This much I know is not good . . .

I am not sure what the judges who heard the Chinese application for an order declaring them (the Chinese) black for purposes of employment equity and other affirmative legislation including BEE legislation, had to consider. Having said that, I cannot wait until I can get a copy of the judgment (which under the circumstances must be “reportable”) so that I can at least know what I don’t know now; notwithstanding that I nonetheless write about it. So, until then all I can say is that it is not good.

Consider this; white folk arrive here some centuries ago and make the rules. The result of the rules is such that those designated black sit on the outermost of the concentric circles while those designated white get to sit in the plum of the circles, the proverbial inner circle. Those were the rules and everyone played nicely along and those who did not were dealt with. Back in the days when the rules were crafted, the designations were fairly clear and categoric; at least where the outer and the inner circles were concerned. The devil was always in the detail of the circles in between. No wonder they had to come up with the tri-cameral system. I remember reading the newspaper report (I think it was in the then Weekly Mail) and laughing hysterically at the pictorial representation of this ingenious constitutional dispensation. It was a horse-cart with three horses hitched to it. One horse on each of the 3 sides of the four-sided cart. The cart was clearly going nowhere but there it was and most people carried on to play nicely while there was an increase in the number of those who did not play along.

I apologise, I digress this is meant to be about concentric circles. Apparently somewhere in the middle circles, among the so-called coloured people and the Indians, were the Chinese people. It is the Chinese people’s contention that they were discriminated against at least to the same extent as were the so-called coloured people. They were not given opportunities to progress and so on and so forth. As I have already said I am yet to read the judgement so I am not sure what else they may have said that persuaded the court to rule in their favour. I am also wondering if their application was opposed. You see, if their application was not opposed then the court would have had to take their version of the facts as being true and uncontroverted and for that reason find in their favour. I will of course get back to you dear reader on this issue.

I remember that in the small town in which I grew up there was a doctor Chin or Achin, I am not sure which one is it. I remember him because he reminded me of Bruce Lee (yes, he of martial arts fame). I think I only ever saw him once; coming out of the house in front of my grandmother’s (what would be referred to as “front-opposite” in the township). He had his medical case and he got into his funny orange VW Beetle and drove off. I also knew where the doctor’s surgery or rooms where – they were on the town side (as opposed to the township or location side) of the small town. Back then the distinction was easily drawn – there was a gate! Not the kind you could close but there was this threshold-like structure which incidentally was the only way into and out of the location/township. On the one side of this structure was the town (where white folk lived) and on the other side was the location/township, where black folk lived. In fact in the case of my town, whites where to the east and blacks to the west. Further west but on different locations were the so-called coloured folk and Indian folk residential areas. Dr Chin lived and worked to the north of the gate.

I have not heard of any Chinese folk living anywhere but in the white areas of SA. I do not know whether they were prevented from studying at the finest of South African universities. They claim is that they were and the court granted it. This much I know is not good. Then of course there was the Chinese fella who ran the numbers, aka fafi. The least said about that the better. I have an aunt who will be very disappointed in me if I were to continue.

Did the Chinese folk have it easy in SA? Definitely not, they were not part of the volk so they could not have had it easy. Were they subjected to influx control and other social control nonsense? Probably; but Dr Chin lived and worked in a white area. I wonder where he studied. I also recall that his patients were mainly black people from the location; as were the patients of the Indian doctors. Their respective rooms were as close to the locations as possible without being inside the locations. Granted, Dr Chin’s rooms were closer. Not having read the judgement, based solely on the Chinese folk I have come to know and to know of, this much I know is not good. The beauty of being black for the Chinese folk is that they do not have to do the BEE thing so there will be no black participation in Chinatown.

I am off to go find that judgement now so that I can at least write intelligibly about this weighty matter of the rainbow coloured nation we supposedly are. Until then, hoshii, kuze kuse.

Le fruit pour la petit . . .

These words were scribbled on a piece of paper which was pinned to a plastic carry bag which in turn was hung on the burgler gate at the entrance to my flat. The bag contained a variety of fruit, for my daughter who was then 6 years old and in grade zero at the Yeoville Community School, a lovely school by all accounts. My daughter is now much older and Yeoville and South Africa are a different place.

The fruit was left at my door, for my little girl by my neighbour Kofi. I will not for as long as I live forget that act of kindness and generosity. Granted, my daughter was then a charming little thing, from the indian guy who ran a small eatery at Time Square, to Bafana Khumalo (a regular then at Time Square) and of course Kofi, they all loved her, they all thought she was cute and all those things 6 year olds are.

Kofi and I were neighbours. We lived in a run down block of flats on Hunter Street; I a young man trying to make a career as lawyer, he a foreigner from Togo trying to make a living in South Africa, a foreign but promising land. When I got to know Kofi I learned that he is a builder by trade, I also learned that he had journeyed for 6 months to get to South Africa. I also got to know his compatriots who either stayed with him in his tiny flat or came for meals - his flat was always full of people and merriment and animated conversations - all in french. I learned a little french from Kofi and his compatriots (granted it was only the greetings and some limited conversation - I have forgotten most of it) they learned some of the local languages from me, they were better students.

Kofi made a living selling fruit and vegetables. By the time we met and got to know each other his stall near where the market is now standing on Rocky Street, was humble but trading and providing him with enough to pay the rent for his flat. Kofi did not have a car. He got up super early every morning and went to the fresh produce market in City Deep on the southern outskirts of Johannesburg, where he bought his stock for the day. He then had to pay someone to transport the stock to his stall on the corner of Rocky and Bezuidenhout. Initially, when he started the business, he told me that he would carry the box of fresh produce on his head and walk back to Yeoville all the way up what is now Joe Slovo Drive. I admired Kofi for this amazing commitment to his own survival and well-being. If only the marauding gangs of thugs could have the same admiration and hopefully mimic what they admirer. Unemployed and marginalised, they blame Kofi.

One of Kofi's compatriots was a school teacher by profession back home. He earned his living by giving private French lessons and I believe he also worked for Alliance Francaise. I do not remember the names of the other guys and what they did for a living. What I do remember is how they were a self-sufficient unit, how they looked out for each other. They looked out for my daughter and I too. This, the marauding gangs of bandits resent.

I wish these guys well, wherever they may be. I wonder whether ever moved out of that run down building, whether like me they moved out of Yeoville to a better part of Johannesburg or maybe moved out of Johannesburg completely. I hope that they have not been attacked by my compatriots or worse still, killed.

Whenever the word foreigner is mentioned, I think of Kofi and his compatriots and the experiences we shared that many years ago.

As I remember and celebrate the human being Kofi is, I am well aware that there are some of my compatriots who resent such resilience and hard work. I am aware of the extent of the resentment, the blood of the foreign brothers and sisters and their children is testimony to that resentment.

Kofi, I hope this note finds you and your compatriots living in South Africa in good health.

Xenophobia? I think not!

There seems to be a general consensus (if the SA media is anything to go by) that what is happening in Alexandra township and what has happened in several other townships around South Africa, is Xenophobia. Xenophobia is apparently the dislike of foreigners. It is this dislike apparently that is the cause of the attack on all manner of ilks of people as is currently going on in Alexandra.

I'm always amazed by how there always seem to be a rush to give a name to all manner of things - events, groups of people, behaviour patterns, etc. What is more amazing is that once a name is given it almost seems that the issue is dealt with or is now easy to deal with because we have given it a name. What this naming frenzy also does is to limit the scope of analysis of what are the facts surrounding whatever issue it may be. The name in question where Alexandra is concerned is Xenophobia. So it should follow (based on the above definition I gave to the word) that once the dislike of foreigner is replaced with the liking of foreigners, that will be the end of the issue - bam!

The facts seem to suggest to me a different scenario altogether. It seems to me that the attacks on the people (I'm not certain whether all victims of the attack are foreigners) is not because they are foreigners. This is at least what some of the residents of Alexandra (some of whom are perpetrators of the attacks or supporters of the attacks at the least) interviewed on television news reports say. The victims are apparently attacked because they are, according to their assailants, involved in all manner of crimes which in turn have made Alexandra an unsafe place to live. Presumably, if the victims were your garden variety law-abiding residents of Alexandra, there would have been no cause to attack them, be they foreigners or not.

It has also been suggested that the victims have and continue to take work away from the locals. This is a difficult one to deal with but similarly all unemployed, law-abiding residents of Alexandra would have been spared the humiliation and pain, be they foreigners or not.

It is in this context I presume that the response of the Minister of Safety and Security was, among others that we should seek to educate our fellow citizens about love and peace among African brothers and sisters. I cannot help but be upset at this but then again, I am not in the minister's shoes which all things considered must be pinching - somewhat. What with the dissolution of the scorpions and so on. Having said that, no amount of education and cajoling is going to make any difference where the marauding gangs of Alexandra are concerned. Let us have a national pause and rewind a little here. Our townships have a history of attacking, maiming and killing those that we do not agree with. We do not even have to hear what they are saying for us to disagree with them, we just have to give them a name and voila! they are fit to be persecuted. The victims have had different names over the years, there were the sell-outs, mazimzim, udf, anc, azapo, inkatha, hostel residents, township residents, etc.

As for the "foreigners are bringin crime to Alexandra", well were it not for the tragedy of the present circumstances I would laugh. From the days of young Trevor Huddleston and even younger Hugh Masikela, this township (affectionately referred to as such) has had crime as an issue to be dealt with. The recent history of Alexander is one so much associated with crime that there can be no basis to suggest that crime in whatever form in Alexandra can be as a result of the influx into Alexandra of people who were not born in South Africa. South Africans of all hues have been happily buying stolen cars, radios, tv's and all manner of things in Alexandra for a long time. In any event honest folks report criminals to the police and report crime to the investigating agencies, they do not turn into criminals in the supposed fight against crime! What is more sad is that in all probability nothing will happen to the perpetrators.

There are of course foreigners who owing to the rather poor law-enforcement track record of the SA police, have made this country their comfortable criminal home. There is of course a lot we can do about crime and criminals. By the way, sending a million men to Pretoria is simply not one of them, and I say this with respect. The attack on the victims in Alexandra is a function of hatred of self. The individuals who carried out and who continue to carry out these attacks in my view fail to take personal responsibility for where they find themselves. They now seek to place blame for their lot in life at the door of the weak and the marginalised. Insofar as there are employers out there who are engaging in unlawful employment practices, honest folks will report them to the labour department and hold the department to account. How else is the rhetoric that foreigners "steal our jobs" sustained?

We are all paying dearly for a believe (made porpular in the 80s) that you could with impunity kill those you do not agree with or those who belong to a political organisation you deem illegitimate. If there is any education to be spoken of dear Minister, it is for the leadership to speak openly about that part of our painful history and how it can be reversed.

Xenophobia? methinks 'tis bad-old garden variety self-hating criminals! Now how about speedy, public and effective prosecution? By the way, does anyone know if any similar crimes have been perpetrated on white foreigners - Lolly Jackson doesn't count, besides I beilieve he is being prosecuted. Go figure.

I guess it is tough being black and foreign.

This or that Justice?

There is a Bill before parliament which if passed into law will empower the traditional leaders (kings, chiefs, headmen) to hear legal disputes and to pass judgement. The traditional leaders will apparently hear both criminal and civil cases acting as magistrates.

Traditional leaders have for a long time served as arbiters of disputes between members of their tribes or clans. Traditional leaders continue to play this role today. This system of justice, as far as I can tell is largely voluntary - to a point. For those South Africans who live in the rural areas of our country and on so-called tribal land, the system is compulsory. As members of the community concerned, this is at times the only form of justice they know.

Should we not be moving in the direction that will see us include all South Africans under one systems of justice that takes into account all factors of South African life? Arguments are made to the effect that the bill seeks to roll out justice to the South African citizens who do not have ready access to justice. Do these arguments hold? I say bollocks.

The work done by traditional leaders and other community leaders in resolving disputes is an important one; it is one that should not be confused with the work done by judicial officers. Furthermore, the importance of the work of the traditional and community leaders does not need the cloak of officialdom in order to be credible.

This is a country with a history of fragmentation and divisions. It is ill-advised for us to introduce separate but equal justice systems that will apply different laws and rules. Communities however constituted, must and will continue to settle disputes and engender peace.

The law and justice system is and should remain the one thing all South Africans can always turn to in times of need. The integrity of the legal and justice system is the one thing we should never mess or tamper with. In the absence of a justice system we all have confidence in, how else will we settle disputes? From a woman who wishes to wear what she wants, to a family that wishes to save a patch of land for survival, we should all be guaranteed access to justice.

What value will fragmenting the South African justice system bring?

If only the Human Rights Commission worked . . .

The habit of reading South African Sunday papers is not without its risks to one's health and sanity. One's blood pressure is invariably likely to rise to unhealthy proportions as a result of the bulk of the stories and opinions contained in these papers. Still, I am largely a spectator to the events that are reported on. The events that affect real people causing real pain and real pleasure, depending on which side of the fence one sits.

Take the story of a woman who was (I believe she remains) suspended without pay by her employer because she is too fat. I do not know what being too fat is. We could go on about the "body mass index" and such other wonderful health indicators - to this woman I suspect all that will be just words. The employer does not (at least is not quoted to) state that this woman's weight interferes with her duties or renders her unable to perform her job. According to the newspaper report, when she joined this company, she was only marginally lighter than she was at the time that she was told go home to lose weight and to forfeit her salary while she is at it.

This is not new where this employer is concerned. Some time ago, it took a Cape Town based lawyer to come to the rescue of its workers. The company is based some 1400 kilometres away from Cape Town in the now North-West province. At that time, the workers apparently had their digits falling off because the company would not provide adequate protection to them while working under below freezing conditions. It took a court of law to make the company behave humanely towards its employees, the very people who make it possible for the company to do business.

I applaud the newspaper for reporting on this story. This is a cry for help and hopefully as you read this post, you may be moved to help this woman and others in her shoes; our country is full of them. This all happens while the Human Rights Commission (HRC) stands by and does nothing. Of course the HRC will claim (truthfully) that it did not know about this traversty and if it did get to find out (those who work at the HRC do read the papers) it may correctly say that the matter is not properly before it. Would the editor of news at radio 702 put the plight of this woman before the HRC? It will be quick.

These are the problems the HRC should have at least sought to address by now. It is no rocket science. The people who need the services of the HRC do not and cannot under the current structure of the HRC, have access to it. Take the case of desecrated graves of a community somewhere near Gauteng, the families that live in make-shift PVC hovels alongside farms they ones worked; and many others. While at it, consider the case of the editor of news at radio 702 and some non-organisation having a non-meeting (for more on this, see Moremogolo's post somewhere on this blog). Contrary to prior belief, the HRC and all other chapter 9 institutions can only be effective if they become activist; if they go out there closer to the people who need it the most.

The conduct of employers like the one in this post creates and feeds resentment. We should be well advised not to take resentment lightly. Remember Rwanda, Burundi, Kenya, Zimbabwe and watch the realities cascade south-wards. This is not scare-mongering, there is enough of that going on already and I do not need to add to it. The point is that we all need some place, someone, some organisation, something that can take up the fight on our behalf when our very humanity is trampled on and we are treated worse than beasts of burden. We all need some justice against treatment as inhuman as that meted out to the poor woman. The alternative is of course helplessness and resentment.

In the meantime, the company continues to trade and prosper; the HRC continues to fail those that needs it the most. Thirst (an old friend) tells me that it is time that we go back to being activists again. Time that we believe in our liberation and our future - I think she is right.

Honesty is the best spin . . .

When did it become standard operating procedure to spin? I suspect that this came about with the advent of the "communications" professionals. The advice is these professionals give is that how one says something is important, sometimes more important than what one is saying. It seems to me that the "spokepersons" of the various government departments, companies and other organisations are measured on their inability/refusal to answer questions. It seems to me that the bonus is inversely propotional to the number of questions you do answer.

Take the matter of shit in the ocean, somewhere along the Durban's coast. The question was simply whether or not there was shit in the water. I still do not know the answer to this seemingly simple question but I am somewhat of an expert on how a beach is designated blue and how it may lose its blue status, something I was quite frankly not interested in. The reporter did not cover himself in glory either. There is the obsession to show that things don't work because they don't work. No effort to tell the whole story and let us get to grips with what is really happening - just scare-mongering about shit in the ocean. The authorities on the other hand were in denial - he just wanted his blue flags back despite the shit. Every sane South African knew about the floods that devastated some parts of the Durban coast. They also know about the squalor that some of our people live in along that very coast. Now put the two together and the fact that all rivers eventually end up in the sea and you will agree that the city manager should have answered yes to the question and then gave himself the opportunity to explain the shit. The journalist fuelled the denial, it made for a great story - "government in denial again". What really got to me was something about it being recognised that this is Africa and consequently the measure of what is a blue flag beach must be adjusted (down presumably). All I want is to go to the beach, swim a little with no fear of icoli. I am sure the tourists would appreciate that too, with or without the blue flags.

Tell the people about the shortage of city engineers if that is the truth, the private sector may offer some of their engineers to help because no-one I know wants shit in the water they swim in, fish in or that they drink. This issue came up during the run up to the famous Duzi canoe marathon; even back then all I saw in the papers did not make the issue any clearer; spin took over. Maintenance scheduling is clearly a problem. It could be as a result of budget constraints, skills shortage or simply disinterest by those that have to get the work done. The local authority will look good if they are good people. Good people do not disrespect the citizens by lying to them and putting spin on what is clearly shit. Good leadership comes clean with the people and where necessary ask for help.

This penchant for spin has unfortunately become part of the South African socio, economic and political landscape. Now for a young nation such as ours mistakes are inevitable. These mistakes, thanks to spin, remain unfixed for a long time with the result that they become unfixable. Our people do not expect the leadership to be perfect but they definitely expect them to be honest.

Zimbabweans went to the polls some weeks ago. As at the time of writing this post, they still did not have the results of the presidential elections. The opposition tried to get the courts to force the electoral commission to publish the results, the court refused apparently on two occassions. I have not had an opportunity to read the judgement of the court on the issue and can therefore not comment. I assume that the court applied the law as it exists in Zimbabwe. My knowledge of the courts in Zimbabwe is one of courage where various judgements have gone against the government. On this basis and this basis alone I assume that the inaction of the electoral commission and their failure to publish the results is not unlawful. I do know however that the continuing delay is not good for the people of Zimbabwe. The people know that the composition of parliament has changed dramatically from the last elections. There is also a chance that the incumbent president may have lost the elections. Add that to the known difficulties that the people of Zimbabwe have endured, it is reasonable to conclude that the uncertainty in that country has reached crisis proportions. To intimate that there is no crisis in Zimbabwe sounds to close to saying that all is well in Zimbabwe; and that is insulting and dishonest.

Our president should simply tell the world that he has tried to convince president Mugabe to relinquish power, for the sake of the people of Zimbabwe and that president Mugabe refuses. If our president told the world that he is fresh out of ideas on this issue he will gain respectability and not the ridicule he has had to endure thanks to him being "right" about there being no crisis in Zimbabwe. It is not surprising that our president is behaving like this, his is a history of diplomacy and behind the scenes negotiating - there is no huge demand for honesty there, it's all about presentation of facts and submissions.

Personal experience of honesty has been rewarding in my life. On no less than 3 occassions I or Stha indadvertently hit a stationary car in one or other shopping mall parking lot. On each occassion we left an appology for damaging their car and our contact details for the people to get in touch with us to discuss how the damages can be fixed. On each of these occassions the people we had wronged got in touch with us to thank us for the honesty and went ahead to have their cars fixed without demand of payment on us. People appreciate honesty.

Of Chihuahua’s, posturing and non consequence: By Moremogolo

The Forum for Black Journalists is creating quite a storm in a tea cup. For the first time we see the Human Rights Commission threatening legal action against a public or private institution. I’ve never heard the HRC threatening to take government to court for failing to implement its hundreds of recommendations on the protection and enforcement of socio-economic rights of the poor and the vulnerable in society. The many hearings and the recommendations that the HRC have held are gathering dust in some attic without any threat of enforcement. I agree, for once, with Xolela Mangcu when he says that the exchange between the HRC and FBJ is a side show that has nothing to do with reality. The HRC should show its teeth first taking government to court on failure to implement its many recommendations. They should stop threatening a body that is of no consequence.

There may be an argument for the need of an FBJ but the way they went about it was just laughable and plainly stupid. By holding an off the record briefing with ANC president Jacob Zuma, he who have been a “victim” of such an exercise, was a wrong premise to move from. I bet you they learnt nothing new from this briefing. Now they want to compare themselves to the Black Lawyers Association, Black Management Forum and the like. They should go back to the drawing board and learn from these organisations and conceptualize the need for the existence of their organisation better.

The majority of the editors within the media are Black and they were part of a similar but defunct forum. They have been cold to the need of such a body, why? Are these Black editors lackeys and are they not addressing the conditions of Black journalists in their organisations? What has changed/not changed with their assumption of editorialship in these media establishments? Has there been no real transformation with the assumption of duty of these editors? What areas of concern does the FBJ want to address? These are some of the questions that the FBJ should have addressed and convinced the public that they have considered and as a result have seen the need for such a body. Hell, Abbey Makoe is an editor within the SABC, is he just a stooge.

There is a lot that needs to be done in terms of Black advancement in all sectors of society but the ill conceived organisations such as the FBJ sets back the agenda and serves as ammunition for people who do not see the need for the existence of your BLA, BMF and the like.

And as for the HRC I did not know that they had a bite. There are many serious cases that they could show their effectiveness in. Many cases of abuse and racism have been reported to them and they have done absolutely nothing except public posturing, which I must admit they are good at.