“Victory is Certain” was a slogan used by ANC (African National Congress) and UDF (United Democratic Front) activist during the 1980s that made me as one of those activists not to fear being convicted or killed by and through the NP (National Party) control of the South African State and its machinery.
Like the impi’s or soldiers of Shaka Zulu we have the numbers on our side. No matter how many they kill of us they cannot kill all of us before we have taken power from them. “Power to the People” we (I) will shout and rally the youth endowing them with a “kamikaze” like spirit which made care of losing one’s life obsolete. “Apartheid must be destroyed”.
All this resolve of anti-apartheid activists rested on the foundation of Principle: All human beings are equal and have equal rights. Apartheid discriminates between Black (Coloured, Indian, Chinese and Africans) and Whites, ascribing superiority to Whites and inferiority to Blacks based solely on the colour of a person’s skin.
It was our Noble Struggle to have principle to supersede convenience. Convenience in this case being having a white skin and being declared White in terms of an act of parliament allowing politics to mean division and management of resources of South Africa to be askew in favour of Whites.
Some Whites still believe that there was nothing wrong with this because Whites brought “civilisation” to Africa and therefore had a right and still have rights that must supersede that of the “mud” people.
Principle however won the day as it always does and the flag carriers of Principle this time around, the ANC won the day against the carriers of the flag of Convenience.
It is at this point, the zenith of its’ management of the aspirations of the oppressed in South Africa to be ruled by Principle (Constitutional Democracy) that the ANC seemingly realised but this “Rule of Principle or Rule of Law” business demands personally to much from us as Blacks and in particular leaders of Blacks who have been on the receiving end of oppression and to little from those who oppressed us.
Whites during and at the finalisation of the new Constitution of South Africa made sure they still retain and demand maintenance of their economic condition, wealth and comfort to be stable per ratio equal to any private or public spend on improving the material conditions of Blacks (standards must not fall [actually change]).
Blacks and Whites are now EQUAL and the ANC should now as the government create for Blacks their own economy (no BEE or BBBEE) to have Blacks to become overtime as wealthy and comfortable as Whites.
The ANC leaders seemingly (and if we have to believe Professor Sampie Terreblanche) reasoned: Political power is good enough for now, the rest (economic power: the process and means of it’s’ attainment for Blacks) must stand over for another day or will be addressed within the framework of the new Constitutional order.
Political power in reality it dawn very quickly on the ANC must and do cause instant “wealth and comfort” for a tiny group of its members (and their families aka the Zuma clan) who had to take-up positions in Government, the State and private sector businesses who wish to maintain good relationship (sometimes corrupt) with Government and the State.
“Jealousy makes you nasty” and “Selflessness in the Struggle” soon became competing motivational forces within the ANC. And so all hell broke loose within the ANC amongst its’ members. Comrade started to turn on comrade from grassroots level as high up as between President Thabo Mbeki and his deputy, Jacob Zuma (why can I not have my Schabir Shaik?).
A new culture has taken a manifest hold of the ANC and Blacks in general: The Struggle to be in the inner circle of those controlling political power became the new struggle. A dog eat dog struggle amongst comrades.
The challenge of economic freedom for the Black masses as a whole we as the ANC now faced can be summarised as the making of excellent legislation in parliament, implementing the legislation through a professional civil service and having legal disputes about the meaning of legislative provisions resolved by an independent judiciary.
This however it seems became too difficult a task for Parliament and the Executive: Too much consultation, reading and writing. We want the SUV and the Stellenbosch wine farm now; and so unconstitutional law making or simply bad law making became the order of the day. Lack of implementation or ability of implementation of good laws at municipal, provincial and even national government level see tax payers money going down the drain and the Auditor-General reporting very badly about the ANC’s management of Government and the State to date.
Convenience: the economy, wealth and the comfort it brings to the new political class once again as under Apartheid supersedes Principle: consulting citizens, making laws incompliance with the wishes of the citizens and the constitution, implementing the laws and regulations efficient and effectively and leaving disputes about the laws in the safe hands of an independent judiciary.
The Rule of Law and the courts however it seems became a nuisance constantly interfering with the ANC’s new motivation; Politics of Convenience above Politics of Principle.
The Minister of Justice and Constitutional Development, Honourable Jeff Radebe went so far as to warn with the election of Mr. Jacob Zuma President of the ANC as President of South Africa, that Jacob Zuma’s was not the election of a Pope: No white smoke was let out through the chimney of parliament with his election! Beware its shouted to not only South Africans in general but those ANC members like myself who cannot let go of our first love in the Struggle: The Struggle is a Noble Struggle! Nobility se m@ se po*s. Ignoble the ANC has become.
No soon has the same Minister of Justice and Constitutional Development, Honourable Jeff Radebe ascended the throne of governor of all that is an institution of justice in South Africa and South African judges seemingly started to lose their minds. Judges normally are appointed because they are schooled in law and or because they have an innate ability to make just evaluations of what is presented to them. The requirement of schooling in law is to make sure a judge can read any law and interpret it to be applied practically as it was intended by the law makers (parliament) and the requirement of being a fit and proper person (to make just evaluations) to make sure we do not have unwise decisions as the outcome of our court processes such as those attributed to now our Chief Justice Moegoeng Moegoeng in rape cases (http://mg.co.za/article/2011-09-02-mogoengs-shocking-child-rape-ruling), Judge President John Hlophe (www.legalbrief.co.za/index.php?page=HlopheSaga) in numerous cases and Judge of Appeal Lazarus Tlaletsi in labour cases (www.citypress.co.za/SouthAfrica/News/Sangoma-sick-note-valid-court-20121019-2).
There are numerous incidents like this and so is evident this assault of Convenience on Principle under the ANC.
The JSC (Judicial Service Commission) recent selection for appointments as judges of persons of questionable character (www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=334797&sn=Detail&pid=71616) such as Babalwa Mantame and Mokgoatji Dolamo over Jeremy Gauntlett is another prime example of Convenience superseding Principle ignoring other good Black lawyers of excellent character and legal schooling which may triumph Mr Gauntlett with the eye on principle and not convenience. It is however convenient for the ANC to use its JSC majority vote to have questionable persons as judges because such persons have a demonstrable history of using principle (law, rule, regulation or legal precedent) as a door mat on which you wipe your soiled feet.
Besides for the respect shown to the South African courts of law by the first two presidents of the ANC under the new Constitutional Democracy in South Africa, Nelson Mandela and Thabo Mbeki; South Africans become accustomed to an ANC who made it publicly clear that it does not TRUST the courts and its members are constantly rallied to preach the gospel that it is un-ANC to approach the courts even if you believe your human rights in the ANC is being trampled upon, crime is being committed in the ANC’s by its members and or Lady Justice is being raped by political interference in judgments of judges.
It is and shall never be that this ANC described above is the same ANC of Albertina and Walter Sisulu, Oliver and Adelaide Tambo, Beyers Naude, Molly and Braam Fishcer and many more because their ANC is an ANC engage in Nobility not Ignobility. It is an ANC of hard work and commitment rewarded not for convenience sake but for the sake of principle.