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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.

Isaac Kfir, Independent consultant, Advisory Board, International Institute for Justice and the Rule of Law and Adjunct Professor, Charles Sturt University

Africa

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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