Publication: The Star Issued: Date: 2009-09-03 Reporter: Max du Preez

We must nurture our political green shoots

 

Publication 

The Star

Date

2009-09-03

Reporter Max du Preez
Web Link www.thestar.co.za

 

There may not be many "green shoots" indicating a recovery of the economy, but I am detecting a few of them in terms of governance and the leadership of president Jacob Zuma.

But our political green shoots are at risk and we have to be very careful ensure they will grow to strong, healthy trees.

One threat to our fragile shoots is the likely appointment of Western Cape Judge President John Hlophe to the Constitutional Court. Another is the appointment of an ANC insider to the position of Public Protector and a weak head of the National Prosecuting Authority.

What green shoots do I see?

Zuma's new assertive attitude towards Zanu-PF in Zimbabwe is like a breath of fresh air.

Early indications are that the Zuma administration is going to be much harder than any previous administration on lazy, incompetent or corrupt civil servants. It also seems as if the government is determined to halt the slide of failing local governments into complete dysfunctional.

The proposal that new, more austere guidelines be drawn up for the purchases and lifestyles of top politicians and civil servants is not something that would have happened during the reign of Thabo Mbeki.

Another strong green shoot is the more prominent role given to parliament by the Zuma government. That is a step closer to a healthier, more popular democracy. President Zuma's new approach to the opposition parties is another good indication that he is prepared to listen to the voters and wants to be a president to more than just ANC supporters.

The first threat that comes to mind is the very real threat to an independent judiciary.

I'm afraid there is a picture, a pattern beginning to form that predicts nothing good for our judiciary. As we've seen in Zimbabwe and elsewhere, the loss of a credible judiciary is always the beginning of the end of democracy. Members of the public are also beginning to get worried: the trust in an independent judiciary has declined by six percent during the last few years, according to a recent much-publicised survey.

After those dangerous remarks about our courts by Zuma himself, by the secretary-general of the ANC, Gwede Mantashe, and others, we saw the dropping of the charges against Zuma by the acting prosecutions head, Mokotedi Mpshe. Most respected jurists in the country believe that decision was a political one.

We also had the release "on medical parole" of the convicted fraudster who was found to have had a fraudulent relationship with Zuma, Schabir Shaik.

It is common cause that there are thousands of prisoners in jail today with much more serious medical conditions than Shaik, but they have no chance of getting parole. And yet, even when there is evidence that he is living the life of a fairly healthy man, the government refuses to take the parole decision to a review body.

I have no problems whatsoever with Judge Sandile Ngcobo as the new chief justice. But there is no denying that the job should have gone to the serving deputy chief justice, Dikgang Moseneke.

And then there is Judge Hlophe. Never before, as far as I know, has one South African judge discredited the courts and the judicial system as much as he has. But since he was made into a champion of transformation and black advancement by some dubious people, he has been treated with kid gloves.

The judges of the highest court in the land objected when Hlophe tried to influence some of their decisions, specifically on Zuma himself.

A bungling, pathetic Judicial Service Commission couldn't stand up to Hlophe's bullying, and when push came to shove, Zuma replaced some of the critical voices on the JSC, who then voted that no steps be taken against Hlophe, making the Constitutional Court look like fools.

Let's stop the rot now. Hlophe doesn't belong in the Constitutional Court. It is the heart of our democracy.

This is my last column for the Independent Newspapers Group. Thanks for indulging me for ten years.

With acknowledgements to Max du Preez and The Star.