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COVID-19: South Africa’s response

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After years of decay and deficiency, South Africa’s Executive has stood up to the COVID-19 pandemic. Its reflexive information campaign has dominated national news cycles; its narrative has sought command over the crisis. The Executive’s approach appears to have calmed the national mood. While its reaction has been determined, there remains an unclear picture of where the nation will emerge once the pandemic has subsided.

The declaration of the State of Disaster on March 15th has placed democratic South Africa in unchartered territory. In terms of its Disaster Management Act, the Executive is afforded sweeping powers. The first regulations issued in terms of the Act on March 18th indicated a bellicose response. Though it included no mention thereof, the regulations paved the way to the national ‘lockdown’ that was declared on March 23rd. South Africa’s would be a securitized path of command and constraint. The Department of Defense was instructed to “release and mobilise any available resources”. The closure of schools, the limitation of gatherings and visits to correctional and other facilities, as well as a ban on the sale of alcohol all contributed to a framework of control. Additional directives are increasingly justified by the narrative of a war on the virus.

Given its turbulent past, war-like analogies and approaches are dangerous. The evasion of war has been central to the democratic state; the national ethic is one of peace and reconciliation. South Africa’s brutalized long-term and corrupted short-term history have resulted in a traumatic and broken present. Today the state, the institutional capacity, the nation is vulnerable. Cyril Ramaphosa has made the goal of his presidency: the capable state. A frail state cannot easily handle the rhetoric and implications of war. Its effects are unpredictable and often uncontrollable.

Because of its global and exceptional nature, the Executive has looked abroad to find ways to dealing with the pandemic. As many others have, South Africa has followed the Chinese path of restriction. But South Africa is not China and while this avenue appears effective epidemiologically, the broader consequences of a strategy based on limitation present compounded implications and begs existential questions. What will lockdown do to its fragile socio-economic situation? The economy has been brought to a stand-still. The resulting broad-based downturn, job losses and bankruptcies will have a dastardly effect on all; the poor will be hardest hit. 

On Thursday April 9th President Ramaphosa declared that the initial 21-day lockdown will be extended by 14 days. Lockdown, especially applied to over-crowded informal areas, cannot be a lasting strategy. However, a simple return to normality will negate all the costly efforts made by South Africans. When it eventually emerges from the lockdown, the battle will not be over. While it helps to curb the spread of the virus, a lockdown can onlyreally buy time for more extensive plans to be put into place. Without these efforts the benefits of lockdown will be short-lived. Extended securitization presents serious questions to the functioning of social order. The lasting effects on law and order, presently unknown, could be devastating.

While the Executive has decisively led the campaign, critical questions have emerged regarding the role of the Judiciary and the Legislature. In true Ramaphosa style, the President has corralled opposition parties to support the efforts of the government. While the State of Disaster is no time for antagonism, opposition parties do hold important roles in asking tough questions of the government’s approach and actions. As for Parliament, its check on the executive has virtually ground to a halt. The Disaster Management Act meanwhile does not impose requirements on the Executive to report its actions to Parliament. The lockdown has come at a time when Parliamentarians are required to work with communities around the country under the scheduled Parliamentarian Constituency Programme. Lockdown must not be used as an excuse not to execute their mandated oversight of the government’s actions. Direct engagement with the people in a safe or even digital realm will afford members of Parliament critical insight into the realities on the ground.

When in terms of the new regulations, he intervened in the functioning of the courts, declaring a partial closure, the Justice Minister arguably encroached upon the powers of the judiciary. In so doing he underscored the need for concordance between the Executive and the Judiciary during the ongoing crisis. In a reported letter from Justice Mogoeng, the Constitutional Court Chief Justice rebuked the Minister. He reportedly asked whether the Executive’s interpretation of the Disaster Management Act does not afford it “more extensive and restrictive powers” than those provided under the more severe State of Emergency. “Even in the case of the state of emergency”, said Mogoeng in an earlier letter to colleagues, “the Constitution, empowers the courts to pronounce on the validity of the declaration…Courts therefore have to stay open”. Herein, the Chief Justice reminds the Executive that all exercise of power remains subject to the law and the review of the courts. The Speaker of Parliament will do well to follow this example. In executing her Constitutional duties, she must ensure that Parliament continues to function not through the haphazard interpretation of its members. But as an institution. For one, as has been widely suggested, Parliament could establish a committed ad hoc committee that overseesthe execution of Disaster Management Act regulations.

In his April 9th speech, President Ramaphosa laid out a three-part strategy to deal with ongoing effects of the pandemic. This includes an “intensified public health response”; “a comprehensive package of economic support measures”; and “a programme of increased social support”. These measures are welcome. Their introduction, however, does not present a new vision but a response to ongoing problems.

While data crunching and statistic modelling are useful tools through which to understand the problem, these remain inside a worldview of control, suggesting what should be avoided. The Executive has not come up with a strategic vision that extends bureaucratic management to chart a path forward. This orientation does not address the transition from containment to liberation. Government’s focus on lockdown as opposed to opening up, threatens the South African economy and democracy. At present the state is simply copying from others who often have different ethical foundations and geopolitical interests. A successful strategy would reside in an honest and thorough comprehension of the national realities; South Africa continues to struggle to define its national interest and character post-Apartheid. Thus far South Africa’s tactics in addressing the pandemic has contributed to a tilt towards authoritarianism. This approach is in direct contradiction to the democratic ethos of its widely praised Constitution.

Klaus Kotzé is the AW Mellon-UCT postdoctoral research fellow, Centre for Rhetoric Studies, Law Faculty, University of Cape Town

Africa

Used vehicles get a second life in Africa – but at what cost?

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John Mwangi’s 22-year-old car is his lifeline. His run-down Toyota saloon not only ferries him around the streets of the traffic-congested Kenyan capital, Nairobi, but is also his main source of revenue.

Resting against its open boot, surrounded by fresh pumpkins, sweet potatoes and other vegetables, a smiling Mwangi, 34, explained how it has transformed his life. Thanks to this unlikely saviour, he is now a trader, shopkeeper and entrepreneur.

“I have changed to a career as a businessman. I use my car to sell foodstuffs. I go to the village, buy food and then I come here and sell it,” he said, gesturing around a market in Nairobi.

Mwangi is not alone. Across Africa, and much of the developing world, used cars, minibuses and vans imported from abroad are changing people’s lives. But they come with a high and growing global price tag.

Entitled Used Vehicles and the Environment: A Global Overview of Used Light-Duty Vehicles – Flow, Scale and Regulation, the report details how the global fleet of light-duty vehicles will double by 2050. Some 90 per cent of this growth will take place in low- and middle-income countries. Of the 146 countries studied in the UNEP report, about two-thirds have “weak” or “very weak” policies regulating the import of used vehicles. Many of the imported vehicles would not be allowed to circulate on the roads of exporting countries.

“Countries have to stop exporting vehicles that are no longer roadworthy, and fail environment and safety inspections while importing countries must adopt up-to-date regulations,” said Rob de Jong, report author and Head of Transport at UNEP.

Vehicle emissions are a prime source of small particulates and nitrogen oxides, which cause urban air pollution. Globally, vehicles are responsible for 25 per cent of energy-related greenhouse gas emissions.

UNEP is calling on both exporting and importing countries to regulate the trade and eliminate a range of abuses. It stresses that a regulated trade can have several positive impacts, improving the lives of many people and boosting prosperity.

Landmark new rules

UNEP’s report comes after 15 African countries announced strict new rules for vehicle emissions and fuel efficiency. The directives, issued by the Economic Community of West African States, with UNEP support, bar the import of light-duty vehicles more than five years old and aim to double the efficiency of cars by 2030. 

The rules are a milestone in slashing greenhouse gas emissions in a region that is home to about 400 million people, where many vehicles are past their prime. The Gambia, for example, imports vehicles on average 18.8 years old, while a quarter of those imported by Nigeria are nearly 20 years old.

Africa is the ultimate destination for some 40 per cent of used light-duty vehicles, like the one owned by Peter Karanja Njuguna. He ferries passengers around Nairobi in an old 14-seat Nissan minibus pumping out exhaust fumes from dawn to dusk. He says he does not know the exact age of his vehicle but reckons it is between 10 and 15 years old. It cost $3,000 and anything newer would have been outside his budget. He says the catalytic converter, which contains platinum, was removed before it was exported.

“They remove those things that are not necessary for the way we use them here. They just leave the basic stuff,” he explained. “It is cheapish to buy but expensive to maintain. But it pays for itself within two years and gives me an income.”

Poor quality used vehicles can lead to more road accidents, which kill an estimated 1.25 million people each year. Africa has the world’s highest road traffic fatality rates with 246,000 deaths occurring annually, a number projected to rise to 514,000 in 2030, according to the World Health Organization.

Improvements down the road

The issue of faulty vehicles is catching the attention of exporting countries. The Netherlands – one of the largest used vehicle exporters to Africa – studied used European vehicles being exported through their ports and found that many vehicles, mainly destined for West Africa, were between 16 and 20 years old, fell below European Union emission standards and did not have a valid roadworthiness certificate at the time of export. The Netherlands is developing policies to improve the quality of used vehicles while addressing the issue with other European countries.

UNEP’s report also showed that countries, such as Morocco and Mauritius, that had implemented far-sighted policies gained access to high-tech vehicles, like hybrid and electric cars, at affordable prices.

UN Environment

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Africa

It is time to end the illegal sanctions on Zimbabwe

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At the UN General Assembly (UNGA), African Leaders signalled to the West that it is high time to end the illegal sanctions that have been crippling Zimbabwe for over two decades.

The current Chairman of the African Union, South African President, Cyril Ramaphosa, led the call which was subsequently echoed and strongly endorsed by the Heads of State of Namibia, Kenya, Tanzania, Rwanda and others in their respective addresses to the General Assembly. 

I am immensely grateful for this support. Indeed, it could not be more timely. Our African partners understand that a better Africa equals a better world. But, the continent is facing unprecedented challenges. Coronavirus has significantly exacerbated already existing health, economic and food-security challenges on a scale not seen for more than one hundred years. Sadly, for African nations, coronavirus is just one additional burden to be borne: on top of devastating droughts, locust infestations of biblical magnitude and relentless floods.

The West often expects so much from our nations, and world leaders often analyse us through the lens of their own success. But, in doing so they are only adding to the suffering of millions of Africans.

When President Emmerson Mnangagwa won the election in 2018, he pledged to bring about change, to forge a new relationship with the citizens of Zimbabwe and with the nations of the world.

In the face of endless criticism, we have made and we continue to make significant progress. Most recently, we achieved closure on the long-outstanding issue of compensation to farmers whose land was acquired during the Land Reform Programme of the late 90’s and early 00’s.  The sum of US$ 3,5 billion, for improvements effected to the land prior to its acquisition, was agreed-upon by way of negotiations between government and the farmers. 

Elsewhere, we repealed two antiquated laws (AIPPA and POSA). We passed a new Freedom of Information Act, and draft legislation to address the Constitutional requirement for an Independent Complaints Mechanism will shortly be tabled before Parliament. Other constitutional amendments designed to further modernise and open up government are  already before Parliament.

The reformed Zimbabwe Anti-Corruption Commission has received global plaudits, with some notable and important arrests, including two sitting cabinet ministers. The “audit of the rich”, currently being undertaken, is expected to yield further fruits of transparency and accountability.

We have also initiated the most ambitious set of privatisations in the history of Zimbabwe, with 43 of Zimbabwe’s 107 state-owned enterprises earmarked for reform.

We know these reforms are essential if we are to show the world that we are changing our nation’s trajectory. We want to be more open, to grow our economy, to strengthen our public services, to improve the lives of our citizens and we want to play a positive part in the globalised world.

We acknowledge that we still have a long way to go but we are resolute in our determination to modernise Zimbabwe. Even in the midst of the shattering economic impact of COVID-19, we are committed to the path of reform.

I believe the new Zimbabwe has shown sincerity in its willingness to compromise with the West. However, rather than less criticism and an easing of sanctions, we have in fact faced more pressure from the United States. Those who believe these so-called ‘targeted’ measures only hurt the rich and powerful, are profoundly mistaken. The UN recognises that economic sanctions have worsened existing inequalities. They have crippled our banking sector and have negatively impacted upon the performance of businesses both large and small. Our exclusion from lucrative trade benefits afforded under the Africa Growth and Opportunity Act (AGOA), in particular, is holding back our entrepreneurial potential.

Sanctions, and the enhanced country-risk factor they generate, have also made it close to impossible to attract meaningful foreign investors from the West. And a lack of foreign exchange continues to impinge on the very basics of economic life, from raw materials to life-saving drugs.

Our request to the West is very simple: end these sanctions, allow us to respond more comprehensively to the coronavirus pandemic and support us on our journey towards a new Zimbabwe. The desire to squeeze us into a corner serves only to maintain unjustified isolation from the West, to foster negative sentiment towards those who punish us and, most importantly, to perpetuate the suffering and privation endured by our already hard-pressed people.

A better Zimbabwe results in a better Africa and a better world.

It is time to end the illegal sanctions on Zimbabwe.

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Africa

SADC, Zimbabwe and Sanctions

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Emmerson Mnangagwa, President of Zimbabwe. Copyright by World Economic Forum / Sikarin Thanachaiary

Reports suggest the South Africa Development Community (SADC) is growing increasingly impatient with President Mnangagwa’s willingness to impose repressive measures. The speculation emerged in part because President Chakwera, the incoming SADC chair had left Zimbabwe after two days, even though he was meant to spend three days in the country. The suggestions were that SADC was considering sanctions on Zimbabwe. Conversely, there are reports that the SADC countries are pushing for the easing of Western sanctions. In 2001, the US and the EU have imposed sanctions on 141 individuals and around 60 companies. The sanctions relate to allegations of gross human rights abuses.

The Zimbabwean government claims the sanctions are hurting Zimbabwe and ordinary people, limiting its ability to gain lines of credit from international monetary institutions or attract foreign investments. The US-Zimbabwe Democracy and Economic Recovery Act (ZDERA), for example, prohibits American companies from working with companies and individuals on the sanction list. Failure to abide by the legislation has led to financial penalties as seen with the US government’s decision in April 2019 to fine Standard Chartered bank $18 million for dealing with a sanctioned country.

The SADC and the Zimbabwean government assert that removing the sanctions would allow Zimbabwe to revamp its economy, as the country could attract foreign direct investment, which in turn would help the region by reducing the number of Zimbabweans searching for work but also encouraging greater economic development. One should not forget that for decades, Zimbabwe served as the region’s breadbasket, something the Mnangagwa administration is keen to resurrect.

Political Outlook

The push to remove the sanctions comes despite growing authoritarianism in Zimbabwe. The government has introduced a host of policies to limit protests and demonstrations and punish those opposing it. It has also adopted measures aimed at countering increasing tensions within ZANU-PF.

In September, the government introduced the Patriot Act. The measure is meant to respond to a ZANU-PF claim that groups within Zimbabwe, primarily the MDC-Alliance, are not only reaching out to foreign governments but are concocting stories about factionalism within ZANU-PF. State Security Minister Owen Ncube has also spoken of attempts to smuggle guns into the country and establish violent militia groups aimed at destabilising the country and bring forth foreign intervention.

The Act speaks of “conduct aimed at undermining the country” under which Zimbabweans speaking to foreign governments without the express permission of the regime itself will face criminal sanctions. Conduct includes private correspondence and making false statements influencing foreign governments. The Act is likely to impact the opposition and human rights groups who often look to get support from a foreign government.

More of a concern to President Mnangagwa is internal tensions with ZANU-PF. For example, following the chaos in the Kwekwe Central constituency during primary elections on October 3, President Mnangagwa convened a special meeting with provincial executive members. There were youths, women, and war veterans’ representatives. The President warned leaders against manipulating the ZANU-PF constitution by imposing preferred candidates through vote-buying. He also warned against attempts to use the Zimbabwe Electoral Commission voters’ roll in conducting primary and district coordinating committees’ elections. Important leaders in ZANU-PF have been expelled Cleveria Chizema and Tendai Savanhu, claiming they were causing divisions and factionalism in the party and province. The party also expelledKiller Zivhu because he called for a dialogue between First Lady Auxillia Mnangagwa and MDC-Alliance leader Nelson Chamisa’s wife Sithokozile. It seems President Mnangagwa favours this method of asserting his will on the party, like those that show contrition are allowed to rejoin.

An additional concern for President Mnangagwa is unhappiness from the veterans regarding his plan to compensate white farmers for the 2000-2001 land reform program. President Mnangagwa’s overture towards the white farmers involves either revoking the offer letters given to black farmers, resettled on the land formerly belonging to white farmers and if restitution proves impractical, the intention is to white farmers land elsewhere. Included in the package is $3.5bn in compensation “for infrastructure on the farms they lost”. In September, a group of former fighters filed an application with the High Court against the measure.

The MDC-Alliance is facing several key challenges. First, since the death of Morgan Tsvangirai in 2018 from colon cancer, the group has been unable to challenge the ZANU-PF. Second, the opposition must be circumspect in criticising what is taking place in Zimbabwe as such action would sustain the sanction regime thus harming ordinary Zimbabwean. Consequently, the opposition must balance its actions: encourage demonstrations and opposition to the government while making sure ordinary Zimbabweans are not too affected further by the sanctions.

Economic Outlook

In 2018, the Zimbabwean government introduced the Transitional Stabilisation Programme, which included the re-introduction and stabilisation of the Zimbabwe dollar, rationalisation of the civil service to contain wages, and the foreign currency auction system. Interfuse within this program was controlling Zimbabwe’s runaway inflation.

In September, the Securities and Exchange Commission of Zimbabwe (SECZ) issued a licence for the Victoria Falls Stock Exchange Limited. VFEX is a wholly-owned subsidiary of the Zimbabwe Stock Exchange. The purpose behind VFEX is to facilitate the inflow of hard currency to Zimbabwe. VFEX is currently finalising the listing and membership requirements, setting up of the trading and depository systems, modalities on the clearing and settlement of transactions. There are also discussions as to the listing bitcoin and other cryptocurrencies, depending on the digital asset issuers getting “regulatory approval.” The SCEZ has yet to determine what are cryptocurrencies; they may follow the Nigerian example and classify cryptocurrencies as securities. Notably, over the last two years, the Zimbabwean Central Bank has shifted its position on cryptocurrencies. For example, in 2018 it banned Golix, Zimbabwe’s largest cryptocurrency exchange to noting the value of digital currencies. The Bank may be seeing the potential for bitcoin mining in Zimbabwe, an endeavour that demands a tremendous amount of energy as seen in Ghana which opened Africa’s first mining facility Ghana Dot Com.

The US/EU Aspect

Brian A. Nichols, the U.S. ambassador to Zimbabwe, who has had an interesting relationship with the Mnangagwa administration who at one point labelled him a thug, has spoken on how to improve US-Zimbabwean relations. This change could be related to rumours that the United States is hoping that Zimbabwe could help Mozambique deal with the Islamist insurgency raging in Cabo Delgado. The US Agency for International Development (USAid) will provide approximately US$60 million to the World Food Programme’s Lean Season Food Assistance programme in Zimbabwe. The US Centres for Disease Control and Prevention currently has several experts working with the Zimbabwean authorities on healthcare issues.

The EU is less likely to publicly change its position on the sanctions, however, due to the persistent humanitarian crisis, the EU is unlikely to weaken its support for the country. The EU is in the midst of devising a new humanitarian budget as the 2014-2020 budget needs revision (the next budget is due in 2021). The EU would like to see more engagement from regional actors such as the SADC. Nevertheless, despite the imposition of sanctions, the EU’s European Development Fund has continued to support Zimbabweans in three main areas: health, agriculture, and institution-building. This type of support is likely to do continue especially as the EU is showing greater interest in Mozambique due to the huge liquid gas field find and the insurgence in Cabo Delgado.

Summary

Zimbabwe is on the precipice of major changes, some of which are in its hands whereas others depend on the region and the world.

President Mnangagwa has introduced some structural reforms aimed at improving the state of the economy, which have slowed down the economic collapse, although the country is affected by the Covid-19 pandemic and the sanction regime.

It is presumptuous to assume President Mnangagwa is politically safe. He is facing pressure from within ZANU-PF. There is opposition within ZZANU-PF to some of his policies. He is also contending with pressure from a disorganised opposition, which is why he has introduced several new measures all aimed to secure his reign. These measures include weeding out potential threats from within the party and further weaken the opposition.

President Mnangagwa does enjoy some support from his neighbours whose priority is a stable Zimbabwe. There are concerns across the region about growing authoritarianism (including unhappiness with gross human rights violations) in Zimbabwe and a return to Mugabe-style rule. However, the key to many in the region is economics. In other words, there is a belief that by ending Zimbabwe’s economic woes, stability and democracy would take hold. This is why there seems to be regional support for the easing, ideally lifting of sanctions. It is likely the SADC is likely to explore. The SADC may find receptive ears in Washington and Brussels who see great value in Zimbabwe, as both are concerned with the increased Chinese presence in Southern Africa.

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