Thuli holds nothing back; points and aims

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Johannesburg - Former public protector Thuli Madonsela has delivered a stinging parting shot to President Jacob Zuma’s government, accusing it of having failed to implement its critical constitutional obligations. In a no holds barred lecture for the Ahmed Kathrada Foundation in Joburg on Saturday, she pointed out where Zuma’s government had got its constitutional priorities wrong, including giving a R5-billion bailout to the ailing SAA while denying her office funds to investigate fraud and corruption. Madonsela, ironically, was one of 11 technical law experts who drafted South Africa's constitution, which made it easy for her to expose the flaws in government spending and policy implementation. She said the government has dropped section 237 of the constitution, which obliges it to deliver on the promises it made to its people. “How many of us base our decision on this section of the constitution when deciding policy priorities, when you decide what you're going to fund, when you decide that you are going to bailout SAA, yet another state institution that is being run down by its own board, do you consider section 237.

“When you say to the public protector that you don't have money to fund the office, yet a week later you have R5-billion to bail out SAA. Did you consider section 237, which says constitutional responsibilities must be given priority, which means whatever resources we have - we have to do the things we must do first before we do the things we love to do,” Madonsela said.

She said people like Kathrada, Nelson Mandela, Walter Sisulu and other struggles heroes did not go to jail for students to continue sleeping in university libraries and bathrooms.

Struggle stalwarts had sacrificed their own lives to improve living conditions and eradicate poverty, she added.

“We also learnt from them the value of compassion, a sense that others were suffering, and a sense that the human dignity of others was eroded. I looked at even the black people within that group - the Rivonia triallists - they were fairly middle class.

“Mandela could have pursued his legal dream or any other career, he could have collaborated with the system. The same could have been done by Walter Sisulu, but they had compassion for every human being. They had the courage to step out of their own comfort zones so that they could use their skills and competencies to help fellow human beings,” Madonsela said.

But today, Madonsela said, the students wanted an end to social injustices. If indeed #FeesMustFall, what should rise? she asked.

Answering her own question, she said: “Bridges must be crossed. We knew that the new South Africa needed us to try this journey. The constitution gave us a bridge but when it comes to issues of racism and eradicating inequality, the constitution knew that it alone cannot succeed without laws.

“One such law, the Equality Act, was passed in such a rush. Chapter 5 of the Act has not been implemented. What must rise is the promises we make must be kept.

“Task teams, policies, strategic plans and things like that don't change lives; they only provide us with roadmaps. The only way you can change lives is if you implement consciously and in a committed way.

“The one part we did prioritise is BEE, but the way that is structured is such that the major beneficiaries are those of us who make these policies. Compare South Africa with Sweden, where there is a conscious decision by the state to be egalitarian.

“Have we measured every policy that we conceived and considered whether it would decrease inequality?”

She maintained that the architects of South Africa's democracy wanted the state to be accountable and to rule with integrity while being responsive to the needs of its people.

In March, the constitutional court handed down a damning judgment against Zuma, finding he had violated his constitutional obligations by failing to implement the remedial actions of the public protector in the Nkandla debacle.

Continuing her sting on lack of accountability, Madonsela said, in an apparent attack on Zuma: “If you are going to be a driver of a car, surely you must be the first to understand it.”

Those accept the privilege of being given the responsibility to take care of collective power and resources must understand the constitution because it is our only court chart, she said.

“Accountability must rise, responsiveness must rise and integrity must rise.”

Madonsela also spoke of her empathy for students protesting at universities, saying their actions were a sign that “they can’t suffer silently”.

“A promise we make must be a promise kept,” Madonsela emphasised, saying most of the ills the country was faced with due to the government failing to meet these obligations.

She was not surprised that racism was still persistent in the country, 22 years after democracy and blamed government for it.

“If fees don't fall, people who are trapped at the bottom of society because of persisting racial disparity compounded by gender discrimination and cross inequality will be trapped at the bottom,” she said. “But because the constitution promises them improved quality of life they can't suffer silently as others did in the past. I hope you agree with me that nobody should be sleeping in the toilet to get education.”

Political analyst Mcebisi Ndletyana said if he was “president of the governing party I would support the public protector” because her office was able to deal with civil servants abusing state resources.

Sunday Independent