Friday, September 23, 2011

SA: When there is more than one kind of love

But when Malema espouses and expresses the collective condition of these people the courts brand it “hate speech” fearing words could trigger genocide against those that perceivably deprive.

One commentator has pointed out that the white-dominated South African courts seem oblivious of the “hate economy” from which blacks are being excluded.

By Tichaona Zindoga

When South Africa's African National Congress Youth League leader Julius Malema averred that liberation struggle songs cannot contain “love” words, during his “hate speech” trial recently, it certainly meant that there could be more than one kind of love, and hate, in South Africa.

In fact, love can mean hate; and hate, love depending on which side one stands.

“All depends on the context,” says one editorial.

It is little doubt that Malema loves his country, people and the struggle that officially ended apartheid in 1994.

The goals of the liberation struggle in South Africa have not been achieved with many pointers saying clearly that the Rainbow Nation ideal is but elusive.

Malema has shown to love and identify with the majority blacks in a country in which they are the poorest, most illiterate, unhealthiest, the shortest-living, among other ill indexes.

His love for his people and country is what is generally called patriotism.

These people identify with the struggle which they know is yet to come to fruition.

They also identify with Malema.

But when Malema espouses and expresses the collective condition of these people the courts brand it “hate speech” fearing words could trigger genocide against those that perceivably deprive.

One commentator has pointed out that the white-dominated South African courts seem oblivious of the “hate economy” from which blacks are being excluded.

This is because, he insinuated, because the victims of this “hate economy” are blacks.

This week Congress of SA Trade Union's president Sdumo Dlamini was reported to have defied the ban on the liberation struggle song "shoot the boer".

He said the ban “meant nothing to those who had sacrificed their lives for the country's liberation.”

Addressing Cosatu’s second provincial shop stewards council meeting, Dlamini urged the workers to ignore the "clueless judge" and continue singing the banned song at their gatherings.
It follows that Judge Colin Lamont can only be “clueless” as to the ends of the country’s liberation struggle, according to Dlamini.

In this vein, having given the opponents of the struggle song more than what they expected, as Malema said, Lamont be construed as hating the black people’s struggle in South Africa.

An op-ed piece on the Independent Online headlined “All depends on the context” highlights that the “hate” judgement by Lamont is tricky.

“To many it is not the discriminatory, harmful song Lamont found it to be,” said the editorial.

“They view it as South African history, part of the narrative of the Struggle.

“They reject the judge’s view that there was no justification for singing it.

“The finding has had the perverse effect of popularising Dubul’ iBhunu.

“It is being sung now by people who carefully avoided becoming part of Malema’s choir, and have done so in recent days to assert their right to their past. They argue that it is metaphorical, ‘Boer’ meaning government, not Afrikaners as people.”

“Debate has now turned to the prospect of Umkhonto we Sizwe veterans singing Hambe Kahle Umkhonto at Nelson Mandela’s funeral one day, where they voice their determination to “kill these boers”.

Yet, to demonstrate the thin line threatens the exercise of love – whatever side one might be – there could be substance in what Lamont said.

The piece concluded with this: “…words are powerful weapons. All genocides, he argues on, start as simple exhortations. Agree or not, it is food for thought.”

This means that it must be admitted that the context could very well be a factor.

But what are the implications on the ongoing struggle over the struggle songs?

The ANC was appalled by the banning of “dubul ibhunu”.

It said the judgement is “an attempt to rewrite the South African history which is not desirable and unsustainable.”

“This ruling flies against the need to accept our past and to preserve our heritage as an organization and as a people,” it said.

There are “higher ideals” in Lamont’s judgement, argues Henrietta Klaasing Groblersdal in The Citizen.

One of these was “that members of society are enjoined to embrace all citizens as their brothers.”

Said Groblersdal: “Hence the Equality Act allows no justification on the basis of fairness for historic practices which are hurtful to the target group but loved by the other group. Such practices may not continue to be practised when it comes to hate speech.”
“Does the Youth League’s arrogance in singing the same song immediately after the court adjourned show that they did not bother to listen to the finer points?

“Or maybe they are not at all interested in the high ideals mentioned by Lamont?”

This is a view that is perhaps recognizing that Lamont invoked the notion of “Ubuntu”, as one blogger, Pierre de Vos points out, which Chief Justice, Mogoeng Mogoeng has apparently been championing.

The protection of dignity and adherence to the values of ubuntu requires a radical limitation on the right to freedom of expression, says de Vos.

For his part, de Vos notes an important implication of Lamont’s judgement.

“Judge Lamont divided South Africa into the majority and a minority and suggested that minorities (defined as white South Africans or as white Afrikaners) are therefore in particular need of protection from words that could be construed as having the intention to be hurtful to that minority,” he said.

“This means that religious and sexual minorities, say, might be entitled to special protection in terms of this Act and that a court should take note of the sensibilities of such groups when they judge whether a reasonable homosexual or a reasonable Muslim would have viewed a specific communication as having the intention to be hurtful to them as Muslims or as homosexuals.

“Almost any cartoon that depicts the prophet Mohammed, say, might therefore constitute hate speech. Statements by a pastor that homosexuals are perverts that will burn in hell would also, most probably, constitute hate speech if this line of reasoning is followed.

“I am also fearful that if I were to call devout Christians ‘bigots’ because of their views on homosexuality, I might be found to have had the intention (judged by these religious fundamentalists) to be hurtful to them and hence that I am guilty of hate speech.”

He accused he judgement of “rather essentialistic and simplistic division of South Africans into different race groups” which could be problematic.

But there is another grave implication; that of a history ignored.

De Vos notes that the Equality Act – passed by the democratic Parliament – does not allow a court to take into account historical practices.

That the Equality Court ignored the historical case of Malema implies that the history of subjugation – and south Africans have suffered about 300 years of it – is well water under the bridge.

And with such might go efforts towards real equality in South Africa, economically, socially and politically.
Bilateral hatreds and quarrels or ulterior motives must not be allowed to creep into considerations of matters pertaining to international peace and security, or to the principle of Responsibility to Protect.


The Herald

By Morris Mkwate
PRESIDENT Mugabe says the North Atlantic Treaty Organisation is abusing the United Nations Charter to loot Libya's vast oil reserves and impose leadership on its people.
Addressing the 66th session of the United Nations General Assembly here yesterday, the Head of State and Government and Commander-in-Chief of the Zimbabwe Defence Forces said Western powers deliberately misinterpreted their mandate to protect civilians to settle bilateral scores with Libya.
He said the African Union preferred a peaceful resolution of the conflict compared to "murderous Nato bombings".
The AU should not be undermined, but must be allowed to complement UN peace and security efforts on the continent, he added.
"The newly minted principle of the Responsibility to Protect (R2P) should not be twisted to provide cover for its pre-meditated abuse in violating the sacred international principle of non-interference in the domestic

affairs of states because to do so amounts to an act of aggression and destabilisation of a sovereign state," he said.
"Moreover, to selectively and arbitrarily apply that principle merely serves to undermine its general acceptability. Indeed, more than other states, all the five permanent members of the Security Council bear a huge responsibility in this regard for ensuring that their historical privilege is used more to protect the UN Charter than to breach it as is happening currently in Libya through the blatant illegal, brutal and callous Nato murderous bombings.

"After over twenty thousands Nato bombing sorties that targeted Libyan towns, including Tripoli, there is now unbelievable and most disgraceful scramble by some Nato countries for Libyan oil, indicating, thereby, that the real motive for their aggression against Libya was to control and own its abundant fuel resources. What a shame!
"Yesterday, it was Iraq and Bush and Blair were the liars and aggressors as they made unfounded allegations of possessions of weapons of mass destruction. This time it is the Nato countries the liars and aggressors as they make similarly unfounded allegations of destruction of civilian lives by (Colonel Muammar) Gaddafi."

President Mugabe said contrary to Nato's position, the AU would have preferred a peaceful resolution of the Libyan conflict.
"It (the peace process) was deliberately and blatantly excluded from shedding positive influence over developments. There was quick resort to invoking Chapter VII of the Charter with gross deliberate misinterpretation of the scope of the mandate originally given Nato to oversee and protect civilians.
"Bilateral hatreds and quarrels or ulterior motives must not be allowed to creep into considerations of matters pertaining to international peace and security, or to the principle of Responsibility to Protect.

"We are yet to be convinced that the involvement of the mighty powers in Libya's affairs has not hindered the advent of the process of peace, democracy and prosperity in that sister African country.
"Our African Union would never have presumed to impose a leadership on the fraternal people of Libya as Nato countries have illegally sought to do. At the very least, the African Union would have wished to join those principled members of this august body who preferred an immediate ceasefire and peaceful dialogue in Libya.
"The African Union was and remains fully seized with this crisis and will spare no energies in fully complementing the UN so that peace returns to Libya and its tormented people. We wish that process God's speed."

Cde Mugabe said the UN Charter was "a set of commandments" that must be upheld to maintain world peace.
He said: "The theme, ‘The role of mediation in the settlement of disputes', is most apt. But, how do we, the UN members, measure in relation to it in our activities here at the United Nations and out there in the real world.
"It is my principled view that we must be duty and honour bound to operationalise the principles upon which the Charter of the United Nations is based. We must not be guilty of manipulating that Charter to serve our particular or sectional designs and ambitions.
"The Charter is our set of commandments that must be strictly obeyed by each and every member if international and regional peace is to be maintained.

"We cannot honestly say this is the position today in regard to Nato states versus Libya. Whatever political disturbances might have first occurred in Bengazi, the process of mediation and peaceful negotiation was never given full play."
The President added that some Western countries continue to vilify Zimbabwe for correcting racial and colonial prejudices through the acquisition of natural resources. He said Zimbabweans condemn the Western-imposed sanctions against the country as expressed by the two-million signature anti-sanctions petition.

He thanked Sadc and the AU for demanding the scrapping of the embargo. He said Zimbabwe supported a "revitalised" UN General Assembly and reform of the Security Council.
"When we in Zimbabwe sought to redress the ills of colonialism and racism, by fully acquiring our natural resources, mainly our land and minerals, we were and still are subjected to unparalleled villification and pernicious economic sanctions, the false reasons alleged being violations of the rule of law, human rights, and democracy.

"My people have condemned these illegal sanctions and recently, over two million signatures of protesters have demonstrated their antipathy to them. We thank Sadc and the African Union for supporting us and demanding the immediate removal of the illegal sanctions.
"We in Africa are also duly concerned about the activities of the International Criminal Court (ICC) which seems to exist only for alleged offenders of the developing world, the majority of them Africans. The leaders of the powerful Western States guilty of international crime, like Bush and Blair, are routinely given the blind eye. Such selective justice has eroded the credibility of the ICC on the African continent.

"My country continues to work with others for a revitalised General Assembly. However, our ambitions extend to the need to reform the Security Council as well. Africa's call for at least two permanent seats for its members on the Security Council has been constant for decades. Africa cannot remain as the only region without permanent membership in the Security Council."
The President upheld the centrality of the African Union in resolving conflict on the continent. He said Zimbabwe would remain committed to the UN, adding that the body should also embrace legitimately sovereign states.
"My country fully supports the right of the gallant people of Palestine to statehood and membership of this UN Organisation. The UN must become credible by welcoming into its bosom all those whose right to attain sovereign independence and freedom from occupation and colonialism is legitimate. Similarly, the tormented people of the Saharawi Arab Democratic Republic must not be forgotten. We call for immediate progress in the engagements for a solution to their long-running saga.

". . .Let me reiterate my country's full belief in the aspirations enshrined in the Charter of the UN. We must all resist any abuse to which it may be exposed through the unwelcome behaviour of a few. My country celebrates the UN-Women entity as it addresses the position of more than half of humankind in all our countries.
"The African Union must not be undermined. Rather, it should be allowed to complement the UN's efforts for peace and security on the continent. Zimbabwe is a peaceful member of the AU, Sadc, Comesa, NAM and many other international economic and trade organisations and thus desires to continue to play its part in creating a peaceful environment in the world. The United Nations can count on the unqualified support of Zimbabwe as required, even if only in our modest way."

Friday, September 16, 2011

Homecoming for Lucia Matibenga?

By Tichaona Zindoga
With indications that trade unionist and MDC-T Kuwadza MP, Lucia Matibenga is set to assume the position of Minister of Public service left vacant following the death of Eliphas Mukonoweshuro recently, it is almost a case of a home coming for her.
Those familiar with the inner workings of the party led by Prime Minister Morgan Tsvangirai might be familiar of how the premier leads his party in a fashion that contrasts the democratic pretences he and his cheerleaders have.
In particular is his propensity towards the politics that favours tribe, which has compelled him to surround himself with men and women of the Karanga tribe.
This dates back to his days at Zimbabwe Congress of Trade Unions, through the formation in 1999 and inaugural congress of MDC when he ensured that he stuffed his tribesmen like Nelson Chamisa, Isaac Matongo, Lucia Matibenga, Tendai Biti, Learnmore Jongwe, Job Sikhala, and Sekai Holland into influential positions.
These and other Karangas Tsvangirai was to ensure “safe” Harare seats at the general elections in 2000 while filing subsequent vacant seats with more Karangas.
The same rang true at when Tsvangirai – having successfully split the original MDC because of his alleged tribalism and dictatorial tendencies – entered Government in 2009 under the GPA in 2009.
He almost appointed 16 members of his favoured Karanga tribe to fill 19 posts for ministerial and deputy ministerial positions.
The GPA configured that MDC-T had to fill provide 13 ministers, which Tsvangirai all filled with his tribal favourites; and six deputies, of which he threw three of his tribal kins.
As of August 2010, during a mini-reshuffle, Tsvangirai added more of his tribesmen Tapiwa Mashakada, Obert Gutu and Tongai Matutu to cabinet.

The Karanga homegirl

Yet something happened to “Karanga girl” Lucia Matibenga along the way to heaven.
In a twist of fate, in 2000, came Theresa Makone whose husband, Ian, was the director of elections at the MDC as well as advisor and funder of Tsvangirai.
Theresa was also believed to be a relation of Tsvangirai’s wife, Susan.
In that stroke, Matibenga who had considerable influence, to the extent of being viewed too powerful for the comfort of some women including the leader’s wife, was shunted aside by Tsvangirai as he unconstitutionally dissolved the leadership of the Women’s Assembly of which Matibenga was leader.
A power struggle ensued, with Matibenga on the losing side, as the Makone party holding the winning of two congresses that the warring sides convened in Bulawayo at a downtown restaurant owned by Thokozani Khupe, vice-president of the party and now deputy premier.
A bitter Matibenga, who had the support and sympathy of the majority of the party membership, bemoaned how Tsvangirai had abused his relationship with Makone.
She called him dictatorial.
As bitterly, she complained that “(a)n HIV virus (sic) has attacked our party and an enemy has risen in the party…”
She also led a demonstration against Tsvangirai, denouncing the “kitchen cabinet” of handpicked Tsvangirai loyalists.
Matibenga said of Makone then: “You come into the bus and you find the conductor busy issuing tickets and all of a sudden you want to take away the pen – that’s impossible. I am the conductor here.”
Yet she was to be consigned to the cold world outside, almost into oblivion as she wallowed in the world of trade unionism.
In fact, her fall from grace even provided ammunition for feminist theses on how chauvinistic Zimbabwe’s politics was and how women were being ill-used by their male counterparts.
Interestingly, 11 years on, it was MDC-T party that pulled the strings to allow for her recent elevation to become ZCTU third vice president.
Ironically, the labour body’s congress was held in Bulawayo.
Now Matibenga might have to kiss her new position goodbye to become minister.
“It is basically about tribalism as Tsvangirai seeks to bring back his ‘home girl’,” explains David Muzhuzha former editor of ZCTU monthly publication The Worker, who has also written a magnificent book “A travesty of democracy: The untold story”.
The book focuses on the rise of the MDC from the labour movement and points out the Machiavellian nature of Tsvangirai.
Muzhuzha says Tsvangirai is not only “whole-heartedly fascinated with men and women of his tribe, but he also sometimes, willy-nilly manipulates his party processes to favour persons not of similar origins, as long as such persons serve his main selfish interest: to hold the reigns (sic) of power tightly and undisputedly, wherever he goes.” (pp75)
But there is another dimension, which in fact might hold true for this latter expose.
“Tsvangirai is also trying to reconnect with labour by taking Matibenga who has a trade union background and whom he had alienated,” explains Muzhuzha.
And need it be pointed out that Matibenga and Mukonoweshuro shared the same “Masvingo netara”?

Wikileaks, again

True enough, revelations by the whistle-blower website Wikileaks are fast becoming too hot to handle.
Suffice to say, the revelations have let in on the inner workings of the political systems of Zimbabwe, revelations of which most players have not been too comfortable with.
But then when Wikileaks became a hit for the first time, it let in on the leadership qualities of Tsvangirai, which even the recent leaks in which Obert Gutu and Nelson Chamisa (oh, these ungrateful kinsmen!) even corroborate.
Dell described Tsvangirai as a “flawed figure, not readily open to advice, indecisive and with questionable judgment in selecting those around him.”
Today, if Tsvangirai manages to bring Matibenga into his bosom, it does not quite vindicate him, does it?
It only serves to highlight how he is so flawed as to, as earlier demonstrated, seek security in a particular clique of individuals with whose feathers he identifies.
Admittedly, this same clique has some of the best brains in the country, which won’t do anybody good to deny.
On this score, though, Matibenga would not fit, just as Tsvangirai is not noted for sharpness in letters.
So how should the rest of the country, especially those that believe in him, take Tsvangirai’s fascination with those that identify with Masvingo road?
It does not take much to notice that this is a politically and morally unhealthy situation.
Tsvangirai might as well be sowing the seeds of division in his party, just as he was accused of causing the split not so many years ago.
If one were to go by the assumption that by bringing Matibenga into the fold Tsvangirai is trying to reconnect with labour it therefore confirms that he is indecisive and poor in judgement, as Dell diagnosed him.
This means he is manipulative, too, and runs the MDC-T as a tuckshop.
But it may be homecoming for Lucia Matibenga, all the same.