Prague Spring, not Velvet Revolution |
Publication | Mail & Guardian |
Date | 2001-01-15 |
Reporter | Tony Leon, leader of the Democratic Alliance |
Web Link | www.mg.co.za |
The ANC's reaction
to inquiries into the arms deal is not surprising considering its steady
centralisation of power
The decision by South
Africa's Parliament in November last year to launch an investigation into the
R43-billion arms deal was seen by some as evidence that Parliament was finally
flexing its constitutional muscles.
One prescient political commentator noted that "we always knew it would take a while for day-to-day political behaviour to catch up with the Constitution's aspirations".
In the new year,
however, the African National Congress leadership acted ruthlessly to limit the
scope of the inquiry. President Thabo Mbeki announced that the special
investigative unit, headed by Judge Willem Heath, would be excluded from the
investigation. Mbeki justified this decision by labelling Heath
"ungovernable."
Last week the head of
the ANC component of the public accounts committee, and a prime mover behind the
investigation, was demoted. Announcing this decision the party's chief whip,
Tony Yengeni, said the ANC members of the committee would now operate under the
guidance of the party leadership: "In our system, no ANC member has a free
vote."
As the party leadership
sends in the tanks to crush the inquiry, Parliament's decision to investigate
the arms deal has come to resemble more Prague spring than velvet revolution.
The response of much of the press and civil society has been one of bewilderment
- our Constitution's noble aspirations have proved to be little more than
parchment barriers in the face of such blatant abuses of power.
Yet Mbeki's
intervention should not have been entirely unexpected. Although the consequences
are only now becoming visibly apparent, the ANC leadership has been steadily
accumulating and centralising power over a number of years.
The origins of this
"power creep" can be traced back to 1997, when the ANC passed a
resolution at its national conference reaffirming the Leninist doctrine of
"democratic centralism" as a guiding principle of the movement. In
terms of this doctrine, all state institutions were to be brought under party
control and all party organs (including ANC caucuses in the legislatures) were
placed under the "supervision and direction" of the central party
structure, the national executive committee (NEC).
Although "debate
and discussion" was permitted beforehand, once the NEC reached a decision
"iron discipline" was to prevail and party members were obliged to
"abide by, defend and implement" that decision.
To give practical
effect to this doctrine the work of overseeing, promoting and selecting ANC
cadres was concentrated in one body, the national deployment committee.
The ANC politburo, the
national working committee (NWC), was given the final say over the
"deployment" and "redeployment" of ANC members to both party
positions (such as in the legislatures) and to state institutions.
Following the 1999
election the NWC decided who would fill the positions of speaker and heads of
committees and then sent their decision to Parliament to rubber-stamp.
The effect of this
policy was to shift real authority from constitutional structures (such as
Parliament) to those of the party.
Thus, although ANC MPs
were obliged by the Constitution to ensure that the executive accounted to
Parliament, they were, in terms of the ANC constitution, "answerable and
accountable" to the party leadership.
James Madison famously
wrote that in order for the separation of powers to function effectively
"ambition must be made to counteract ambition". With its iron grip
over the careers of ANC cadres, the party leadership ensured that ambition
counteracted independence. Not surprisingly, party authority has generally
prevailed over constitutional obligation.
The ANC's fusion of
party and state meant that the arms procurement process was conducted without
many of the basic checks and balances provided by an independent civil service.
The chief of
acquisitions was an ANC cadre, and many of the state institutions that might
have provided some oversight - such as the intelligence and prosecution services
- had been placed under party control. Companies partly owned by senior members
of Umkonto we Sizwe received a disproportionate share of the sub-contracts, and
there are suggestions that other ANC politicians may have improperly benefited.
Thus, because the arms
deal resembles, in crucial areas, an all-ANC affair, any evidence of wrongdoing
would in all likelihood severely embarrass the ruling party.
Perhaps what is most
surprising then about Parliament's probe into the arms deal is that it was
allowed to happen in the first place. There are probably a number of reasons for
this failure to politically manage the process from the beginning: The Office of
the Auditor General, which submitted a report calling for further investigation,
is one of the few state institutions outside of party control; the public
accounts committee is headed by an opposition (Inkatha Freedom Party) MP and
contained some of the last few independent-minded ANC MPs; Deputy President
Jacob Zuma was (for some reason) supportive; and the ANC caucus was opposed to
corruption in arms deals in a vague kind of way.
The push by the party
leadership to effectively reverse Parliament's decision is a demonstration of
the awesome powers Mbeki has accumulated. Once the NWC decided and the NEC
directed that Heath should be excluded, iron discipline prevailed and ANC MPs
(including Zuma) defended and implemented that decision, even though they had
supported his inclusion a few months before.
The NWC control over
deployments allowed them to remove Andrew Feinstein as head of the ANC study
group on public accounts, and to pack the committee with more
"disciplined" party cadres.
Although the ANC has
broken the independence of many institutions before, this is the first time it
has been challenged by the bulk of the media, and has consequently had to expend
serious political capital. By comparison the ANC's illegal sacking of the
registrar and deputy registrar of the Medicines Control Council - for refusing
to allow the testing of Virodene - provoked minimal critical comment.
Yet despite the fact
that Mbeki's intervention is a logical and predictable consequence of democratic
centralism, many commentators have persisted with the view that his actions can
be ascribed to "poor public relations", bad luck or inferior advice.
Until people realise
that such abuse of power is the direct result of the unfettered accumulation of
power they will be continue to be startled by the actions of the ruling party.
With acknowledgement to Tony Leon and the Mail and Guardian.