Motlanthe’s Two Big Mistakes |
Publication |
Business Day |
Date | 2008-12-13 |
Reporter |
Tim Cohen |
Web Link |
Former British prime minister Harold Macmillan famously replied to the
question, “What is most likely to blow governments off course?” with the
slightly dismissive put-down, “Events, dear boy, events.” His little bon-mot is
widely repeated because it points to something intrinsic in politics.
So often political decisions are 60/40 things; they are never quite right, but
are they neither entirely wrong. Choices are often blurry, and the effects are
seldom immediately apparent. Government is a battleship, so nothing happens
fast; decisions are current, but consequences are distant.
Political events force choices, and it’s in making these choices that
politicians’ true colours
become apparent. President Kgalema Motlanthe is in the invidious position of
being head of state for what must surely be one of shortest terms in history.
Yet , events are catching up to him.
Motlanthe has made two big decisions,
and I think he has got them both horribly
wrong. The first was the decision to fire national
director of public prosecutions Vusi Pikoli despite the recommendation of the
Frene Ginwala commission that he should be reappointed.
Motlanthe’s argument is that though Ginwala found Pikoli’s conduct honourable,
he didn’t have sufficient sensitivity to questions of national security. If this
was the reason for his dismissal, she would have endorsed it, Ginwala said. But
it was not, so he deserved his job back.
The problem with this line of argument is the notion that a prosecutor is
obliged to take national security into account when making a decision about who
to charge. There may be situations where this is a factor, but this was not one
of them. And the constitution says exactly the opposite; article 179 (1) (4)
says the prosecuting authority must exercise its function “without fear, favour
or prejudice”. If this means anything, it’s that prosecutors should decide to
prosecute solely on the basis of whether they believe a suspect has committed a
crime. “National security” doesn’t enter into it.
But Ginwala finds an opposing and overriding constitutional requirement;
Pikoli’s decision, a trivial one about a one-week or a two-week delay in
charging police chief Jackie Selebi , showed a “lack of respect for the
president’s constitutional obligation to maintain stability and national
security, and it suggests that Adv Pikoli believed his own assessment of the
security environment superior to that of the president”.
Funny she should mention that. Mbeki’s security concern was that police would
riot if Selebi was arrested, but when he eventually was, they did not.
Pikoli’s assessment of the security environment was, in fact, superior to that
of the president.
So why does she condemn him for making what turned out to be a correct decision?
By making this finding Ginwala betrays her
political prejudices; she is, after all, a staunch
pro-Mbeki ANC stalwart. Hence the conclusion that Pikoli should grovel before
his political master, and that essentially party concerns should override his
constitutional responsibility.
By endorsing this line of argument, Motlanthe fails a critical test. He
compounded this by refusing to reopen the arms deal investigation, despite
endorsement of this from a wide spectrum of great South Africans , including
Archbishop Desmond Tutu.
Before this week, Motlanthe was charged with nothing more than keeping the seat
warm. But now he is an actor in the South African passion play. And, it must be
said, not the hero of the piece.
His persona was a safe pair of hands; the man who stood up against corruption
and enrichment in the ANC. Now his public persona is
just another party hack,
protecting party members from scrutiny and manipulating the justice system so
that his successor can hope to escape being charged.
It’s all a bit tragic.
Events, dear boy, events.
With acknowledgements to Tim Cohen and Business Day.