts the current regime; “I am very concerned that South Africa is fast sliding back into Apartheid-type rule”. He compares his treatment to that of Robert Sobukwe’s arbitrary imprisonment and says that lockdown has “all the hallmarks of a state of emergency and the curfews of the 1980s…the substance is exactly the same. Being jailed without trial is not different to the Apartheid detention without trial”. This latter claim, of being jailed by the Constitutional Court ruling as a court of first instance, has become a primary and powerful proof in his strategic argument. By equating the democratic to the Apartheid regimes, he legitimises any action against it; “I am left with no other alternative but to be defiant against injustice as I did against the apartheid government”.

Subverting order to disorder

Zuma and his acolytes instigate disorder. The violent protests that are spreading throughout the nation do not only recall the anti-Apartheid tactics of sowing instability and fear. They are justified by Zuma insisting that the democratic State is akin to the illegitimate Apartheid State.

By defying its orders, Zuma challenges the State institutions to pronounce and to act against him. By demanding that the High Court declare on a Constitutional Court judgement and then to say if the court does not find in his favour that anarchy will descend over the country is an existential threat. Zuma does not only pit the courts against each other, he maliciously contends that the minority judgement of the Constitutional Court signifies contention between judges. Zuma knows that the Constitutional Court has no operational force, that its legitimacy resides in precedent and trust. By muddying judicial precedent and suggesting judicial discord, he provokes others to follow his destabilising course.

Not only does he personally attack the judges, but he also uses the values whereupon the State is founded against itself. Accusing the State of not upholding Constitutional values, while rejecting these values in his invective not only flies in the face of the national project, it seeks to derail the transformational and reconciliatory national project. Leaders are expected to embody the ideals that afford the State legitimacy. Zuma uses politics, rejects ideals, and breaks the State down.

Moving forward

When we look beyond Zuma’s ad hoc postures, we see a calculated and consistent strategy to undermine the supremacy of the Constitutional order. Though he may have handed himself over, count on him to use his acquiescence as a proof to further his greater strategy. It is time to look past individual misdemeanours. If his plan of attack is not appropriately rebuffed, his followers and others will increasingly employ similar, fundamentally dangerous approaches. The State cannot merely deny Zuma’s assertion that it is illegitimate. It must prove its legitimacy by charging those whose intents and actions threaten its fundamental existence.

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Community of Portuguese Language Countries: Forging Cultural Unity in Economic Diversity

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The Community of Portuguese Language Countries (CPLP) established with the fundamental objectives to promote sustainable development, scale-up social standards and preserve the unique language culture among the Portuguese-speaking countries. The CPLP’s nine member states are Angola, Brazil, Cabo Verde, East Timor, Equatorial Guinea, Guinea-Bissau, Mozambique, Portugal and Sao Tome and Principe.

In a review of 25 years of the CPLP, Fernando Jorge Cardoso, Researcher at the Centre for International Studies at Lisbon’s ISCTE University Institute, argues that the CPLP is far from being an economic organization as most of its members have stronger economic relations with countries outside the CPLP.

Speaking in an exclusive interview with Kester Kenn Klomegah early July, Fernando Jorge Cardoso, among many other significant questions, underscores the fact that a country belonging to multilateral groupings is very beneficial, but each of CPLP member state has other stronger relationships while defending the common heritage of the Portuguese language and culture. Here are the interview excerpts: –

In the first place, what would you say, in objective assessment, about the Community of Portuguese Language Countries – its achievements to date, and existing challenges?

There are so many aspects of the CPLP, but considering that in its statutes the community has the objective to increase diplomatic collaboration in multilateral fora, to encourage the relationship among entities of the civil society of the CPLP members and to re-enforce the use of Portuguese language, my assessment is positive.

All countries have budget constraints and what has been achieved is inseparably dependent upon that, so there is no spectacular achievements of the community, just a fair accomplishment of those three major aims as mentioned above.

The group holds a summit marking 25 years on July 16 to 17 in Luanda, Angola. What issues do you think are the most paramount for discussion? In terms of good governance and democracy, are there any deficiencies in the system of approach in these countries?

Most members of the CPLP are young countries with lots of troubles on creating sound states, having a clear division of powers and an innocuous accomplishment of democracy and human rights. There is a lot yet to be done, but the process is on track, in spite of problems of bad governance and systems inefficiencies in almost all the countries of the community. I do think there is a lot to commemorate, but I also believe there are reasons for continuing cooperation.

The dynamics of economic growth are different among members of the group, the resources and levels of sustainable development vary widely. What are your arguments here, the best and the worst development scenarios?

All these countries belonging to CPLP are not countries with common borders. They belong to diverse economic and geopolitical spaces. Therefore, CPLP differently from Francophonie or commonwealth is not a “natural” group of countries sharing common problems, other than those that are established in the objectives. The question here is not to have grandiose expectations. Therefore, it will be completely natural that development of each country will follow diverse paces and confront diverse scenarios. This is a cooperation space, not a kind of economic organization or political integration project.

In addition to theoretical targets, there must be considerable impact on the basic needs of the population: health, education and employment-creating sectors. Do leaders of the Community of Portuguese Language Countries think the same way as expected by the ordinary people?

Here it is important to understand that each country has its own reality and governments follow diverse strategies. There is not the will or the capacity of Portugal or any other country to influence the development of the community members.

Do you think the culture and social traditions unite these countries? Do people feel there has been unity in cultural diversity over the years? What should be the way forward for the organization or group?

There are some problems here. Some people, mostly in Portugal and Brazil refer to the CPLP as a “Lusophone Community” while others look at it from different perspectives. This is far from realty. There is a diversity of languages inside the other CPLP countries, the Portuguese functions as an official language that helps to create a sense of national unity and regional differentiation, But it does not substitute for the realty of diverse cultural settings among and within the countries.

Besides the fact that a great proportion of the population of newly independent countries do not speak Portuguese in a day-to-day basis. So this is not a Lusophone community, it is Portuguese official language group of countries that share some cultural elements due to history – to make it clearer, on subjects such as gastronomy, music, literature (or even soccer), for example. Cultural diversity is the name of the game, any intention of trying to build a Lusophone community for Portuguese language speaking community is bound for failure and conflict.

And finally, talking on external relations – to what extent foreign states influence the group members? Despite the fact that Portuguese is widely and commonly spoken, they look up to the United States, Europe and Asia, not only to Portugal? 

What is interesting here is that each country looks for diverse ways of international integration and collaboration. CPLP is and should continue to be a loose organization. The more loose it is, the more effective it will be, avoiding interference on domestic matters and, therefore, increasing the space for mutual collaboration in multilateral fora and among the community members. Summing up, CPLP is not a Lusophone space and, for sure, cannot be equalized to Francophone or Commonwealth. This is the only way to move forward.

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