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.
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.
West Africa: Extreme poverty rises nearly 3 per cent due to COVID-19
Extreme poverty in West Africa rose by nearly three per cent in 2020, another fallout from the COVID-19 pandemic, a UN-backed report launched on Thursday that looks at the socio-impact of the crisis has revealed.
The proportion of people living on less than $1.90 a day jumped from 2.3 per cent last year to 2.9 per cent in 2021, while the debt burden of countries increased amid slow economic recovery, shrinking fiscal space and weak resource mobilization.
More than 25 million across the region are struggling to meet their basic food needs.
The study was published by the Economic Community of West African States (ECOWAS), in partnership with the West Africa Sub-Regional Office for the UN Economic Commission for Africa (UNECA) and the World Food Programme (WFP).
Sekou Sangare, the ECOWAS Commissioner for Agriculture, Environment and Water resources, said the pandemic has, in particular, annihilated benefits gained in fighting food insecurity and malnutrition.
“Even if we are happy with the governments’ response through the mitigation actions they have taken, we have to worry about the residual effects of the health and economic crisis as they are likely to continue disturbing our food systems for a long time while compromising populations access to food, due to multiple factors,” he said.
The report highlights the effects of measures aimed at preventing coronavirus spread, such as border closures, movement restrictions and disruption of supply chains.
Forced to sell
These measures had an impact on income-generating activities, and on food prices in markets, with small traders, street vendors and casual workers most affected.
The deteriorating economic situation has adversely affected food security and nutrition in West Africa.
More than 25 million people are unable to meet their basic food needs, a nearly 35 per cent increase compared to 2020. People have been forced to sell their assets and livelihoods in order to get enough to eat.
The situation is most severe in those areas affected by conflict, such as the Lake Chad Basin region, the Sahel, and the Liptako-Gourma region, which borders Burkina Faso, Mali and Niger.
Strengthen social protection
The partners hope the report will encourage public and private response to address the pandemic’s negative impacts on the people of West Africa.
Chris Nikoi, WFP’s Regional Director for West Africa, underscored the need for immediate and concerted action.
“This report clearly shows the urgent need for Governments and partners to deliberately increase investments to strengthen and increase social protection programs, social safety-nets such as school meals, and other livelihoods-enhancing programs with particular emphasis on women and youth,” he said.
The Director of the ECA’s Sub-Regional Office, Ngone Diop, pointed to one of the strengths of the partnership, namely the ability to carry out an online survey which mobilized nearly 8,000 respondents.
Moreover, she said “basing our analyses on primary, first-hand data from households directly impacted by the health crisis makes it possible to offer decision-makers at the regional and national levels with relevant and better-targeted policy options.”
Responding to needs
Since the outbreak of the pandemic nearly three years ago, ECOWAS and its partners have implemented several economic and financial measures to respond to the increasing needs in the region.
ECOWAS Member States, with support from WFP and other technical partners, have also expanded social protection programmes, as well as food distributions, for the most vulnerable communities.
For example, In Mali and Niger, they are supporting some 1.4 million people and helping to strengthen national social protection systems.
“WFP is committed to engage more with ECOWAS in enhancing coordination and facilitating experience sharing among countries, with the aim to ensure social protection systems in the region support food security and nutrition and provide resilience to shocks,” said Mr. Nikoi.
Pragmatic Proposals to Optimize Russia’s Pledged Rehabilitation of Ethiopia
Russian Ambassador to Ethiopia Evgeny Terekhin pledged that his homeland will help rehabilitate his hosts after getting a clearer understanding of the full extent of the damage that the terrorist-designated Tigray People’s Liberation Front (TPLF) inflicted on the northern part of the country throughout the course of its approximately half-year-long occupation of the Afar and Amhara Regions. China’s Xinhua recently cited official Ethiopian government statistics about this which claim that the Amhara Region suffered damages upwards of approximately $5.7 billion.
According to their data, the TPLF partially or fully damaged 1,466 health facilities and vandalized water, electricity, and transport infrastructure. 1.9 million children are out of school in that region after more than 4,000 schools were damaged by the group. Over 1.8 million people were displaced from the Afar and Amhara Regions while 8.3 million there are suffering from food insecurity. The scale of this humanitarian crisis is massive and the direct result of the US-led West’s Hybrid War on Ethiopia that was waged to punish the country for its balanced foreign policy between the US and China.
It’s here where Russia can rely on its recent experiences in helping to rehabilitate Syria and the Central African Republic (CAR) in order to optimize its pledged rehabilitation of Ethiopian. Those two countries are much more war-torn than Ethiopia is, the latter of which only saw fighting in its northern regions instead of the entirety of its territory like the prior two did. The most urgent task is to ensure security in the liberated areas, which can be advanced by summer 2021’s military cooperation agreement between Russia and Ethiopia.
This pact could potentially see Russia sharing more details of its earlier mentioned experiences in order to enhance the Ethiopian National Defense Force’s (ENDF) security and stabilization operations in the northern part of the country. Syria and the CAR survived very intense Hybrid Wars that utilized cutting-edge military tactics and strategies against them similar to those that were subsequently directed against Ethiopia by the TPLF. It would help the ENDF to learn more about the challenges connected to ensuring security in areas that have been liberated from such contemporary Hybrid War forces.
The next order of business is to help the many victims of that country’s humanitarian crisis. Russia’s experience with assisting Syria in this respect, which suffered one of the world’s worst humanitarian crises in decades, can be of use to Ethiopia. This is especially the case when it comes to aiding its internally displaced people. Their immediate needs must be met and maintained, which might require urgent support from that country’s trusted partners such as Russia. Provisioning such in an effective and timely manner can also improve Russia’s international reputation too, especially among Africans.
Northern Ethiopia’s post-war rehabilitation must be comprehensive and sustainable. The country’s Medemer philosophy — which has been translated as “coming together” – will form the basis of these efforts. Prime Minister Abiy Ahmed touched upon this in his 2019 Nobel Peace Prize speech and his book of the same name that was released earlier that year. Its English translation hasn’t yet been published but Medemer was explained at length by high-level Ethiopian officials during an early 2020 US Institute of Peace panel talk and in Ethiopian writer Linda Yohannes’ insightful book review.
An oversimplification of it in the economic context is that Medemer preaches the need for comprehensive, inclusive, and sustainable growth through public-private and other partnerships that bring prosperity to all of its people, which in turn strengthens socio-political relations between them. It seeks to apply positive aspects of foreign models while avoiding the bad ones. The Medemer mentality aspires to balance cooperation with competition, constantly improving itself as needed, in order to synchronize and synergize Ethiopia’s natural economic advantages in people, location, and resources.
In practice, this could see Russian public and private companies partnering with Ethiopia’s primarily public ones to rehabilitate the northern regions’ damaged infrastructure. Since sustainable growth is one of Medemer’s key concepts, the country’s Russian partners could also train more laborers, social workers, teachers, and doctors throughout the course of these projects while offering scholarships to some internally displaced youth for example. In that way, Russia and Ethiopia could truly embody the Medemer spirit by literally bringing their people closer together as a result of these noble efforts.
All the while, Russia’s international media flagships of RT and Sputnik should be active on the ground documenting the entire experience. The immense influence that Moscow has in shaping global perceptions can be put to positive use in exposing the foreign-backed TPLF’s countless crimes against humanity in northern Ethiopia. This can powerfully counteract the US-led West’s information warfare campaign against its government, which misportrays the TPLF as innocent victims of the “genocidal” ENDF, exactly as similar Russian media efforts have done in debunking Western lies against Syria.
The world wouldn’t only benefit by learning more about the US-led West’s lies against Ethiopia, but also in seeing how effectively Russia is working to reverse the damage that their TPLF proxies inflicted in the northern part of that country. Russia is also a victim of their information warfare campaign, which misportrays the Kremlin as a dangerous and irresponsible international actor. The truth, however, is that Russia is a peaceful and responsible international actor that has a documented track record of cleaning up the West’s Hybrid War messes in Syria, the CAR, and prospectively soon even Ethiopia too.
Upon taking the lead in rehabilitating northern Ethiopia, Russia should diversify the stakeholders in that country’s prosperity in coordination with its hosts. It’s in Ethiopia’s interests as well to receive assistance from as many responsible and trusted partners as possible. Russia can help by requesting that relevant aid and multilateral rehabilitation efforts be placed on the agenda of the proposed heads of state meeting between the Russian, Indian, and Chinese (RIC) leaders that presidential aide Yury Ushakov said was discussed for early 2022 during President Putin’s latest video call with President Xi in December.
The RIC countries stood with in solidarity with Ethiopia at the United Nations in the face of the US-led West’s subversive attempts to weaponize international law against it. They’re strong economies in their own right, not to mention through their cooperation via BRICS and the SCO, the latter organization of which also has anti-terrorist and other security dimensions. These two multipolar platforms could potentially be used to extend economic, financial, humanitarian, and security cooperation to their Ethiopian partner to complement bilateral and trilateral efforts in this respect.
Russia’s increasingly strategic ties with the United Arab Emirates (UAE) could also lead to Moscow working more closely with Abu Dhabi on related rehabilitation matters with their shared partners in Addis Ababa. Observers shouldn’t forget that Crown Prince Mohammed Bin Zayed (MBZ) played a crucial role in brokering peace between Ethiopia and Eritrea in 2018. He even awarded their leaders his country’s highest civil honor when they both visited the UAE that summer. Furthermore, Al Jazeera alleges that the UAE has maintained a humanitarian (and possibly even military) air bridge to Ethiopia.
Regardless of whether or not the military aspect of this reported bridge is true or not, there’s no denying that the UAE has emerged as a major stakeholder in Ethiopia’s success. It deposited $1 billion in Ethiopia’s central bank in summer 2018 as part of its $3 billion aid and investment pledge at the time. The UAE also plans to build an Eritrean-Ethiopian oil pipeline in order to help the latter export its newly tapped reserves in the southeast. Additionally, DP World signed a memorandum with Ethiopia in May 2021 to build a $1 billion trade and logistics corridor to separatist Somaliland’s Berbera port.
Considering the closeness of Emirati-Ethiopian relations, it would therefore be fitting for RIC to incorporate the UAE as an equal partner into any potential multilateral plan that those countries might come up with during their proposed heads of state summit sometime in early 2022. It enjoys excellent relations with all three of them so it’s a perfect fit for complementing their shared efforts. Plus, the UAE has the available capital needed to invest in high-quality, long-term, but sometimes very expensive infrastructure projects, which can ensure northern Ethiopia’s sustainable rehabilitation.
It’s pivotal for Russia to prioritize its pledged rehabilitation of Ethiopia ahead of the second triennial Russia-Africa Summit that’s expected to take place in October or November after fall 2019’s first-ever summit saw Russia return to Africa following a nearly three-decade-long hiatus. Coincidentally, Ethiopia requested last April to hold the next event in Addis Ababa. That would be a sensible choice since its capital city hosts the African Union headquarters, has sufficient infrastructure, and can serve most of the continent through its Ethiopian Airlines, which regularly wins awards as Africa’s best airline.
The interest that Ethiopian Ambassador to Russia Alemayehu Tegunu recently expressed in courting more Russian investment ahead of the next summit goes perfectly well with Russian Ambassador to Ethiopia Terekhin’s vow to heighten cooperation between those countries’ ruling parties. This in turn raises the chances that the present piece’s proposals could hopefully serve as the blueprint for beginning relevant discussions as soon as possible on Russia’s pledged rehabilitation of Ethiopia with a view towards achieving tangible successes ahead of the next Russia-Africa Summit.
That timing is so important since Russia mustn’t miss the opportunity to showcase its bespoke “Democratic Security” model in Ethiopia. This emerging concept refers to the comprehensive thwarting of Hybrid War threats through economic, informational, military, and other tactics and strategies such as the action plan that was proposed in the present piece. “Democratic Security” approaches vary by country as evidenced from the differing ones that Russia’s practicing in Syria and the CAR, but the concept could attract many more African partners if it’s successful in Ethiopia by next fall’s summit.
Russia must therefore do everything in its power to bring this best-case scenario about. Rehabilitating Ethiopia won’t just improve millions of lives, expose the war crimes committed by the US-led West’s TPLF proxies, and enable Russia to showcase its “Democratic Security” model to other African countries, but ensure that the continent’s historical fountainhead of anti-imperialism and pan-Africanism survives its existential struggle. Upon that happening, Ethiopia can then serve to inspire a revival of these ideas all across Africa through its complementary Medemer concept and thus strengthen multipolarity.
From our partner RIAC
Decade of Sahel conflict leaves 2.5 million people displaced
The UN Refugee Agency (UNHCR) called on Friday for concerted international action to end armed conflict in Africa’s central Sahel region, which has forced more than 2.5 million people to flee their homes in the last decade.
Speaking to journalists in Geneva, the agency’s spokesperson, Boris Cheshirkov, informed that internal displacement has increased tenfold since 2013, going from 217,000 to a staggering 2.1 million by late last year.
The number of refugees in Burkina Faso, Mali, and Niger now stands at 410,000, and the majority comes from Mali, where major civil conflict erupted in 2012, leading to a failed coup and an on-going extremist insurgency.
Increase in one year
Just last year, a surge in violent attacks across the region displaced nearly 500,000 people (figures for December still pending).
According to estimates from UN partners, armed groups carried out more than 800 deadly attacks in 2021.
This violence uprooted some 450,000 people within their countries and forced a further 36,000 to flee into a neighbouring country.
In Burkina Faso alone, the total number of Internally Displaced Persons (IDPs) rose to more than 1.5 million by the end of the year. Six in ten of the Sahel’s displaced are now from this country.
In Niger, the number of IDPs in the regions of Tillabéri and Tahoua has increased by 53 per cent in the last 12 months. In Mali, more than 400,000 people are displaced internally, representing a 30 per cent increase from the previous year.
Climate, humanitarian crisis
Meanwhile, the humanitarian situation is rapidly deteriorating with crises on multiple fronts.
Insecurity is the main driver, made worse by extreme poverty, and the COVID-19 pandemic. The effects of the climate crisis are also felt more strongly in the region, with temperatures rising 1.5 times faster than the global average.
Women and children are often the worst affected and disproportionately exposed to extreme vulnerability and the threat of gender-based violence.
According to the UNHCR spokesperson, “host communities have continued to show resilience and solidarity in welcoming displaced families, despite their own scant resources.”
He also said that Government authorities have demonstrated “unwavering commitment” to assisting the displaced, but they are now “buckling under increasing pressure.”
UNHCR and humanitarian partners face mounting challenges to deliver assistance, and continue to be the target of road attacks, ambushes, and carjacking.
In this context, the agency is calling on the international community to take “bold action and spare no effort” in supporting these countries.
UNHCR is also leading the joint efforts of UN agencies and NGOs to provide emergency shelter, manage displacement sites and deliver vital protection services, including combating gender-based violence and improving access to civil documentation.
In 2021, more than a third of the agency’s Central Sahel funding needs were unmet.
This year, to mount an effective response in Burkina Faso, Niger and Mali, the agency needs $307 million.
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