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.

Sizwe Banzi is Dead

This for those who may not know is the title of a play starring John Kani and Winston Ntshona, dating back to the 1980s. I get goose bumps from the thought of the sheer courage of those involved with this play back then during the repressive days of the National Party. Anyway, Stha and I were privileged to watch this amazing piece of theatre, performed by the original cast. The make up of the audience was interesting at the least. The old people among the audience were the most fascinating to watch; for instance they did not quite care about seat numbering and so on, they just sat where they thought would be best. I chuckled as I watched a young man walk up to his assigned seat only to find gogo happily sitting in it. The young man smiled coyly and asked gogo for her ticked and proceeded to go find gogo's seat - leaving gogo to sit in his. That was nice to see. Back to the performance.

The performance is entertaining, it causes you to laugh at things that - when you do a double take, you are not sure if you were supposed to laugh at in the first place. It is all in the delivery I guess. The story is not new nor is it different to the stories that can be told by any black perso who was an adult at the time of influx control and dompas (a type of an identity document black adults were required by law to carry, which was in turn used by the authorities to determine who was allowed to be in the metropolitan areas of South Africa). My own parents tell these stories. My father worked for a bakery which (given the technology of the time) meant that he started work too early for the curfew set for black people to be lawfully in white areas, which in turn meant that he required permission from the commissioner of bantu affairs to be allowed in the white area before 5am so that he could go to work. He tells me that the commissioner's office only issued these curfew permissions during lunch time on Fridays. Of course he also needed permission from his baas (literally translated "boss" but used as a title for every whiteman regardless of whether or not he employed you) to go to the commissioner's office. You can see how things can go wrong for my father and they have. This story and others like it, are always told with humour yet they always manage to get me upset.

My mother's story is no different. She too carried a pass-book. The story goes that while she was not paying attention, her eldest son, yours truly, then a baby, got hold of the wretched pass-book and sought to remove his mothers face from the book. The damage done to my mother's photograph caused one policeman to suspect my mother of foul play and wanted to arrest her with yours truly in her arms - so the story goes. Fortunately for my mother a certain man, I believe he was a taxi driver, threatened decency and common sense into the policeman. My mother tells this story like it is the funniest thing that happened to her. There are many other stories like that; of brothers who used the same pass-book and the cops were non the wiser and many others.

These are stories of survival, courage and cowardice all wrapped in one, with blurry boundaries.

The same evening that I saw this play, I got home to the umpteenth screening of the Pianist on television, a movie about the suffering of Jews at the hands of the Nazis told among others, through the "Pianist" and his family. Watching this Jewish family go through the realisation of their oppression and the brutality of the Nazis I realised that unlike Sizwe Banzi, they are not dead and they are not forgotten.

Of course white south africans had nothing to do with Sizwe Banzi's death, after all he died at the hands of one or more of his own. Our memory of the events of those years are not meant to feed resentment and revenge. Our memories should feed a commitment that never again shall a group of human beings, however we may classify or brand them, suffer the indignity we suffered. This is not a call for forgiveness neither is it a call to forget, it is a call to remember with dignity and to rise above the bigots.

I often wonder where this whole journey is going to end. All evidence show that it will never end. Take time to read the online version of "The Times" newspaper and see some of the comments made. The supremacy and anger is nothing short of astounding.

Of mini skirts and even "mini-er" minds

Let me start by thanking those that took part in the march (incidentally non-violent and without trashing or turning over dustbins), protesting the nothing less than vile behaviour of those men that took upon themselves the duty to "teach" women how to dress. Let me also appeal to the law-enforcement agencies to please do all that is in their power to bring those criminals to book.

I am reluctant to classify or describe the perpetrators of those ghastly acts as taxi drivers, they are to me a lot more than that. Quite often we gloss over endemic social ills by putting those social ills at the door of some amorphous group. In my mind these are South African men. Yes, these men who tore the clothes off their victim's body and proceeded to assault her in ways too ghastly to repeat. Yes, and those men that looked on while all of this was happening to their sister, they too are South African men. These are all South African men and for the rest of South African men, what happened at the Noord Street taxi rank that day as it happens daily elsewhere, was and is carried out in your name, against your sister, against your daughter, against your lover and against your wife. In the meantime you and other South African men watch and do nothing.

I am still in shock over what I heard from a spokesperson for the police: "such things have been happening to women at that taxi-rank over the last 8 years" (or words to that effect). The present victim is the first to lay a formal complaint. However many days after the formal complaint was filed with the police, we are yet to hear of an arrest. The inability of the police to make an arrest is notwithstanding that there is a definitive group of people among whom the suspects lurk. In case someone among the police is listening, the suspects are said to be among the taxi drivers who service the Noord Streets rank. It is also reported that there were a host of witnesses to the crime. I am no sleuth but I should think that a crime line dedicated to this incident could go a long way in the investigation.

There have also been other campaigns and gestures by men and women which all sought to focus some attention on the safety of women specifically and South Africans generally. One such gesture was the Marie Claire magazine campaign that involved certain of our celebrities stripping for a good cause. Once again, I applaud those who took part in that campaign. I specifically wish to thank Ntsiki Mazwai, yes she of the full monty celebrity. And yes, thanks to my wife I saw the much talked about photograph. Allow me to say to Ntsiki and the photographer: "a job well done". The photograph is a brilliant representation of what the campaign is all about. It says to me that she is here, she is doing this and everything else on her own terms, her way. Everyone else can celebrate the achievement with her or just grow up. My wife and I agree that there is a lot of growing up to be done yet among us Africans. We base this agreement on the conversations that have happened among Africans since the publication of that photograph. The general reaction from women is that the photograph is disgusting. The general reaction from men is that the photograph is not nice, not exciting - and that Ntsiki just looks angry, is not smiling. As my daughter would say "Duh!". Of course she looks angry, she is angry about the way we as men conduct ourselves towards her and women generally. I am too upset to carry on about the men save to say that "guys, women do not always take their clothes off for your entertainment and excitement". The question is as you are looking at that photograph, do you share her anger, frustration, helplessness? Your empathy with her pain will clothe her. And maybe if you look close enough, you may experience the beauty of the human, female form.

The women who commented on the photograph were as my wife put it, "unbelievably petty". The reaction to the photograph among women shocked me. The biggest shock was by a comment from a sister who said that Ntsiki needs a boob job. Now what does that have to do with what Ntsiki set out to do. Then there is reference to our culture and how it does not allow this nudity. Furthermore, what does her mother, her boyfriend think. These are statements made by women - validating the equally perverted positions of their brethren. Meanwhile Ntsiki is saying I am here for me with nothing to hide behind or from. We do not hear as her sisters, instead we inspect her as we would a linen suit. Dear sisters allow me to ask you this: "what on earth is it that you find so disgusting about yourselves, your bodies?" Why else would the reaction to Ntsiki be so sanctimonious and judgemental? Or is it a case of I wish I had the courage to do what she did?

The reactions to the Marie Claire campaign and to the march led by among other Redi Direko shows just how far we still have to go as a people. This and similar campaigns are nothing but a demand for each one of us to have a place in our beautifully plural society.

To my sisters, go on and look as beautiful and attractive as you would and as you choose. To my brothers, celebrate the beauty around you with respect and reverence. It is the greatest tribute you can pay to your mother, your sister, your lover and your daughter.

Coloured Africans . . .

Ryland Fisher is a really nice guy. No, I mean a good human being. I should not be so surprised by how genuinely nice this guy is, the truly gifted are often down to earth and nice. The guy responds to email from strangers and accepts invitation to tea, etc. I have previously invited him to this space, an invitation that stands. But this post is not about Ryland. It is however about a subject he holds dear and one on which he writes eloquently.

What does or can one mean when one declares to be Coloured? When one says I am a Coloured person, is there anything one could be saying (in the South African context) other than - "I have white in me"? Does and can being Coloured have any other meaning let alone content. By this I do not judge being Coloured neither do I make less or more of it than say being White or Black. I am finding it absolutely fascinating that the debate, conversation and possibly a solution to the modern South African race issue is happening and is likely to come from the Western Cape - Ryland's home. By the time the liberation organisations were unbanned and the leaders were released from prison; people of the Cape were primarily Black. Those were the days of the United Democratic Front (UDF) and the Mass Democratic Movement (MDM). Coming from the then Western Transvaal, I was pleasantly surprised when I was in Cape Town, to meet people I have grown up referring to as Coloured, calling themselves Black.

All of that has changed now. In fact it all changed when the Nobel Peace laureat, one Frederick Willem De Klerk, yes the one of "only allow a set quota of blacks to white universities" fame, yes him; started campaigning for votes in the cape flats. The flats have not been the same since. FW spread the gospel and the gospel converted the people - how can anyone forget the deacons? The Marais, the Morkels? Anyway, I digress - the good people of the cape flats were pursuaded not to be Black because that would mean the end of them, their heritage and traditions. Moreover, the Black are going to make life difficult for the Coloured people and the Indian people and the White people unless of course the Coloured people voted for the National Party. All that is a long time ago. What the previous government of 40 years or so did with the notion of colour is too painful to rehash and not particularly important for the present purposes.

What does it mean to be Coloured today, other than that you have white in you? And what if you have white in you, what does it mean? By the way if we were to shake a good number of the Black family trees, a good number of Whites are very likely to fall out. I remember being at Groote Schuur hospital, being treated for some auto-immune illness and the professor being quite fascinated that I had this particular affliction when for all intends and purposes I am a Black man. He was so excited by this odd discovery that he summoned a large group of 5th year medical students to come note this oddity. What can I say, doctors sometimes are not the most sensitive of people and their social savvy sucks at best; but when you not well they help make you better even when you are Black and have a White illness.

So much for the purity of lineage and how we should not mix. Other than as a function of political manipulation, oppression and most importantly consciousness; what does being White or Black or Coloured mean. Dr Mangcu writes a lot more intelligently than I can on this identity issue, so does Ryland. That is why I am somewhat surprised by Ryland's use of "African" in his latest offering on the coloured identity debate. He uses African as a denotation of Black people as in those who are not coloured i.e those who do not assert to have white in them. I cannot agree with this denotation. The meaning of African that I am partial to is the one contemplated by Robert Sobukwe. This term is used in general terms as the term "Black" is used in the Black consciousness thoughts and traditions. In the greater scheme of things and as more eloquently argued by Sobukwe, we are all African. More specifically we are all South Africans. To use the term as Ryland used it would lead back to the politics of origins and even then the Coloured folks are no less African. For the Coloured people to be black is a matter of consciousness and deliberate exercise in identity. More on this process of self identity I recommend Dr Mangcu's book - To the Brink.

Ryland's declaration of being black is a matter of consciousness which entitles him to no more and no less of the benefits of being a South African. I am Black and an African on the same basis. Some of my fellow Africans are White and others have White in them. The difference is that of context and time. Being Coloured no longer and should no longer mean that one is entitled to work the tills at OK's while being Black means one gets to pack the shelves and sweep the floors at OK's. The victory of the people of this country over the government of racial divisions and oppression will similarly be negated by swopping the mop for the till based on some tenous notion of identity. This is the beauty of a plural society; being Coloured, Black, White is just one of those identity things that one is entitled to. We are as a common denominator South African citizens and are deserving on that basis and that basis alone of the protection of the constitution of the land. This is so regardless of the amount of white one has in one; even if there is no white in one. Similarly, we are entitle to declare whatever identity and affiliation we choose.