Using Political Power to Serve Rather than to Dominate

Ramathate T. H. Dolamo1

1. Introduction

Racial injustices against blacks in South Africa by the colonisers date back to 1652. This phenomenon of oppression, dispossession and exploitation was firmly entrenched in 1948 when the apartheid government took office. But since the unbanning of political organisations that resisted apartheid and fought for national political liberation in 1990 and with the release of political leaders like Nelson Mandela and the attainment of democracy in 1994, serious attempts have been made to address these historical racial justices.

South Africa's democracy entered its tenth year in 2004 and celebrations were held throughout the country. The African National Congress (ANC) led government gave a report on what it has done in the exercise of power that majority of South Africa's people have entrusted to it. Our next elections were scheduled in April and a democratically elected president was sworn soon after.

2. Yesterday

2.1 Racism

Racism seems to be a universal phenomenon. Racial segregation has been evident in most, if not all, British colonies. In Africa, Australia, and Asia stories of white racism against indigenous peoples abound. Other colonial powers, like Portugal, practised segregation policy. As Mzimela (1983, 192) says: "Everywhere where people have been colonised, they have been economically exploited, politically oppressed, and racially discriminated against."

Racial segregation was not merely separation of colonisers and colonised, but a policy aimed at ensuring white supremacy and survival. Davenport (1987, 315-338) points out that as early as 1905, Sir Godfrey Lagden, who was given a task of working out policy for Natives, recommended a complete and permanent separation of blacks and whites, politically and territorially. When apartheid was legalised in 1948, racism had already taken root as Nolan (1988, 72) aptly observes. Motsoko (1984) indicates that blacks had lost practically everything by 1881. That includes land, wealth, political power, national sovereignty, and even human dignity. Well before the establishment of the apartheid state in South Africa, many laws against blacks had been promulgated. The foundation was provided by the British Parliament that promulgated the Union of South Africa Act of 1909, which excluded blacks who were handed over by Britain to the white minority government, along with black land and black-owned mineral resources (Motsoko 1984, 75).

Certain jobs, especially in the mines, were reserved for whites and by 1912 it had become illegal for blacks to strike. Natives (Urban Areas) Act of 1923 regarded blacks as migratory workers in the cities, because racial intermingling had been regarded as undesirable. Natives Act of 1927 was taken further in 1937 by controlling the influx of blacks into the cities, and by making provision for unrequired black labour to be removed to the homelands. Land Acts of 1913 and 1936 completed the dispossession of black owned land by the whites. It was estimated that 87% of South Africa was in white control, and whites made up only 20% of the total population of South Africa. Most of the 13% of the land given to blacks was arid and rocky (Davenport 1987; Lodge 1983; Brotz 1977).

2.2 Development of the Apartheid Policy

Between 1948 and 1960, overtly discriminatory and harsher repressive laws were promulgated. Davenport (1987, 361) calls this period "The Age of Social Engineers". Population groups were categorised into biological sections, and residential areas were allocated according to the segregation policies. Prohibition of Mixed Marriages Act of 1949 prohibited marriages between black and white races. Population Registration Act of 1950 provided for race classification. Immorality Act of 1927 was tightened by closing all other loopholes and making prosecution of offenders easier by accepting unsubstantiated evidence. Group Areas Bills were passed by Parliament in 1950, supported by the Separate Amenities Act, Act 49 of 1953. Attempt was made to prohibit interracial church services through Clause 29 (c) of Natives Laws Amendment Bill of 1957. Mission education was discouraged and undermined through Bantu Education Act, Act 47 of 1953. To put blacks at an economic disadvantage, Native Labour (Settlement of Disputes) Act, Act 48 of 1953 as amended in 1973 and 1976, prohibited formation of black trade unions. Promotion of Bantu Self-Government Act of 1959 provided that ethnic groups would be allocated some land on which to govern themselves; it was the birth of Bantustans. In 1957 "Die Stem van Suid-Afrika" was declared the only national anthem for the Union (Mzimela 1983; Davenport 1987; Lodge 1983; Government Gazettes).

One may call the next stage that started in about 1960 the age of social implementation. Laws formulated until 1960 were to be enforced and strictly administered. Loopholes that manifested during application and administration of laws were closed and the screws tightened even more. As protests increased in number and intensity, government outlawed the African National Congress (ANC) and the Pan Africanist Congress (PAC) in 1960 and declared the first state of emergency in the land. The South African Communists Party (SACP) already dissolved itself in 1950 when communism was declared public enemy number one. The state of emergency gave police draconian powers. Communists, a term that referred to those who were critical of apartheid, were hunted down. It became common to speak of South Africa as a police state. For example, in 1962, police could detain suspects for up to twelve days without charge. In 1965 suspects were detained for up to hundred-and-eighty days, and by 1976 such suspects could be detained indefinitely. Police were so called "political" police. They assisted the army in crushing demonstrators. In 1960, sixty-nine people were shot dead (many from behind), and thousands were injured in Sharpville. In June 1976 Soweto pupils marched in protest against Afrikaans as a medium of instruction and against the whole Bantu Education system. Police killed hundreds of students. Thousands were injured and many more were unaccounted for. Four successive states of emergency were declared until the beginning of 1990.

Territorial separation was implemented to deny blacks their South African citizenship. Transkei became the first homeland to obtain self-government status from Pretoria and others followed. Bantu Homeland Citizenship Act of 1970 sought to attach every black person to a specific homeland. Thus, when a particular homeland became "independent" from South Africa, all blacks identified with it would automatically lose their South African citizenship. A Coloured Persons' Representative Council was legislated in 1968 to take care of the so-called Coloureds' political needs. To ensure that interracial political organisations followed the policy of apartheid, the Prohibition of Political Interference Act of 1968 was passed, with the result that the Liberal Party soon dissolved. Affected Organisations Bill of 1974 declared certain organisations illegal and foreign funding was stopped. National Union of South African Students (NUSAS) and Christian Institute of South Africa (CI) were declared illegal. Many black consciousness-orientated organisations including the newspaper "World" were banned on 19 October 1977. More than 5980 people were detained between 16 June 1976 and 28 February 1977. Some, like Steve Biko, were not very lucky for he died in detention on 12 September 1977 as a result of police brutality. In spite of the crackdown on government critics, the 1980s were turbulent to such an extent that in July 1985 a state of emergency was declared in thirty-six magisterial districts of South Africa. It was partially lifted, only to be reimposed countrywide in June 1986 until early 1990 (Davenport 1983, Government Gazette).

3. Today

3.1 The Surrender of the National Party

When it became clear to the apartheid government that survival of whites depended on the freedom of blacks, President F W de Klerk announced in Parliament on 2 February 1990 that outlawed political organisations, e.g. African National Congress, Pan Africanist Congress and South African Communist Party would be unbanned. Of national and international consequence was that Nelson Mandela would unconditionally be a free person on 11 February 1990.

Once prisoners had been released and exiles had returned home, serious talks started between government and liberation movements leading to multiparty talks known as Convention for a Democratic South Africa (CODESA). With negotiations being conducted at a painfully snail's pace and at times breaking down and being restarted, an agreement was reached in principle to install a five -year Government of National Unity (GNU) in which all parties polling five percent and over in the general elections would proportionally be represented in government and cabinet. The establishment of the Transitional Executive Council would ensure and supervise arrangement for the first democratically conducted elections in the country, which took place in April 1994. Nelson Mandela was inaugurated as South Africa's first democratically elected head of State in May 1994.

3.2 Government Attempts at Redress

3.2.1 The Constitution
The inauguration of the Government of National Unity on 10 May 1994 was done in accordance with the provisions of the interim Constitution whose chief aim was to deracialise South Africa (Basson 1994).

(a) The Constitution of the Republic of South Africa, 1993 (Act 209 of 1993). With constitutional agreements reached among political parties and other stakeholders this Constitution served as an interim measure to hold together a government of national unity after the first democratic elections of April 1994. The preamble is unambiguous in its intention:
... a need to create a new order in which all South Africans will be entitled to a common South African citizenship in a sovereign and democratic constitutional state in which there is equality between men and women and people of all races so that all citizens shall be able to enjoy and exercise their fundamental rights and freedoms.

(b) The Constitution of the Republic of South Africa, 1996 (Act 108 of1996). Definitely a refined version of the interim Constitution, its chapter 1, "Founding Provisions," states in section 1: The Republic of South Africa is one, sovereign, democratic state founded on the following values: (i) human dignity, achievement of equality, and advancement of human rights and freedoms; (ii) non-racialism and non-sexism; (iii) supremacy of the constitution and rule of law; (iv) universal adult suffrage, a national common voters’ roll, regular elections and a multiparty system of democratic government, to ensure accountability, responsiveness and openness. In section 2 on the supremacy of the Constitution it is stated, “This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.”

(c) Bill of Rights. The Bill of Rights is so important for South Africa that it is already discussed in chapter 2 of the Constitution. It is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom (section 7(1)). These rights are subject only to limitations spelled out in section 36 of the Constitution. In this chapter all three generations of rights, namely civil, political and due process (first generation) social, economic and cultural (second generation); development, peace, social identity and clean environment (third generation) are enshrined (Sachs 1990, 7-8). To make sure that these rights are respected and protected, the Constitution makes provision in chapter 9 for State institutions such as the Public Protector, Human Rights Commission, Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, and Commission for Gender Equality to be established. Our Bill of Rights is now in line with the United Nations' Bill of Human Rights (1978).

(d) Parliament. Chapter 4 of the Constitution deals with Parliament. One of the most fundamental and radical changes is that the constitutional system, which was based upon the principle of parliamentary sovereignty, was replaced by the supremacy of the Constitution. When participating in legislative processes and debates, minority groups could still appeal beyond parliament to the Constitutional court for redress. Gone are the days when the racist majority party in parliament (the National party) imposed their will on all of us, and it was the matter of winner-takes-all.

(e) Courts and Administration of Justice. The judiciary is covered in chapter 8. Section 165(2) states that "the courts are independent and subjected only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice" while 165(3) states that "No person or organ of State may interfere with the functioning of the courts." Courts listed in section 166 are the Constitutional Court, Supreme Court of Appeal, High Courts of Appeal, High Courts, Magistrates Courts, and any other court established by an Act of Parliament.

This new dispensation marks a radical departure from the previous one, which rested upon the basic principle that the Constitution was not supreme but that a sovereign Parliament reigned supreme. The National Party misused their majority in Parliament to pass Acts or overrule court decisions by way of enacting legislation that interfered with their work.

3.2.2 Land Restitution and Reform Laws Amendment, 1997 (Act 63 of 1997)
The government took seriously the issue of black land dispossession by colonisers that the Act was enacted to “provide for restitution of rights in the land to persons or communities dispossessed of such right after 19 June 1913 as a result of past racially discriminatory laws of practices.” "Redress" could be approached in either two ways, namely the granting of an appropriate right in alternative state-owned land and the payment of compensation; and "restitution" would mean the restoration of right in land or equitable redress. To make implementation possible, the Act provides for establishment of a Commission on Restitution of Land Rights whose functions included investigating claims and mediating and settling disputes arising from such claims, and referring claims to the Claims Court and Land Claims Court whose chief functions were to determine a right to restitution of any right in land and approve compensation. About 40,000 applications out of an estimated 62,000 have been settled and the government hopes to settle all the applications by 2005.

3.2.3 Labour Relations Act 1995 1 (Act 66 of 1995)
Although slavery was abolished in South Africa in the early 1830s, blacks have been working under harsh conditions and earning slave wages. The promulgation of the Act was to correct and change the status quo. Farm workers, domestic servants and public sector workers, and several other subcategories of employees, are also protected under the Act. However, excluded by the Act are members of National Defence Force, National Intelligence Agency and South African Secret Services as well as certain categories that provide essential services. Key areas are the following:

(i) Registration confers legal personality upon the union or employers' organisation.
(ii) Fundamental labour rights are entrenched such as protection against more general acts discrimination on the basis of race, gender, creed or disability. Not only employees are protected but also applicants.
(iii) A statutory framework conductive to bargaining has been created.
(iv) Union members are organisationally entitled to have access to their premises and other facilities at the workplace, negotiation of leave benefits, representatives on management as well as access to information on the daily transaction at the work place.
(v) Subject to certain stipulations, industrial actions such as go-slow, picketing and total strikes are allowed but so is the lockout of employees by employers.

Three statutory bodies were set up to facilitate and ensure the implementation of the law: Commission for Conciliation, Mediation and Arbitration, Labour Court as well as their Labour Appeal Court. Strengthening the arm of this Act was the enactment of the Basic Conditions of Employment Act 1997 (Act 75 of 1997) which "give effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provision for the regulation of basic conditions of employment...". Of utmost importance is the outlawing of employment of children and forced labour. The Employment Conditions Commission has been established to conduct public hearings assisted by labour inspectors by monitoring the labour market and by forcing legally the observance of the terms of the law and its determinations.

3.2.4 Employment Equity Act 1998 (55 of 1998)
Central to the legislation is the issue of affirmative action outlined in chapter 3 of which its measures are as follows:

(1) Affirmative action measures are measures designed to ensure that suitably qualified people from designated groups have equal employment opportunities and are equitably represented in all occupational categories and levels in the workforce of designated employer.

(2) Affirmative action measures implemented by a designated employer must include -
(a) measure to identify and eliminate employment barriers, including unfair discrimination, which adversely affect people from designated groups;
(b) measure designed to further diversity in the workplace based on equal dignity and respect for all people;
(c) making reasonable accommodation for people from designated groups in order to ensure that they enjoy equal opportunities and are equitably represented in the workforce of a designated employer;
(d) subject to subsection (3), measures to -
(i) ensure equitable representation of suitably qualified people from designated groups in all occupational categories and levels in workforce; and
(ii) retain and develop people from designated groups and to implemented appropriate training measures, including measures in terms of an Act of Parliament providing for skills development.

(3) The measures referred to in subsection (2)(d) include preferential treatment and numerical goals, but exclude quotas. Again employers are enjoined by the Act to have an employment equity plan with clear targets and deadlines.

3.2.5 Broad-Based Black Economic Empowerment Act 2003 (53 of 2003)
Among other functions of this Act is "to establish a legislative framework for promotion of black economic empowerment; to empower the Minister to issue codes of good practice and to publish transformation charters...” Some black individuals who benefited from this Act stand out such as Cyril Ramaphosa, Tokyo Sexwale, Matthew Phosa and Patrice Motsepe. The only problem is that this programme has benefited very few people and women are even fewer.

3.2.6 Unemployment Insurance Amendment Act 2003 (32 of 2003)
Domestic and farm workers were not adequately covered by the Labour Relations Act in terms of basic wages and other benefits. This Act addresses these issues. Before this Act, together with the Skills Development Amendment Act, 2003 (no 31 of 2003), which encourages learnerships, employers of such categories of workers could hire and fire and pay their workers whatever they wished. Now these workers should get benefits like unemployment insurance and pensions.

3.2.7 Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995)
One of the most important pieces of legislation passed in parliament in building a new society was the enactment of this Act whose aim was to promote healing and reconciliation among perpetrators and victims of political violence committed between 1 March 1960 and 8 October 1990 . Successes and failures of this exercise are contained in the Commission's interim report of 1998 and the final report of 2003. But the overall objectives have been realised. People such as Gideon Nieuwoudt who were refused amnesty are being prosecuted for their apartheid era crimes and atrocities.

3.2.8 Election Promises
When Nelson Mandela appealed to South Africa to vote for the ANC during the 1994 general elections, he promised them a South Africa in which people would live in peace and with equal opportunities in a document entitled "A Better life for All". A policy document known as "Reconstruction and Development Programme" (RDP 1994) outlined means and ways by which the ANC would, together with its alliance partners, realise its vision. To demonstrate that ANC was serious about poverty alleviation, empowerment and indeed transformation of society when it formed government, a cabinet minister without portfolio was appointed to facilitate and administer the programme. Unfortunately this ministry was later abolished.

These pieces of legislation including the country's Constitution indicate to us that the State through the ANC dominated government of national unity was seriously concerned about inequalities and injustices of the past. Labour that comprises the majority of blacks has relatively been empowered whilst at the same time the fears of big business have been sufficiently allayed. The ANC promised to create 500,000 jobs and build a million houses during its term in office. Unfortunately the government inherited an apartheid debt of about US$250 billion. In fact, the poverty crisis has deepened.

The ANC's goals in their second term in power have not been reached mainly because it has reneged on two crucial fundamental policies namely, nationalisation and market protectionism.

3.2.9 Nationalisation
It has been the policy of ANC and its alliance partners to nationalise State assets and property and thereby regulate the distribution of wealth among the people. The Freedom Charter says in Nolan (188, 222): “The national wealth of our country, the heritage of all South Africans, shall be restored to the people; the mineral wealth beneath the soil, the banks and monopoly industry shall be transferred to the ownership of the people....”

Nelson Mandela reiterated this policy in his first speech after his release from prison on 11 February 1990 at the Bishops' court, Cape Town. In his preface to the RDP document (1994), Mandela says, "In preparing the document, and taking it forward, we are building on tradition of the Freedom Charter."

During his 1996 travels abroad especially in Europe and the USA, Mandela announced a policy change that dismayed and shocked the ANC alliance partners, notably the Congress of the South African Trade Unions (COSATU) and the SACP, namely, that the ANC led government would abandon nationalisation and embrace privatisation. Key State assets such as railways, airways and telecommunications and parastatals such as Eskom, Iscor, Sasol and Telkom would be privatised. Once privatised, these corporations adopted policies like rationalisation, right sizing and downsizing which actually are euphemisms for retrechment. No wonder that 1994 to 1998 saw job losses of up to 500,000. Five million out of an estimated forty million South Africans are unemployed and a lot more are underemployed.

3.2.10 Market Protectionism
Directly linked to privatisation is the concept of globalization. The ANC promised South Africans protection against unfair trading and commercial competition from outside. The Freedom Charter Nolan (1988, 22) says, "All people shall have equal rights to trade where they choose, to manufacture and to enter all trades, crafts and profession."

But how will this dream be realised if South Africa in its democratic infancy is already opened to world markets? George Soros caused economic sorrows in 1992 when he bashed the bank of England and caused the Chancellor of the Exchequer to lose his job (Blow 1998, 2). We witnessed towards the end of 1997 the fall of so-called Asian tigers such as Malaysia and Thailand, the Asian economic giants regarded as success stories by IMF and the West. South Africa seems to have bought into this "success story" myth. Virtually anybody from anywhere can buy property in South Africa. As airways such as Fly Star and Sun Air went in liquidation, outside companies moved in to buy them. An instrument being used to apply both privatisation and globalization was the macro-economic strategy known as "Growth, Employment and Redistribution" (GEAR) adopted by the government in June 1996. Bullard (1998, 19) writes, "SA went to market and cried all the way home", and Vally (1999, 15) unambiguously says, "SA's Gear to national suicide" for we live in the shadow of Gear which, far from transforming society, widens the rich-poor gap.

In his address to the nation when opening Parliament on February 6, 2004 Mr Mbeki did admit that poverty had deepened and millions were unemployed, but promised that conditions would improve. Minister of Finance Trevor Manuel, when delivering his 2004/5 budget speech on 18 February, spoke of the successes and failures of the past ten years and challenges that faced government in the future . He indicated for example, that the government has been able to reduce the 1992/3 deficit of 9% to 3.1% and that the apartheid debt had been reduced quite considerably. However, according to critics from civil society and non-governmental organisations including churches, social deficit has increased to unacceptable level and they challenged the government , in the next ten years , to concentrate on social and welfare provision .

3.2.11 Nonetheless
In spite of the problems indicated above, there are many reasons to celebrate our ten years of democracy, especially if the government is prepared to learn from the constructive criticisms and critique given so far.

(i) South Africa is a democracy at last and we must protect and nurture it by respecting the Constitution.
(ii) South Africa belongs to all who live in it. Land Restitution and Reform Laws Act has succeeded in restoring land to some of its original owners who lost it from 1913, or given compensation to victims of uprooting. (But the government should stretch this 1913 limitation back to 1952.)
(iii) Labour Relations Act and other Acts have strengthened the workers' power base, and increased their ownership of labour; the exploitation of farm workers and domestic workers is no longer tolerated.
(iv) Employment Equity Act has addressed the question of groups who have been historically marginalised in the workplace such as blacks and women by legislating for affirmative action measures. Giant black and women empowerment corporations and projects have been established.
(v) South Africa must pressure the international community to write off the apartheid debt. It is not only a theological imperative to do so but also a moral imperative. Apartheid debt is blood money.

4. A Theological Reflection

Israel had a form of government called theocracy which could loosely be defined as the rule by God. In God resided political and religious powers. God ruled Israel by appointing judges over them such as Samuel. Moses and Joshua led the people out of Egypt and upon settling in Palestine such leaders were appointed by God to do certain tasks after which they would disappear from the scene as the Book of Judges show.

As the Israelites started to settle in their promised homeland, they were not only attracted to the religion and culture of the surrounding tribes but also to their political system, namely the monarchical form of government. In Samuel we find two traditions, one in favour and another against the institution of the monarchy. Two reasons why they needed a king are that Samuel's sons were corrupt and inefficient and they wanted to be like other nations. Thus, Saul was anointed Israel's first king (1 Sam. 9), followed by David and Solomon. Even then, Israel's kings were supposed to be accountable to God for their responsibility for the nation.

A category of Psalms known as royal psalms regard kings as sons of God. When the kings used power for self-aggrandizement rather than to serve God's people, they would be punished and harshly judged.

Jesus of Nazareth came to explain for us the real nature of power: that power, political or otherwise, exercised collectively or individually is service. He used his authority and influence to bring the message across and most importantly he led by example. According to an ancient hymn recorded in Philippians 2:4-11, Jesus, though divine, did not wish to be served .When the sons of Zebedee came to him to book for positions of power when Jesus would inaugurate his rulership, he answered that such positions entailed humility and service as the most powerful people would become the lowliest of all (Mark10:35-4 Luke22:24-27). During his Last Supper Jesus washed the feet of his disciples, a task that was customarily done by servants or slaves in a household.

As we know, the leaders of the early church had squabbles and quarrels among themselves and even Paul's status as an apostle was challenged. Congregations were divided; some claimed allegiance to Paul, others to Apollos, and still others to Cephas. But in general, early Christians seemed to have allowed themselves to be led by the Holy Spirit. Leaders seemed to have been elected by some kind of a democratic process rather than by manipulation or force. For example, the election of Stephen's committee was democratic, to use today’s language (Acts 6:1-6). Even the leadership of the Church of Jerusalem seemed to have rotated, one time with Peter as head and another time James, the brother of Jesus. Money raised for the church did not only pay for stipends of some church workers, but the work of diakonia got a lion’s share of the budget. Church leaders and other officials served God in their respective capacities.

5. And Tomorrow?

It is ironic that the apartheid regime that claimed to be Christian abused its power to privilege the white minority at the expense of the black majority but a democratic regime which is a self-confessed secular State was and is more inclusive of all South Africans, black and white, in its exercise of power. The Freedom Charter declares that South Africa belongs to all who live in it, black and white. Two opposite paradigms are noticeable in South Africa’s socio-political history. One is that which uses power as force, and the other is that which uses power as a tool for service and delivery to all South Africans irrespective of race, creed or sex. Our hope and prayer is that South Africa will become a model democracy steeped in promoting and protecting human rights. If what we see unfolding before us is anything to go by, we should look forward to a tomorrow that is full of optimism and hope.

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NOTES:

1 Prof. Ramathate Tseka Hosea Dolamo teaches theological ethics at the University of South Africa in Pretoria and is secretary general of the Ecumenical Association of Third World Theologians