RONALD LAMOLA | The times they are a-changing

Diversion and what-aboutism seem be instinctive, knee-jerk reflexes that are becoming almost pervasive in our contemporary political discourse. Too often in our politics, the answer to the question: “Why did you do this wrong thing”, is not always the naturally expected: “I didn’t do it” or “I did it because ...” but almost invariably: “Have you asked XYZ why they did what they did? or are you only questioning me to further your agenda against me?” This, of course is a classic case of a race to the bottom that occurs far too often, and across the political aisle in our country.

Frankly, South Africans have had enough of this race-to-the-bottom brand of politics that serves no progressive or developmental purpose, but merely to obfuscate the issues of the day and amplify, at-times, engineered polarisation, for self-serving purposes.

Fortunately, at the insistence of the people of this country, the times are changing, and the age of accountability has dawned, with evidence thereof abound for those with eyes to see, and with ears to hear.

So, let’s have the frank conversation.

For starters, the unassailable truth is that the effects of state capture on our governance and political systems are, in 2022, not a “tired excuse” or a “dead horse being flogged” as some would have us believe. Suggestions to this effect are made to lay ground for the disingenuous argument that leaders of the current administration are seeking to evade accountability for their own shortcomings and failures. Of course, nothing could be further from the truth. The simple fact is that it is possible to hold us to account for our own track-record, while acknowledging the objective reality that undoing the pervasive effects of state capture is no a walk in the park.

For those of us with our sleeves rolled up and mired knee-deep in the grimy and grubby fight to dismantle state capture, it has at times felt like a relentless horror show. With every unfolding act and scene, we have come to appreciate in granular detail, its near-demolition of entities like Eskom, Transnet, Prasa, Denel and many other critical state-owned enterprises and institutions, to a point where they are beyond recognition.

And the timing of those who engaged in, facilitated and enabled this treasonous onslaught on our state, couldn’t have been worse.

The second decade of our country’s freedom was meant to be a season to declare a developmental dividend from the investment South Africans made in the democratic transition.

Instead, today it would be dishonest of me to say I am oblivious to the fact that our country is not the one the freedom charter envisioned in 1955, and the one we set about building in 1994. This vision has been deferred not primarily by external, but internal forces. By this I mean our comrades who had solemnly sworn to “abide by the aims and objectives of the African National Congress as set out in the Constitution, the Freedom Charter and other duly adopted policy positions, that I am joining the organisation voluntarily and without motives of material advantage or personal gain, that I agree to respect the Constitution and the structures and to work as a loyal member of the organisation, that I will place my energies and skills at the disposal of the organisation and carry out tasks given to me, that I will work towards making the ANC an even more effective instrument of liberation in the hands of the people ...”

Many a time personnel, leaders and cadres entrusted with the task of governance find themselves in the dock, not for making the ANC an effective instrument of the liberation in the hands of the people, but for motives and deeds that have resulted in material personal gain. 

It’s this lamentable state of affairs that has seen the people’s movement indicted in recent years, in some of the harshest terms the court of public opinion has to offer. It’s this malaise that prompted the authors of the 2017 academic research report on state capture, entitled “Betrayal of the promise”, to conclude: “This report suggests SA has experienced a silent coup that has removed the ANC from its place as the primary force for transformation in society.” And it’s this moral-drift that impelled chief justice Raymond Zondo to conclude; “The ANC and the ANC government should be ashamed that this happened under their watch. The question that the people of SA are entitled to ask is: where was the ANC as the Guptas took control of important SOEs such as Transnet, Eskom and Denel? Where were they? What were they doing”.

To not engage honestly with these and other prevalent sentiments about our movement and its role in governance, would be to engage in the sort of race-to-the-bottom politics I described earlier, which as I said no longer washes with South Africans.

It would also amount to failure to heed president Oliver Tambo’s wise and timeless admonition: “Let’s tell the truth to ourselves, even if the truth coincides with what the enemy is saying. Let’s tell the truth.”

These perceptions are held by society, of the ANC, the movement of the people. Their spear with which they were to fight for a thorough transformation of our society, the shield with which they were to defend their revolutionary, democratic gains and the wheel that was meant to propel them forward to a free, democratic, nonracial, non-sexist society. 

When this great nation of ours was on the cusp of being sold to the highest bidder, some of us stood up and demanded accountability. And I personally will continue to do so.

To be silent now, would be a betrayal of the people and their movement. How can we be silent when as we speak Johannesburg must contend with water-cuts and load-shedding? The neglect and failure to develop the requisite infrastructure and systems occurred on our watch while some among us were busy with self-enrichment and treacherous activities. The first people who need hang their heads in shame therefore, are our own comrades. Let us tell the truth to ourselves, comrades, even if the truth coincides with what the enemy is saying.

The age of aversion of issues, diversion, obfuscation and what-aboutism is over. The times, they are changing. The age of accountability is at hand.

That’s precisely why we cannot afford to cower or relent. We need to rebuild and catch up to where we ought to be as per our lodestar, the freedom charter.

Bearing true to that lodestar means that we have to be purposeful in birthing the age of accountability.

This will need all hands on deck. This is why, despite the myriad challenges we face, I can say proudly, and with a great sense of conviction that in our sphere of influence, we have begun to manifest the reality that times are changing. For example, our country’s National Prosecuting Authority, once itself the target of capture and decapitation, is no longer an institution to be scoffed at. And South Africans are beginning to see the changing tide.

As radio personality and a renowned crime reporter Mandy Weiner says “it is simply not enough to just lament the failings and feel the despair and ‘Cry, the Beloved Country’. We have to build on the hope.”

In her latest article, Hope and Despair of living in South Africa, Weiner invokes the great Alan Paton and rightly applauds that reforms we have initiated in the NPAa are beginning to take shape. 

She is correct.

There is ample evidence in the public sphere that demonstrates our reforms are making our criminal justice system an effective one. The rule of law is the cornerstone of resetting our country so that we may realign with the vision and implementation of a society envisioned by the Freedom Charter.

In the last financial year, we have set aside R1.1bn in the way of financial resources. 

We have intend to evolve the current Investigative Directorate, which has demonstrated its effectiveness thus far, into a permanent multidisciplinary agency.

All the senior vacancies in the NPA have been filled, our next phase is to intensify the skill set of our prosecutors and police officers. Here we envision attracting data analysts, forensic analysts, and cybercrime experts.

To tackle transnational crimes, we have taken proactive steps to revamp our policies and legislative regime on international co-operation and mutual legal assistance matters. An extradition bill is due to be promoted to parliament in this regard. Several high-profile extradition cases are progressing well in various jurisdictions about the world.

Progress in the capacity of the NPA to date is demonstrated by several seminal cases are before the courts for prosecution. These seminal cases feature prominent South Africans, multinational companies, and recent white collar crime matters.

In that same vein our law enforcement agencies have demonstrated the capacity to tackle illicit crimes, money-laundering, immigration law and Precious Metals Act contraventions.

I would urge fellow South Africans to sit up and notice; the times are changing. In the words of the Nobel laureate Bob Dylan:

The line it is drawn

The curse it is cast

The slow one now

Will later be fast

As the present now

Will later be past

The order is rapidly fadin’

And the first one now

Will later be last

For the times they are a-changin’

Lamola is SA’s minister of justice and correctional services.