tag:theconversation.com,2011:/au/topics/governance-680/articlesGovernance – The Conversation2024-02-24T13:52:44Ztag:theconversation.com,2011:article/2236852024-02-24T13:52:44Z2024-02-24T13:52:44ZNRA loses New York corruption trial over squandered funds – retired longtime leader Wayne LaPierre must repay millions of dollars<figure><img src="https://images.theconversation.com/files/576186/original/file-20240216-26-epj9s6.jpg?ixlib=rb-1.1.0&rect=0%2C44%2C4966%2C2832&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Former NRA leader Wayne LaPierre addresses the group's members in 2022.</span> <span class="attribution"><a class="source" href="https://newsroom.ap.org/detail/TexasSchoolShootingNRA/e6fa1890d6dd4d5490016795528ceafa/photo?Query=nra&mediaType=photo&sortBy=&dateRange=Anytime&totalCount=26&digitizationType=Digitized&currentItemNo=0&vs=true">AP Photo/Michael Wyke</a></span></figcaption></figure><p><em>A New York jury found on Feb. 23, 2024, that the National Rifle Association and three of its current and former officials had <a href="https://www.cnn.com/2024/02/23/us/nra-trial-verdict-new-york/index.html">broken the state’s laws by misusing charitable assets</a>. It also determined that two of the officials should repay the gun group millions of dollars.</em></p>
<p><em>The verdict followed a six-week corruption trial that came nearly four years after <a href="https://theconversation.com/why-new-york-is-suing-the-nra-4-questions-answered-144108">New York Attorney General Letitia James sued</a> the NRA and almost five years after <a href="https://www.thetrace.org/2024/01/nra-ny-ag-trial-financial-scandal/">investigative journalists reported</a> that the group’s leaders, vendors and contractors had improperly spent the nonprofit’s funds on lavish travel and other personal expenses. The <a href="https://home.nra.org/statements/nra-responds-to-new-york-trial-verdict-decision-validates-nra-s-position-regarding-wrongdoing-by-certain-vendors-and-insiders/">NRA responded to the verdict by saying</a> it had been “victimized by certain former vendors and ‘insiders’ who abused the trust placed in them by the Association” and listing steps it had already taken to get its house in order.</em></p>
<p><em>The Conversation asked <a href="https://scholar.google.com/citations?hl=en&user=FJ9Y6QMAAAAJ">Sarah Webber</a> and <a href="https://www.umass.edu/spp/people/faculty/elizabeth-schmidt">Elizabeth Schmidt</a>, experts on nonprofit accountability at the University of Dayton and UMass Amherst, to answer questions about the complicated case.</em></p>
<h2>What does this verdict mean for the defendants?</h2>
<p>The jury evaluated evidence regarding the NRA and three individual defendants in the case: <a href="https://theconversation.com/longtime-nra-chief-wayne-lapierre-is-leaving-the-gun-group-in-trouble-but-still-powerful-220984">Wayne LaPierre</a>, the longtime head of the NRA; its former treasurer and chief financial officer Wilson Phillips; and John Frazer, who is still serving as the group’s corporate secretary and general counsel.</p>
<p>The jury found that all three defendants had violated state nonprofit statutes and breached their fiduciary duties.</p>
<p>It also found that the NRA had ignored whistleblower complaints and <a href="https://www.nytimes.com/2024/02/23/nyregion/lapierre-nra-verdict.html">retaliated against the whistleblowers, submitted false filings</a> and <a href="https://ag.ny.gov/press-release/2024/attorney-general-james-wins-trial-against-nra-and-wayne-lapierre">failed to properly oversee its charitable funds</a>. The NRA was found liable for making false statements in mandatory regulatory filings, as was Frazer.</p>
<p>The jury determined that LaPierre, who announced his retirement days before the trial began and officially stepped down while it was underway, had “violated his statutory obligation to discharge the duties of his position in good faith.” </p>
<p>LaPierre was ordered to repay the <a href="https://www.nytimes.com/2024/02/23/nyregion/lapierre-nra-verdict.html">NRA US$5.4 million</a>. Because he has already repaid over $1 million following an internal NRA investigation, he will <a href="https://ag.ny.gov/press-release/2024/attorney-general-james-wins-trial-against-nra-and-wayne-lapierre">only have to pay back $4.35 million</a>, James announced. </p>
<p>Since the jury said that LaPierre should be removed from his job, from which <a href="https://www.npr.org/2024/01/05/1223160632/nra-wayne-lapierre-steps-down-resigns">he had already resigned</a>, it’s possible that he will be barred from ever returning.</p>
<p>Phillips was <a href="https://abcnews.go.com/US/jury-finds-nra-liable-mismanagement-wayne-lapierre-violated/story?id=107269909">ordered to pay $2 million back to the NRA</a>. Although the jury did not find that there was enough evidence against Frazer to remove him from his current position as corporate secretary, it did find both Frazer and Phillips had violated their duties as corporate officers of the NRA. </p>
<p>Another defendant, LaPierre’s former chief of staff Joshua Powell, <a href="https://ag.ny.gov/press-release/2024/attorney-general-james-announces-settlement-former-nra-senior-strategist-eve">settled the case against him on the eve of the trial</a> and agreed to testify against his former employer, the NRA. Powell must repay <a href="https://ag.ny.gov/sites/default/files/settlements-agreements/joshua-powell-settlement-agreement.pdf">the NRA $100,000</a> and is permanently barred from serving in any fiduciary capacity at charitable organizations in New York state.</p>
<h2>What’s wrong with what these NRA leaders did?</h2>
<p>The <a href="https://home.nra.org/about-the-nra/">NRA was chartered in 1871 as a nonprofit in New York</a>. It’s therefore <a href="https://www.councilofnonprofits.org/running-nonprofit/governance-leadership/conflicts-interest">subject to that state’s laws</a>.</p>
<p>New York requires <a href="https://theconversation.com/what-nonprofit-boards-need-to-do-to-protect-the-public-interest-188966">three duties of top nonprofit executives</a>, such as the defendants in this case: the duty of care, the duty of loyalty and the duty of obedience. That means they must care for the NRA and its mission, keep the NRA’s interests ahead of their own and obey, or further, the NRA’s mission while obeying the law.</p>
<p>According to the jury, the defendants breached all three duties. </p>
<p>Asking the NRA to pay for lavish personal trips, flights aboard private jets and helicopters, expensive clothes and hair styling and makeup for LaPierre’s wife – all of which came up during the trial – <a href="https://law.justia.com/codes/new-york/2021/npc/article-7/717">could not be considered fair</a> to the organization. </p>
<p>“In New York, you cannot get away with corruption and greed, no matter how powerful or influential you think you may be,” <a href="https://twitter.com/NewYorkStateAG/status/1761167176868704586">James posted on X</a>, formerly Twitter. “Everyone, even the NRA and Wayne LaPierre, must play by the same rules.”</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/576188/original/file-20240216-26-91bg7k.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="Woman with long hair stands at a podium, looking off into the audience." src="https://images.theconversation.com/files/576188/original/file-20240216-26-91bg7k.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/576188/original/file-20240216-26-91bg7k.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/576188/original/file-20240216-26-91bg7k.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/576188/original/file-20240216-26-91bg7k.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/576188/original/file-20240216-26-91bg7k.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/576188/original/file-20240216-26-91bg7k.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/576188/original/file-20240216-26-91bg7k.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">New York Attorney General Letitia James declared the verdict ‘a major victory for the people of New York and our efforts to stop the corruption and greed at the NRA.’</span>
<span class="attribution"><a class="source" href="https://newsroom.ap.org/detail/MarijuanaNewYork/ccf53de0838341a5a06a11856d85cb01/photo?Query=letitia%20james&mediaType=photo&sortBy=arrivaldatetime:desc&dateRange=Anytime&totalCount=746&currentItemNo=3">AP Photo/Brittainy Newman</a></span>
</figcaption>
</figure>
<h2>What will this mean for the NRA?</h2>
<p>Charitable downgrades are now likely by rating organizations. For example, <a href="https://www.charitywatch.org/charities/national-rifle-association-nra">Charity Watch has issued a “?” rating</a> for the NRA due to “concerns about this organization” and its “nondisclosure of financial information.”</p>
<p>Repayment by LaPierre and his former colleague will depend on whether or not they file an appeal, and it is unclear whether they can afford to pay the millions of dollars they owe the NRA. LaPierre’s attorneys have indicated that they <a href="https://www.wbur.org/npr/1232229060/nra-wayne-lapierre-corruption-trial-verdict-new-york">plan to appeal</a>. </p>
<p>Further, in defending the case, the NRA is likely incurring significant legal fees.</p>
<p>And the NRA <a href="https://membership.nra.org/FAQ">relies on dues payments</a> for much of its budget. It has <a href="https://theconversation.com/wayne-lapierre-leaves-a-financial-mess-behind-at-the-nra-on-top-of-the-legal-one-that-landed-him-in-court-220728">reportedly lost 1 million members</a> out of the estimated 5 million that belonged to it before reports of improper spending patterns arose.</p>
<h2>What’s next?</h2>
<p>There will be another trial to determine whether any “<a href="https://ag.ny.gov/press-release/2024/attorney-general-james-wins-trial-against-nra-and-wayne-lapierre">non-monetary</a>” punishment is appropriate for the NRA or the individual defendants, James said.</p>
<p>One key issue the judge will decide is whether <a href="https://www.bbc.com/news/world-us-canada-68388234">independent monitors and experts should review and assess</a> whether the NRA is now spending its money appropriately. The <a href="https://www.justice.gov/d9/pages/attachments/2021/09/13/review_of_the_use_of_monitors_in_civil_settlement_agreements_and_consent_decrees_involving_state_and_local_government.pdf">monitor would report to the court</a> on its observations.</p>
<p>The judge could also find that an independent governance expert, which would also report directly to the court, should be appointed. But that person would focus on whether the NRA should reform its procedures and policies related to how the organization spends its money and how the board approves management decisions. </p>
<p>The judge will also rule on whether LaPierre and Phillips should be barred from any future appointments as officers at the NRA or other charitable organizations in New York, and if Frazer will be barred from collecting or requesting donations for any charity operating in New York.</p><img src="https://counter.theconversation.com/content/223685/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The jury’s verdict followed years of allegations that the gun group’s top official and other leaders were spending money meant to benefit its members on their own luxuries.Sarah Webber, Associate Professor of Accounting, University of DaytonElizabeth Schmidt, Professor of Practice, Nonprofit Organizations; Social & Environmental Enterprises, UMass AmherstLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2217792024-02-18T07:06:55Z2024-02-18T07:06:55ZCorruption and clean energy in South Africa: economic model shows trust in government is linked to takeup of renewables<p>South Africa <a href="https://www.trade.gov/country-commercial-guides/south-africa-energy#:%7E:text=Current%20Status%3A,from%20renewables%20will%20grow%20rapidly.">relies heavily</a> on energy from coal-fired power stations, which emit large quantities of carbon. But making the transition to greater use of renewable energies, such as solar, is being hampered by a number of factors. Chief among them is corruption, which is affecting the quality of institutions.</p>
<p>In <a href="https://www.tandfonline.com/doi/abs/10.1080/15567249.2023.2291433">a recent paper</a> I set out how perceptions of corruption in the country’s institutions have had a huge impact on the country’s transition to clean energy. This is particularly true of institutions involved in energy, such as the state power utility Eskom.</p>
<p>My findings were based on an econometric model we developed, based on economic theory. It highlighted how perceptions of corruption and the effectiveness of government institutions influenced attitudes towards the country’s energy transition efforts. </p>
<p>Econometrics combines statistics, mathematical models and economic theories to understand and model economic problems. It uncovers the relationships and effects of various economic elements. </p>
<p>The model showed that greater trust in institutions would make people, policymakers and businesses more inclined to adopt renewable energy practices. </p>
<p>The study also found that the quality of the regulatory framework and government’s effectiveness shaped people’s views. This in turn affected decisions around adding renewable energy to the supply mix.</p>
<p>These findings matter because South Africa’s energy transition faces <a href="https://theconversation.com/cop28-south-africa-pioneered-plans-to-transition-to-renewable-energy-what-went-wrong-218851">a host of challenges</a>. These range from technical and financial challenges to broader political, socioeconomic and institutional hurdles. The key to a successful energy transition is policy that’s aligned with what the environment and the society need. It’s essential to improve institutional quality, put anti-corruption procedures in place and have clear rules. </p>
<h2>Energy mix and vision</h2>
<p>The energy situation in South Africa has changed significantly <a href="https://ourworldindata.org/grapher/share-energy-source-sub?time=earliest..2022&country=%7EZAF">since the mid-1990s</a>. Then, coal made up 73%-76% of the primary energy mix. Oil made up 21%-22%.</p>
<p>By 2022, coal’s share had fallen to almost 69%. The share of renewable energy sources had increased to roughly 2.3%. </p>
<p>Our study supports <a href="https://www.sciencedirect.com/science/article/pii/S0301421520306145?casa_token=DpHWzhI7uCUAAAAA:leZ-aq2qmkX6h2AJbtSY5QN-0p9nlTC59L7gMJJgNRHUoJb1qEqY3bvKWt_83rXQhJ_PPe-BwQ">others</a> which show that 2008 was a turning point for the South African economy, particularly the energy sector. The factors involved included:</p>
<ul>
<li><p>the global financial crisis</p></li>
<li><p>changes in government policies, such as <a href="https://www.imf.org/en/News/Articles/2015/09/28/04/53/socar092509a">monetary policies</a> </p></li>
<li><p>leadership changes in the country and at Eskom</p></li>
<li><p>power cuts and rising electricity prices </p></li>
<li><p>a downturn in the economy. </p></li>
</ul>
<h2>Institutions and economic implications</h2>
<p>This research was designed to understand the impact of national policies, governmental efficiency and past dependency on fossil fuel. I based the models on historical data about the energy mix and governance scores.</p>
<p>The analysis focused on the share of renewable energy in South Africa’s total final energy consumption. I used this as a proxy for the nation’s shift to cleaner energy. </p>
<p>Institutional quality is a complex concept. In our modelling exercise we therefore used three of the <a href="https://www.worldbank.org/en/publication/worldwide-governance-indicators">World Governance Indicators</a> to stand for institutional quality: </p>
<ul>
<li><p>corruption perception index </p></li>
<li><p>regulatory quality – perceptions of government’s ability to make regulations that support private sector development </p></li>
<li><p>government effectiveness – perceptions of the quality and trustworthiness of public services. </p></li>
</ul>
<p>The first model confirmed a positive relationship between perceptions of corruption-free institutions and the rollout of renewable energy. More renewable energy has been produced when governance scores have been highest.</p>
<p>The second model showed that transparent and effective regulation potentially hindered the adoption of cleaner alternatives. This can be explained by the fact that regulatory decisions have mostly supported the country’s energy dependence on fossil fuels. The energy markets, especially those for electricity, are doing better because of more sensible, open, and high-quality rules. As a result, this reduced the desire to switch to more environmentally friendly, renewable options.</p>
<p>Finally, the third model indicated a negative relationship between higher government effectiveness and the share of renewable energy. Close ties between stable governments and the conventional energy sector are common. This can influence policy choices. If these well-established businesses oppose reforms that jeopardise their interests – much like the fossil fuel sector does – the promotion of renewable energy sources may suffer. </p>
<p>I also saw that there had been a slow rate of change in renewable energy share. That can be attributed to slow procurement processes, coupled with potential lobbying and corruptive practices. </p>
<h2>Next steps</h2>
<p>South Africa has a new <a href="https://www.dmr.gov.za/Portals/0/Resources/Documents%20for%20Public%20Comments/IRP%202023%20%5BINTEGRATED%20RESOURCE%20PLAN%5D/Publication%20for%20comments%20Integrated%20Resource%20Plan%202023.pdf?ver=2024-01-05-134833-383">Integrated Resource Plan 2023</a> which proposes a near-term (2023-2030) plan that combines gas, solar, wind and battery storage. </p>
<p>But to boost the adoption of cleaner energy, South Africa needs to take urgent action to fight corruption and improve confidence in the country’s institutions. </p>
<p>Policymakers should focus first on making regulatory changes. Efficient procurement procedures and honest practices would speed up the shift to renewables. What’s needed are streamlined procurement, greater transparency and more competition.</p><img src="https://counter.theconversation.com/content/221779/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Roula Inglesi-Lotz receives funding from the National Research Foundation (NRF).</span></em></p>The key to a successful energy transition away from coal is good institutional quality supported by anti-corruption procedures and clear rules.Roula Inglesi-Lotz, Professor of Economics, University of PretoriaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2227302024-02-04T16:23:16Z2024-02-04T16:23:16ZHage Geingob: Namibian president who played a modernising role<p>Hage Gottfried Geingob <a href="https://www.namibian-studies.com/index.php/JNS/article/view/113/113">served as the third president of Namibia</a> from 2015 until his death on February 4 2024. He was Namibia’s first prime minister from 1990 to 2002, and served as prime minister again from 2012 to 2015.</p>
<p>Geingob was born on <a href="https://www.parliament.na/dt_team/geingob-hage/">3 August 1941</a>. He joined the ranks of the national liberation movement South West African People’s Organisation (<a href="https://www.sahistory.org.za/article/south-west-africa-peoples-organisation-swapo">Swapo</a> during its formation in 1960.</p>
<p>As the official statement <a href="https://twitter.com/NamPresidency/status/1753963884828823682">declared</a>:</p>
<blockquote>
<p>The Namibian nation has lost a distinguished servant of the people, a
liberation struggle icon, the chief architect of our constitution and the pillar of the Namibian house.</p>
</blockquote>
<p>As Swapo’s candidate he was <a href="https://www.britannica.com/biography/Hage-Geingob">elected</a> as Namibia’s president for 2015 to 2020 in November 2014. In 2017 he replaced Hifikepunye Pohamba as party president. As head of state with <a href="https://theconversation.com/namibia-badly-needs-refurbishment-after-32-years-under-the-ruling-party-179205">far reaching executive powers</a>, he remained in control over party and government since then. </p>
<p>Geingob’s political career differed from that of his predecessors Sam Nujoma and <a href="https://www.britannica.com/biography/Hifikepunye-Pohamba">Hifikepunye Pohamba</a>. <a href="https://allafrica.com/stories/200904240652.html">Nujoma</a>, the founding president of Swapo, served as president for three terms (1990-2005). Pohamba (2005-2015) was his designated successor. </p>
<p>Geingob personified a <a href="https://www.jstor.org/stable/44508019">“changing of the guard”</a>. His advanced formal education left an imprint on the way of governance during his terms in office. A younger generation moved gradually into higher party and state ranks. He successfully modified the heroic struggle narrative and turned it into a more inclusive, patriotic history. </p>
<h2>Geingob’s career</h2>
<p>Geingob had his cultural roots in the Damara community. This made him different from the mainstream Swapo leadership, which is mainly from the Oshiwambo-speaking population. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/namibia-badly-needs-refurbishment-after-32-years-under-the-ruling-party-179205">Namibia badly needs refurbishment after 32 years under the ruling party</a>
</strong>
</em>
</p>
<hr>
<p>Geingob’s different background counted in his favour among many Namibians when campaigning for presidency. People welcomed a leader with origins in an ethnically defined minority group as a sign of multi-cultural plurality.</p>
<p><a href="https://www.parliament.na/dt_team/geingob-hage/">Studying</a> at the US American Temple University in Philadelphia, the Fordham University (BA) and The New School (MA), both in New York, Geingob was representing Swapo since the mid-1960s at the United Nations. In 1975 he became the head of the <a href="https://www.jstor.org/stable/160803">United Nations Institute for Namibia</a> in Lusaka. </p>
<p>He returned to Namibia in mid-1989, leading the Swapo election campaign in the transition to independence under <a href="https://www.jstor.org/stable/40175168">supervision of the United Nations</a>. He played a <a href="https://www.kas.de/c/document_library/get_file?uuid=a5fa370c-004f-c92d-0ba3-7b3ca48aab38&groupId=252038">decisive role as chairman of the elected Constituent Assembly</a>. </p>
<p>He was appointed Prime Minister in 1990. </p>
<p>In 2002 he fell into disgrace for not supporting <a href="https://www.hsrcpress.ac.za/books/legacies-of-power">Sam Nujoma’s presidency-for-life ambitions</a>. Instead of accepting his demotion to Minister of Regional and Local Government and Housing, he became executive secretary of the <a href="https://gcacma.org/AboutGCA.htm">Washington-based Global Coalition for Africa</a>. </p>
<p>In 2004 he obtained a PhD at the University of Leeds for a <a href="https://etheses.whiterose.ac.uk/21090/">thesis</a> on state formation in Namibia.</p>
<p>He returned the same year to Namibia. Thanks to Pohamba’s reconciliatory approach, he made a remarkable comeback. Minister of Trade and industry from 2008 to 2012, he again became Prime Minister (2012-2015). </p>
<p>His clever politically strategic mind paved the way to be elected as president of the party and state. </p>
<h1>Geingob’s presidency</h1>
<p>In the Presidential and National Assembly elections of <a href="https://mg.co.za/article/2014-12-02-namibias-swapo-win-elections-geingob-voted-as-president/">November 2014</a> Geingob and Swapo scored the best results in the country’s history. While Nujoma was termed the president for stability and Pohamba the president for continuity, Geingob campaigned as <a href="https://journals.co.za/doi/pdf/10.10520/EJC-5ae9d1ff3">president for prosperity</a>. </p>
<p>But this made him the president of unfulfilled promises. </p>
<p>Geingob’s rhetoric disclosed a stronger contrast between what was said and what was done than that of his predecessors. He used more <a href="https://www.tandfonline.com/doi/abs/10.1080/03056244.2018.1500360">populist</a> rhetoric as his style of governance and leadership, coining the metaphor of the “Namibian House. </p>
<p>As he <a href="https://www.namibiaembassyusa.org/sites/default/files/statements/Inaugural%20Speech%20by%20HE%20Hage%20%20Geingob%201.pdf">declared in his inaugural address</a>:</p>
<blockquote>
<p>All of us must play our part in the success of this beautiful house we call Namibia. We need to renew it from time to time by undergoing renovations and extensions. … Let us stand together in building this new Namibian house in which no Namibian will feel left out.</p>
</blockquote>
<p>But over the years many felt left out. The November 2019 parliamentary and presidential election <a href="https://www.tandfonline.com/doi/full/10.1080/00358533.2020.1717090">results</a> were the worst for Swapo since independence. A 2020 Afrobarometer survey confirmed <a href="https://www.afrobarometer.org/articles/trust-political-institutions-decline-namibia-afrobarometer-survey-shows/">a decline of trust</a>.</p>
<p>In all fairness, Geingob entered office at a difficult time. The country faced fiscal constraints and a period of serious droughts, followed by the traumatic impact of <a href="https://www.tandfonline.com/doi/full/10.1080/00358533.2020.1790776">Covid</a>. Consequently, the socio-economic track record under him was at best mixed. On balance, his governance was characterised by a considerable gap between <a href="https://www.namibian.com.na/namibia-2024-promises-or-delivery/">promises and delivery </a>. </p>
<p>Under Geingob a decline of ethics became visible, manifested spectacularly in a <a href="https://www.youtube.com/watch?v=_FJ1TB0nwHs">corruption scandal</a> in the <a href="https://www.namibian.com.na/timely-and-engaging-fishrot/">fishing industry</a>. It became the synonym of state capture. Fighting <a href="https://africa.cgtn.com/namibias-president-geingob-pledges-stronger-fight-against-corruption/">corruption</a> became Geingob’s mantra. But it had little credibility in the eyes of the wider public. </p>
<h1>The moderniser</h1>
<p>Geingob was first married (1967-1992) to a strong-minded African-American woman. Fondly called "Auntie Patty”, Priscilla Geingos was <a href="https://www.namibiansun.com/news/auntie-patty-laid-to-rest-in-windhoek">laid to rest in Windhoek in 2014</a>. </p>
<p>Before entering office, Geingob (divorced for a second time from Loini Kandume in 2008) married the businesswoman Monica Kalondo in 2015. Strong, loyal, and independent-minded, Monica Geingos became an <a href="https://www.unaids.org/en/aboutunaids/unaidsambassadors/MonicaGeingos">active and internationally recognised First Lady</a>.</p>
<p>Among Geingob’s most laudable achievements <a href="https://www.ohchr.org/en/news/2022/06/experts-committee-elimination-discrimination-against-women-congratulate-namibia">is a gender-aware policy</a>. It elevated Namibia into the league of countries with the highest proportion of women in leading political offices.</p>
<p>He <a href="https://namibia.unfpa.org/en/topics/gender-based-violence-3">took a stand against</a> gender-based violence and the country progressed in closing the gender inequality gap.</p>
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Read more:
<a href="https://theconversation.com/namibia-pulls-down-german-colonial-statue-after-protests-who-was-curt-von-francois-195334">Namibia pulls down German colonial statue after protests – who was Curt von François?</a>
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<p>He was also reluctant to give in to <a href="https://www.washingtonblade.com/2023/06/14/landmark-namibia-supreme-court-ruling-sparks-anti-gay-backlash/">homophobia</a> prevalent among parliamentarians. In May 2023 the Supreme Court ruled in favour of <a href="https://www.namibian.com.na/on-same-sex-relationships/">equal treatment</a> of two foreign same sex spouses married to Namibian citizens. While the vast majority of members of the National Assembly pushed through a law amendment seeking <a href="https://www.southernafricalitigationcentre.org/2023/07/20/namibias-proposed-amendment-of-the-marriage-act-an-attack-on-the-rule-of-law-and-the-judiciary/">to invalidate the verdict</a>, Geingob did not sign the bill into law. </p>
<h1>Geingob’s legacy</h1>
<p>One of the last official statements by Geingob, on 13 January 2024, testified to his strong views. Upset over Germany’s taking side with Israel at the International Court of Justice, he <a href="https://twitter.com/NamPresidency/status/1746259880871149956">fumed</a>:</p>
<blockquote>
<p>The German Government is yet to fully atone for the genocide it committed on Namibian soil. Germany cannot morally express commitment to the United Nations Convention against genocide, including atonement for the genocide in Namibia, whilst supporting the equivalent of a holocaust and genocide in Gaza.</p>
</blockquote>
<p>Geingob was ambitious to enter Namibian history as the president who did more to promote the welfare and advancement of citizens. But he struggled to turn that vision into reality in office. Namibia remains among the <a href="https://www.worldbank.org/en/country/namibia/overview#:%7E:text=Namibia%20ranks%20as%20one%20of,services%20are%20large%20and%20widening">most unequal countries</a> in the world. </p>
<p>As he reiterated in his <a href="https://twitter.com/NamPresidency/status/1741615241614508304">New Year Address 2024</a>:</p>
<blockquote>
<p>In order to seize the opportunities that are in line with our ambitions and expectations, we should redouble our efforts to make Namibia a better country. I call on each one of you to work harder for our collective welfare. I call on all of you to hold hands and to ensure that no one feels left out of the Namibian House.</p>
</blockquote>
<p>His legacy as a moderniser will live on despite all the contradictions and unfulfilled promises. </p>
<p>Hamba kahle (Rest in peace).</p><img src="https://counter.theconversation.com/content/222730/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Henning Melber is a member of Swapo since 1974. </span></em></p>Hage Geingob’s legacy as a moderniser will live on despite contradictions and unfulfilled promises.Henning Melber, Extraordinary Professor, Department of Political Sciences, University of PretoriaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2211252024-01-16T14:13:41Z2024-01-16T14:13:41ZSouth Africa’s ANC marks its 112th year with an eye on national elections, but its record is patchy and future uncertain<p>The speech President Cyril Ramaphosa delivered at the <a href="https://www.anc1912.org.za/wp-content/uploads/2024/01/ANC-January-8th-Statement-2024.pdf">112th birthday celebration</a> of South Africa’s governing party, the African National Congress (ANC), on 13 January can be seen as the party’s opening election gambit: a stadium packed to capacity, the display of a united leadership, and an invocation of three decades of success, delivered by a leader firmly in control of his party.</p>
<p>The <a href="https://www.anc1912.org.za/anc-january-8th-statement/">annual January 8</a> statement, unsurprisingly, was a 30 year self-assessment and is self-congratulatory. It was silent on the many failings under ANC rule: <a href="https://www.resbank.co.za/content/dam/sarb/publications/statements/monetary-policy-statements/2023/november-/Statement%20of%20the%20Monetary%20Policy%20Committee%20November%202023.pdf">sluggish economic growth</a>; <a href="https://theconversation.com/south-africas-police-are-losing-the-war-on-crime-heres-how-they-need-to-rethink-their-approach-218048">crime and lack of security</a>; <a href="https://theconversation.com/local-government-in-south-africa-is-broken-but-giving-the-job-to-residents-carries-risks-155970">failure to deliver essential services</a> and <a href="https://mg.co.za/thought-leader/opinion/2023-01-31-south-africa-must-maintain-and-build-new-infrastructure/">maintain public infrastructure</a>. </p>
<p>Ramaphosa said the anniversary <a href="https://www.anc1912.org.za/anc-january-8th-statement/">occasion</a> was an opportunity to focus members of the party on the tasks ahead of the <a href="https://www.eisa.org/election-calendar/">2024 general elections</a> – expected between May and August. He pointed out that the ANC had, over its 30 years in power, put in place the building blocks of a social democratic state. These include:</p>
<ul>
<li><p>a <a href="https://www.justice.gov.za/legislation/constitution/saconstitution-web-eng.pdf">constitution</a> that guarantees human rights to all South Africans and is much admired around the world</p></li>
<li><p>protecting workers’ rights, promoting investment and economic development and providing a legal framework for black economic empowerment </p></li>
<li><p>an active role for South Africa on the international stage, and solidarity with people struggling for their rights and striving for a just world order.</p></li>
</ul>
<p>Assuming the moral high ground by <a href="https://www.politicsweb.co.za/politics/anc-in-full-support-of-sas-case-against-israel-in-">supporting the cause of Palestine</a> was a reminder of the ANC that once won the hearts of many South Africans and international supporters: principled and standing up for justice, as it had done in the struggle against apartheid.</p>
<p>Ramaphosa highlighted the oft-repeated statistics reflecting “delivery” by the ANC-led government since 1994: </p>
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<li><p><a href="https://www.dhs.gov.za/content/media-statements/human-settlements-delivers-47-million-houses-1994">4.7 million houses</a> have been built and provided “mahala” (for free) to South Africans, including houses allocated to nearly 2 million women </p></li>
<li><p>89% of households now have access to water and 85% have <a href="https://www.statssa.gov.za/?p=12211">access to electricity</a></p></li>
<li><p><a href="https://www.timeslive.co.za/politics/2024-01-15-listen-28-million-people-rely-on-social-grants-ramaphosa-boasts-about-ancs-efforts-to-prevent-poverty/">more than 28 million people</a> are beneficiaries of social grants aimed at alleviating poverty.</p></li>
</ul>
<p>Along the way, mistakes had been made, Ramaphosa said. But the ANC stood resolute in addressing the stubborn legacy of colonialism, apartheid and patriarchy.</p>
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Read more:
<a href="https://theconversation.com/factionalism-and-corruption-could-kill-the-anc-unless-it-kills-both-first-116924">Factionalism and corruption could kill the ANC -- unless it kills both first</a>
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<p>Not much was said about these mistakes. The ANC is nursing its fragile unity ahead of a general election later this year. Tactically, it might have been wiser for the party to own up to some of its shortcomings, as this could have denied its opponents and critics the chance to <a href="https://dailyinvestor.com/south-africa/41313/cyril-ramaphosa-celebrates-28-million-grant-recipients-four-times-the-number-of-taxpayers/">ridicule some of its claims</a>. </p>
<p>As a political scientist, I am interested in the ingredients of <a href="https://www.researchgate.net/profile/Sandy-Africa">durable democracies in post-conflict societies</a>, including South Africa, Mauritania and Libya. Thirty years after its first democratic elections, the stakes are high for the ANC as the party that took the lead in ushering in a new era.</p>
<h2>Despair and frustration</h2>
<p>It is an open secret that the party has been <a href="https://theconversation.com/factionalism-and-corruption-could-kill-the-anc-unless-it-kills-both-first-116924">riven by factions</a>. And the state it runs has been <a href="https://www.statecapture.org.za/">racked by corruption</a> for which few have been held accountable.</p>
<p>The perception that South Africa has been unsuccessful in the fight against corruption has dented the country’s image, and lessened its international leverage and stature. </p>
<p>This, in spite of the ANC government having <a href="https://www.gov.za/sites/default/files/gcis_document/202105/national-anti-corruption-strategy-2020-2030.pdf">an anti-corruption strategy</a>. And, to the chagrin of some members, the party has insisted that those facing allegations of corruption must <a href="https://www.dailymaverick.co.za/article/2023-01-06-anc-resolves-to-keep-step-aside-rule-with-case-reviews-every-six-months/">relinquish state and party positions</a>.</p>
<p>There is disappointment that the reversal of the perception of a party mired in corruption has been <a href="https://www.news24.com/news24/opinions/columnists/sipho-masondo/sipho-masondo-instead-of-our-greatest-moment-ramaphosa-has-been-our-greatest-disappointment-20230502">slow in the making</a>. </p>
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Read more:
<a href="https://theconversation.com/book-predicts-ancs-last-decade-of-political-dominance-in-south-africa-166592">Book predicts ANC’s last decade of political dominance in South Africa</a>
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<p>There is a mood of despair over <a href="https://www.gov.za/news/speeches/minister-bheki-cele-second-quarter-crime-statistics-20232024-17-nov-2023">high levels of crime and violence</a>. There is also widespread frustration over <a href="https://wandilesihlobo.com/2023/01/14/crumbling-basic-infrastructure-limits-south-africas-agriculture-and-tourism-growth-potential/">crumbling infrastructure</a> and <a href="https://theconversation.com/south-africans-are-revolting-against-inept-local-government-why-it-matters-155483">poor service delivery</a>.</p>
<p>Lashing out at detractors, a confident Ramaphosa said that South Africa was markedly different to that of 30 years ago – and that this was an achievement of the ANC.</p>
<p>He urged members and supporters to campaign for a decisive victory and avoid a coalition with other political parties. Coalitions, he argued, did not benefit the people but the deal-makers who came from the smaller parties. This argument is not without merit – the coalitions have <a href="https://www.nelsonmandela.org/news/entry/coalitions-the-new-normal-in-south-africa">rendered some municipalities dysfunctional</a>.</p>
<p>Yet, in spite of the public pronouncements, the ANC may be bracing itself for a coalition government. Several surveys say the party will garner <a href="https://www.politicsweb.co.za/documents/anc-polling-under-50-for-2024--brenthurst-foundati">less than 50% of the vote</a> needed to form a government. </p>
<p>The largest opposition party, the Democratic Alliance, has struck a deal with like-minded parties in the hope of <a href="https://mg.co.za/politics/2023-08-17-opposition-parties-agree-on-moonshot-coalition-vision-principles-and-priorities/">unseating the ANC</a>.</p>
<h2>Wooing young voters</h2>
<p>Ramaphosa’s speech reflected the party’s comfort zone, one in which it does not have to appease multiple factions. But this may be a short-lived luxury.</p>
<p>In addition to having to contend with a record number of <a href="https://www.bbc.com/news/world-africa-67741527">splinter formations</a> in the <a href="https://www.eisa.org/election-calendar/">upcoming general elections</a>, the ANC is also facing a generational change. </p>
<p>The <a href="https://www.eisa.org/election-calendar/">2024 general election</a> may become the battle for the soul of the young voter. If that is the case, then the ANC needs a fresh image, one less reliant on its history as a liberation movement. It must reflect the interests and aspirations of potential supporters more: <a href="https://www.gov.za/news/media-statements/statistics-south-africa-quarterly-labour-force-survey-quarter-three-2023-14">unemployed youth</a>, women under constant threat of <a href="https://www.afrobarometer.org/publication/ad738-south-africans-see-gender-based-violence-as-most-important-womens-rights-issue-to-address/">gender-based violence</a>; the <a href="https://debtline.co.za/south-africas-middle-class-is-r10k-poorer-than-in-2016/#:%7E:text=The%20financial%20landscape%20for%20South,compared%20to%20their%202016%20earnings.">financially squeezed middle class</a>, and those living in crowded, <a href="https://link.springer.com/article/10.1007/s10708-022-10808-z">uninhabitable circumstances</a>. </p>
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Read more:
<a href="https://theconversation.com/africas-oldest-surviving-party-the-anc-has-an-achilles-heel-its-broken-branch-structure-150210">Africa's oldest surviving party – the ANC – has an Achilles heel: its broken branch structure</a>
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<p>Ramaphosa called on supporters to stand up against gender-based violence, and to resist the exclusion of marginalised people, such as the LGBTQI community and disabled persons. He acknowledged the positive role of the youth in society, and commended the ANC Youth League <a href="https://www.enca.com/top-stories/anc-youth-league-wants-more-young-people-parliament">for their inputs</a> in shaping the statement. He promised that the party would attend to their concerns and recommendations: </p>
<ul>
<li><p>beneficiation of raw materials </p></li>
<li><p>reindustrialisation of the economy </p></li>
<li><p>the energy crisis</p></li>
<li><p>the climate crisis</p></li>
<li><p>the quality of public services. </p></li>
</ul>
<p>These items are already on the ANC’s policy programme being implemented in government. So if the party had been more astute, the January 8 statement could have indicated, especially to its younger constituency, what would be done differently this time round. As it is, these items also feature high on the list of priorities of other political parties, including those formed in recent months.</p>
<h2>Bravado amid disillusionment</h2>
<p>The ANC, through its January 8 statement, put on a show of bravado. However, it would be foolhardy of it to ignore the fact that the political terrain has shifted.</p>
<p>Even long-serving members within its ranks have become disillusioned with the party, as evidenced by the recent <a href="https://www.politicsweb.co.za/documents/why-i-am-resigning-from-the-anc--mavuso-msimang">resignation of ANC veteran Mavuso Msimang</a>, who later retracted his decision. Not all of these can be labelled rogue ex-members. In any case it is just posturing for the ANC to claim that it is and has been the <a href="https://theconversation.com/the-anc-insists-its-still-a-political-vanguard-this-is-what-ails-democracy-in-south-africa-141938">only vehicle</a> through which citizens can express their political agency. </p>
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Read more:
<a href="https://theconversation.com/the-anc-insists-its-still-a-political-vanguard-this-is-what-ails-democracy-in-south-africa-141938">The ANC insists it's still a political vanguard: this is what ails democracy in South Africa</a>
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<p>The ANC leans heavily on its liberation movement brand. But this will not necessarily be a determining factor in who will sway voters later this year. Many see the ANC as having brought the country <a href="https://www.dailymaverick.co.za/opinionista/2023-03-01-the-anc-has-mastered-the-art-of-demolition-not-building/">to the brink of failure</a>. Others see its policies as centrist and <a href="https://theconversation.com/the-anc-isnt-ready-to-radically-transform-the-south-african-economy-75004">not radical enough</a>.</p>
<p>The governing party has only a few months in which to persuade voters to give it yet another chance to govern South Africa. It won’t be easy.</p><img src="https://counter.theconversation.com/content/221125/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Sandy Africa does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The ANC leans heavily on its liberation movement brand. But this will not necessarily be a determining factor in who will sway voters later this year.Sandy Africa, Associate Professor, Political Sciences, and Deputy Dean Teaching and Learning (Humanities), University of PretoriaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2193032024-01-05T13:45:13Z2024-01-05T13:45:13Z‘Designated contrarians’ could improve nonprofit boards by disrupting the kind of consensus and groupthink that contributed to the NRA’s woes<figure><img src="https://images.theconversation.com/files/567910/original/file-20240104-25-39ssms.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C5820%2C3565&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Sometimes it just takes one naysayer to illuminate a problem everyone else is ignoring.</span> <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/illustration/standing-out-from-the-crowd-think-royalty-free-illustration/1479678749?adppopup=true">CreativeDesignArt/DigitalVision Vectors via Getty Images</a></span></figcaption></figure><p>More than three years after New York authorities sued the <a href="https://theconversation.com/why-new-york-is-suing-the-nra-4-questions-answered-144108">National Rifle Association</a> and <a href="https://nrawatch.org/wp-content/uploads/2023/09/Motion-and-Memorandum-of-Law-Willes-Lee-Depo.pdf">four of its current and former leaders</a>, the trial will begin on Jan. 8, 2024. </p>
<p>In her complaint, New York Attorney General <a href="https://ag.ny.gov/sites/default/files/final_nra_summons_complaint_08.06.20.pdf">Letitia James alleges that</a> <a href="https://www.npr.org/2024/01/05/1223160632/nra-wayne-lapierre-steps-down-resigns">outgoing NRA Executive Vice President Wayne LaPierre</a> “exploited the organization for his financial benefit, and the benefit of a close circle of NRA staff, board members, and vendors,” ultimately diverting over US$63 million from legitimate uses.</p>
<p>And yet, the NRA had a <a href="https://www.americanrifleman.org/content/2023-nra-board-election-results/">76-member board of directors</a>, as well as a <a href="https://home.nra.org/corporate-ethics/">designated audit committee</a>, which both had mandates to monitor the organization’s financial health. By reviewing transactions involving the NRA and its leaders more skeptically, the board might have helped the NRA avert some of its current legal troubles. </p>
<p>I’m a <a href="https://scholar.google.com/citations?user=Z1Ap8CMAAAAJ&hl=en&oi=ao">nonprofit law scholar</a>. Together with <a href="https://scholar.google.com/citations?user=c5Mkq0IAAAAJ&hl=en&oi=ao">Claire Hill</a>, a University of Minnesota law professor, I’ve explored one way nonprofits might theoretically avert debacles, both large and small, in the future. We believe nonprofit boards should require their members to take turns serving as “<a href="https://www.gsb.stanford.edu/insights/do-you-have-contrarian-your-team">designated contrarians</a>.” When it’s their turn for this role, board members would be responsible for asking critical questions and pushing for deeper debate about organizational decisions.</p>
<h2>Board culture</h2>
<p>State law in New York, where the NRA is chartered, tasks boards of directors with the <a href="https://www.nysenate.gov/legislation/laws/NPC/701">ultimate oversight</a> over nonprofits and their leaders.</p>
<p>They’re responsible for everything from weighing in on strategies to advance the organization’s mission to hiring and evaluating top executives and setting their salaries.</p>
<p>Directors aren’t supposed to manage a nonprofit’s everyday affairs. But they are supposed to be on the lookout for major problems and speak up if its resources are being wasted – or worse. </p>
<p>The NRA’s board, like all nonprofit boards, had an <a href="https://theconversation.com/what-nonprofit-boards-need-to-do-to-protect-the-public-interest-188966">obligation to detect the alleged wrongdoing</a> and intervene to stop it.</p>
<p><a href="https://nrawatch.org/filing/oliver-norths-submission-to-nra-hearing-board/">Some NRA leaders did object</a> to what they perceived as wasteful spending by the nonprofit and its leaders, according to James’ complaint. In some cases, concerned trustees <a href="https://www.cnn.com/2019/08/20/politics/richard-childress-national-rifle-association-resignations/index.html?utm_term=image&utm_content=2019-08-20T16%3A26%3A16&utm_source=twCNNp&utm_medium=social">resigned</a> or were <a href="https://nrawatch.org/filing/nyag-files-motion-to-take-deposition-of-nra-board-member-willes-lee/">forced out</a>.</p>
<p>But in general, it appears that NRA board members <a href="https://www.nytimes.com/2024/01/02/nyregion/nra-lapierre-trial.html">did little to oversee or restrain LaPierre</a>, even when <a href="https://www.pbs.org/newshour/nation/north-says-he-wont-serve-second-term-as-president-of-nra">one top leader unsuccessfully sought</a> big changes. </p>
<p>On Jan. 5, three days before the trial was scheduled to begin, LaPierre announced his <a href="https://apnews.com/article/nra-national-rifle-association-wayne-lapierre-resigns-a7cfcd45fc5406c86f186f403da83849">resignation − effective Jan. 31</a>. The 74-year-old NRA leader cited “health reasons” rather than board pressure for his exit from the organization he had led since 1991.</p>
<p><a href="https://twitter.com/NewYorkStateAG/status/1743362856051961895">James responded to the news</a> by promising that this move “will not insulate [LaPierre] from accountability.”</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/567911/original/file-20240104-21-5wt3bz.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/567911/original/file-20240104-21-5wt3bz.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/567911/original/file-20240104-21-5wt3bz.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/567911/original/file-20240104-21-5wt3bz.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/567911/original/file-20240104-21-5wt3bz.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/567911/original/file-20240104-21-5wt3bz.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/567911/original/file-20240104-21-5wt3bz.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/567911/original/file-20240104-21-5wt3bz.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">Wayne LaPierre was still calling the shots at the NRA until January 2024, long after serious allegations against him came to light.</span>
<span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/executive-vice-president-and-ceo-wayne-lapierre-speaks-to-news-photo/1251837046?adppopup=true">Jeremy Hogan/SOPA Images/LightRocket via Getty Images</a></span>
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</figure>
<h2>Too passive</h2>
<p>Not every nonprofit board needs to rein in leaders <a href="https://ag.ny.gov/sites/default/files/final_nra_summons_complaint_08.06.20.pdf">squandering millions on personal travel</a> and hundreds of thousands on <a href="https://abovethelaw.com/2021/04/wayne-lapierre-admits-living-high-on-nras-dime-but-claims-only-he-can-keep-charity-solvent/">bespoke suits</a>, as LaPierre allegedly did. But it’s too easy for their members to be too passive.</p>
<p>That is, board members often fail to ask hard questions and challenge the organization’s paid staff – especially when there are more than a dozen or so people serving as directors. </p>
<p>One reason for this is that nonprofit directors usually volunteer their time and <a href="https://www.councilofnonprofits.org/running-nonprofit/governance-leadership/can-board-members-be-paid">don’t get paid</a> for their contributions. In fact, they often donate their own money to their organizations because they value their charitable missions.</p>
<p>The NRA strayed from <a href="https://www.asaecenter.org/resources/articles/an_plus/2015/december/should-board-members-of-nonprofit-organizations-be-compensated">this norm</a>. The group was <a href="https://www.washingtonpost.com/investigations/nra-money-flowed-to-board-members-amid-allegedly-lavish-spending-by-top-officials-and-vendors/2019/06/09/3eafe160-8186-11e9-9a67-a687ca99fb3d_story.html">paying 18 of its board members</a> when much of the alleged wrongdoing occurred.</p>
<p>It’s only natural for nonprofit directors to presume that their colleagues on the board share their good intentions. What’s more, it’s natural to show deference in the presence of the executives leading the organization full time and the major donors upon whose generosity the group may depend.</p>
<p>No matter the context, many people will simply find it uncomfortable to rock the boat. Sometimes, overly passive and deferential boards <a href="https://ssir.org/articles/entry/spotting_and_fixing_dysfunctional_nonprofit_boards">turn into rubber stamps</a> that fail to challenge sloppy bookkeeping or question unwise hires.</p>
<h2>What should they do?</h2>
<p>We propose that trustees take turns being a designated contrarian, temporarily becoming a devil’s advocate obliged to challenge proposed board actions.</p>
<p>To be clear, they wouldn’t be naysayers out to block everything. They would instead ask probing questions and offer feedback on reports by executives and officers. They would also initiate critical discussions by challenging conventional wisdom.</p>
<p>The goal would be to encourage debate and reflection about the nonprofit’s decisions, slowing – or halting, if necessary – the approval of business as usual.</p>
<p>Board members might serve as the designated contrarian for only a few meetings. The duration of this role would probably depend on how big a given board is and how often it meets.</p>
<p>While this is primarily just a theory at this point, we anticipate that over time, as more and more directors have served as designated contrarians, boards will become more open to constructive dissent.</p>
<h2>Rare examples among nonprofits</h2>
<p>Although using designated contrarians is not yet a widely used practice, a few nonprofit boards may have already embraced this concept.</p>
<p>For example, I’ve been told but have been unable to confirm that one major grantmaker’s investment committee tasks one of its members with challenging particular investment decisions. </p>
<p>This technique may have been gleaned from experiences in finance, where <a href="https://mrzepczynski.blogspot.com/2020/10/does-your-investment-committee-have.html">some fund managers rely</a> on a <a href="https://acquirersmultiple.com/2019/05/successful-investors-need-a-devils-advocate-to-try-to-kill-potential-investment-ideas/">devil’s advocate to test investment decisions</a>, and <a href="https://doi.org/10.5465/255859">at least one study</a> found that this practice can improve outcomes. </p>
<p>Harvard Business Review has published guidelines recommending the designation of “<a href="https://hbr.org/2020/09/7-strategies-for-better-group-decision-making">strategic dissenters</a>,” and experts from <a href="https://www.mckinsey.com/capabilities/strategy-and-corporate-finance/our-insights/boards-and-decision-making">the McKinsey consulting firm</a> cite the value of assigning devil’s advocates on high-functioning, for-profit boards.</p>
<p>I’ve also heard about another unnamed nonprofit tasking a board member as a “<a href="https://www.bassberry.com/wp-content/uploads/Effective_SEC_Rulemaking_Letters2.pdf">process observer</a>.” They were responsible for speaking up when their board was either overly passive or the opposite – micromanaging staff. </p>
<h2>No sure thing</h2>
<p>Of course, embracing a rotating contrarian alone would not be enough to convert the NRA’s <a href="https://www.missionmet.com/blog/what-size-should-your-nonprofit-board-be">unusually large board</a> into a lean and engaged governing body able to detect and prevent all of its alleged wrongdoing. And even for nonprofit boards in less dire circumstances, using rotating contrarians has its challenges. </p>
<p>Most serious among these is whether rotating contrarians will offer only inauthentic dissent, <a href="http://charlannemeth.com/in-defense-of-troublemakers/">which studies show provides limited benefits</a>. Serving a term as contrarian will not magically transform a passive and deferential person into someone who actively challenges dominant voices or forcefully advocates alternatives. And directors wearing the contrarian hat may be too easily discounted if others perceive them as merely mouthing their assigned lines.</p>
<p>To be sure, organizations that adopt this approach would need to be patient.</p>
<p>I doubt that they will be able to summon authentic dissent right away. And newly designated contrarians will be no match for long-standing organizational leaders willing to <a href="https://theconversation.com/why-i-use-the-nra-as-a-case-study-for-how-nonprofits-shouldnt-operate-160430">deceive their boards and punish dissenters</a>.</p>
<p>But I do believe that once board members who have served as contrarians get the hang of articulating authentic dissent, they could begin to make the nonprofits that they oversee more accountable.</p>
<p><em>This article was updated on Jan. 5, 2024, with news of Wayne LaPierre’s resignation.</em></p><img src="https://counter.theconversation.com/content/219303/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Dana Brakman Reiser does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>A legal scholar argues that assigning a designated contrarian and rotating this role over time will help nonprofit boards resist the dangerous pull toward passivity and deference.Dana Brakman Reiser, Professor of Law, Brooklyn Law SchoolLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2204572024-01-04T15:44:32Z2024-01-04T15:44:32ZSpycatcher scandal: newly released documents from the Thatcher era reveal the changing nature of government secrecy<p>I grew up in Tasmania in the 1980s. The capital city, Hobart, had a bit of a “living at the edge of the world” feeling in those days. It seemed about as far away from anywhere as you could get. So, I remember the thrill when the first hints of the “Spycatcher” scandal hit. A British spy had “secretly” been living only a few miles away in the sleepy town of Cygnet. To a child, it all felt impossibly adventurous.</p>
<p>The British National Archives has now released a <a href="https://www.nationalarchives.gov.uk/about/news/latest-cabinet-office-files-released/">slew of Cabinet Office papers</a> dealing with the extraordinary series of events surrounding this man and his attempts to publish Spycatcher, a memoir that promised to spill secrets on double agents and assassination plots. Margaret Thatcher, the prime minister at the time, was so concerned about the book’s contents that the UK government launched multiple legal attempts to have it barred from publication. The most famous of these cases unfolded in Australia, where Thatcher had dispatched her top civil servant to fight the former MI5 operative Peter Wright in court.</p>
<p>The documents lay bare how fearful she was about the book. In communications between government officials, we see the intensity of briefings and updates flowing into Number 10 as the court case unfolded in Australia in late 1986. The government was determined to stand by the principle that security information must remain confidential. </p>
<p>The prime minister followed the exchanges closely, as revealed by her <a href="https://cdn.nationalarchives.gov.uk/documents/release-2023-12/prem19-1952.pdf">handwritten comments across documents</a>. These ranged from brief scribbles like “Bad news” (on an update relating to potential revelation of sensitive documents in court), to noting that “the consequences of publication would be enormous” and commenting in frustration that “surely Wright himself is in breach of the Official Secrets Act?”</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/567825/original/file-20240104-17-2k1i9f.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="An archived government document discussing the Spycatcher scandal, including a margin note from Margaret Thatcher about the 'enormous consequences' of the book being released." src="https://images.theconversation.com/files/567825/original/file-20240104-17-2k1i9f.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/567825/original/file-20240104-17-2k1i9f.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=515&fit=crop&dpr=1 600w, https://images.theconversation.com/files/567825/original/file-20240104-17-2k1i9f.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=515&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/567825/original/file-20240104-17-2k1i9f.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=515&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/567825/original/file-20240104-17-2k1i9f.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=647&fit=crop&dpr=1 754w, https://images.theconversation.com/files/567825/original/file-20240104-17-2k1i9f.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=647&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/567825/original/file-20240104-17-2k1i9f.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=647&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Thatcher’s margin notes reveal her concerns.</span>
<span class="attribution"><a class="source" href="https://cdn.nationalarchives.gov.uk/documents/release-2023-12/prem19-1952.pdf">National Archives</a></span>
</figcaption>
</figure>
<p>The cast of characters in this saga is in itself rather breathtaking. It begins, of course, with the elusive Wright – in my mind’s eye in the 1980s, I had expected him to be a dapper figure in a pinstriped suit. The picture that hit the press at the time instead revealed an old man in a rather incongruous broad-brimmed hat, who did not exude the requisite level of mystery.</p>
<p>Thatcher herself also looms large, as does Robert Armstrong – the head of the civil service she sent across the globe to Sydney like a gun-for-hire, in an extraordinary attempt to prevent the book’s publication. In court, Armstrong would face none other than the up-and-coming Australian barrister <a href="https://www.theguardian.com/australia-news/2015/sep/14/malcolm-turnbull-spycatcher-lawyer-prime-minister">Malcolm Turnbull</a>, appearing for Wright’s publishers.</p>
<p>Turnbull would go on to be Australia’s prime minister 30 years later, but not before eliciting from Armstrong in court his infamous description of having been <a href="https://heinonline.org/HOL/Page?collection=journals&handle=hein.journals/jlsocty16&id=217&men_tab=srchresults">“economical with the truth”</a> in a letter he had written that was relevant to the case.</p>
<p>What the papers released by the National Archives provide is something rather more than just a good story, however. They provide a rare window into how the British government worked in the 1980s. They offer a marker against which to measure what has changed and what has remained the same in the conventions and traditions that underpin the nation’s political system.</p>
<h2>That was then …</h2>
<p>In the 1980s, aspects of British government could remain shrouded in mystery without expectation of public scrutiny. Even the names of the leaders of MI5 were a closely guarded secret, never mind the workings of their organisation. It was simply not the done thing to discuss issues of national security in public. </p>
<p>The institutional settings of Whitehall and Westminster were built for “governing in private”. Advice was offered and arguments made behind closed doors and away from the public gaze. This applied not just to the security agencies but the civil service in general.</p>
<p>In <a href="https://publications.parliament.uk/pa/ld5803/ldselect/ldconst/258/25804.htm">British constitutional theory</a>, the civil service was an indivisible part of the executive government. It was not an independent creature of the parliament, or indeed the wider public. The job of civil servants was to serve ministers in non-partisan ways, based on deep reserves of mutual trust between the political and administrative leaders of government. Armstrong could be sent to the Antipodes knowing that he carried with him the total trust of the prime minister, and vice versa.</p>
<p>His goal, of course, was to stop Wright’s memoir from ever seeing the light of day. In the 1980s, it was still possible for government to believe it might be able to control the spread of information. In a pre-internet age, it still made sense to try very hard to prevent the publication of a book, knowing that its contents could potentially be stopped or contained. Such ideas seem dreamily quixotic in our modern digital age.</p>
<h2>This is now …</h2>
<p>Today, the luxury of being able to govern in private, to carefully consider actions with a degree of secrecy, has given way to far greater scrutiny. Modern expectations of transparency mean that governments are now governing in public, whether they like it or not. Where once the heads of MI5 had their identities protected, we now find them striding the public stage. Stella Rimington, the director general of MI5 in the mid 1990s, published her own <a href="https://shop.nationalarchives.gov.uk/products/open-secret">autobiography</a> in 2001. Her successors give regular public speeches and updates discussing perspectives on national security in ways that would have been unthinkable in the 1980s.</p>
<p>In theory, the status of the wider civil service has not changed – it remains an indivisible part of the executive government. But the bonds of trust have begun to fray. Few of Armstrong’s successors in the civil service could claim the complete trust of a prime minister. And amid the blame games of modern government, ministers and officials can now find themselves in public disagreement, teasing apart the threads of indivisibility that previously kept them in a mutual embrace.</p>
<p>But perhaps the most dramatic change is to the information environment. The relative futility of trying to prevent information from entering the public domain is self-evident. Information – both true and false – flies into the public domain like water through a colander.</p>
<p>A modern government rarely makes the mistake of drawing attention to a set of memoirs by going to great, public lengths to try and stop their publication. Wright died a millionaire. His book was a bestseller. The irony is that he had the British government to thank for boosting his sales. Their attempt to quash what turned out to be a rather innocuous book turned it into an international cause celebre.</p>
<figure class="align-center ">
<img alt="A government document outlining concerns about the implication of allowing Spycatcher to be published." src="https://images.theconversation.com/files/567829/original/file-20240104-17-allyg3.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/567829/original/file-20240104-17-allyg3.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=186&fit=crop&dpr=1 600w, https://images.theconversation.com/files/567829/original/file-20240104-17-allyg3.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=186&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/567829/original/file-20240104-17-allyg3.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=186&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/567829/original/file-20240104-17-allyg3.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=233&fit=crop&dpr=1 754w, https://images.theconversation.com/files/567829/original/file-20240104-17-allyg3.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=233&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/567829/original/file-20240104-17-allyg3.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=233&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Scandal generates book sales.</span>
<span class="attribution"><a class="source" href="https://cdn.nationalarchives.gov.uk/documents/release-2023-12/prem19-1952.pdf">National Archives</a></span>
</figcaption>
</figure>
<p>The Spycatcher saga is a reminder that the nature of British government has changed. It shines a light on the extent to which something seen as an extraordinary public scandal in the 1980s would be seen as far less remarkable today. Modern governments are far more used to the norms of governing in public – for good or ill – in our more transparent age.</p><img src="https://counter.theconversation.com/content/220457/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Dennis C Grube received funding from the Australian Research Council in 2013 (grant number DE130101131) for a previous project on the public face of government.</span></em></p>Cabinet Office papers expose Thatcher’s anxiety over the famous book, and the difference between governing in the 1980s and the modern information age.Dennis C Grube, Professor of Politics and Public Policy, University of CambridgeLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2166712023-11-09T14:08:42Z2023-11-09T14:08:42ZGhanaians don’t trust the police. A criminologist on what needs to be done about it<p><em>The relationship between Ghanaian citizens and officers of its police service is a tenuous one. Recent <a href="https://www.afrobarometer.org/survey-resource/ghana-round-9-data-2023/">reports</a> by the research network Afrobarometer show a decline in trust between citizens and officers amid complaints of harassment and bribery. There have also been <a href="https://www.aljazeera.com/features/2023/9/22/ghana-police-arrest-49-as-high-cost-of-living-triggers-street-protests">accusations</a> of the police being used by the political hierarchy to stifle dissent by force during protests. The Conversation’s Godfred Akoto Boafo speaks to criminologist <a href="https://theconversation.com/profiles/justice-tankebe-579992">Justice Tankebe</a> about the reasons behind the breakdown in trust and ways to improve it.</em></p>
<h2>Do Ghana’s police serve the interests of citizens?</h2>
<p>We can think of these interests in terms of people’s expectations of policing. My <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1745-9125.2012.00291.x?casa_token=INNkhWFO_ZcAAAAA:2fK2oO-IL0kjTq80ptljt3OkL6FHzWX107uJKb5n36mWULN5Qv1oZeLZ-rpssekYoWmQPT76YeabH-g">research</a> has identified four dimensions of these interests. </p>
<p>First is the effective use of police authority to protect citizens from violence and threats to their constitutional rights. Fear of crime is a reasonable indication of police effectiveness. Data from <a href="https://www.afrobarometer.org/countries/ghana/">Afrobarometer</a> shows that, in <a href="https://www.afrobarometer.org/wp-content/uploads/2022/02/AfropaperNo34.pdf">2002</a>, 16.8% of Ghanaians feared becoming victims of crime at their homes. This declined to 9.2% in 2012 but has now <a href="https://www.afrobarometer.org/survey-resource/ghana-round-9-data-2023/">risen</a> to 24.6%. </p>
<p>The second dimension is lawful police conduct. Police officers do not serve this interest when they engage in illegal practices such as robbery, unlawful killing of civilians or bribery. A recent <a href="https://www.unodc.org/documents/corruption/Publications/2022/GHANA_-_Corruption_survey_report_-_20.07.2022.pdf">survey</a> funded by the United Nations Office on Drugs and Crime showed that 53.2% of Ghanaians who interacted with police officers paid them a bribe. </p>
<p>Thirdly, policing serves the interests of Ghanaians when it treats people equally. Simply put, people’s social class, ethnicity, religious beliefs, or political affiliation should not influence the decisions of police officers. </p>
<p>Finally, policing must listen to citizens, explain decisions to them, treat them with respect and care for their wellbeing. Fair treatment communicates symbolic messages about a person’s social standing and inclusion; hence it matters greatly to citizens. A <a href="https://www.tandfonline.com/doi/abs/10.1080/10439463.2019.1636795?casa_token=lLDS6YkQKysAAAAA%3AXkzh0nvzEzSoWaqE7EbUwgVceZH8ko9DjBZmrUw2j8DR5-WzOG9T3YNFE0K2vM7jhax0bria8B2e">survey</a> of Ghanaians shows a little over half of them think the police treat them fairly. </p>
<h2>Why are the police struggling to serve Ghanaians?</h2>
<p>The first reason is the colonial roots of the Ghanaian police, which continue to show in three ways:</p>
<ul>
<li><p>police officers expect people to accept decisions without question </p></li>
<li><p>officers are subservient to elites, who have undue influence on police work</p></li>
<li><p>the police are not sufficiently accountable to local communities. </p></li>
</ul>
<p>Some officers try to curry favour with politicians in the hope of future advantages such as promotions. This is exemplified in the leaked audio of an <a href="https://citinewsroom.com/2023/10/leaked-tape-ill-be-vindicated-after-parliamentary-committee-probe-cop-mensah/">alleged plot</a> to replace Ghana’s police chief, which is now the subject of a parliamentary investigation. </p>
<p>Beyond the colonial legacy, <a href="https://www.ghanaweb.com/GhanaHomePage/NewsArchive/I-have-sent-over-1-000-people-from-my-constituency-to-security-agencies-govt-companies-Kennedy-Agyapong-1086103">political interference</a> means there’s a risk of unsuitable people being recruited to the police. They may lack the appropriate motivation and ethical inclination. The adequacy of training and the quality of supervision are also doubtful. The absence of credible accountability structures also limits scrutiny of how officers behave. </p>
<p>Finally, the behaviours that supervisors model to frontline officers can affect how they interact with citizens. For example, a <a href="https://journals.sagepub.com/doi/abs/10.1177/1748895812469380?casa_token=hJs2udKv6gUAAAAA%3Aq5AyvRoxyV6LETdlVElSm3QorxqtSKpB1-_p5C1-xfiLdr6e_oZZvhRNrjD4ZPwg34ruqxO-bNTE&journalCode=crjb">survey</a> found that officers who felt their superiors treated them with disrespect and partiality were less committed to fair treatment of the public. </p>
<h2>What are the consequences for democracy?</h2>
<p>Police scholar David Bayley has <a href="https://www.jstor.org/stable/3054129">argued</a> that the quality of policing is an important measure of democratic governance. A country cannot claim to be democratic if the police arbitrarily arrest people, humiliate them, suppress political dissent, and exceed their legal mandate.</p>
<p>When citizens lose faith in democracy, they become tolerant of military interventions. So efforts at democratic consolidation must pay attention to the state of the police. Indeed, some scholars argue that this may help <a href="https://books.google.co.uk/books?hl=en&lr=&id=sInqr5ILPE8C&oi=fnd&pg=PR9&ots=_GhR888aCk&sig=K1cbO5_d9JgjsBbg_Cve6QBhw1Q&redir_esc=y#v=onepage&q=internal%20security&f=false">save democracy</a> from the threat of the military taking control. </p>
<p>This matters greatly in a sub-region of increasing political instability and terrorism threat. </p>
<h2>What reforms are required?</h2>
<p>First, there is a need for ideological re-orientation. The Ghana police <a href="https://police.gov.gh/en/index.php/mandate/">say</a> their mandate is to “prevent and detect crime, to apprehend offenders and to maintain public order and safety of persons and properties”. This is indistinguishable from their colonial mandate. Unsurprisingly, police tactics are militaristic and prioritise order over the democratic rights of citizens. </p>
<p>A democratically oriented police service would view its mandate as creating conditions for citizens to enjoy their constitutional rights. It would ask: “how can we facilitate protests and protect protesters?” rather than “what reasons can we find to prevent a protest?”.</p>
<p>The second area for reform is police accountability. Ghanaians have limited information about the internal accountability mechanisms, such as what happens to complaints filed against police officers. <a href="https://www.bloomsbury.com/uk/criminology-as-a-moral-science-9781509965342/">Research evidence</a> shows the lack of appropriate signals from the Ghana Police Service deters officers from reporting unethical colleagues.</p>
<p>As I have previously <a href="https://theconversation.com/what-drives-police-violence-in-ghana-and-what-can-be-done-about-it-105813">argued</a>, the Ghana Police Service needs independent democratic oversight. </p>
<p>Thirdly, reforms are required to insulate the police from political capture. Ghana’s constitution grants the president the right to appoint the police chief. The president also effectively controls the promotion of senior officers through the police council. The same processes as those used in recruitment into civil service should be considered. Yet this is unlikely to make a difference unless police officers are fully committed to their democratic mandate. They must maintain ethical relationships with politicians and other elites who seek to capture the state for their personal interests. </p>
<p>Finally, there is a need to develop a culture of <a href="https://www.journals.uchicago.edu/doi/10.1086/670819">evidence-based policing</a>. This requires a closer relationship between the police and academics who have the methodological tools to support the police in evaluating the effects of their interventions.</p><img src="https://counter.theconversation.com/content/216671/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Justice Tankebe does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The very low public trust in the Ghanaian police suggests a crisis of legitimacy.Justice Tankebe, Associate Professor of Criminology, University of CambridgeLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2161802023-11-07T14:24:36Z2023-11-07T14:24:36ZSouth Africa’s universities aren’t training future civil servants for what the country needs<p>Many analysts <a href="https://journals.sagepub.com/doi/full/10.1177/0975087818805888">blame</a> state capture – the corruption of the management of public affairs – for the weakening of state capacity in South Africa. A <a href="https://www.statecapture.org.za/site/information/reports">judicial commission of inquiry</a> into the problem laid it bare. </p>
<p>They say the COVID pandemic worsened the situation as public resources had to be redirected from developmental commitments to address the emergency. </p>
<p>The claim has merit. But it ignores the role played by a public administration education that is not fit for purpose. The universities responsible for producing the human capital needed for building state capacity must shoulder much of the blame.</p>
<p>Our experience in public administration in <a href="https://scholar.google.co.in/citations?user=7zP1Z-MAAAAJ&hl=en">academia</a> and <a href="https://www.africaleadership.net/fellows/class-x-xseed/busani-ngcaweni/">government</a> spans decades. We have wrestled with the question of why, after various policy and administrative reforms in post-colonial Africa, <a href="https://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/calendar/2023/Building_the_gap_Poster-.pdf">state capability continues to be a challenge</a> for many countries.</p>
<p>In our view the biggest problem facing South Africa is that the training of current and future civil servants is not delivering what the country needs. That’s because the training:</p>
<ul>
<li><p>lacks the interdisciplinary approach needed to meet the country’s complex challenges</p></li>
<li><p>fails to grasp that technology will play a far greater role in the future </p></li>
<li><p>remains trapped in colonial theorisations. </p></li>
</ul>
<p>We say this taking our cue from business administration education.</p>
<h2>Self reflection</h2>
<p>After the <a href="https://www.britannica.com/money/topic/financial-crisis-of-2007-2008">2008 global financial meltdown</a>, British journalist Philip Delves Broughton published an article in <a href="https://www.thetimes.co.uk/article/ddece047-24b6-410c-98d6-01375ddad8af">The Times</a>, arguing that some Harvard-trained MBA graduates had played a leading role in creating the crisis.</p>
<p>The dean of the Harvard Business School subsequently called for <a href="https://www.npr.org/2009/05/17/103719186/business-schools-mull-over-blame-in-financial-crisis">“great introspection”</a>. Harvard’s courage in dealing with the question of its business education is an inspiring lesson on how to confront the flaws of teaching for other fields.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/south-africa-has-a-plan-to-make-its-public-service-professional-its-time-to-act-on-it-187706">South Africa has a plan to make its public service professional. It's time to act on it</a>
</strong>
</em>
</p>
<hr>
<p>Likewise, almost 15 years later, the South African Association of Public Administration and Management (<a href="http://saapam.co.za/">SAAPAM</a>) raised the issue of public administration education at its recent <a href="https://saapam.co.za/22nd-saapam-annual-conference/">22nd Annual Conference</a>. It asked: what do the schools and departments of public administration in South Africa teach? </p>
<p>This question is important because the quality of available talent determines what the state is capable of.</p>
<h2>Worrying trends in the teaching of public administration</h2>
<p>If public administration education is designed and delivered poorly, it sets a course for the systematic destruction of state capability. In many ways, this is what’s happening in South Africa. </p>
<p>Our analyses indicate that much of what is taught in public administration is not what the country needs to become a capable and <a href="https://www.etu.org.za/toolbox/docs/govern/state.html">developmental state</a>. The discipline is tangled up in its own “<a href="https://www.semanticscholar.org/paper/Cheikh-Anta-Diop%3A-The-social-sciences%2C-humanities%2C-Nabudere/6f0be17a0750d31349b3107bd5e1ff04639d2551">self-interpretive closet</a>”. This is despite the trend towards interdisciplinarity, where ideas and methods from different fields of study enrich each other to make sense of societal complexities and find solutions.</p>
<p>Public administration education does not appreciate the imperative of socioeconomic transformation for social and ecological justice, or the role of technology. It remains trapped in colonial teaching about systems and processes.</p>
<p>The “<a href="https://www.jstor.org/stable/25610815">grand narrative fiction</a>”, to borrow New Mexico State University professor David Boje’s phrase, that shaped curriculum development is that government should be run like a business. This is contrary to the <a href="https://www.gov.za/sites/default/files/images/a108-96.pdf">constitutional principle</a> that public administration must have a developmental orientation.</p>
<p>In the 1980s, “<a href="https://scsr.pravo.unizg.hr/_download/repository/1-22.pdf">New Public Management</a>” become a staple diet pushed down the throats of students of public administration. It emphasised the economic value of efficiency and maximisation of output with minimum input costs. The <a href="https://theconversation.com/to-fix-south-africas-dysfunctional-state-ditch-its-colonial-heritage-99087">citizens are customers</a>.</p>
<p>The falsehood that government is like a business opened the way to governance by consultants. This, despite the notoriety of <a href="https://www.newswall.org/summary/do-mckinsey-and-other-consultants-do-anything-useful">“corporate consigliere[s]”</a> deluding managers with </p>
<blockquote>
<p>management gibberish and glossy charts while gorging on fat fees. </p>
</blockquote>
<p>They hollowed out the capacity of the state. All this occurred because of the void in the teaching of public administration. </p>
<h2>But what must be done</h2>
<p>The teaching of public administration must respond innovatively to the task of building a capable and developmental state. The way to do this may lie in forging strategic partnerships between academia, professional associations and government. It must aim to improve the talent pipeline for the state. </p>
<p>Universities are the citadel of originating ideas. Professional associations exist to inculcate a culture of professionalism that many lament is lacking in the management of state affairs.</p>
<p>Any effort towards human capital formation needs to start by creating an opportunity for these partnerships to evolve. Universities must shake off their autonomous posture and “ivory towering”. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/to-fix-south-africas-dysfunctional-state-ditch-its-colonial-heritage-99087">To fix South Africa's dysfunctional state, ditch its colonial heritage</a>
</strong>
</em>
</p>
<hr>
<p>Government must outgrow its suspicion of universities and embrace evidence-driven policy practices. </p>
<p>Professional associations in the public sector should understand that they exist to pursue the public interest, not to create an elite class in the bureaucracy.</p>
<p>For far too long, collaborative efforts in the teaching of public administration have been a cursory pursuit bereft of strategic intent. This needs to change. They must be institutionalised.</p>
<p>The partnership we are calling for is not only for training interventions. It is also for re-imagining public administration education to be relevant to what the country needs. This must be grounded in the <a href="https://www.arcjournals.org/pdfs/ijhsse/v4-i5/5.pdf">African philosophy of humanism</a>, if the <a href="https://www.etu.org.za/toolbox/docs/govern/bathopele.html">“people first”</a> approach to statecraft is to have meaning. In other words, students of public administration need to be steeped in the orientation that <a href="https://www.youtube.com/watch?v=OZIX2C4YTuc">managing state affairs is about giving democracy a human face</a>.</p>
<p>Theories of the state and citizenship, and the principles of democracy, need to underpin the teaching of public administration too. Students must learn how to provide the public good in a way that creates a public value to satisfy public interests. And public administration as practical science must respond to the impediments to human progress in the 21st century: terrorism, global warming, an increasingly unstable global economy, and pandemics.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/south-africa-since-1994-a-mixed-bag-of-presidents-and-patchy-institution-building-164795">South Africa since 1994: a mixed bag of presidents and patchy institution-building</a>
</strong>
</em>
</p>
<hr>
<p>Another key aspect for consideration relates to the fourth industrial revolution technologies in public administration curricula.</p>
<p>Public administration needs to go beyond studying systems and processes, and the neoliberal logic associated with New Public Management. It must embrace interdisciplinarity.</p><img src="https://counter.theconversation.com/content/216180/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Mashupye Herbert Maserumule received funding from the National Research Foundation for his postgraduate studies. He is affiliated with the South African Association of Public Administration and Management(SAAPAM). He is the outgoing chief editor of the Journal of Public Administration and serves in the National Planning Commission. </span></em></p><p class="fine-print"><em><span>Busani Ngcaweni is the Principal of the National School of Government.</span></em></p><p class="fine-print"><em><span>Robert Nkuna is the Director-General of the Department of Planning, Monitoring, and Evaluation in the Presidency of South Africa.</span></em></p>If public administration education is designed and delivered poorly, it sets a course for the systematic destruction of state capability.Mashupye Herbert Maserumule, Professor of Public Affairs, Tshwane University of TechnologyBusani Ngcaweni, Visiting Adjunct Professor, School of Governance, University of the WitwatersrandRobert Nkuna, Professor of Practice, North-West UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2132092023-10-24T12:25:09Z2023-10-24T12:25:09ZLet the community work it out: Throwback to early internet days could fix social media’s crisis of legitimacy<figure><img src="https://images.theconversation.com/files/555410/original/file-20231023-15-otewua.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C3489%2C2331&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Content moderators like these workers make decisions about online communities based on company dictates.</span> <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/content-moderators-work-at-a-facebook-office-in-austin-news-photo/1142321813">Ilana Panich-Linsman for The Washington Post via Getty Images</a></span></figcaption></figure><p>In the 2018 documentary “<a href="https://gebrueder-beetz.de/en/productions/the-cleaners/">The Cleaners</a>,” a young man in Manila, Philippines, explains his work as a content moderator: “We see the pictures on the screen. You then go through the pictures and delete those that don’t meet the guidelines. The daily quota of pictures is 25,000.” As he speaks, his mouse clicks, deleting offending images while allowing others to remain online.</p>
<p>The man in Manila is one of thousands of content moderators hired as contractors by social media platforms – <a href="https://www.npr.org/2023/03/31/1167246714/googles-ghost-workers-are-demanding-to-be-seen-by-the-tech-giant">10,000 at Google alone</a>. Content moderation on an industrial scale like this is part of the everyday experience for users of social media. Occasionally a post someone makes is removed, or a post someone thinks is offensive is allowed to go viral. </p>
<p>Similarly, platforms add and remove features without input from the people who are most affected by those decisions. Whether you are outraged or unperturbed, most people don’t think much about the history of a system in which people in conference rooms in Silicon Valley and Manila determine your experiences online.</p>
<p>But why should a few companies – or a few billionaire owners – have the power to decide everything about online spaces that billions of people use? This unaccountable model of governance has led stakeholders of all stripes to criticize platforms’ decisions as <a href="https://www.brennancenter.org/sites/default/files/2021-08/Double_Standards_Content_Moderation.pdf">arbitrary</a>, <a href="https://nymag.com/intelligencer/2022/12/twitter-files-explained-elon-musk-taibbi-weiss-hunter-biden-laptop.html">corrupt</a> or <a href="https://www.oxfordstrategyreview.com/content/social-irresponsibility-how-social-media-works-for-the-west-but-fails-the-rest">irresponsible</a>. In the early, pre-web days of the social internet, decisions about the spaces people gathered in online were often made by members of the community. Our <a href="https://doi.org/10.1177/20563051231196864">examination of the early history of online governance</a> suggests that social media platforms could return – at least in part – to models of community governance in order to address their crisis of legitimacy.</p>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/iGCGhD8i-o4?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">The documentary ‘The Cleaners’ shows some of the hidden costs of Big Tech’s customer service approach to content moderation.</span></figcaption>
</figure>
<h2>Online governance – a history</h2>
<p>In many early online spaces, governance was handled by community members, not by professionals. One early online space, <a href="https://thenewstack.io/a-look-back-in-time-the-forgotten-fame-of-lambdamoo/">LambdaMOO</a>, invited users to build their own governance system, which devolved power from the hands of those who technically controlled the space – administrators known as “wizards” – to members of the community. This was accomplished via a <a href="https://doi.org/10.1111/j.1083-6101.1996.tb00185.x">formal petitioning process and a set of appointed mediators</a> who resolved conflicts between users.</p>
<p>Other spaces had more informal processes for incorporating community input. For example, on bulletin board systems, users <a href="https://yalebooks.yale.edu/book/9780300248142/the-modem-world/">voted with their wallets</a>, removing critical financial support if they disagreed with the decisions made by the system’s administrators. Other spaces, like text-based Usenet newsgroups, gave users substantial power to shape their experiences. The newsgroups left obvious spam in place, but gave users tools to block it if they chose to. Usenet’s administrators argued that it was fairer to allow each user <a href="https://fishbowl.pastiche.org/2021/01/12/usenet_spam">to make decisions that reflected their individual preferences</a> rather than taking a one-size-fits-all approach.</p>
<p>The graphical web expanded use of the internet from <a href="https://www.internetworldstats.com/emarketing.htm">a few million users to hundreds of millions within a decade</a> from 1995 to 2005. During this rapid expansion, community governance was replaced with governance models inspired by customer service, which focused on scale and cost. </p>
<p>This switch from community governance to customer service made sense to the fast-growing companies that made up the late 1990s internet boom. Promising their investors that they could grow rapidly and make changes quickly, companies looked for approaches to the complex work of governing online spaces <a href="https://doi.org/10.1177/20563051231196864">that centralized power and increased efficiency</a>. </p>
<p>While this customer service model of governance allowed early user-generated content sites like Craigslist and GeoCities <a href="https://datasociety.net/library/origins-of-trust-and-safety/">to grow rapidly</a>, it set the stage for the crisis of legitimacy facing social media platforms today. Contemporary battles over social media are rooted in the sense that the people and processes governing online spaces are unaccountable to the communities that gather in them. </p>
<h2>Paths to community control</h2>
<p>Implementing community governance in today’s platforms could take a number of different forms, some of which are already being experimented with.</p>
<p>Advisory boards like Meta’s <a href="https://about.meta.com/actions/oversight-board-facts/">Oversight Board</a> are one way to involve outside stakeholders in platform governance, providing independent — albeit limited — review of platform decisions. X (formerly Twitter) is taking a more democratic approach with its <a href="https://help.twitter.com/en/using-x/community-notes">Community Notes</a> initiative, which allows users to contextualize information on the platform by crowdsourcing notes and ratings.</p>
<p>Some may question whether community governance can be implemented successfully in platforms that serve billions of users. In response, we point to Wikipedia. It is entirely community-governed and has created an open encyclopedia that’s become the foremost information resource in many languages. Wikipedia is surprisingly resilient to vandalism and abuse, with robust procedures that ensure a resource used by billions remains accessible, accurate and reasonably civil.</p>
<p>On a smaller scale, total self-governance – echoing early online spaces – could be key for communities that serve specific subsets of users. For example, <a href="https://archiveofourown.org/">Archive of Our Own</a> was created after fan-fiction authors – people who write original stories using characters and worlds from published books, television shows and movies – found existing platforms unwelcoming. For example, many fan-fiction authors were <a href="https://www.theverge.com/2022/8/15/23200176/history-of-ao3-archive-of-our-own-fanfiction">kicked off social media platforms</a> due to overzealous copyright enforcement or concerns about sexual content.</p>
<p>Fed up with platforms that didn’t understand their work or their culture, a group of authors designed and built their own platform specifically to meet the needs of their community. AO3, as it is colloquially known, serves millions of people a month, includes tools specific to the needs of fan-fiction authors, and is governed by the same people it serves.</p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/552396/original/file-20231005-25-mahqjw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="text above and below a photo of two people in lab coats standing in a hallway" src="https://images.theconversation.com/files/552396/original/file-20231005-25-mahqjw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/552396/original/file-20231005-25-mahqjw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=817&fit=crop&dpr=1 600w, https://images.theconversation.com/files/552396/original/file-20231005-25-mahqjw.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=817&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/552396/original/file-20231005-25-mahqjw.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=817&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/552396/original/file-20231005-25-mahqjw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1027&fit=crop&dpr=1 754w, https://images.theconversation.com/files/552396/original/file-20231005-25-mahqjw.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1027&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/552396/original/file-20231005-25-mahqjw.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1027&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">X, formerly Twitter, allows people to use Community Notes to append relevant information to posts that contain inaccuracies.</span>
<span class="attribution"><a class="source" href="https://twitter.com/kareem_carr/status/1709198073174311207/photo/1">Screen capture by The Conversation U.S.</a>, <a class="license" href="http://creativecommons.org/licenses/by-nd/4.0/">CC BY-ND</a></span>
</figcaption>
</figure>
<p>Hybrid models, like on Reddit, <a href="https://www.redditinc.com/policies/content-policy">mix centralized and self-governance</a>. Reddit hosts a collection of interest-based communities called subreddits that have their own rules, norms and teams of moderators. Underlying a subreddit’s governance structure is a set of rules, processes and features that apply to everyone. Not every subreddit is a sterling example of a healthy online community, but more are than are not.</p>
<p>There are also technical approaches to community governance. One approach would enable users to choose the algorithms that curate their social media feeds. Imagine that instead of only being able to use Facebook’s algorithm, you could choose from a suite of algorithms provided by third parties – for example, from The New York Times or Fox News.</p>
<p>More radically decentralized platforms like Mastodon devolve control to a network of servers that are similar in structure to email. This makes it easier to choose an experience that matches your preferences. You can choose which Mastodon server to use, and can switch easily – just like you can choose whether to use Gmail or Outlook for email – and can change your mind, all while maintaining access to the wider email network. </p>
<p>Additionally, advancements in generative AI – which shows <a href="https://doi.org/10.1109/MS.2023.3265877">early promise in producing computer code</a> – could make it easier for people, even those without a technical background, to build custom online spaces when they find existing spaces unsuitable. This would relieve pressure on online spaces to be everything for everyone and support a sense of agency in the digital public sphere.</p>
<p>There are also more indirect ways to support community governance. Increasing transparency – for example, by providing access to data about the impact of platforms’ decisions – can help researchers, policymakers and the public hold online platforms accountable. Further, encouraging ethical professional norms among engineers and product designers can make online spaces more respectful of the communities they serve.</p>
<h2>Going forward by going back</h2>
<p>Between now and the end of 2024, national elections are scheduled in many countries, including Argentina, Australia, India, Indonesia, Mexico, South Africa, Taiwan, the U.K. and the U.S. This is all but certain to lead to conflicts over online spaces. </p>
<p>We believe it is time to consider not just how online spaces can be governed efficiently and in service to corporate bottom lines, but how they can be governed fairly and legitimately. Giving communities more control over the spaces they participate in is a proven way to do just that.</p><img src="https://counter.theconversation.com/content/213209/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Ethan Zuckerman receives funding from the MacArthur Foundation, the Ford Foundation, the Knight Foundation and the (US) National Science Foundation.</span></em></p><p class="fine-print"><em><span>Chand Rajendra-Nicolucci receives funding from the MacArthur Foundation and the Ford Foundation. </span></em></p>In the days of online bulletin board systems, community members decided what was acceptable. Reviving that approach to content moderation offers Big Tech a path to legitimacy as public spaces.Ethan Zuckerman, Associate Professor of Public Policy, Communication, and Information, UMass AmherstChand Rajendra-Nicolucci, Research Fellow, Initiative for Digital Public Infrastructure, UMass AmherstLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2158102023-10-24T00:45:04Z2023-10-24T00:45:04ZIndigenous voices can be heard without being constitutionally enshrined, just look at the US<figure><img src="https://images.theconversation.com/files/555178/original/file-20231023-17-6rrpai.jpg?ixlib=rb-1.1.0&rect=0%2C10%2C983%2C758&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/group-native-americans-traditional-garb-91654694">Shutterstock</a></span></figcaption></figure><p>It was always going to be a big ask for Australians to vote in favour of an Indigenous Voice to Parliament.</p>
<p>There’s been much said about the challenges posed by the <a href="https://theconversation.com/voice-to-parliament-referendum-defeated-results-at-a-glance-215366">double majority requirement</a>.</p>
<p>In the wash-up, many are asking what the path to reconciliation is now. </p>
<p>Some answers may lay in other settler societies. </p>
<p>North American Indians provide an example of how representation can occur, without having to amend the constitution. </p>
<h2>Change in the face of harsh laws</h2>
<p>After 350 years of losing wars, land, and sovereignty, American Indians altered their approach to engaging with the federal government in the mid-20th century.</p>
<p>The National Congress of the American Indians (NCAI), a consulting organisation to the government, was central to this change. </p>
<p>Although American Indians could not alter their history, they did reverse its trajectory. </p>
<p>By the 1940s, they were about to face an era of government policies so harsh it is referred to as the <a href="https://library.law.howard.edu/civilrightshistory/indigenous/termination">Termination Period</a>.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/native-americans-have-experienced-a-dramatic-decline-in-life-expectancy-during-the-covid-19-pandemic-but-the-drop-has-been-in-the-making-for-generations-186729">Native Americans have experienced a dramatic decline in life expectancy during the COVID-19 pandemic – but the drop has been in the making for generations</a>
</strong>
</em>
</p>
<hr>
<p><a href="https://www.archives.gov/research/native-americans/bia/termination">Federal laws</a> took away tribal rights once promised by treaties. Government programs tried to end American Indian communities through <a href="https://www.archives.gov/education/lessons/indian-relocation.html">assimilation.</a></p>
<p>In 1944, American Indians created the National Congress of the American Indians. Many of those involved had worked as government officials and had a good understanding of the system.</p>
<p>Despite its name, it can’t make laws, like the US Congress.</p>
<p>Rather, it is an organisation that lobbies and educates the government, like other industry and special interest groups. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/555186/original/file-20231023-21-zogbms.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="Three American Indian children in traditional dress dance in a circle" src="https://images.theconversation.com/files/555186/original/file-20231023-21-zogbms.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/555186/original/file-20231023-21-zogbms.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=402&fit=crop&dpr=1 600w, https://images.theconversation.com/files/555186/original/file-20231023-21-zogbms.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=402&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/555186/original/file-20231023-21-zogbms.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=402&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/555186/original/file-20231023-21-zogbms.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=505&fit=crop&dpr=1 754w, https://images.theconversation.com/files/555186/original/file-20231023-21-zogbms.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=505&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/555186/original/file-20231023-21-zogbms.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=505&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Because of the work of the National Congress of American Indians, Indigenous Americans are served better by hundreds of programs and millions of dollars in funding.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/thaths/5736833559/in/gallery-ncai-72157627938609430/">thaths/flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc/4.0/">CC BY-NC</a></span>
</figcaption>
</figure>
<h2>Changing the trajectory</h2>
<p>Remarkably, by the late 1960s, through the National Congress of American Indians’ <a href="https://nit.com.au/11-08-2023/7180/exclusive-economic-resilience-and-tribal-sovereignty-in-the-united-states#:%7E:text=Over%20its%20history%2C%20the%20NCAI,Determination%20and%20Education%20Assistance%20Act.">efforts</a>, American Indians had not only survived, but the Termination Period had given way to tribal self-determination.</p>
<p>The National Congress of American Indians advocated for legislation such as: </p>
<ul>
<li><p>President Lyndon B. Johnson’s <a href="https://obamawhitehouse.archives.gov/1600/presidents/lyndonbjohnson#:%7E:text=The%20Great%20Society%20program%20became,removal%20of%20obstacles%20to%20the">“Great Society” programs</a> that sought to ease poverty</p></li>
<li><p>the <a href="https://www.bia.gov/sites/default/files/dup/assets/bia/ots/ots/pdf/Public_Law93-638.pdf">Indian Self-Determination and Education Assistance Act</a> which allowed tribes to manage their own services and contracts with the federal government</p></li>
<li><p>the <a href="https://uscode.house.gov/browse/prelim@title25/chapter21&edition=prelim">Indian Child Welfare Act</a> which aimed to protect children while also keeping them within their tribal communities.</p></li>
</ul>
<p>School enrolments expanded, services increased, and education and <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4035886/">health programs</a> brought the highest quality of life many communities had known. </p>
<p>In <a href="https://www.jstor.org/stable/24398399">improved tribal schools</a>, children can now learn both English and their <a href="http://www.ncnalsp.org">Indigenous language</a>. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/if-there-is-to-be-any-healing-after-the-voice-referendum-it-will-be-a-long-journey-214370">If there is to be any healing after the Voice referendum, it will be a long journey</a>
</strong>
</em>
</p>
<hr>
<p>Healthy foods, <a href="https://www.csmonitor.com/USA/Society/2021/0222/Seeds-and-beyond-Native-Americans-embrace-food-sovereignty">grown by tribes</a>, are making a comeback on reservations that were once rural food deserts.</p>
<p>Of course, there’s a lot more progress still to be made. American Indian men have the lowest average <a href="https://theconversation.com/native-americans-have-experienced-a-dramatic-decline-in-life-expectancy-during-the-covid-19-pandemic-but-the-drop-has-been-in-the-making-for-generations-186729">life expectancy</a> of any ethnic group in the US. Issues with addiction, unemployment and trauma still loom large.</p>
<p>And American Indians remain displaced, having lost <a href="https://environment.yale.edu/news/article/near-total-loss-historical-lands-leaves-indigenous-nations-us-more-vulnerable-climate">99% of their ancestral lands</a> over time.</p>
<p>But compared to the situation 80 years ago, we’ve come a long way. </p>
<h2>Progress in real time</h2>
<p>My tribe describes the transformation of this period in a short story.</p>
<p>In the 1970s, our tribe had the following items in our posession: a trailer, a desk, <em>and</em> the phonebook sitting on top of it. </p>
<p>Our numerous ventures now <a href="https://www.potawatomi.org/blog/2022/09/09/citizen-potawatomi-nations-economic-impact-exceeds-700-million-in-2021/#:%7E:text=Citizen%20Potawatomi%20Nation%27s%20economic%20impact%20exceeds%20%24700%20million%20in%202021,-September%209%2C%202022&text=As%20an%20economic%20force%20in,and%20its%20communities%20in%202021.">contribute</a> one billion Australian dollars to the regional economy. </p>
<p>We run clinics, house elders, provide daycare, and our youth thrive in schools and careers. </p>
<p>We were able to build on the momentum created by the National Congress of American Indians and take control of our future. </p>
<p>The Congress focuses on policy. It mainly employs experts who research proposals, suggest changes to legislation, meet with government representatives, and provide reports to the public.</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1711381050637615205"}"></div></p>
<p>Because of their work, American Indians are served better by hundreds of programs and millions of dollars in funding.</p>
<p>The National Congress of American Indians does this without being enshrined in the constitution.</p>
<p>In their nearly 80 years, the organisation has built social capital and credibility. </p>
<p>Because it’s so trusted, it secures funding from tribes, corporations, and government agencies. With yearly <a href="https://www.ncai.org/resources/ncai-publications/indian-country-budget-request/fy2022">financial surpluses</a>, it has set aside millions of dollars in assets to safeguard its future. </p>
<h2>A voice in a different form</h2>
<p>There has been a long history of trying to establish Indigenous representation at the federal level in Australia. </p>
<p>Most recently in 2009, Aboriginal communities established the National Congress of Australia’s First Peoples. </p>
<p>It was <a href="https://www.canberratimes.com.au/story/6443649/closure-of-aboriginal-organisation-means-loss-of-first-peoples-voice-former-co-chairman/">disbanded in 2019</a> after years of under-funding. </p>
<p>It’s hardly surprising a key lesson its leaders learnt was the need for stable funding. Being written into the constitution was seen as the way to get this.</p>
<p>The rationale is understandable, but amending a country’s constitution is a strong measure.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/lies-fuel-racism-how-the-global-media-covered-australias-voice-to-parliament-referendum-215665">'Lies fuel racism': how the global media covered Australia's Voice to Parliament referendum</a>
</strong>
</em>
</p>
<hr>
<p>Perhaps constitutional change was too big a logistical and psychological issue for the public to accept. A body like the National Congress of American Indians could be the alternative.</p>
<p>It would require long-term, bipartisan funding. The political appetite for such a plan is unclear. </p>
<p>But financial certainty could enable Aboriginal people to provide essential consultation and help train future leaders. </p>
<p>It may also prove more palatable for voters across the political spectrum. </p>
<p>In North America, such a lobbying and policy organisation has helped ensure much better outcomes for its Indigenous people.</p>
<p>With the right support, the same could be achieved in Australia.</p><img src="https://counter.theconversation.com/content/215810/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Yancey Orr does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The failed Voice to Parliament referendum dashed the hopes of many mapping out a path to reconciliation. If we look to the example set by North American Indians, there might be another way forward.Yancey Orr, Associate Professor of Environmental Science and Policy, Smith CollegeLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2155602023-10-13T12:17:30Z2023-10-13T12:17:30ZSouth Africa’s 2022 census missed 31% of people - big data could help in future<p>No census is ever exact: as academics Tom Moultrie and Rob Dorrington at the University of Cape Town have <a href="https://www.un.org/development/desa/pd/sites/www.un.org.development.desa.pd/files/files/documents/2020/Oct/undesa_pd_tp_2020_tp_population_estimates.pdf#page=8">noted previously</a>:</p>
<blockquote>
<p>a census is not, in reality, a full and accurate count of the number of people in a country; rather, it is itself an estimate of the size of the population at a moment in time. </p>
</blockquote>
<p>South Africa has announced the results of its fourth census as a democracy – <a href="https://www.statssa.gov.za/?p=16711">Census 2022</a>. I have been involved in the process for the last four years as chair of South Africa’s National Statistics Council. As outgoing chair, my last task was to <a href="https://www.statssa.gov.za/?p=15192">take part</a> in the release of Census 2022.</p>
<p>The census found that the national population has grown to <a href="https://www.statssa.gov.za/?p=16711">62 million</a>, up 10.3 million from the last census <a href="https://www.statssa.gov.za/publications/P03014/P030142011.pdf">in 2011</a>. Gauteng is now clearly the most populous province in the country, with 15.1 million people, overtaking KwaZulu-Natal (12.4 million). The Western Cape jumped from fifth to being the third largest province, with 7.4 million people. These figures are important because they inform resource allocation by government.</p>
<p>What is perhaps most striking about Census 2022 is the very high <a href="https://www.statssa.gov.za/publications/P03015/P030152022.pdf#page=11">undercount</a> – 31% of people and 30% of households were missed (or chose not to self-enumerate, either online or via zero-rated telephone methods). This is the highest undercount of any post-apartheid census; sadly, it may set a new international record. </p>
<p>A census is immediately followed by a <a href="https://www.statssa.gov.za/publications/P03015/P030152022.pdf">Post Enumeration Survey</a>, which identifies where the census missed people. This allows Statistics SA to develop adjustment factors, or weights, so that the final data represents an adjusted final tally. The Post Enumeration Survey is used to manage the undercount. Census undercounts are the norm, <a href="https://www.un.org/development/desa/pd/sites/www.un.org.development.desa.pd/files/files/documents/2020/Oct/undesa_pd_tp_2020_tp_population_estimates.pdf#page=8">not the exception</a>. But it is safe to assume that with weighting on this scale – adjusting for an undercount of 31.06% – analysts may identify some confounding results. </p>
<p>At aggregate level, <a href="https://census.statssa.gov.za/#/">Census 2022</a> is robust. At sub-national – and especially sub-provincial – levels, however, it may be less so. Only time and data analysis will tell.</p>
<p>The census confirmed the global trend of <a href="https://www.icf.com/insights/health/declining-survey-response-rate-problem">declining survey response rates</a>. People are less and less inclined to be involved in the process. This raises the question: does a fieldwork-based census have a future? Given the challenges that faced Census 2022, I believe the census may need to be re-imagined as a very different exercise. This requires <a href="https://www.statssa.gov.za/">Statistics South Africa</a>, which conducts the census, to fully engage with big data to bring the process into the 21st century.</p>
<h2>The process</h2>
<p>South Africa’s National Statistics Council, an independent body of experts that advises the statistician-general and the minister in the presidency regarding statistics, had secured a number of local and international experts – as had Stats SA – to stress test the census and the Post Enumeration Survey. Council never has prior sight of the data: its job is to focus on methods and process.</p>
<p>The experts do engage with the data and flagged only a few variables (mortality data, and some service and asset questions which had too many non-responses to be reliable) as requiring a cautionary note. Council engaged vigorously with the experts and Stats SA, and with no red flag raised by any, we declared the census <a href="https://census.statssa.gov.za/#/">“fit for purpose”</a>.</p>
<p>It is notable that Stats SA routinely conducts a post enumeration survey. Many countries do not, even when there is systematic undercounting of particular groups (often young men, children and minorities). Moreover, Stats SA will make available both the weighted and the raw data for analysts to examine in detail. This transparency should be welcomed, given that (as previously noted by the <a href="https://unstats.un.org/unsd/demographic/sources/census/wphc/QA.htm">United Nations Statistics Division</a>) issues of undercounting affect all countries, and estimating the undercount and whether to adjust the data is a political issue “throughout the world”. The undercount was high, but not as a result of any lack of effort or commitment from Stats SA.</p>
<h2>Why the undercount</h2>
<p>The undercount is the result of many factors. </p>
<p>First, the context matters. This time round it was as bad as it could be, with the COVID-19 pandemic affecting training and supply chains for equipment. The pandemic also generated anxiety in a populace that had been avoiding contact with strangers as part of social distancing. Census planning usually starts three or four years prior to fieldwork. Training about 100,000 enumerators is a major effort in its own right, combined with the shift to digital platforms for the first time. All were affected by the pandemic.</p>
<p>The fieldwork took place after the devastating <a href="https://theconversation.com/south-africas-deadly-july-2021-riots-may-recur-if-theres-no-change-186397">July 2021 insurrection</a>, and after the hard-fought <a href="https://www.elections.org.za/pw/Elections-and-results/Municipal-Elections-2021">local elections</a>. The process also coincided with xenophobic violence meted out by the anti-migrant pressure group-<a href="https://www.theguardian.com/global-development/2023/sep/26/south-africa-anti-migrant-vigilante-operation-dudula-registers-as-party-2024-elections">turned-political party</a> <a href="https://theconversation.com/rising-vigilantism-south-africa-is-reaping-the-fruits-of-misrule-179891">Operation Dudula</a> in Johannesburg. Taken together, the effect was a deep-seated reluctance to open doors to strangers, particularly those asking lots of questions.</p>
<p>A second factor that affected the gathering of data was the fact that there is <a href="https://www.afrobarometer.org/wp-content/uploads/migrated/files/publications/Dispatches/ad474-south_africans_trust_in_institutions_reaches_new_low-afrobarometer-20aug21.pdf">very low trust in the government</a>. Although the census is conducted by Stats SA, which is an independent entity, it is seen as “government”. This label didn’t make it easy to persuade people to allow an enumerator into their dwellings and answer questions. </p>
<p>People in the Western Cape, the only province not run by the African National Congress, were particularly resistant to being enumerated or self-enumerating. This was true even after the provincial premier and Cape Town mayor made public calls for people to comply. The undercount in the Western Cape stands at 35.58% of people and 36.3% of households. In the Free State, by comparison, the undercount is 20.95% of people and 17.93% of households.</p>
<p>A third factor was that response rates have been getting consistently lower over at least the last decade. This has been true for Stats SA and other entities undertaking primary research. The decision to go digital was an attempt to open different avenues for people to complete the questionnaire online, or by phone, to improve response rates.</p>
<p>People appear to be sick and tired of being polled by everyone, from their local supermarket to endless tele-marketers and others. They also appear much more wary of sharing their data. What, then, is the future for the census?</p>
<h2>Enter big data</h2>
<p>Countries around the world are facing the same challenge of low response rates. </p>
<p>The advent of big data opens intriguing possibilities. </p>
<p>A first step would be to harvest data from the records kept by government departments (assuming they are run well). In addition, data could be unlocked if a working relationship was developed with private sector entities, such as suppliers and banks. </p>
<p>Becoming far more tech-savvy, and encouraging people to engage with Stats SA digitally, could be combined with other options to compile a national population dataset. It would also represent a significant cost-saving. This approach – harvesting data rather than gathering it directly – is being considered by many countries, but has not yet been attempted, and Stats SA needs to carefully consider this option.</p>
<p>Stats SA needs to fully engage with the world of big data, and the key players in that data ecosystem. It has convening authority, and should be engaging all key players, whether they are academic, private sector or others. </p>
<p>At the very least, an alternative way of conducting the next census in 2032 must be rigorously examined and tested. </p>
<p>Big data is not the answer to all the challenges that faced Census 2022, but it may be a key enabler for gathering reliable national data in the future.</p><img src="https://counter.theconversation.com/content/215560/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>David Everatt does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Big data is not the answer to all the challenges that faced Census 2022, but it may be a key enabler for gathering reliable national data in the future.David Everatt, Professor of Urban Governance, University of the WitwatersrandLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2142362023-10-09T13:31:59Z2023-10-09T13:31:59ZWitchcraft in Ghana: help should come before accusations begin<p>Witchcraft is generally understood to refer to a supernatural power possessed by an individual. In Ghana, particularly in the northern parts of the country, the subject continues to <a href="https://www.ghanaweb.com/GhanaHomePage/features/Should-witch-camps-in-Ghana-be-closed-down-1023430">spark fierce debates</a>.</p>
<p>In regions such as Northern, Savanna and North East, people accused of witchcraft are banished from their communities. In response, other communities have provided refuge for displaced people. These places of refuge have themselves <a href="https://www.newsweek.com/witch-camps-elderly-women-die-ghana-1754907">sparked controversy</a>. Critics contend that they have become centres of “abuse” and have called for their closure. </p>
<p>I am a <a href="https://findanexpert.unimelb.edu.au/profile/821110-matthew-mabefam">lecturer</a> in anthropology and development studies. I set out to understand the controversy around what are often called “witch camps” and whether they should be abolished. I conducted a year long ethnographic study in the Gnani-Tindang community in northern Ghana. Gnani-Tindang provides refuge for people accused of witchcraft who have been banished from their communities.</p>
<p>I conclude from my <a href="https://www.tandfonline.com/doi/full/10.1080/21681392.2023.2232052">findings</a>
that government and NGOs aren’t proving capable of managing the problem, because they are starting at the wrong place. The focus is on witchcraft accusations, by which time people have already been stripped of their “social citizenship” and been forced to relocate. </p>
<p>Engaging with the experiences of people accused of witchcraft and their communities shows that intervening at an earlier point matters more.</p>
<h2>The background</h2>
<p>Victims of witchcraft accusations face alienation or exclusion from their communities. Exclusions can be social, physical, economic or psychological.</p>
<p>Some villages in northern Ghana have become known as places that provide refuge to people banished from their communities. These villages were not created for this purpose. Rather, they are already existing communities that have chosen to provide such refuge. </p>
<p>Banishment happens when someone accused of witchcraft is no longer welcomed in their community. They are asked to leave and never return. Not heeding such advice comes with consequences including violence, abuse, social exclusion and murder. </p>
<p>Sometimes people relocate to a village that’s offering them safety after they’ve been forced to leave their homes following direct threats. In some instances people move when they hear rumours that they risk being accused of witchcraft. </p>
<h2>What people who had been banished told me</h2>
<p>The purpose of my research inquiry was to gain insights into how individuals accused of witchcraft speak about themselves and their circumstances.</p>
<p>The experiences of those accused varied. As one told me:</p>
<blockquote>
<p>They finally threatened that they were going to do their juju, and if I had any knowledge about the child’s sickness, I was going to die within four days. I told them they should go ahead; I was willing to die if I were the one responsible for the child’s sickness. After the ritual, I didn’t die. However, they said I could no longer stay with them in the community.</p>
</blockquote>
<p>Another gave this account: </p>
<blockquote>
<p>After the death of my husband, the relatives accused me of witchcraft. My in-laws said I killed my husband, but I don’t know anything about it. He fell sick and died afterwards. How can I kill my husband? I was lucky I wasn’t killed. There were lots of chaos, and some of the people suggested that I should be killed. Others disagreed and suggested that I should be brought to Gnani-Tindang … It’s my husband’s people who brought me here.</p>
</blockquote>
<p>We also observed that elderly people with little strength to fend for themselves were often targeted. One person, who was 80 years old, said: </p>
<blockquote>
<p>Look at me; I’m old and weak now. I can’t do much for myself. But I must fetch water, firewood and beg for food to eat. It is lonely here. </p>
</blockquote>
<h2>What next</h2>
<p>Ghana’s parliament has recently <a href="https://www.songtaba.org/wp-content/uploads/Press-Release_antiWitchcraftBill-28072023.pdf">passed</a> an anti-witchcraft bill. It seeks to criminalise the practice of declaring, accusing, naming, or labelling people as witches. Making such an accusation would lead to a prison sentence.</p>
<p>But, in my view, the bill alone isn’t the solution. This is because declaring certain behaviour illegal – and therefore punishable in a court of law – doesn’t address the issue of prejudice and discrimination which often relates to people’s age, gender and economic status. In other words, the law won’t deal with the tensions that emerge when culture intersects with the reality of people who become victims of witchcraft accusations.</p>
<p>Additional steps need to be taken. </p>
<p>Firstly, attention needs to be given to the underlying social issues driving accusations of witchcraft. For example, extreme inequalities among men and women, old and young, rich and poor. Creating avenues that provide a balance in society will have an effect on witchcraft accusation and banishment. </p>
<p>Early gender-tailored education needs to be introduced by the government and development actors on the value of both boys and girls. This is particularly important in the patriarchal societies of northern Ghana. This could help address gender inequalities that lead to witchcraft accusations. Witchcraft accusation is gendered: more women than men are accused, confronted and banished. </p>
<p>There is a need to engage widely with the Ghanaian society about the dangers of witchcraft accusation and to put in mechanisms to protect those who are abused and violated as a result of such accusations. </p>
<p>Finally, there is a need to listen to the voices and experiences of those who are victims of witchcraft accusations. This will ensure that interventions aren’t detached from their reality.</p><img src="https://counter.theconversation.com/content/214236/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Matthew Mabefam does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Victims of witchcraft accusations face alienation or exclusion from their communities.Matthew Mabefam, Lecturer, Development Studies, The University of MelbourneLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2151812023-10-08T08:12:37Z2023-10-08T08:12:37ZLiberia elections 2023: three things the next president must do<p>Liberia, Africa’s oldest republic, is <a href="https://www.ndi.org/2023-liberia-presidential-election">about to choose</a> its next president. </p>
<p>On 10 October, <a href="https://necliberia.org/ecal_info.php?&92fe2e1cedf0fff268b812622bbd952ff930c1b2=MjA3">46 political parties</a> and <a href="https://www.bloomberg.com/news/articles/2023-08-06/liberia-s-weah-to-face-19-rivals-in-october-vote-amid-public-ire">20 presidential candidates</a> will compete for two million registered votes at 5,000 polling stations in 15 counties. </p>
<p>But whoever wins will confront a polarised Liberia. </p>
<p>Liberia is more divided than it has been since the end of its <a href="https://cja.org/where-we-work/liberia/">14-year civil war</a> in 2003. The war ended with the signing of a <a href="https://peacemaker.un.org/sites/peacemaker.un.org/files/LR_030818_Peace%20Agreement%20btwn%20GovLiberia%2CLURD%2CMODEL%20and%20the%20Political%20Parties.pdf">peace agreement</a>, but its <a href="https://www.huckmag.com/article/photos-capturing-the-invisible-scars-of-liberias-civil-war">scars</a> are still visible across the country. </p>
<p>Frustration around the soaring cost of living, cronyism, patronage, nepotism, and the culture of impunity which triggered the war is once again tearing the country of <a href="https://www.worldometers.info/world-population/liberia-population/">5.4 million</a> people apart. </p>
<p>There are also external factors that could undermine Liberia’s recent <a href="https://www.worldbank.org/en/news/press-release/2022/09/27/liberia-economic-update-prospects-for-inclusive-and-sustainable-growth">progress</a>. For example, the <a href="https://ecfr.eu/special/african-cooperation/mano-river-union/">Mano River Union</a>, a sub-regional body of which Liberia is a founding member, remains volatile. </p>
<p>The <a href="https://www.aljazeera.com/news/2021/9/11/uncertainty-in-guinea-after-military-coup-topples-alpha-conde">recent military coup</a> in Guinea, the <a href="https://www.euronews.com/2022/08/10/deadly-anti-government-protests-erupt-in-sierra-leone">anti-government protest</a> in Sierra Leone and <a href="https://monitor.civicus.org/explore/several-killed-protest-violence-president-ouattara-announces-third-term-bid/">the violence</a> around <a href="https://www.britannica.com/biography/Alassane-Ouattara">Alassane Ouattara</a>’s third-term re-election “victory” in Côte d’Ivoire are signals of vulnerability within the Mano River Union.</p>
<p>The next president will have to address three priorities to restore hope and confidence in Liberia’s recovery:</p>
<ul>
<li><p>national cohesion</p></li>
<li><p>corruption</p></li>
<li><p>stronger state institutions. </p></li>
</ul>
<p>My previous <a href="http://cscubb.ro/cop/ro/misiunea-ecomog-reevaluata/">analysis</a> of Liberia revealed the country’s inability to manage its internal conflicts. It also showed how Liberia’s reliance on regional powers like the <a href="https://ecowas.int/">Economic Community of West African States (Ecowas)</a> escalated and prolonged disputes. The next president must recognise these realities and address the three priority areas. </p>
<h2>Falling living standards</h2>
<p>There are growing concerns in Liberia that the <a href="https://www.britannica.com/biography/George-Weah">George Weah-led</a> administration is not doing enough to improve living standards. </p>
<p>There were high expectations of change when the president took office in 2018. Many expected him to lift them from poverty. They saw a real chance for a better future. Today, however, a good number of Liberians feel he has lost his connection with poverty and with the people who elected him into office. </p>
<p>Over <a href="https://databankfiles.worldbank.org/public/ddpext_download/poverty/987B9C90-CB9F-4D93-AE8C-750588BF00QA/AM2020/Global_POVEQ_LBR.pdf">50%</a> of Liberians live below the poverty line. The rising cost of basic commodities prevents families from meeting their food needs. </p>
<p>Weah alone is not responsible for all of Liberia’s problems. His administration inherited irregularities that plagued previous <a href="https://www.nytimes.com/2018/01/21/opinion/liberia-george-weah-inauguration.html">governments</a>. </p>
<h2>Endemic corruption</h2>
<p>Corruption shows up in many forms and at all levels in Liberia. It disrupts democratic decision-making processes, weakens public trust in government and undermines the rule of law. </p>
<p>The nation’s integrity institutions lack independence. They include the <a href="https://www.iaaca.net/node/294">Liberian Anti-Corruption Commission</a>, the <a href="https://gac.gov.lr/">General Audit Commission</a> and the <a href="https://www.leiti.org.lr/">Liberia Extractive Industries Transparency Initiative</a>. </p>
<p>These agencies were created to curb corrupt practices. But they lack political independence, capacity and resources. </p>
<p>They are further weakened by a <a href="https://www.theafricareport.com/316010/in-liberia-corruption-sanctions-are-not-a-deterrent-for-candidates/">culture of impunity</a>. And managerial appointments are often made on the basis of cronyism (jobs for friends and colleagues) and patronage (using state power to reward selected voters for electoral support). </p>
<p>Corruption is prevalent in the judiciary too. Judges solicit bribes in exchange for <a href="https://home.treasury.gov/news/press-releases/jy0921">decisions</a> that favour offenders. </p>
<p><a href="https://www.reuters.com/article/us-liberia-politics-idUSKBN1FB24B">President George Weah</a> and his <a href="https://www.bbc.com/news/world-africa-19876111">predecessor</a>, Ellen Johnson Sirleaf, ran on the promise of fighting corruption. Both failed to live up to their commitment.</p>
<p>In 2017, after her terms as head of state, Sirleaf <a href="https://www.voanews.com/a/liberia-leader-acknowledges-failure-anti-corruption-fight/3690703.html">admitted</a> that her government had not done enough to fight corruption. </p>
<p>In 2022 Weah had to suspend three of his top officials after the <a href="https://www.aljazeera.com/economy/2022/8/15/us-sanctions-3-senior-liberian-government-officials">US imposed sanctions</a> on <a href="https://www.state.gov/imposing-sanctions-on-senior-liberian-government-officials/">them</a> for corruption and abuse of state functions. No investigation has been launched and none has been prosecuted. </p>
<p>Weah himself has faced serious criticism for his refusal to declare his <a href="https://blogs.lse.ac.uk/africaatlse/2023/10/03/liberias-president-weah-must-be-removed-from-power-democratically/">assets</a> upon taking office and for <a href="https://www.globalwitness.org/en/press-releases/global-witness-condemns-illegal-interference-liberian-transparency-and-anti-corruption-agency/">violating</a> Liberia Extractive Industries Transparency Initiative’s standard procedures. </p>
<p>The country <a href="https://tradingeconomics.com/liberia/corruption-rank">ranks 142nd</a> out of 180 countries in the corruption perception index. It could slide back into chaos unless the next leader takes serious actions.</p>
<p>Like Sirleaf, Weah pledged to build an equal, fair and just Liberia. But his lack of action in the fight against corruption sends the wrong message to development partners. And it undermines voters’ confidence in the electoral system. </p>
<p>Voters’ confidence in the upcoming poll is already low. A study by the <a href="https://www.afrobarometer.org/organisation/center-democratic-governance/">Center for Democratic Governance</a> in Liberia shows only <a href="https://www.afrobarometer.org/wp-content/uploads/2023/04/News-release-Trust-in-elections-commission-weak-as-Liberians-approach-elections-Afrobarometer-3april23.pdf">34%</a> of Liberians believe in the ability of the <a href="https://www.necliberia.org/">National Elections Commission</a> to hold a free and fair elections. </p>
<p>The lack of trust in the electoral system is reinforced by the commission’s <a href="https://www.liberianobserver.com/liberia-necs-failure-publish-final-vr-raises-concerns">failure </a> to release the final voter roll 16 days before the elections. This has cast further doubt on the commission’s credibility and neutrality. </p>
<h2>Impunity</h2>
<p>There is also anger over the government’s failure to <a href="https://www.hrw.org/news/2022/12/05/briefing-note-call-war-crimes-court-liberia">establish tribunals</a> to try individuals accused of war crimes, as recommended by Liberia’s <a href="https://hmcwordpress.humanities.mcmaster.ca/Truthcommissions/wp-content/uploads/2018/10/Liberia.TRC_.Report-FULL.pdf">Truth and Reconciliation Commission</a>. </p>
<p>Victims of the war want to see warlords <a href="https://www.bbc.com/news/world-africa-67017365">punished</a> for their crimes. But the call for justice is ignored as Weah and politician Joseph Boakai (Sirleaf’s vice-president from 2006 to 2018) forge stronger <a href="https://www.liberianobserver.com/betrayal-trust-weahs-and-boakais-pact-warlords-amidst-liberias-cry-justice">alliances</a> with perpetrators and war profiteers. </p>
<p>Weah’s 2017 election victory was largely attributed to the support he received from warlord <a href="https://www.reuters.com/article/uk-liberia-election-idUKKBN1CV2IL">Prince Johnson</a>. Weah was also supported by Jewel Howard Taylor, his vice-president and ex-wife of <a href="https://www.aljazeera.com/opinions/2012/4/27/charles-taylor-trial-highlights-icc-concerns">Charles Taylor</a>, Liberia’s 22nd president, convicted for <a href="https://www.ohchr.org/en/statements/2013/11/crc-welcomes-charles-taylor-conviction-deterrent-use-children-armed-conflict">atrocities</a> committed in Sierra Leone. </p>
<p>Weah and Johnson have long parted ways. Johnson has given his <a href="https://www.semafor.com/article/10/02/2023/liberia-election-boakai-weah">support</a> for the 2023 general elections to 78-year-old Boakai. </p>
<p>However, Weah is not isolated. He still enjoys popular support from his status as a football star, his coalition with Taylor, and his new alliance with <a href="https://frontpageafricaonline.com/politics/liberia-former-rebel-commander-roland-duo-campaigns-on-war-kills-says-he-fought-more-than-prince-johnson-so-he-deserves-a-senatorial-seat-for-nimba-county/">Roland Duo</a>, a former rebel commander who boasts of his crimes. </p>
<p>Former warlords control large voting blocs, sought after by presidential candidates. Establishing a war crime court would amount to political suicide. </p>
<p>But the new president must introduce genuine reforms and promote good governance if he is to sustain peace or govern a region filled with political backstabbing, resource competition and the struggle for new global alliances. </p>
<h2>Way forward</h2>
<p>The next head of state must act decisively on deep-rooted and unresolved grievances. </p>
<p>He or she must address public sector corruption, grant full independence to the nation’s transparency institutions and provide adequate resources for the Liberian Anti-Corruption Commission and the General Audit Commission to hold offenders accountable. </p>
<p>Liberia’s next president must ensure that the recommendations of the General Audit Commission are followed through and empower the Liberia Anti-Corruption Commission to investigate and indict those suspected of bribery, embezzlement and illicit enrichment. </p>
<p>Low-level corruption should not go unpunished. That includes things like patients paying bribes for medical treatment, and teachers demanding special favours from students to pass an exam.</p>
<p>Liberians hope for a better future as 10 October approaches.</p><img src="https://counter.theconversation.com/content/215181/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Charles Wratto does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Liberia’s next president must restore national cohesion, tackle corruption, and strengthen state institutions.Charles Wratto, Associate Professor of Peace, Politics, and Conflict Studies, Babes Bolyai University Licensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2149752023-10-05T12:18:21Z2023-10-05T12:18:21ZJohannesburg has been hit by severe water shortages: new plan to manage the crisis isn’t the answer<p><em>Johannesburg and its surrounds, at the centre of the industrial heartland of South Africa, have been hit by severe water cuts. Water interruptions have been happening <a href="https://theconversation.com/south-africas-biggest-cities-are-out-of-water-but-the-dams-are-full-whats-gone-wrong-192762">for years</a>, but they have been scaled up dramatically in recent weeks. The deteriorating situation recently forced the Minister of Water and Sanitation, Senzo Mchunu, to intervene. On 27 September he announced a new initiative – <a href="https://www.dws.gov.za/Communications/PressReleases/2023/MS%20-%20Water%20and%20Sanitation%20Ministry%20calls%20for%20improved%20water%20supply%20management%20in%20GP_F.pdf">“water-shifting”</a>. The proposal has echoes of “<a href="https://www.joburg.org.za/departments_/Pages/MOEs/city%20power/What-is-load-shedding.aspx">load-shedding</a>”, the term used for the planned power outages which have become a common feature of life for all South Africans. Anja du Plessis, a water management expert, explains the new water initiative.</em></p>
<h2>When did water outages start, and what are the latest developments?</h2>
<p><a href="https://www.gov.za/sites/default/files/gcis_document/202208/47133gon2327.pdf">Freshwater challenges</a> are a frequent occurrence in South Africa. These include increased pressure on the amount of freshwater available for use, unequal distribution and lack of access to clean water and sanitation services. </p>
<p>Gauteng province, the country’s economic hub, has not been spared. The water crisis has been driven by a number of factors: </p>
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<li><p>the <a href="https://theconversation.com/south-africas-biggest-cities-are-out-of-water-but-the-dams-are-full-whats-gone-wrong-192762">overall decay in the quality and state of water infrastructure</a> – it is at risk of total collapse in some areas</p></li>
<li><p>droughts </p></li>
<li><p>alleged corruption, which has affected the functioning of municipalities and municipal treatment plants.</p></li>
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Read more:
<a href="https://theconversation.com/cholera-in-south-africa-a-symptom-of-two-decades-of-continued-sewage-pollution-and-neglect-206141">Cholera in South Africa: a symptom of two decades of continued sewage pollution and neglect</a>
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<p>Neither the national nor regional water authorities have managed to find solutions to the water crisis. Rather, the situation has deteriorated. In the last few months some consumers, such as those living in the suburb of <a href="https://www.enca.com/top-stories/taps-still-dry-brixton-and-other-parts-joburg">Brixton</a>, west of central Johannesburg, have had dry taps for more than three weeks. </p>
<p>Water tankers have been brought in to provide supplies. But residents complain that these are <a href="https://www.dailymaverick.co.za/article/2023-09-22-johannesburg-waters-haemorrhaging-supply-continues-to-dry-up-leaving-desperate-residents-pleading-for-relief/">unreliable</a> and they don’t trust <a href="https://www.timeslive.co.za/news/south-africa/2023-09-29-explained-what-is-water-shifting-and-why-is-gauteng-introducing-it/">the quality of water</a>. Some people use it only to bath and flush toilets, and buy bottled water for drinking and cooking. </p>
<p>Three weeks ago the national and regional water authorities announced a plan that would spread the impact of water cuts between communities. The term the politicians coined for the new measures is “<a href="https://www.dws.gov.za/Communications/PressReleases/2023/MS%20-%20Water%20and%20Sanitation%20Ministry%20calls%20for%20improved%20water%20supply%20management%20in%20GP_F.pdf">water-shifting</a>”.</p>
<h2>What is ‘water-shifting’ and how will it work?</h2>
<p>The plan is to begin “sharing” water to take the pressure off the worst affected areas. By and large, high-lying areas of the city have been the <a href="https://www.timeslive.co.za/news/south-africa/2023-09-29-explained-what-is-water-shifting-and-why-is-gauteng-introducing-it/">hardest hit</a>.</p>
<p>The reason for this is that the <a href="https://mes100.com/docs/water-reticulation-benchmark/#:%7E:text=Water%20reticulation%20is%20water%20distribution,and%20delivered%20to%20its%20destination.">distribution of water</a> requires pressure, which comes from a water source – a reservoir or water tower. When pressure is lost within the system, high-lying areas are usually affected first as there is not enough pressure in the system to get the water to them. </p>
<p>Pressure is lost when reservoirs reach critically low levels. This can happen as a result of leakages, burst pipes, above-average water consumption or <a href="https://theconversation.com/power-cuts-in-south-africa-are-playing-havoc-with-the-countrys-water-system-197952">power outages which affect pump stations</a>. </p>
<p><a href="https://ewn.co.za/2023/09/22/water-systems-out-of-capacity-or-on-their-knees-warns-joburg-water">Any of these can</a> lead to pressure decreasing at a rapid rate. </p>
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<strong>
Read more:
<a href="https://theconversation.com/power-cuts-in-south-africa-are-playing-havoc-with-the-countrys-water-system-197952">Power cuts in South Africa are playing havoc with the country's water system</a>
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<p>Johannesburg’s water utility, <a href="https://www.randwater.co.za/">Rand Water</a>, plans to shift water from a reticulation system with sufficient pressure to a struggling system. The idea is to provide an <a href="https://www.dws.gov.za/Communications/PressReleases/2023/MS%20-%20Water%20and%20Sanitation%20Ministry%20calls%20for%20improved%20water%20supply%20management%20in%20GP_F.pdf">equitable supply of water to municipal customers</a>. </p>
<p>Rand Water will implement water-shifting as an interim measure to assist in the recovery of struggling reticulation systems. An implementation date has not been given. </p>
<p>But <a href="https://www.johannesburgwater.co.za/">Johannesburg Water</a>, which is responsible for supplying water to the city’s residents, needs to <a href="https://www.dws.gov.za/Communications/PressReleases/2023/MS%20-%20Water%20and%20Sanitation%20Ministry%20calls%20for%20improved%20water%20supply%20management%20in%20GP_F.pdf">develop and present a water management plan</a> to address the crisis. </p>
<h2>Could this crisis have been avoided?</h2>
<p>In short, yes. The Gauteng province metropolitan councils are perfect examples of the effects of poor water governance and management as well as lack of political will <a href="https://theconversation.com/south-africas-biggest-cities-are-out-of-water-but-the-dams-are-full-whats-gone-wrong-192762">over the past two decades</a>. This has led to a lack of investment and underfunding of bulk water and sanitation infrastructure. </p>
<p>The result is that the water infrastructure, from water supply to treatment, storage, water resources and management, <a href="https://www.gcro.ac.za/outputs/map-of-the-month/detail/water-interruptions-gauteng/">has fallen into disrepair</a>. Also at play is a lack of planning and management of growing water demands due to increased population, migration and expansion of settlements. The poor <a href="https://mg.co.za/special-reports/2022-03-15-water-conservation-and-water-demand-management-in-johannesburg/#:%7E:text=Johannesburg%20Water%20sources%20its%20water,other%20areas%20of%20the%20country">management and overall lack of water and sanitation delivery and services</a> is another factor.</p>
<p>There have been frequent water cuts in the province over the past five years. An estimated 30% of the province’s residents reported frequent water interruptions in <a href="https://www.gcro.ac.za/outputs/map-of-the-month/detail/water-interruptions-gauteng/">2017/18</a>, increasing to 33% in <a href="https://www.gcro.ac.za/outputs/map-of-the-month/detail/water-interruptions-gauteng/">2020/2021</a>. </p>
<p>Johannesburg isn’t alone. The <a href="https://www.gov.za/sites/default/files/gcis_document/202208/47133gon2327.pdf">poor state of water infrastructure across the country</a> has been an issue for many years.</p>
<p>A detailed account was <a href="https://saice.org.za/downloads/SAICE-2022-Infrastructure-Report-Card.pdf">set out</a> by the South African Institution of Civil Engineering in 2022. It showed that the country’s water infrastructure had deteriorated to the point that it was at risk of failing. The report called for prompt action to avoid severe water supply shortages. </p>
<p>Unfortunately, this wasn’t heeded.</p>
<p>Other factors have contributed to the water crisis too. </p>
<p>Firstly, there’s been continuous high consumption by consumers, partly due to increased temperatures. The province’s residents consume an estimated <a href="https://twitter.com/Rand_Water/status/1580919219176189953">300 litres</a> (which includes water losses) each a day, compared to the global average of 173 litres. </p>
<p>Another factor has been the amount of water being lost. In Johannesburg, for example, a minimum of 41% of treated potable water supplied by Rand Water to Johannesburg Water is lost before it even reaches the consumer. This is referred to as <a href="https://ws.dws.gov.za/IRIS/releases/NDWR.pdf">non-revenue water by the municipality</a>. Water is primarily lost through leakages and bursting pipes, attributed to <a href="https://theconversation.com/south-africas-biggest-cities-are-out-of-water-but-the-dams-are-full-whats-gone-wrong-192762">poor operation and maintenance</a>.</p>
<h2>Is ‘water-shifting’ a solution?</h2>
<p>The Minister of <a href="https://www.dws.gov.za/Communications/PressReleases/2023/MS%20-%20Water%20and%20Sanitation%20Ministry%20calls%20for%20improved%20water%20supply%20management%20in%20GP_F.pdf">Water and Sanitation</a> has made it clear that this is an interim measure. </p>
<p>But even as an interim measure it will require a high level of political will as well as technical expertise <a href="https://www.timeslive.co.za/news/south-africa/2023-09-29-explained-what-is-water-shifting-and-why-is-gauteng-introducing-it/">to work</a>. </p>
<p>“Water-shifting” should not be a permanent measure or become the norm as it does not address the cause of the current crisis. Potable water will still be lost through leaking and burst pipes.</p>
<p>Relevant stakeholders, including the Department of Water and Sanitation, Rand Water and municipalities such as the City of Johannesburg need to stop the blame game and work together to address the primary causes of the water challenges, instead of the symptoms. The dilapidated state of water infrastructure needs to be addressed as a matter of urgency to avoid water rationing.</p><img src="https://counter.theconversation.com/content/214975/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Anja du Plessis does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>‘Water-shifting’ should not be a permanent measure. It does not address the cause of the current crisis.Anja du Plessis, Associate Professor and Water Management Expert, University of South AfricaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2130952023-09-08T12:49:39Z2023-09-08T12:49:39ZJohannesburg fire: there was a plan to fix derelict buildings and provide good accommodation - how to move forward<p>Thousands of Johannesburg inner-city residents occupy buildings in conditions like those that led to the <a href="https://theconversation.com/johannesburg-fire-disaster-why-eradicating-hijacked-buildings-is-not-the-answer-212732">fire at 80 Albert Street</a> that killed at least 77 people. They are living in derelict multi-storey buildings, former office blocks, sectional title buildings, tenements, warehouses and factories.</p>
<p>The residents are mostly informal, unsalaried or poorly paid workers. Some are unemployed or on welfare grants. They <a href="https://www.jstor.org/stable/10.18772/22019103849.16">can’t afford even the lowest priced formal rental</a> or social housing in the inner city. Even if they could, they would be excluded by high demand and low supply.</p>
<p><a href="https://www.jstor.org/stable/10.18772/22019103849.20">The accommodation they can access</a> frequently lacks running water and sanitation, security, ventilation, lighting and formal electricity.</p>
<p>Rooms are <a href="https://www.jstor.org/stable/10.18772/22019103849.21">subdivided</a> with wood or cardboard. Electricity cabling, candles, paraffin lamps and generators contribute to the ever-present pollution and risk of fire. Homes and families’ lives are carved in the shadows of failing or non-existent infrastructure.</p>
<p>We are academics in the fields of urban planning, architecture and housing. We’ve applied our expertise to questions of urbanisation, poverty, housing design and management, housing rights and the inner city over many years.</p>
<p>Various complex factors have led to the occupation of abandoned inner city buildings under precarious conditions. The city’s approach to this reality evolved into a sophisticated and nuanced <a href="https://www.wits.ac.za/media/wits-university/faculties-and-schools/-engineering-and-the-built-environment/architecture-and-planning/documents/jhb-innercity-housing-strategy2014-2021.pdf">housing plan adopted in 2017</a>. It was only partially implemented. While the city needs to refocus on this plan, immediate safety interventions are needed in occupied buildings. Many of them lend themselves to retrofitting or conversion. Existing management structures that involve residents offer lessons. </p>
<h2>Johannesburg’s intervention plans</h2>
<p>Constitutional jurisprudence protects what it calls “unlawful occupiers” from evictions that would lead to homelessness and requires the state to provide alternative accommodation. </p>
<p>Key to this jurisprudence, the 2011 <a href="https://journals.co.za/doi/epdf/10.2989/CCR.2013.0011">Blue Moonlight case</a> put an end to the city’s policy of handing precariously occupied buildings to the private sector for profitable development.</p>
<p>The city has recognised that expansion of low-income housing is a critical part of the solution. In 2014 Mayor Parks Tau’s ANC administration <a href="https://www.gpma.co.za/news/ichip-presentation-2017/">commissioned a strategy and housing plan</a> which was approved by Herman Mashaba’s (DA-led) mayoral committee in 2017. The plan is concerned with the needs of the poor, though addressing all income groups. It takes an inclusive, contextual, practical approach that promotes choice.</p>
<p>The plan includes providing emergency services to critical buildings, and temporary emergency accommodation. It sets out strategies to increase supply of temporary and permanent housing by private providers, city entities and social housing institutions. This includes mechanisms for very low-income accommodation, including subsidised rental rooms.</p>
<p>The plan was well received but never adequately funded or <a href="https://www.dailymaverick.co.za/article/2023-09-05-inner-city-housing-joburg-has-a-plan-it-just-hasnt-implemented-it/">carried out</a>. The projected budget for temporary emergency accommodation and alternative rental units for those evicted for 2017/2018 to 2021/22 was R561 million (US$29 million). Only just over one third was allocated.</p>
<p>In 2021, the city developed a <a href="https://joburg.org.za/departments_/Documents/Housing/TEAP%20Policy%20February%202021%20Approved.pdf">draft policy</a> for temporary emergency accommodation. It also reviewed the availability of such accommodation. Its housing department estimated it would need to provide 10,000 additional rooms or rental units to evicted communities. At the time under 2,000 units were already built, but mostly occupied or allocated. The city had projects to develop under 5,000 more units. Even if all current and future projects were fully funded and complete, which could take several years, they would cover less than half the existing need.</p>
<p>The approved plan acknowledged that criminals exploited residents by collecting rent in some buildings such as 80 Albert Street. The municipal-owned Johannesburg Property Company, which manages the city’s vast property portfolio, seemingly owner of several occupied buildings, has not released its inventory of properties.</p>
<p>Much of the housing plan’s analysis, approach and proposals remain relevant today. It has not been publicly available on the internet. We <a href="https://www.wits.ac.za/media/wits-university/faculties-and-schools/-engineering-and-the-built-environment/architecture-and-planning/documents/jhb-innercity-housing-strategy2014-2021.pdf">placed it</a> on the <a href="https://www.wits.ac.za/cubes/publications/media-articles-podcast-and-popular-press/">Centre for Urbanism & Built Environment Studies website</a> to inform ongoing responses to the inner-city housing emergency.</p>
<h2>A way forward</h2>
<p>As government departments seek to make funds available, solutions must build on existing knowledge and plans, local insight, expertise, experience and ongoing dialogue. We recommend a multi-pronged and coordinated strategy.</p>
<p>Supply of emergency and temporary accommodation alone cannot solve the crisis. Similarly, militarised police solutions are unconstitutional and incapable of addressing housing and safety in the inner city.</p>
<p>The COVID-19 pandemic triggered <a href="https://www.newframe.com/lockdown-forces-ministry-to-address-shack-settlements/">innovative ideas for retrofitting interventions</a> in informal settings, including safe access to water. The roll-out of water tank to areas with insuffucient water supply showed a capacity to respond to crises. With this hindsight, relevant government departments should focus their budgets on providing basic safety for occupied buildings in the immediate term.</p>
<p>Immediate responses should not involve removing occupants but enhancing safety through fire hydrants and extinguishers, emergency exits and clearing blocked access routes. Climate funds should be used to retrofit occupied buildings with solar panels, rainwater harvesting and other “green” measures.</p>
<p>Temporary containers can be placed alongside buildings for secure storage of items. In time, alternative partitioning materials must be introduced. Where one-way fire doors and fire wells exist, emergency LED lighting and mechanical door closers can be fitted.</p>
<p>Several buildings and communities are ready for these incremental improvements. Occupying communities are organised. The <a href="https://www.facebook.com/p/Inner-city-federation-100069194417981/?paipv=0&eav=AfYM_UEIAaLdQqHtcbsI7GU7vCU8UVEhljOCeSUaUqwuOtFfXlAyGTH3eLsljeF6iv8&_rdr">Inner City Federation</a> already represents committees of over 70 buildings. They are mobilising to improve basic living conditions and to get rid of criminal syndicates. The <a href="https://icrc.org.za/">Inner-City Resource Centre</a> also has experience in community-based projects and engaging residents and the state. Collective tenure solutions such as <a href="https://www.jstor.org/stable/10.18772/22019103849.18">community land trusts</a> can be considered.</p>
<p>Any accommodation with shared facilities requires high levels of management. Successful models include co-management with residents. These are already in place in several buildings. Where temporary shelters have become <em>de facto</em> permanent, urban management must adjust and not be abandoned, as at 80 Albert Street.</p>
<p>Opportunities for social housing and emergency shelter lie in the building register of the Johannesburg Property Company and other public entities. As <a href="https://www.theguardian.com/cities/2017/may/25/spatial-apartheid-housing-activists-occupy-cape-town-gentrification">activists</a> and <a href="https://housingfinanceafrica.org/documents/urban-land-reform-in-south-africa-the-potential-of-public-property-and-impact-of-public-investments/">researchers</a> have pointed out, underused or vacant publicly owned land and buildings offer potential.</p>
<p>Private sector and social housing companies already respond in various ways with <a href="https://afhco.co.za/to-let/residential/">well managed low-income rental models</a>. However, qualification criteria and rents may just be <a href="https://developingeconomics.org/2021/11/10/inner-city-pressure-and-living-somewhere-in-between/">out of reach</a> for those in need. Faith-based organisations and non-profits have much to offer.</p>
<p>The challenges are global and responses in other contexts offer useful insights. Metropoles such as São Paulo have <a href="https://www.academia.edu/45033377/Ocupa%C3%A7%C3%B5es_de_moradia_no_centro_de_S%C3%A3o_Paulo_trajet%C3%B3rias_formas_de_apropria%C3%A7%C3%A3o_e_produ%C3%A7%C3%A3o_populares_do_espa%C3%A7o_e_sua_criminaliza%C3%A7%C3%A3o">extensive high-rise housing stock</a>, partly unused and informally occupied. In 2018, a building in São Paulo occupied by 171 families collapsed after a fire, killing seven people. In response, a multi-sector task force produced <a href="https://polis.org.br/wp-content/uploads/2021/06/Situacao-das-ocupacoes-na-cidade-de-Sao-Paulo.pdf">a report</a> calling for measures to increase safety in occupied buildings. In some buildings, housing movements trained residents in disaster readiness – <a href="http://www.labcidade.fau.usp.br/brigada-de-incendio-do-prestes-maia-e-organizacao-das-familias-evita-tragedia/">preventing another potentially catastrophic fire</a>.</p>
<p>After <a href="https://www.bbc.com/news/uk-40301289">London’s Grenfell Tower fire in 2017</a>, which killed 72 people, rules were amended governing surveys and plans, material flammability, fire safety equipment, signage and lights.</p>
<p>Architects have proposed <a href="https://normanfosterfoundation.org/?project=essential-homes-research-project">innovative</a> and just <a href="https://masteremergencyarchitecture.uic.es/blog/">solutions to crises</a> in other large metropoles. In Johannesburg, the current downturn in the building industry means new graduates are a potential workforce requiring practical experience. With state support, architects experienced in <a href="https://www.domusweb.it/en/architecture/2013/05/20/marlboro_south.html">documentation</a>, <a href="https://docomomojournal.com/index.php/journal/article/view/167">renovation</a>, reuse of <a href="https://localstudio.co.za/architecture/multi-family-housing/">commercial</a> and <a href="https://savagedodd.co.za/Portfolio/slava-village-boksburg-johannesburg/">retail</a> space, and <a href="https://changebydesignjoburg.wordpress.com/change-by-design-2023-joburg/">participation</a> could mentor them.</p>
<p>We call for regular and institutionalised discussion forums in which academics, community leaders, NGOs and the private sector exchange insights with politicians and officials.</p>
<p><em><a href="https://affordablehousingactivation.org/experts/heather-dodd/">Heather Dodd</a>, a partner in Dodd + Savage Architects, contributed to this article.</em></p><img src="https://counter.theconversation.com/content/213095/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Marie Huchzermeyer is a board member of the NGO Planact and a member of SACPLAN (the South African Council of Planners). She received funding from the NRF up until 2019. From 2016-2025 she receives funding from DAAD (German Academic Exchange Service). </span></em></p><p class="fine-print"><em><span>Amira Osman receives funding from Amira Osman receives funding from The National Research Foundation (NRF) and the Tshwane University of Technology. </span></em></p><p class="fine-print"><em><span>Hannah le Roux receives funding from The National Research Foundation (NRF)</span></em></p><p class="fine-print"><em><span>Margot Rubin receives funding from the NRF through Off-Grid Cities project. I am also a visiting lecturer at the Wits School of Architecture and Planning and a visiting researcher at the GCRO.</span></em></p><p class="fine-print"><em><span>Matthew Wilhelm-Solomon received funding from the Volkswagen Foundation "Knowledge for Tomorrow - Cooperative Research Projects in Sub-Saharan Africa" postdoctoral grant between 2013-2016</span></em></p><p class="fine-print"><em><span>mfaniseni Fana Sihlongonyane receives funding from Gauteng City Region Observatory Board, Wits university. He is affiliated with South African Council of Planners and the Centre for Urbanism and Built Environment Studies (CUBES).
</span></em></p><p class="fine-print"><em><span>Neil Klug is a member of South African Council of Planners (SACPLAN) and the Centre for Urbanism and the Built Environment Studies (CUBES). He has worked for consultancies involved in low-income housing policy formulation, and contributed to the City of Johannesburg's Temporary Emergency Housing Provision (TEAP) policy as part of a consultancy led by Lawyers for Human Rights. </span></em></p><p class="fine-print"><em><span>Philip Harrison receives funding from the National Research Foundation.</span></em></p><p class="fine-print"><em><span>Priscila Izar receives funding from the University of Witwatersrand Research Office and from the Urban Studies Foundation in Scotland. </span></em></p><p class="fine-print"><em><span>Sarah Charlton has worked for consultancies involved in low-income housing strategy and policy, and contributed to the Inner City Housing Implementation Plan led by RebelGroup. She has received funding for research from the NRF, Volvo Research and Educational Foundations, British Academy and ESRC.</span></em></p><p class="fine-print"><em><span>Sarita Pillay previously received funding from the National Research Foundation (NRF), IJURR Foundation and the Canon Collins Foundation for her PhD research. </span></em></p><p class="fine-print"><em><span>Tanya Zack consults in the field of low-income housing and informality strategy and policy development, and contributed to the Inner City Housing Implementation Plan led by RebelGroup.</span></em></p>Armed police interventions are unconstitutional and incapable of addressing housing and safety in the inner city.Marie Huchzermeyer, Professor, School of Architecture and Planning, University of the WitwatersrandAmira Osman, Professor of Architecture and SARChI: DST/NRF/SACN Research Chair in Spatial Transformation (Positive Change in the Built Environment), Tshwane University of TechnologyHannah le Roux, Associate professor of Architecture, University of the WitwatersrandMargot Rubin, Lecturer in Spatial Planning, Cardiff UniversityMatthew Wilhelm-Solomon, Writing fellow at the African Centre for Migration Studies, University of the WitwatersrandMfaniseni Fana Sihlongonyane, Professor of Development Planning and Urban Studies, University of the WitwatersrandNeil Klug, Senior Lecturer, University of the WitwatersrandPhilip Harrison, Professor School of Architecture and Planning, University of the WitwatersrandPriscila Izar, Centennial Postdoctoral Fellow, School of Architecture and Planning, Centre for Urbanism and Built Environment Studies, University of the WitwatersrandSarah Charlton, Associate Professor, University of the WitwatersrandSarita Pillay Gonzalez, Lecturer in the School of Geography, Archaeology and Environmental Studies, University of the WitwatersrandTanya Zack, Visiting senior lecturer, University of the WitwatersrandLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2120222023-09-05T15:07:08Z2023-09-05T15:07:08ZFrance in Africa: why Macron’s policies increased distrust and anger<p>French west Africa has experienced <a href="https://theconversation.com/why-west-africa-has-had-so-many-coups-and-how-to-prevent-more-176577">five coups</a> in the past three years. Underpinning most of these coups is <a href="https://www.bbc.com/news/world-africa-66406137">hostility</a> towards France, a former colonial authority. Mohamed Bazoum of Niger’s <a href="https://www.brookings.edu/articles/what-underlies-the-coup-in-niger/">downfall</a> in July 2023 comes after coups in <a href="https://www.aljazeera.com/news/2022/6/7/mali-military-promises-return-to-civilian-rule-in-march-2024">Mali</a> in August 2020, <a href="https://foreignpolicy.com/2022/12/06/chad-deby-coup-leader-democracy/">Chad</a> in April 2021, <a href="https://africacenter.org/spotlight/understanding-burkina-faso-latest-coup/">Burkina Faso</a> in September 2022 and Gabon in September 2023.</p>
<p>The perpetrators of these coups have, among their <a href="http://democracyinafrica.org/coups-in-west-africa-is-france-to-blame/">justifications</a>, mentioned the overbearing influence of France and its president, <a href="https://theconversation.com/macron-in-africa-a-cynical-twist-to-repair-the-colonial-past-while-keeping-a-tight-grip-189175">Emmanuel Macron</a>, in their affairs. The influence of France in military affairs and maintenance of dominance in business has been a key cog of the Macron agenda. Unlike other former colonial powers, France still has military <a href="https://www.lemonde.fr/en/france/article/2023/06/06/france-will-further-cut-back-military-presence-in-africa_6029304_7.html">bases</a> in Côte d'Ivoire, Senegal and Gabon. </p>
<p>At the same time, Macron has put forward <a href="https://www.nation.sc/archive/259549/macron-embraces-african-entrepreneurship">entrepreneurship</a> as the best form of development assistance. This strategic pivot away from personal relationships with African leaders is rooted in Macron’s <a href="https://jacobin.com/2021/03/emmanuel-macron-neoliberalism">neoliberal beliefs</a>. This is a political approach that favours free-market capitalism, deregulation and a reduction in government spending. </p>
<p>I am a <a href="https://www.uu.nl/staff/fplgerits">historian</a> who has <a href="https://www.tandfonline.com/doi/full/10.1080/14682745.2019.1576170">researched</a> the relationship between France and its former colonies.</p>
<p>In Africa, Macron’s neoliberal turn has stripped France of the long-standing myth that it was somehow a more benevolent coloniser because of the cultural links it established with African elites. Macron’s approach has only increased distrust and anger because a large military presence has not been replaced by a <a href="https://www.president.go.ke/new-financial-order-will-help-the-world-overcome-poverty-and-climate-change/#:%7E:text=President%20William%20Ruto%20has%20said,the%20hands%20of%20the%20few.%E2%80%9D">new international economic order</a>, but with <a href="https://www.politico.eu/article/france-emmanuel-macron-africa-reset-strategy-francafrique/">small-scale business deals and start-ups</a>. This is not what Africans <a href="https://digitallibrary.un.org/record/43?ln=en">wanted</a>, but it is what they got.</p>
<h2>Neoliberal values are French values</h2>
<p>Rather than a remaking of the economic and financial infrastructure, Macron has pushed entrepreneurship as development assistance: promoting start-ups and training Africa’s youth. <a href="https://www.afd.fr/fr">Agence Française de Dévelopment</a> (France’s main institution for policy implementation) is still investing in education, agriculture and infrastructure. But what Macron wants observers to notice is that increasingly, French development aid in Africa has to be run by French businesses. </p>
<p>French corporations are no longer making money in secret, as in the era of <a href="https://www.ips-journal.eu/topics/foreign-and-security-policy/macron-and-the-future-of-francafrique-6781/">Françafrique</a>. This was a period when French presidents supported African dictators to maintain influence. Rather, Macron’s speeches put forward business activities and neoliberal values as French values that benefit the continent. </p>
<p>This reliance on French culture and values can be seen as a continuation of a strategy that started with the French colonial project. Macron’s values, however, are the values of neoliberalism. At home he has pushed through a pension plan to limit French state debt. Abroad, he wants French development policy to be driven by private initiatives. </p>
<p>In light of that strategy, it becomes clear that sentiments among Africans have not become more anti-French. Rather, by elevating economics to a core value of his relationship to Africa, Macron has played into a widely accepted African worldview in which underdevelopment is the product of dependency on Europe and neocolonial exploitation.</p>
<p>Every visitor who talks to cab drivers or vendors in Dakar figures out quite quickly that the French are seen as colonisers first, possible friends second. What has changed is that Macron has unknowingly confirmed African suspicions about his intentions: he never wanted to change economic structures. Instead Africans get bread crumbs in the form of start-up money. </p>
<h2>The free market as the dividing line in west Africa</h2>
<p>Entrepreneurship is not universally loved on the continent. The belief in the free market as an engine for development has redrawn the battle lines in west Africa. Countries within the regional body Ecowas like Ghana, Nigeria and Senegal – which have had high economic growth in the past decade – are clashing with Niger, Mali and Burkina Faso – which have experienced deepening poverty. </p>
<p>While other African countries like Kenya are confronted with similar debates about how to stimulate development – Kenyan president William Ruto famously believes in the “<a href="https://www.france24.com/en/live-news/20220913-william-ruto-kenya-s-hustler-in-chief-president">hustler nation</a>” – climate change and terrorism have led to a more combustible mix in the Sahel. </p>
<p>The juntas that have come to power therefore do not only present themselves as caretakers who are trying to do the job politicians will not do. They are also claiming they want a new ideological direction for their countries. <a href="https://www.trtafrika.com/insight/ibrahim-traore-why-burkina-fasos-leader-attracts-attention-14479334">Ibrahim Traoré in Burkina Faso</a> has styled himself to be the successor to Thomas Sankara, <a href="https://www.bbc.com/news/world-africa-66282417">Assimi Goïta</a> has cast himself as a reformer not a revolutionary. </p>
<p>In the past, the fires of African instability and anti-French sentiment were fanned by the French underdelivering on their – sometimes cynical – promises of big structural change. Today, instability is being fed by the opposite. It is African leaders who demand big structural change, but are met with small business efforts to maintain French influence on the cheap.</p><img src="https://counter.theconversation.com/content/212022/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Frank Gerits does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The French president has struggled to maintain the influence his country gained in Africa through colonialism.Frank Gerits, Research Fellow at the University of the Free State, South Africa and Assistant Professor in the History of International Relations, Utrecht UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2127322023-09-02T09:29:19Z2023-09-02T09:29:19ZJohannesburg fire disaster: why eradicating hijacked buildings is not the answer<p>The fire that killed at least 76 people in a five storey building <a href="https://www.news24.com/news24/southafrica/news/joburg-fire-dying-in-agony-in-a-city-owned-deathtrap-20230901">in Johannesburg</a> on 31 August is not an isolated incident, and has elicited the usual unhelpful response from some city officials and politicians.</p>
<p>They <a href="https://www.google.com/search?sca_esv=561932315&rlz=1C1FKPE_enZA996ZA996&sxsrf=AB5stBgsuLcpby9TilRBTN3Gns0ydPwoyg:1693575557197&q=herman+mashaba&tbm=vid&source=lnms&sa=X&ved=2ahUKEwiVpvLLxImBAxX1SPEDHTxoD4YQ0pQJegQIChAB&biw=1707&bih=762&dpr=1.13#fpstate=ive&vld=cid:3cd64a0c,vid:WiQrZI9EwjY">have placed the blame</a> on the informal occupation of abandoned buildings, a phenomenon known as “hijacking”. They have also blamed immigrant populations who, they say, are the primary residents of such buildings. To solve the problem, they argue, hijacked buildings should be expropriated and redeveloped by the private sector.</p>
<p>A politician in the city council <a href="https://www.businesslive.co.za/bd/national/2023-08-31-joburg-inferno-raises-questions-over-citys-service-delivery-failures/">has also called</a> for “mass deportations” of “illegal foreigners”.</p>
<p>Based on my work as a researcher on how cities are built and transform at the <a href="https://www.gcro.ac.za/">Gauteng City-Region Observatory (GCRO)</a>, I argue that all of this is a distraction from the urgent work of reducing risks in the living environments of the poor, and reducing the risk of fire more generally. The observatory, a partnership between the Gauteng provincial government, the universities of the Witwatersrand and Johannesburg, and the South African Local Government Association, builds the data and analysis to help inform development in the Gauteng City-Region.</p>
<p>The rhetoric by politicians and city officials treats the latest tragedy as a freakish problem of hijacked buildings occupied by migrant populations. Yet as human geographer <a href="https://www.taylorfrancis.com/chapters/edit/10.4324/9781351261562-16/catastrophe-usual-nigel-clark">Nigel Clark</a> sadly notes, it is important to acknowledge the way in which catastrophes are a normal part of life – particularly for vulnerable groups – rather than exceptional or unusual events. </p>
<p>In Johannesburg, fires are not limited to “hijacked” buildings. They have also occurred in legally occupied buildings. Furthermore, fires are not a specific risk to inner city populations. They are a regular occurrence in shack settlements across the city. The use of this tragedy by some politicians to argue in favour of removing hijacked buildings is part of a longstanding pattern of blaming the poor for the conditions and justifying further suffering that they wish to heap on them. </p>
<h2>A pervasive problem</h2>
<p>There is no doubt that unscrupulous or negligent informal landlords bear much responsibility for failing to ensure basic fire safety. Yet this problem is not limited to hijacked buildings.</p>
<p>In 2018, emergency services were unable to contain a fire at the <a href="https://www.news24.com/news24/southafrica/news/bank-of-lisbon-fire-das-jack-bloom-accuses-govt-of-covering-up-findings-20221125">Bank of Lisbon Building</a> in downtown Johannesburg because there was insufficient water pressure in the building and no fire suppression systems had been installed. </p>
<p>Three firefighters died, and the building itself was subsequently demolished. The building had not been illegally occupied; it was rented by the Gauteng provincial government, which <a href="https://www.iol.co.za/news/south-africa/gauteng/joburgfire-firefighters-leave-building-due-to-low-water-pressure-16915344">was aware</a> that the building was non-compliant in advance of the incident. </p>
<p>Three years later, emergency services were hampered in their efforts to contain the fire at a public hospital, <a href="https://www.medicalbrief.co.za/what-really-happened-in-the-charlotte-maxeke-hospital-fire/">Charlotte Maxeke</a>, by incompatible fire hydrant couplings. As these cases show, eradicating “hijacked” buildings would not have solved failures to comply with fire regulations in legally occupied buildings in the city.</p>
<p>Nor would eradicating “hijacked” buildings remove the risk of fire posed to low income groups across the city as a whole. In Johannesburg more than one in ten households lives in an informal dwelling outside the city centre, either in shack settlements or in back yards. This is calculated from the Gauteng City-Region Observatory’s <a href="https://www.gcro.ac.za/research/project/detail/quality-life-survey-vi-202021/">Quality of Life 6 survey 2020/21</a>. </p>
<p>These kinds of settlements are also prone to fires as a result of the materials used to construct dwellings, the density of settlements and the risky sources of energy for heating, cooking and light. </p>
<p>Once again, some politicians and officials have arrived at the idea that since these settlements are not fit for human habitation, they should be eliminated. In 2006 the elected representative responsible for housing in the KwaZulu-Natal province announced <a href="https://abahlali.org/files/KZN%20Slums%20Act.pdf">legislation</a> </p>
<blockquote>
<p>to provide for the progressive elimination of slums. </p>
</blockquote>
<p>It would have forced private land owners to evict shack dwellers. But the shack dwellers movement <a href="https://abahlali.org/">Abahlali Basemjondolo</a> successfully <a href="https://abahlali.org/node/date/2009/10/">challenged</a> this initiative in the Constitutional Court.</p>
<h2>Disposable lives</h2>
<p>According to the geographer <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1468-2427.2009.00835.x">Martin Murray</a>, shack fires underscore the disposability of the lives of the poor. South Africa’s acute levels of inequality and poverty mean that some people can afford to buy their way out of risks while others cannot. </p>
<p>Inner city occupations and shack settlements alike are the inevitable consequence of the fact that huge populations of people have to get by without a living wage. If these households earned higher wages, they would not choose to live in places that were at risk of fire, flooding and other potential disasters. </p>
<p>As with the push to evict shack dwellers, the impulse to evict the residents of hijacked buildings conflates unsafe living conditions with those who live in them. A similar conflation occurs on the imagined solution: eradicating the problem means eradicating communities of people in which the problem manifests. In other words, the language of eradication blames the victims of social inequality for their own suffering, and sets the stage for exposing them to further risk.</p>
<h2>Helping without eradicating</h2>
<p>Cyril Ramaphosa, South Africa’s president, <a href="https://ewn.co.za/2023/08/31/joburg-cbd-fire-wake-up-call-for-govt-to-provide-habitable-housing-ramaphosa">stated</a> that the fire was a wake up call for the government to provide habitable housing. Government does indeed have a vital role to play in promoting the right to decent housing for all. It needs to do so in a way that takes into account the full complexity of the structural conditions at play, providing giveaway housing, or working with other stakeholders to correct for failings in the housing market that leave poor and working class people without affordable options. </p>
<p>A good example is the City of Johannesburg’s recent <a href="https://housingfinanceafrica.org/app/uploads/City-of-Johannesburg-Inclusionary-Housing-2019.pdf">inclusionary housing policy</a> that obliges developers to include affordable housing in all projects. Much more should be done by the state to provide housing. </p>
<p>Yet informal settlements and illegal occupations of inner city buildings will not be eradicated – no matter how many houses the state builds – as long as <a href="https://www.worldbank.org/en/country/southafrica/overview">acute levels of unemployment and poverty</a> continue. Rather than abandoning residents of such places until they can be formally accommodated, or rendering them homeless through eviction, they need to be supported where they live or provided with alternative accommodation. </p>
<p>The living environments of the poor can be made less risky. The epidemic of shack fires can be reduced with fire breaks and fire fighting infrastructure. Similarly, the risk of fire in inner city buildings can be reduced by enforcing tried and tested fire regulations: ensuring that fire escapes and fire fighting infrastructure are functional. Authorities should compel landlords – whether informal or formal – to implement them. </p>
<p>These and many other measures – rather than the impulse to “eradicate” – are the basis through which society cares for vulnerable people.</p><img src="https://counter.theconversation.com/content/212732/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Gauteng City-Region Observatory (GCRO) is primarily funded by the Gauteng Provincial Government. </span></em></p>Inner city occupations and shack settlements alike are the inevitable consequence of the fact that huge populations of people have to get by without a living wage.Richard Ballard, Chief Researcher: Gauteng City-Region Observatory, Wits University and University of Johannesburg, University of the WitwatersrandLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2120212023-08-31T13:59:12Z2023-08-31T13:59:12ZSuspension of two South African judges has opened up debates about bad working conditions and poor delivery of justice<p>The <a href="https://www.thepresidency.gov.za/press-statements/president-places-justices-maumela-and-mngqibisa-thusi-suspension">suspension of two judges</a> in South Africa for tardiness – failing to process cases in a reasonable amount of time – has sparked fierce debates around the conditions under which judges work. There are implications for the administration of justice in a young democracy.</p>
<p>The decision to suspend the judges caught the attention of the media because both were involved in high profile murder cases. Both cited ill-health and personal problems as a reason for their tardiness.</p>
<p>The decision to suspend them was not unanimous, <a href="https://ewn.co.za/0001/01/01/jsc-split-over-suspension-of-judges-who-failed-to-deliver-judgements-on-time">according to media reports</a>. Two judges on the Judicial Service Commission panel that considered the cases argued that suspension was too harsh. They argued for a more open-minded approach that recognised the judges’ mental health and working environment.</p>
<p>Based on my close to three decades of legal experience I would argue that empathy is understandable but the judiciary must be held to account. One reason judges need to do their jobs well is that confidence in the courts in South Africa is low and on the decline. This is illustrated by a longitudinal study conducted by the Human Sciences Research Council’s <a href="http://archivesite.hsrc.ac.za/en/departments/sasas?_gl=1*1fljwft*_ga*MTM3MDA1OTM4MS4xNjgyNTI1Mjc2*_ga_6KN2L6JN85*MTY4MjUyNTI3NS4xLjEuMTY4MjUyNTI5MC4wLjAuMA..*_ga_8T91XDZ2CX*MTY4MjUyNTI3NS4xLjEuMTY4MjUyNTI5MC4wLjAuMA..&_ga=2.78387604.1479165019.1682525277-1370059381.1682525276">South African Social Attitudes Survey</a>. </p>
<p>Poor performance affects perceptions of the judiciary and must be addressed. Nevertheless, it’s important to acknowledge that South Africa’s judges work in less than optimal conditions. These have been well documented. But they haven’t been addressed. It’s time the state did so.</p>
<h2>Poor conditions</h2>
<p>The challenges facing South African judges were <a href="https://www.judgesmatter.co.za/opinions/issues-facing-the-judiciary-in-2021/">highlighted</a> by Judges Matter, part of the Democracy, Governance and Rights Unit at the University of Cape Town, which considers matters related to judicial independence. They included:</p>
<ul>
<li><p>the high number of unfilled vacancies for judges, exacerbated by COVID-19 pandemic</p></li>
<li><p>increase in misconduct complaints against judges </p></li>
<li><p>case backlogs </p></li>
<li><p>weak judicial governance on the part of the Office of the Chief Justice </p></li>
<li><p>lack of accountability and lack of transparency in the Judicial Service Commission, which has been overly politicised </p></li>
<li><p>increased work load, particularly in the light of the judicial commission of inquiry into corruption </p></li>
<li><p>constant attacks by political figures.</p></li>
</ul>
<p>When the <a href="https://www.judiciary.org.za/index.php/judicial-service-commission/about-the-jsc">Judicial Service Commission</a>, established in terms of section 178 of the constitution to advise the national government on any matters relating to the judiciary or administration of justice, interviewed Constitutional Court judge Mandisa Maya in December 2021 for the position of chief justice, her responses were telling. She was forthright in describing the administrative and infrastructural challenges facing the judiciary. </p>
<p>Maya <a href="https://www.judgesmatter.co.za/interviews/judge-mandisa-maya/">described</a> how she and her support staff at the Constitutional Court had been forced to run a parallel office and physically manage court files to ensure that basic but essential administrative functions were carried out – work that is not meant for judges. </p>
<p>She described the court’s internet as “highly unreliable” and recounted an instance where an online hearing was only made possible when one of the lawyers lent the court an internet router. She added that the court did not even have a working telephone system. </p>
<p>Justice Maya, who was eventually appointed deputy chief justice <a href="https://theconversation.com/south-africa-has-its-first-woman-deputy-chief-justice-heres-who-she-is-176896">in February 2022</a>, was not voicing new concerns.</p>
<p><a href="https://www.judgesmatter.co.za/opinions/state-of-the-judiciary-in-malawi-namibia-and-south-africa/">A 2022 research report</a> by the University of Cape Town’s democratic governance unit shows that other judges echoed Maya’s concerns about poorly maintained libraries, no telephones, outdated computers and the crumbling state of high court buildings. The challenges faced by judges in the higher courts are even more prevalent in magistrate’s courts. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/south-africans-are-fed-up-with-their-prospects-and-their-democracy-according-to-latest-social-attitudes-survey-204566">South Africans are fed up with their prospects, and their democracy, according to latest social attitudes survey</a>
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<h2>What needs to be done</h2>
<p>As things stand, the Office of the Chief Justice is responsible for some aspects of judicial administration, and the <a href="https://www.justice.gov.za/">Department of Justice and Constitutional Development</a> for others. The <a href="http://www.publicworks.gov.za/">Department of Public Works and Infrastructure</a> is responsible for maintaining court buildings. </p>
<p>The first step should be to establish clear reporting and accountability structures. At the moment three different entities responsible for running different aspects of the judiciary don’t seem to be getting it right. </p>
<p>Secondly, modernisation of the court system would go a long way in improving the working conditions of judges. As far back as 2007 there was an <a href="https://static.pmg.org.za/docs/080805review1.pdf">extensive review of the criminal justice system</a>. This resulted in cabinet approving an integrated programme towards a modernised and efficient criminal justice system underpinned by a package of seven fundamental changes in 2006.</p>
<p>The <a href="https://pmg.org.za/committee-meeting/21305/">Seven Point Plan</a> was also presented to the chief justice and judge presidents in February 2008 and to the senior leadership of the magistracy since then. The plan was endorsed and welcomed by the judiciary and government was requested to prioritise implementation thereof. </p>
<p>In summary, it proposed: </p>
<ul>
<li><p>a single set of objectives, priorities and targets to be followed by the Justice, Crime Prevention and Security Cluster </p></li>
<li><p>a single coordinating and management structure </p></li>
<li><p>substantial changes to improve the performance of courts</p></li>
<li><p>priorities to improve capacity of a new court system</p></li>
<li><p>an integrated and seamless information and technology database </p></li>
<li><p>modernised and integrated systems and equipment (docket management systems, court case management systems and parole management systems) </p></li>
<li><p>involving the public in the fight against crime by changing community police forums to deal with all matters in the system. </p></li>
</ul>
<h2>Looking forward</h2>
<p>The Department of Justice and Constitutional Development <a href="https://static.pmg.org.za/170531IJSReport.pdf">stated</a> in parliament that the modernised Integrated Justice System would be fully functional by the end of 2018/19. This has clearly not happened.</p>
<p>In particular, the COVID-19 pandemic almost brought the country’s courts to a standstill due to a lack of technological support. </p>
<hr>
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<strong>
Read more:
<a href="https://theconversation.com/south-africa-since-1994-a-mixed-bag-of-presidents-and-patchy-institution-building-164795">South Africa since 1994: a mixed bag of presidents and patchy institution-building</a>
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<p>Judges work under difficult and stressful conditions. They are mere mortals. But much more is expected from the judiciary as one of the arms of state in a constitutional democracy. Judges are appointed the guardians of the constitution. This is no small task. </p>
<p>Failing to do their work optimally diminishes trust in the judiciary, which is already under <a href="https://theconversation.com/rule-of-law-in-south-africa-protects-even-those-who-scorn-it-175533">severe unwarranted attack</a>. Diminished trust in the judiciary, and the <a href="https://theconversation.com/south-africans-are-fed-up-with-their-prospects-and-their-democracy-according-to-latest-social-attitudes-survey-204566">low trust in government and its institutions</a>, places South Africa’s democracy at risk.</p><img src="https://counter.theconversation.com/content/212021/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Narnia Bohler-Muller receives project funding from various governmental and non-governmental sources. She is affiliated with the Human Sciences Research Council.</span></em></p>The challenges facing South African judges have been well documented for decades. They include the high number of unfilled vacancies and poor working conditions.Narnia Bohler-Muller, Divisional Executive, Developmental, Capable and Ethical State research division, Human Sciences Research CouncilLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2098412023-08-10T13:39:17Z2023-08-10T13:39:17ZZimbabwe heads to the polls amid high inflation, a slumping currency and a cost of living crisis<figure><img src="https://images.theconversation.com/files/541697/original/file-20230808-17-q9ved7.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Inflation continues to defy Zimbabwe central bank efforts </span> <span class="attribution"><span class="source">Getty images</span></span></figcaption></figure><p>Zimbabwe is facing a host of pressing challenges that voters dearly want the next president to address. Persistently high <a href="https://www.bloomberg.com/news/articles/2023-06-26/zimbabwe-inflation-back-at-three-digits-after-currency-crashes">inflation</a>, elevated <a href="https://www.bloomberg.com/news/articles/2023-07-28/zimbabwe-holds-key-rate-after-currency-s-world-beating-streak">interest rates</a>, and a slumping and volatile <a href="https://www.bloomberg.com/news/articles/2023-06-07/zimbabwe-stops-short-of-free-floating-currency-in-exchange-rate-battle">Zimbabwe dollar</a> have combined to fuel a cost of living crisis for households and battered business activity. </p>
<p>These will be among the key economic concerns weighing on Zimbabweans as they prepare to cast their votes at elections scheduled for late <a href="https://www.bloomberg.com/news/articles/2023-06-25/zimbabwe-leader-opens-election-bid-as-inflation-battle-continues">August</a>. President Emmerson Mnangagwa is campaigning to secure a second mandate that will extend his <a href="https://www.bloomberg.com/news/articles/2023-06-25/zimbabwe-leader-opens-election-bid-as-inflation-battle-continues">five-year term</a> in power. He will square off against <a href="https://www.bloomberg.com/news/articles/2023-06-25/zimbabwe-leader-opens-election-bid-as-inflation-battle-continues">10 presidential candidates</a>, including the opposition’s main candidate Nelson Chamisa.</p>
<p>Inflation remains sticky and jumped <a href="https://www.rbz.co.zw/">175.8</a>% in June from <a href="https://www.rbz.co.zw/">86.5</a>% a month ago. Part of the recent re-acceleration in inflation was triggered by the Zimbabwe dollar’s slide, which plunged <a href="https://www.bloomberg.com/news/articles/2023-06-26/zimbabwe-inflation-back-at-three-digits-after-currency-crashes">85%</a> in the two months through May and pushed up import costs. Although inflation <a href="https://www.rbz.co.zw/">edged lower</a> in July, it still remains significantly elevated.</p>
<p>The central bank responded by hiking interest rates to <a href="https://www.bloomberg.com/news/articles/2023-06-06/zimbabwe-liberalizes-foreign-exchange-market-as-it-hikes-rates">150</a>% from a previously elevated level of <a href="https://www.bloomberg.com/news/articles/2023-06-06/zimbabwe-liberalizes-foreign-exchange-market-as-it-hikes-rates">140</a>%. This move intensifies the pullback on business and consumer spending caused by currency weakening. Additionally, the high pace of price growth has outpaced nominal wage growth, leaving many people struggling to afford everyday essentials. Fewer jobs add to these concerns.</p>
<p>Stubbornly high inflation and its negative impact on the value of the Zimbabwe dollar are symptoms of much deeper problems rooted in decades of fiscal and central bank governance weaknesses. That’s why inflation has defied central bank efforts to rein it in with a series of aggressive rate hikes.</p>
<p>The next president will therefore need to push for reforms in governance to tackle deep underlying problems. Otherwise the country will remain locked in a seemingly endless battle to ward off the economic crisis that is being acutely felt by voters.</p>
<h2>Governance vulnerabilities</h2>
<p>Governance broadly refers to institutions used to exercise authority by the government. Long-running weaknesses in fiscal and central bank governance institutions have undermined the capacity of the government to effectively formulate and implement sound fiscal and monetary policies for many years.</p>
<p>Between 2005 and 2008 for example, the government pursued an expansionary fiscal policy. Public spending averaged <a href="https://www.imf.org/en/Publications/WEO/weo-database/2023/April">8%</a> of GDP. </p>
<p>However, because of weak budgetary processes, spending was less efficient especially in areas critical for supporting stronger growth such as education, health, and public infrastructure. This meant that the economy could not generate more government revenue. Average government revenue collected was only about <a href="https://www.imf.org/en/Publications/WEO/weo-database/2023/April">5%</a> of GDP over this period. The budget shortfalls were financed by printing money, which undermined the independence and credibility of the central bank. This impaired the central bank’s ability to fulfill its mandate, including supporting price stability.</p>
<p>The influx of printed cash in the economy fanned domestic demand but did nothing to spur the production of goods and services to meet it. Inflation spiked and drove the value of the currency lower, raising the cost of imported goods and thus amplifying inflation pressures. </p>
<p>This dynamic created a feedback loop in which rising inflation and a weakening currency reinforced each other. The result was hyperinflation. In 2008 inflation reached <a href="http://news.bbc.co.uk/2/hi/africa/7660569.stm">231 million</a> %, prompting the government to withdraw the weakening Zimbabwe dollar from circulation the following year and to replace it with the US dollar to combat hyperinflation.</p>
<p>In the years following the switch to the US dollar, inflation receded until 2019 when the Zimbabwe dollar was re-introduced. This was done without fixing vulnerabilities in fiscal and monetary governance that had eventually led to the demise of the <a href="https://www.bbc.com/news/business-45523636">Zimbabwe dollar</a> in 2009. </p>
<p>Because of these vulnerabilities, inflation skyrocketed to <a href="https://www.imf.org/en/Publications/WEO/weo-database/2023/April">255%</a> in 2019 – a 23-fold increase from a year earlier as money supply growth quickened from <a href="https://databank.worldbank.org/source/world-development-indicators">28% to 250%</a> amid a widening government budget deficit which topped <a href="https://www.imf.org/en/Publications/FM/Issues/2023/04/03/fiscal-monitor-april-2023">10%</a> of GDP in 2017. Since then, the central bank has not been able to get a sustained deceleration in inflation despite aggressive rate hikes. </p>
<p>And the negative feedback loop between high inflation and a collapsing local currency was on full display again following the plunge in the currency in recent months. This has made the US dollar more <a href="https://www.bloomberg.com/news/articles/2023-06-26/zimbabwe-inflation-back-at-three-digits-after-currency-crashes">attractive</a>, and it is used more widely to pay for everything from food, fuel, school fees, rent and other services. In February the central bank adopted a new inflation gauge that tracks prices in both Zimbabwean and US dollars to capture this reality.</p>
<p>The US dollar is also seen as a haven which has taken on greater importance as inflation remains stubbornly high. In many ways, the return of the Zimbabwe dollar evokes bad memories of the inflation crisis of 2008 which still loom large for many people.</p>
<h2>Weaknesses in governance breed corruption</h2>
<p>Weaknesses in governance also create opportunities for higher levels of government corruption, which can lead to public spending waste, inefficiencies and lower revenue collection. All worsen budget deficits and add to monetary financing pressures on a central bank lacking independence. </p>
<p>In 2022, <a href="https://www.transparency.org/en/cpi/2022/index/zwe">Transparency International</a> ranked Zimbabwe 157 out of 180 countries based on perceived levels of public sector corruption, where the lower the rank the higher the perceived corruption. The evidence also showed no significant progress in tackling corruption for more than a decade. Another 2022 survey by <a href="https://www.afrobarometer.org/online-data-analysis/">Afrobarometer</a> revealed that a staggering 87% of Zimbabweans believe corruption has increased or stayed the same.</p>
<h2>A path forward</h2>
<p>Zimbabwe’s economy is facing a confluence of challenges: inflation that won’t go away, higher interest rates and a sliding currency. The fallout has included a cost of living crisis, slowing business activity and fewer jobs. These problems are symptoms of deeply embedded structural weaknesses in the economy.</p>
<p>The following reforms are crucial for addressing these structural weaknesses:</p>
<ul>
<li><p>Fiscal governance reforms to strengthen the budgetary process. This will enhance revenue collection and increase the efficiency of government spending. These reforms should also aim to boost revenue collection by lowering pervasive informality in the economy.</p></li>
<li><p>Central bank governance reforms to promote autonomy of the bank’s operations, including monetary policy independence which is important for preserving price stability.</p></li>
</ul>
<p>In addition, good fiscal governance positively affects central bank governance by reducing the need for central bank financing, which allows a reduction in inflation.</p><img src="https://counter.theconversation.com/content/209841/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Jonathan Munemo is affiliated with the Council on Foreign Relations. He was appointed as an International Affairs
Fellow for Tenured International Relations Scholars for the 2023-24 academic year.</span></em></p>Without governance reforms, Zimbabwe will continue to face an economic crisis.Jonathan Munemo, Professor of Economics, Salisbury UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2111292023-08-08T15:09:37Z2023-08-08T15:09:37ZKenya’s political dialogue is a welcome sign of democracy at work – if both sides understand their roles<figure><img src="https://images.theconversation.com/files/541515/original/file-20230807-26-bhua21.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Raila Odinga, the leader of the Azimio la Umoja coalition in Kenya.</span> <span class="attribution"><span class="source">Simon Maina/AFP via Getty Images</span></span></figcaption></figure><p>Since Kenya’s presidential <a href="https://www.theguardian.com/world/2022/aug/15/william-ruto-declared-winner-of-kenya-presidential-election-amid-dispute">election in August 2022</a>, the new government has been <a href="https://www.bbc.com/news/world-africa-62631193#:%7E:text=Argues%20that%20he%20did%20not,questions%20about%20the%20tallying%20process">in conflict</a> with the opposition. </p>
<p>In democratic systems, such conflict is healthy; it can enhance governance. But it <a href="https://www.africanews.com/2023/07/20/kenyas-violent-protests-sabotaging-economy-president-ruto-says/">must not interfere with</a> the government’s ability to perform its constitutional functions.</p>
<p>In Kenya, the friction between the government and opposition led to <a href="https://www.theguardian.com/global-development/2023/jul/21/death-toll-rises-as-kenyas-cost-of-living-protests-continue">mass protests</a> in March 2023. The <a href="https://www.rfi.fr/en/africa/20230320-kenyan-opposition-leader-raila-odinga-calls-for-weekly-rallies-over-cost-of-living-crisis">opposition</a> organised them <a href="https://edition.cnn.com/2023/07/20/africa/kenya-cost-of-living-protests-explainer-intl/index.html#:%7E:text=A%20wave%20of%20deadly%20protests,businesses%20attacked%20and%20schools%20closed.">around</a> rising taxes and the high cost of living. </p>
<p>If carried out peacefully, political protests can <a href="https://news.northeastern.edu/2020/06/10/are-peaceful-protests-more-effective-than-violent-ones/">deepen democracy</a>. Kenya’s have often <a href="https://www.aljazeera.com/gallery/2023/7/13/deadly-anti-government-protests-roil-kenya">deteriorated into violence</a>, however. <a href="https://nation.africa/kenya/news/police-have-killed-30-protesters-since-march-2023-amnesty-international-4309868">Heavy-handed government interventions</a> have then created even more violence. This threatens the sustainability of the country’s democratic institutions. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/mass-protests-in-kenya-have-a-long-and-rich-history-but-have-been-hijacked-by-the-elites-202979">Mass protests in Kenya have a long and rich history – but have been hijacked by the elites</a>
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<p>The opposition recently <a href="https://www.aljazeera.com/news/2023/7/29/kenya-government-and-opposition-agree-to-talks-after-protests">called off street protests</a> to engage the government in dialogue. I have <a href="https://www.weber.edu/goddard/John_Mbaku.html">studied democratisation and political economy in Africa</a> for more than two decades, and in my view, these talks are an opportunity to strengthen Kenya’s democratic systems.</p>
<p>Both the government and the opposition have a duty to work towards creating a Kenya in which all citizens can live peacefully, by the values that are important to them, and elect who they want.</p>
<p>But for this to happen, each party to the talks must understand its constitutional role. It must play its part constructively and within the law. The opposition should be a check on the exercise of government power, but it must not obstruct governance. The opposition should evaluate public policy and offer alternatives, but allow the government to formulate the national agenda. </p>
<p>On the other hand, the government must recognise the important role the opposition plays in a democratic system. An effective opposition provides the government with feedback that advances national objectives. It contributes positively to peaceful coexistence, the protection of human rights and national development.</p>
<h2>The importance of the talks</h2>
<p>The opposition suspended its call for mass protests in July 2023 to engage in <a href="https://nation.africa/kenya/news/politics/kalonzo-lead-azimio-team-in-talks-with-kenya-kwanza-4322554">dialogue</a> with the government. The talks will be facilitated by former Nigerian president Olusegun Obasanjo. Opposition leader Raila Odinga wants the talks concluded in <a href="https://www.pd.co.ke/inside-politics/raila-issues-demands-to-ruto-194622/">just over seven weeks</a>.</p>
<p>Odinga’s team of five has tabled <a href="https://www.the-star.co.ke/news/2023-08-03-azimio-invites-ruto-team-for-first-meeting-lists-5-issues-to-be-discussed/">five issues</a>. It wants the government to:</p>
<ul>
<li><p>address the cost of living</p></li>
<li><p>reconstitute the elections agency</p></li>
<li><p>audit the 2022 poll</p></li>
<li><p>prevent state interference with political parties</p></li>
<li><p>resolve outstanding constitutional issues. </p></li>
</ul>
<p>The government also brings a <a href="https://www.the-star.co.ke/news/realtime/2023-08-07-ruto-sets-tone-for-kenya-kwanza-azimio-dialogue-at-bomas/">five-member team</a>. Its list includes establishing the offices of the leader of opposition and prime cabinet secretary, as well as implementing <a href="https://www.klrc.go.ke/index.php/constitution-of-kenya/112-chapter-four-the-bill-of-rights/part-2-rights-and-fundamental-freedoms/193-27-equality-and-freedom-from-discrimination#:%7E:text=(8)%20In%20addition%20to%20the,be%20of%20the%20same%20gender.">gender diversity laws</a>. President William Ruto has said he has <a href="https://www.the-star.co.ke/news/realtime/2023-08-07-ruto-sets-tone-for-kenya-kwanza-azimio-dialogue-at-bomas/">no interest</a> in reopening debate on the results of the 2022 election. </p>
<p>These talks are a welcome sign of Kenya’s democracy maturing. But as the ruling party, Kenya Kwanza, <a href="https://nation.africa/kenya/news/politics/kalonzo-lead-azimio-team-in-talks-with-kenya-kwanza-4322554">has reminded</a> the opposition coalition, Azimio la Umoja, that the opposition’s job is to analyse government policies and offer alternatives. It is not to force its economic and political agenda on the government.</p>
<p>Regardless of what is <a href="https://nation.africa/kenya/news/politics/kalonzo-lead-azimio-team-in-talks-with-kenya-kwanza-4322554">on the table for discussion</a>, the dialogue should enhance governance and promote national development. </p>
<p>Parties to the talks should:</p>
<ul>
<li><p>consider ways to enhance government efficiency, accountability and productivity </p></li>
<li><p>concentrate on creating jobs, fighting inflation and helping Kenyans deal with climate change and other development challenges </p></li>
<li><p>help Kenya strengthen its democratic institutions, and promote their growth and maturity </p></li>
<li><p>provide an institutional environment within which all Kenyans, regardless of their ethnic affiliation, can live together peacefully. </p></li>
</ul>
<h2>Understanding the roles</h2>
<p>In emerging democracies, such as Kenya’s, a key source of conflict is the failure or inability of the government, the opposition and their supporters to understand and appreciate the roles that the constitution gives them. </p>
<p>In a functioning democratic system, the opposition is part of the governance architecture. It makes sure that the government is open, transparent and accountable to both the people and the constitution. However, it must not <a href="https://www.aljazeera.com/news/2023/7/18/kenya-braces-for-3-days-of-anti-govt-protest-all-the-details">frustrate</a> or interfere with government. </p>
<p>The government must consult and interact peacefully with all stakeholders, not just its supporters. This is critical in a country like Kenya which has a <a href="https://theconversation.com/kenyas-politicians-continue-to-use-ethnicity-to-divide-and-rule-60-years-after-independence-207930">significant diversity</a> of people, cultures, values, languages and economic and social aspirations.</p>
<p>A misunderstanding of roles could paralyse the government and make it non-functional. </p>
<h2>Way forward</h2>
<p>The present dialogue’s function must be:</p>
<ul>
<li><p>to strengthen the government, not cripple it</p></li>
<li><p>to advance the interests of all Kenyans, not just of specific politicians or ethnic groups</p></li>
<li><p>to improve the rule of law, not to open up political spaces for the benefit of opposition leaders</p></li>
<li><p>to build the country’s democracy, not to tear it down </p></li>
<li><p>to unite Kenyans, not to divide them</p></li>
<li><p>to ensure the advancement of a peaceful and productive Kenya.</p></li>
</ul>
<p>Kenya’s national leaders – both in government and opposition – must build a political system in the country that advances inclusive development.</p><img src="https://counter.theconversation.com/content/211129/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>John Mukum Mbaku does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The government and opposition have a duty to work towards creating a Kenya in which all citizens can live peacefully.John Mukum Mbaku, Professor, Weber State UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2093842023-07-31T12:21:15Z2023-07-31T12:21:15ZCyber governance in Africa is weak. Taking the Malabo Convention seriously would be a good start<figure><img src="https://images.theconversation.com/files/538831/original/file-20230723-40270-cicrdz.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">African countries are lagging behind in digital advancements.</span> <span class="attribution"><span class="source">Wikimedia Commons</span></span></figcaption></figure><p>_Several African countries are pursuing digital transformation ambitions – applying new technologies to enhance the development of society. But concerns exist over the absence of appropriate policies across the continent to create a resilient and secure cyber environment. </p>
<p><em><a href="https://www.bradford.ac.uk/staff/nifeanyiajufo/">Nnenna Ifeanyi-Ajufo</a>, a <a href="https://www.tandfonline.com/doi/full/10.1080/25741292.2023.2199960">technology law expert</a>, explains the current cyber governance situation in Africa.</em></p>
<h2>What is cyber governance and why is it so important?</h2>
<p>Cyber governance is an important aspect of the international cybersecurity strategy for preventing and mitigating cyber threats. It features oversight processes, decision-making hierarchies and international cooperation. It also includes systems for accountability and responsible state behaviour in cyberspace. In recent years, cyber governance has been prominent in diplomatic and political agendas when regions or countries need to work together.</p>
<p>To promote digital transformation, cyberspace must be made secure and stable, using appropriate governance standards. </p>
<p>Digital transformation offers Africa tremendous opportunities. These include the economic empowerment of citizens, transparent governance and less corruption. But digital transformation can only happen on the continent if its digital spaces are trusted, secure and resilient. </p>
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Read more:
<a href="https://theconversation.com/its-time-for-governments-to-help-their-citizens-deal-with-cybersecurity-100771">It's time for governments to help their citizens deal with cybersecurity</a>
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<h2>How are African governments doing on this front?</h2>
<p>Not very well. In 2014, the African Union Commission adopted the <a href="https://au.int/sites/default/files/treaties/29560-treaty-0048_-_african_union_convention_on_cyber_security_and_personal_data_protection_e.pdf">African Union Convention on Cybersecurity and Personal Data Protection</a>. It is also known as the Malabo Convention. It is supposed to provide principles and guidelines to ensure cybersecurity and stability in the region. </p>
<p><a href="https://dataprotection.africa/wp-content/uploads/2305121.pdf#page=2">Only 15</a> out of the 55 AU member states have ratified the convention. These include Ghana, Mauritius, Togo and Rwanda. </p>
<p>Cyber governance has political dimensions. African countries are rooted in historical and cultural contexts that have an impact on politics and governance. Governance mechanisms in the region are further affected by political instability and conflicts. </p>
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Read more:
<a href="https://theconversation.com/five-things-south-africa-must-do-to-combat-cybercrime-186089">Five things South Africa must do to combat cybercrime</a>
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<p>The borderless nature of cyberspace presents particular challenges. This is especially so for African states that are accustomed to controlling activities in their territory. </p>
<p>The result of this has been a misunderstanding of cyber governance. This has manifested in internet shutdowns and restrictions of online activities for citizens. We have seen recent examples of this in <a href="https://theconversation.com/senegals-internet-shutdowns-are-another-sign-of-a-democracy-in-peril-207443">Senegal</a>, <a href="https://www.mfwa.org/network-disruptions-how-govts-in-west-africa-violated-internet-rights-in-2022/">Burkina Faso</a>, <a href="https://www.amnesty.org/en/latest/news/2023/03/ethiopians-in-social-media-blackout-for-second-month/">Ethiopia</a> and <a href="https://www.mfwa.org/network-disruptions-how-govts-in-west-africa-violated-internet-rights-in-2022/">Nigeria</a>.</p>
<p>African leaders’ views on regulating the digital space vary. This is clear from their reluctance to ratify the Malabo Convention. </p>
<p>Often, international standards collide with the realities of developing states. This is true for states in Africa that are on the wrong side of the digital divide. This means they lack the capacity, skills and infrastructure to govern cyberspace to international standards. Overall, this limited institutional and technical capacity implies that effective cyber governance may not exist in practice for Africa. </p>
<p>There are some good stories, though. Ghana has <a href="https://africacenter.org/spotlight/ghana-multistakeholder-cyber-security/">ratified</a> the Malabo Convention and the <a href="https://www.coe.int/en/web/cybercrime/the-budapest-convention">Convention on Cybercrime</a> of 2001. It also passed a <a href="http://ir.parliament.gh/bitstream/handle/123456789/1800/CYBERSECURITY%20ACT%2C%202020%20%28ACT%201038%29.pdf?sequence=1">Cybercrime Act</a> into law in 2020 and has developed a robust <a href="https://afyonluoglu.org/PublicWebFiles/strategies/Africa/Ghana%202014%20National%20Cyber%20Security%20Policy%20and%20Strategy-EN.pdf">cybersecurity strategy</a>. </p>
<h2>What needs to happen to bring all countries in line?</h2>
<p>Preserving cyber stability is a collaborative effort. African countries need to find ways to work together to foster appropriate policies or strategies. Adopting the Malabo Convention would show that countries see the importance of cooperation in governing the digital environment. </p>
<p>Greater coordination is also necessary at a regional level. For example, the Southern African Development Community has adopted <a href="https://www.itu.int/en/ITU-D/Cybersecurity/Documents/SADC%20Model%20Law%20Cybercrime.pdf">a model law on cybercrime</a>. The Economic Community of West African States has developed a <a href="https://issafrica.org/ctafrica/uploads/Directive%201:08:11%20on%20Fighting%20Cyber%20Crime%20within%20ECOWAS.pdf">directive on fighting cybercrime</a>. Regional organisations have a key role to play in formulating policies and delivering outcomes. </p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/senegals-internet-shutdowns-are-another-sign-of-a-democracy-in-peril-207443">Senegal's internet shutdowns are another sign of a democracy in peril</a>
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<p>Beyond ratifying the Malabo Convention, African states must also rethink best practices and the value of strategic regional partnerships. These partnerships are important because they create shared responsibility in a borderless space.</p>
<p>Africa must approach diplomacy strategically in this space and seek increased representation at global dialogues. The African Union remains largely absent from the evolving UN processes on cyber governance development. This implies that African interests, realities and domestic capabilities won’t get enough attention in the processes. There is also a need to bridge the institutional and technical gaps that have prevented African states from participating fully. </p>
<p>Committing to the Malabo Convention would provide a framework for united cyber governance norms and standards across the continent. As the international community continues to define these standards, Africa should be included.</p><img src="https://counter.theconversation.com/content/209384/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Nnenna Ifeanyi-Ajufo does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The borderless nature of cyberspace presents particular challenges for African states used to controlling activities in their territory.Nnenna Ifeanyi-Ajufo, Professor of Technology Law, University of BradfordLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2099842023-07-30T11:14:46Z2023-07-30T11:14:46ZZimbabwe’s ‘Patriotic Act’ erodes freedoms and may be a tool for repression<figure><img src="https://images.theconversation.com/files/539472/original/file-20230726-23-fk6s12.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Zimbabwe's repressive new law will further erode civilian rights.</span> <span class="attribution"><span class="source">Jekesai Njikizana /AFP/ via Getty Images</span></span></figcaption></figure><p>The <a href="https://www.theindependent.co.zw/local-news/article/200012321/parliament-passes-a-bill-that-seeks-to-punish-unpatriotic-citizens">introduction</a> of the controversial “Patriotic Act” in Zimbabwe will contribute to the erosion of political and civil liberties in a country that has been in the grip of one political party since independence in 1980.</p>
<p>President Emmerson Mnangagwa signed the new act, officially called the <a href="https://www.law.co.zw/download/criminal-law-codification-and-reform-amendment-act-2023">Criminal Law Codification and Reform Amendment Act, 2023</a>, into law on 14 July. His government said the law was <a href="https://www.herald.co.zw/as-patriotic-zimbabweans-celebrate-occasion/">indispensable</a> to holding accountable those who jeopardised national interests. It allows for monitoring and suppressing of political organisations and journalists who are critical of the government. </p>
<p>It carries harsh sentences, including death, for acts the government deems to be <a href="https://www.amnesty.org/en/latest/news/2023/07/zimbabwe-presidents-signing-of-patriotic-bill-a-brutal-assault-on-civic-space/">“unpatriotic”</a>. </p>
<p>Such a law, in a country with a <a href="https://www.cambridge.org/core/books/election-violence-in-zimbabwe/FE079C46754D9F31DB5E3D5CE7AC4B38">history</a> of abuses of individual freedoms, will further undermine the right to freedom of expression enshrined in the <a href="https://www.veritaszim.net/sites/veritas_d/files/Constitution%20of%20Zimbabwe%20Amendment%20%28No.%2020%29.pdf">constitution</a>.</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/ezekiel-guti-revered-zimbabwean-church-leader-who-preached-hard-work-and-morals-over-miracles-209556">Ezekiel Guti: revered Zimbabwean church leader who preached hard work and morals over miracles</a>
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<p>I have researched post-liberation Zimbabwe’s political economy and noted how the ruling Zanu-PF party has become <a href="https://journals.co.za/doi/abs/10.10520/ejc-afrins-v49-n4-a10">conflated</a> with the state. The party-dominated legislature passes laws that erode political and civil liberties. The new act represents another move by the party to tighten its grip on power.</p>
<p>In my view, the act will enable the government to label legitimate criticism as <a href="https://www.theindependent.co.zw/local-news/article/200012321/parliament-passes-a-bill-that-seeks-to-punish-unpatriotic-citizens%20%22%22">unpatriotic behaviour</a>. It will, for instance, <a href="https://www.news24.com/news24/africa/news/zimbabwe-passes-draconian-patriotic-bill-ahead-of-elections-20230601">penalise</a> individuals who hold meetings with foreign diplomats. </p>
<p>As the French philosopher <a href="https://citeseerx.ist.psu.edu/document?repid=rep1&type=pdf&doi=aabd337816cd732dcb43b782fc269daeca4ed67b">Montesquieu</a> stated in 1742, </p>
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<p>There is no crueller tyranny than that which is perpetrated under the shield of law and in the name of justice.</p>
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<h2>‘National interest’</h2>
<p>Opposition activists have <a href="https://www.voanews.com/a/zimbabwe-rights-groups-opposition-furious-over-signed-patriotic-bill-/7184729.html">expressed concern</a> that the law is designed to punish citizens, civil society organisations and political adversaries of the ruling party. Zimbabwe is due to hold general elections <a href="https://www.electionguide.org/elections/id/4047/">on 23 August</a>. The government could launch a crackdown on dissent. </p>
<p>Some people see the act as a response to the <a href="https://www.congress.gov/107/plaws/publ99/PLAW-107publ99.pdf%22">sanctions</a> the United States imposed on the Zimbabwean government in 2001 for human rights abuses. The state-owned <a href="https://www.herald.co.zw/the-patriotic-bill-a-necessity-for-vision-2030/">The Herald</a> newspaper said the law was a response to Zimbabweans who advocated for the enforcement of sanctions on Zimbabwe. </p>
<p>The government has exploited the sanctions as a <a href="https://www.dailymaverick.co.za/article/2021-10-20-corruption-and-state-capture-not-sanctions-are-the-cause-of-zimbabwes-economic-meltdown/">pretext</a> to suppress dissent and shift the blame for the country’s problems.</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/economic-reforms-wont-fix-zimbabwes-economy-ethical-leadership-is-also-needed-170569">Economic reforms won't fix Zimbabwe’s economy. Ethical leadership is also needed</a>
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<p>While the Patriotic Act <a href="https://www.veritaszim.net/node/6068">amends</a> the criminal law code to include mandatory minimum prison terms for rape sentences, it also criminalises acts it deems as</p>
<blockquote>
<p>wilfully injuring sovereignty and national interests of Zimbabwe. </p>
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<p>The problem lies in the broad definition of “national interests”. This can be manipulated to serve political agendas. It could be interpreted in a way that compromises individual freedoms and hinders government accountability. For instance, opposition activists have previously been <a href="https://www.herald.co.zw/fadzai-mahere-and-ccc-trying-to-destroy-zimbabwe/">accused</a> of treason and unpatriotic behaviour for expressing concerns about human rights abuses in Zimbabwe at the United Nations Human Rights Commission. Using this law, individuals who express concerns about human rights abuses and corruption could be targeted for unpatriotic behaviour.</p>
<p>For example, the TV news network Al Jazeera recently <a href="https://www.youtube.com/watch?v=evWEuVR1XIs">exposed</a> a case of gold smuggling corruption involving public officials in Zimbabwe. The revelations could potentially lead to the arrest of journalists behind the revelations. </p>
<h2>What can be done?</h2>
<p>The Patriotic Act contravenes Zimbabwe’s <a href="https://www.veritaszim.net/sites/veritas_d/files/Constitution%20of%20Zimbabwe%20Amendment%20%28No.%2020%29.pdf">constitution</a>, which upholds the right to freedom of expression. This fundamental right is meant to foster an environment conducive to peaceful demonstrations and the presentation of petitions. </p>
<p>Zimbabwe is also bound by international and regional instruments that protect freedom of expression. They include the <a href="https://au.int/sites/default/files/treaties/36390-treaty-0011_-_african_charter_on_human_and_peoples_rights_e.pdf">African Charter on Human and Peoples’ Rights</a>. The Southern African Development Community <a href="https://www2.ohchr.org/english/law/compilation_democracy/sadcprinc.htm">principles and guidelines</a> governing democratic elections also emphasise the importance of freedom of expression. Zimbabwe is a member of the grouping.</p>
<p>Sadly, both the African Union and the Southern African Development Community have failed to prevail on Zanu-PF to uphold the human rights of Zimbabweans.</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/animal-farm-has-been-translated-into-shona-why-a-group-of-zimbabwean-writers-undertook-the-task-206966">Animal Farm has been translated into Shona – why a group of Zimbabwean writers undertook the task</a>
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<p>Civil society organisations need to collaborate with media outlets to show the act’s potential impact on society. That way, the public will get a broader understanding of the act’s negative effects. That might spur Zimbabweans to challenge the oppressive act, and defend their individual and collective liberties.</p>
<p>Social media could be pivotal in mobilising resistance to the Patriotic Act. Twitter, Facebook and WhatsApp have proven effective in disseminating information and rallying public opinion against oppression in Zimbabwe. There is also a need for active citizen participation to resist the Patriotic Act. The 2016 <a href="https://www.npr.org/sections/parallels/2017/12/10/569757806/fight-for-rights-will-continue-in-zimbabwe-thisflag-movement-pastor-vows">#ThisFlag</a> resistance movement is an example. </p>
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Read more:
<a href="https://theconversation.com/analysis-across-africa-shows-how-social-media-is-changing-politics-121577">Analysis across Africa shows how social media is changing politics</a>
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<p>But, given the Zimbabwean government’s history of repression, a stronger solution would be for citizens to use their votes in the upcoming elections in August to choose a new government that would uphold their rights and human dignity.</p><img src="https://counter.theconversation.com/content/209984/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Tinashe Sithole does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Opposition activists have previously been accused of treason and unpatriotic behaviour for expressing concerns about human rights abuses.Tinashe Sithole, Post-doctoral research fellow at the SARChI Chair: African Diplomacy and Foreign Policy at the University of Johannesburg, University of JohannesburgLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2098832023-07-18T14:32:55Z2023-07-18T14:32:55ZNelson Mandela’s legacy is taking a battering because of the dismal state of South Africa<figure><img src="https://images.theconversation.com/files/538003/original/file-20230718-27-ey48jj.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Nelson Mandela, the late first president of democratic South Africa, is credited with the relatively peaceful transition from apartheid rule.</span> <span class="attribution"><span class="source">Per-Anders Pettersson/Getty Images</span></span></figcaption></figure><p>The multiple concerns about the dismal state of South Africa – including a <a href="https://www.imf.org/en/News/Articles/2023/06/15/cf-south-africas-economy-loses-momentum-amid-record-power-cuts">stagnant and failing economy</a>, a seemingly incapable state, and <a href="https://theconversation.com/state-capture-report-chronicles-extent-of-corruption-in-south-africa-but-will-action-follow-174441">massive corruption</a> – have led to the <a href="https://theconversation.com/rule-of-law-in-south-africa-protects-even-those-who-scorn-it-175533">questioning</a> of the political and economic settlement made in 1994 to end apartheid. The settlement is <a href="https://www.britannica.com/biography/Nelson-Mandela">strongly associated with Nelson Mandela</a>, who oversaw its progress to a successful conclusion. He subsequently underpinned it by promoting reconciliation with white people, especially Afrikaners, the former rulers.</p>
<p>The questioning of the 1994 settlement, and therefore Mandela’s legacy, has different dimensions, running through diverse narratives. One, associated with a faction of the governing African National Congress (ANC) that claims to stand for “<a href="https://theconversation.com/what-is-ret-and-what-does-it-want-the-radical-economic-transformation-faction-in-south-africa-explained-195949">radical economic transformation</a>”, is that the settlement was a “sell-out” to “<a href="https://theconversation.com/white-monopoly-capital-an-excuse-to-avoid-south-africas-real-problems-75143">white monopoly capital</a>”. Another is the inclination to lay the blame for state failure <a href="https://theconversation.com/rule-of-law-in-south-africa-protects-even-those-who-scorn-it-175533">on the constitution</a>, thereby deflecting responsibility for massive governance failures away from the ANC.</p>
<p>Yet another stems from the frustrations of recent black graduates and the mass of black unemployed for whom there are <a href="https://www.statssa.gov.za/publications/P0211/Media%20release%20QLFS%20Q4%202022.pdf">no jobs</a>. There are also huge numbers of people without either <a href="https://apsdpr.org/index.php/apsdpr/article/view/372/739">adequate shelter</a> or <a href="https://www.statssa.gov.za/?p=16235#:%7E:text=More%20than%20half%20a%20million,high%20risk%20of%20acute%20malnutrition.">enough to eat</a>. South Africans want someone to blame. While their search regularly targets a wide range of usual suspects, it also leads to a questioning of what Mandela really left behind. </p>
<p>It does not help that Mandela continues to be lionised by many, if not most, white people, who despite much grumbling about the many inconveniences of life in South Africa have largely continued to prosper.</p>
<p>This means that those of us who are social scientists and long-term observers of South Africa’s politics and history need to think carefully about how we think critically about Mandela’s legacy.</p>
<h2>Questioning Mandela’s legacy</h2>
<p>From a historian’s view the questioning of Mandela’s legacy is normal. Historians are always asking new questions and reassessing the past to gain new insights about the role important political leaders play.</p>
<p>This has posed particular problems for Mandela’s biographers. Biography has always had a problematic relationship with history as a discipline. This partly stems from history’s reluctance to endorse “Great Men” versions of the past. Partly from the more generic problem of assessing individuals’ role in shaping wider developments. Thus it has been with Mandela. Nonetheless, the six or seven <a href="https://www.google.com/search?q=Mandela+biopgraphies&rlz=1C1GCEA_enZA1007ZA1007&oq=Mandela+biopgraphies&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIJCAEQABgNGIAEMgkIAhAAGA0YgAQyCQgDEC4YDRiABDIJCAQQABgNGIAEMggIBRAAGA0YHjIICAYQABgNGB4yCAgHEAAYDRgeMggICBAAGA0YHjIKCAkQABgFGA0YHtIBCDQ5NjNqMWo3qAIAsAIA&sourceid=chrome&ie=UTF-8">significant biographies of Mandela</a> may be said to revolve around the following arguments.</p>
<p>First, Mandela played a critical role in preventing a descent into total civil war. It was brutal enough as it was. Narratives at the time often suggested that the period 1990-94 was a “<a href="https://www.news.uct.ac.za/article/-2019-07-09-sas-transition-to-democracy-miracle-or-mediation">miracle</a>”, a difficult but “peaceful transition to democracy”. But this was misleading. <a href="https://omalley.nelsonmandela.org/index.php/site/q/03lv02167/04lv02264/05lv02335/06lv02357/07lv02372/08lv02379.htm">Thousands died</a> in political violence during this time.</p>
<p>Mandela’s biographers argue that his initiating negotiations with the regime from jail, independently of the ANC, was crucial. Without his actions, the apartheid state would not have come to the party. This, even though by the time FW de Klerk, its last president, came to power, it was seeking a route to a settlement. </p>
<p>Second, Mandela played his cards carefully in steadily asserting his authority over the ANC. Although the ANC in exile had carefully choreographed the imprisoned Mandela as an icon around which international opposition to apartheid could be mobilised, there remained much questioning within the organisation following his release about his motivations and wisdom. Also whether he should replace the ailing <a href="https://theconversation.com/south-africas-anc-is-celebrating-the-year-of-or-tambo-who-was-he-85838">Oliver Tambo</a> as its leader. That he proceeded to convince his doubters by constantly proclaiming his loyalty to the ANC, its militant “line” and his subjection to its discipline while simultaneously edging it towards negotiations is said to have been key to his establishing his claim to leadership. This was necessary to convince his doubters within the ANC that it could not defeat the regime on the field of battle. Hence there was a need for compromise with the regime.</p>
<p>Third, Mandela is credited with successfully steering the <a href="https://www.sahistory.org.za/article/convention-democratic-south-africa-codesa">negotiations which led to South Africa’s democracy</a>. That he played a limited part in negotiating much of the nitty-gritty of the new constitution is acknowledged. Yet, this is combined with recognition of his acute judgment of when to place pressure on the regime to secure concessions and when to adopt a more conciliatory line. Generally, it is agreed that the ANC outsmarted the apartheid government during the negotiations. Praise is correctly showered on Mandela for his role in bringing both the far right, under <a href="https://omalley.nelsonmandela.org/index.php/site/q/03lv02424/04lv02426/05lv02691.htm">Constand Viljoen</a>, and <a href="https://theconversation.com/buthelezis-retirement-wont-end-ethnic-traditionalism-in-south-africa-102213">Mangosuthu Buthelezi</a>’s quarrelsome Inkatha Freedom Movement <a href="https://successfulsocieties.princeton.edu/sites/g/files/toruqf5601/files/Policy_Note_ID137.pdf">into the 1994 election at the very last moment</a>, without which it would have lacked legitimacy.</p>
<p>Fourth, while today it is recognised that a narrative of the time – that South Africans had negotiated the finest constitution in the world – was overcooked, the negotiations resulted in the country becoming a constitutional democracy. </p>
<p>We now know, of course, that the ANC has subverted much of the intention of the constitution and undermined many of its safeguards. <a href="https://theconversation.com/south-africas-ruling-party-has-favoured-loyalty-over-competence-now-cadre-deployment-has-come-back-to-bite-it-199208">Its cadre deployment policy</a> of appointing loyalists to key state institutions has severely diminished the independence of the state machinery. Furthermore, the ANC has merged party with state. Above all, it has severely weakened the capacity of parliament to <a href="https://theconversation.com/south-africas-parliament-fails-to-hold-the-executive-to-account-history-shows-what-can-happen-192889">hold the president and ministers accountable</a>. </p>
<p>The <a href="https://www.statecapture.org.za/">State Capture Commission</a> has laid bare the mechanics of all this in great detail. It has placed huge responsibility for this upon the ANC. Nonetheless, it is widely recognised by civil society that the constitution and the law still provide the fundamental basis for exacting political accountability. This is confirmed by the many judgments the Constitutional Court has <a href="https://theconversation.com/is-south-africas-constitutional-court-protecting-democracy-107443">rendered against the government</a>.</p>
<p>Fifth, while his critics often argue that Mandela leant over too far to appease whites, the counter-argument is that this grounded democracy. At the beginning of his <a href="https://www.goodreads.com/book/show/318431.Long_Walk_to_Freedom">autobiography</a>, Mandela presents the struggle in South Africa as a clash between Afrikaner and African nationalisms. His role during negotiations can be viewed through the prism of his conviction of the need to reconcile these, as one could not defeat the other. Without reconciliation, however imperfect, there could be no making of a new nation. After all, what was the alternative? </p>
<h2>Capturing Mandela’s legacy</h2>
<p>There is never going to be a final assessment of Mandela’s legacy. How it is regarded will continue to change, depending on the destination South Africa travels to. If it really does become a “<a href="https://theconversation.com/south-africas-political-risk-profile-has-gone-up-a-few-notches-but-its-not-yet-a-failed-state-170653">failed state</a>”, as the doomsters predict, there will be much need for reexamination of whether this failure has its roots in the constitutional settlement which Mandela did so much to bring about. For the moment, however, Mandela continues to inspire South Africans who place their hopes in constitutional democracy. What other hopes do they have?</p><img src="https://counter.theconversation.com/content/209883/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Roger Southall does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>There is never going to be a final assessment of Mandela’s legacy. How it is regarded will continue to change, depending on the destination South Africa travels to.Roger Southall, Professor of Sociology, University of the WitwatersrandLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2024882023-05-30T12:23:18Z2023-05-30T12:23:18ZWhy more cities are hiring ‘night mayors’ and establishing forms of nighttime governance<figure><img src="https://images.theconversation.com/files/528904/original/file-20230529-2741-l211gc.jpg?ixlib=rb-1.1.0&rect=58%2C25%2C5511%2C3682&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">A dancer at 'The Fairy Tale Ball' in Madrid in October 2022.</span> <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/participant-performs-on-stage-during-the-fairy-tale-ball-news-photo/1433721531?adppopup=true">Aldara Zarraoa/Getty Images</a></span></figcaption></figure><p>Growing up in a small town in Brazil, my daily life was shaped by the rhythms of my family’s working hours. My father has been a night shift worker for over three decades at a local factory. We got used to silent days and busy nights, noticing how our lives weren’t in sync with those of our neighbors.</p>
<p>After all those years, my fascination with the night as a separate, habitable world became a research project as a Mellon Fellow at McGill University. Then it became an opportunity to work with local governments and communities on nightlife policies. </p>
<p>From June 2020 to November 2022, I was a member of the <a href="https://www.mtl2424.ca/en/">MTL 24/24’s first Night Council</a> in Montreal, where I contributed to data research and policies for nighttime governance.</p>
<p>While trying to understand nocturnal life, two main questions emerged: Why should cities govern themselves after dark? How can they responsibly do so?</p>
<p>The recent calls for a “<a href="https://www.nature.com/articles/d41586-019-03836-2">science of the night</a>” and evidence-based nighttime policymaking are taking place, as over <a href="https://www.nighttime.org/chapter-five-nighttime-governance-in-times-of-covid/">50 cities around the world</a> have developed new forms of nighttime governance.</p>
<h2>A complex ecosystem</h2>
<p>Often, when people think about the nighttime in cities, a core set of impressions come to mind. </p>
<p>There’s fear of the dark, safety concerns and noise disturbances. It’s a period that’s ripe for partying, illicit activities and recklessness. And then there are the traditional notions of night: silence, sleep and rejuvenation. </p>
<p>Much work has gone into figuring out how to alleviate some of these fears and facilitate quietude, such as <a href="https://direct.mit.edu/books/book/4986/American-IlluminationsUrban-Lighting-1800-1920">building out a public lighting infrastructure</a> and passing <a href="https://www.nonoise.org/lawlib/cities/ordinances/Boston,%20Massachusetts.pdf">noise codes</a> with <a href="https://www.cb5.org/cb5m/announcements/noise_code_guide.pdf">special hotlines</a> for noise complaints.</p>
<p>However, the nightlife of any given city is far more complex. </p>
<p>In my research, I mapped people, activities, organizations and communities <a href="https://doi.org/10.5281/zenodo.7272288">that operate primarily during the night</a>, forming a nightlife ecosystem.</p>
<p>Some cultural spaces and institutions operate at night, like museums, college libraries and cafes. Media outlets don’t stop reporting about the world at night, while some restaurants and convenience stores serve up food, drinks and cigarettes 24/7. If an accident happens at night, people need access to health care. Childbirth doesn’t wait for the sun to rise.</p>
<p>Waste management and <a href="https://doi.org/10.1016/j.jsr.2007.04.001">roadwork</a> often take place after dark to avoid interrupting traffic, and many formal and informal laborers <a href="https://autonomy.work/portfolio/workingnights/">do the work of keeping cities running efficiently</a> while other people sleep. In many cities around the world, public transit runs late or overnight, and various communities make use of the city after dark to congregate, learn and explore, whether it’s at Alcoholics Anonymous meetings, night school or open mic nights.</p>
<h2>Governing and studying the night</h2>
<p>Fortunately, policymakers and scholars have recently made a push <a href="http://www.revistascisan.unam.mx/Voices/pdfs/11102.pdf">to prioritize the hours</a> when cities are supposedly asleep.</p>
<p>Amsterdam was the first city to formally recognize the night as a space and time that requires special attention from elected officials, citizens and civil servants.</p>
<p>Following more than 10 years of appointing unofficial night mayors, <a href="https://doi.org/10.1177/0042098019895224">Amsterdam formally institutionalized the position in 2014</a>, which set the stage for a bureaucracy of councils, departments and commissions dedicated to governing the city after dark.</p>
<p>Perhaps not surprisingly, New York – the largest city in the U.S. – was at the forefront of this movement in the country. </p>
<p>In September 2017, the city established its <a href="https://www.nyc.gov/site/mome/nightlife/nightlife.page">Office of Nightlife</a> with the appointment of Ariel Palitz as its founding director – the equivalent of a night mayor or night czar. With Palitz <a href="https://www.nytimes.com/2023/03/18/nyregion/ariel-palitz-nyc-nightlife.html?smtyp=cur&smid=tw-nytimes">stepping down from the role in early 2023</a>, the city is looking for a new “nightlife mayor.” This office is tasked with the routine regulation of after-hours businesses and issuing licenses, as well as confronting abstract challenges like the ways in which gentrification leads to rising rent prices, which threaten cultural and community spaces that operate at night.</p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/528711/original/file-20230528-17-tv54m1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="Man sits on construction scaffolding overlooking New York City skyline." src="https://images.theconversation.com/files/528711/original/file-20230528-17-tv54m1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/528711/original/file-20230528-17-tv54m1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=806&fit=crop&dpr=1 600w, https://images.theconversation.com/files/528711/original/file-20230528-17-tv54m1.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=806&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/528711/original/file-20230528-17-tv54m1.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=806&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/528711/original/file-20230528-17-tv54m1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1013&fit=crop&dpr=1 754w, https://images.theconversation.com/files/528711/original/file-20230528-17-tv54m1.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1013&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/528711/original/file-20230528-17-tv54m1.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1013&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">In 2017, New York established its Office of Nightlife.</span>
<span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/view-on-the-empire-state-building-and-the-nocturnal-news-photo/56457316">brandstaetter images/Hulton Archives via Getty Images</a></span>
</figcaption>
</figure>
<p>Since then, Washington has established <a href="https://communityaffairs.dc.gov/monc">an office for nocturnal governance</a>, Boston recently created <a href="https://www.wbur.org/news/2023/03/17/boston-nightlife-czar-corean-reynolds-st-patricks-day-newsletter-weekender">the position of night czar</a>, and Atlanta <a href="https://atlanta.eater.com/2022/4/7/23015039/atlanta-mayor-andre-dickens-forms-nightlife-division-night-mayor">formed a Nightlife Division</a>.</p>
<p>Night governance is more institutionalized in the higher-income parts of the world, but experiments and studies also exist in lower-income countries. In 2022, Bogotá joined the “24-Hour Cities Network,” following the publication of <a href="https://observatorio.desarrolloeconomico.gov.co/sites/default/files/files_articles/bogotaproductiva24horas_web_final.pdf">an extensive report</a> commissioned by the local government in 2019, to help city leaders understand the nocturnal needs of the Colombian capital. </p>
<p>Other cities in Latin America, such as San Luis Potosí in Mexico, have self-appointed night ambassadors. Cali, the third-largest city in Colombia, launched an initiative that <a href="https://www.mtl2424.ca/wp-content/uploads/2021/09/DIAGNOSTIC-SUR-LA-VIE-NOCTURNE-A%CC%80-MONTRE%CC%81AL_2020.pdf">mapped the nighttime priorities of its residents</a>.</p>
<p>In academia, there’s also been a push to better understand the night. As the authors of <a href="https://www.nighttime.org/wp-content/uploads/2022/09/Rise-Up-A-Manifesto-for-Nightlife.pdf">a 2022 nighttime manifesto</a> wrote, “Nightlife inspires individuals, forms communities, and ignites cities. Rather than serving as an escape from the present, nightlife provides us with a window into different realities.”</p>
<p>Encompassing disciplines like <a href="https://shs.hal.science/halshs-00642968/file/La_nuit_derniere_frontiere_de_la_vi.pdf">geography</a> and <a href="https://www.versobooks.com/products/56-nightwalking">history</a>, an <a href="https://doi.org/10.3390/j3010001">interdisciplinary field called “night studies”</a> has emerged, bringing together scholars from various backgrounds to better understand the urban night from a range of perspectives. There have been studies on <a href="https://doi.org/10.1289%2Fehp.117-a20">light pollution</a> and its effects on humans and wildlife, <a href="https://journals.lwbooks.co.uk/soundings/vol-2018-issue-70/abstract-7590/">how the shuttering of LGBTQ nightclubs has weakened communities</a> and how late-night venues and businesses <a href="https://www.creative-footprint.org/new-york/">spur higher rents</a>.</p>
<h2>Responsible tech adoption</h2>
<p>As cities formally adopt systems to govern the night, one of my key concerns centers on the rise of surveillance technology and the deployment of big data. </p>
<p>Even if technology isn’t one of the main pillars of nighttime governance just yet, municipal governments have already been investing in <a href="https://rosalux.nyc/wp-content/uploads/2021/02/RLS-NYC_smart_cities_EN.pdf">smart technologies</a>, often without proper frameworks in place to safeguard human rights. One of the most controversial examples is the deployment of <a href="https://www.ajl.org/federal-office-call">facial recognition technologies in public spaces</a>, which has happened in cities such as New York, Rio de Janeiro and Buenos Aires. <a href="https://www.banfacialrecognition.com/festivals/">The use of facial recognition at music festivals</a> in 2019 led to campaigns for its ban.</p>
<p>In my view, the urge to make the night safer should not simply mean more surveillance. </p>
<p>The use of surveillance technologies has also been shown to increase <a href="https://read.dukeupress.edu/books/book/147/Dark-MattersOn-the-Surveillance-of-Blackness">racial</a> and <a href="https://doi.org/10.1177/20539517211053712">gender</a> discrimination because they often incorporate biased data sets and disregard historical inequalities. There’s a <a href="https://doi.org/10.1177/0042098014552934">long history of night regulations and policing</a> that has <a href="https://www.rutgersuniversitypress.org/urban-nightlife/9780813569390">disproportionately targeted minorities</a>. </p>
<figure class="align-center ">
<img alt="Person rides bike in front of hanging lights." src="https://images.theconversation.com/files/528713/original/file-20230528-158323-ui1pvr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/528713/original/file-20230528-158323-ui1pvr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/528713/original/file-20230528-158323-ui1pvr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/528713/original/file-20230528-158323-ui1pvr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/528713/original/file-20230528-158323-ui1pvr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/528713/original/file-20230528-158323-ui1pvr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/528713/original/file-20230528-158323-ui1pvr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Thousands of bikers take to the streets during an annual event called ‘Ciclovia Nocturna’ in Bogotá, Colombia.</span>
<span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/thousands-of-people-took-to-the-streets-on-their-bicycles-news-photo/1237135190?adppopup=true">Juan David Moreno Gallego/Anadolu Agency via Getty Images</a></span>
</figcaption>
</figure>
<p>With responsible, careful deployment, however, certain data can be a <a href="https://doi.org/10.5281/zenodo.7272288">useful tool for night governance</a>. For example, responsibly tracking movement at night can help cities understand where more nighttime public transit might be useful.</p>
<p>Expanding safety and a sense of belonging is essential. While <a href="https://www.mtl2424.ca/wp-content/uploads/2021/09/MTL2424_RapportConsultations_fe%CC%81vrier2021.pdf">consulting with residents of Montreal</a>, I learned about the ways in which they wanted <a href="https://seloppgcomufmg.com.br/wp-content/uploads/2021/12/Arte-Comunicacao-e-transpolitica-Selo-PPGCOM-UFMG.pdf">the night to be safer</a> for LGBTQ communities and free from racial and ethnic discrimination. The city’s nightlife was also entangled with the fight against gentrification and more reasonable noise mitigation policies – issues that affect many places in North America.</p>
<p>As more American cities adopt nighttime governance mechanisms, lessons learned from cities like Montreal are valuable – and can help families like my own, who don’t operate on the traditional 9-to-5 clock, <a href="https://hal.science/halshs-01700806">thrive</a>.</p><img src="https://counter.theconversation.com/content/202488/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Jess Reia received funding from the Mellon Foundation. They are currently a member of the Coalition for Independent Technology Research and a former member of MTL 24/24's first Night Council in Montreal, Canada.</span></em></p>Nighttime is much more than a source of danger or an occasion to party – it’s a portal into a different world, with rhythms, challenges and lifestyles of its own.Jess Reia, Assistant Professor of Data Science, University of VirginiaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2061012023-05-24T13:42:03Z2023-05-24T13:42:03ZCorruption in South Africa: former CEO’s explosive book exposes how state power utility was destroyed<figure><img src="https://images.theconversation.com/files/527785/original/file-20230523-19-yugb19.png?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Former Eskom CEO Andre de Ruyter.</span> <span class="attribution"><span class="source">PenguinRandomHouse</span></span></figcaption></figure><p>One repeated theme of the <a href="https://www.penguinrandomhouse.co.za/book/truth-power-my-three-years-inside-eskom/9781776390625#:%7E:text=De%20Ruyter%20candidly%20reflects%20on,to%20speak%20truth%20to%20power">memoir</a> Truth to Power: My Three Years Inside Eskom, by Andre de Ruyter, former CEO of South Africa’s <a href="https://theconversation.com/south-africas-electricity-supply-whats-tripping-the-switch-151331">troubled power utility</a>, Eskom, is that “negligence and carelessness had become cemented into the organisation”. </p>
<p>Dirt piled up at even the newest power stations until it damaged equipment, which stopped working – and some equipment disappeared beneath a layer of ash.</p>
<p>Integrity had been displaced by greed and crime: </p>
<blockquote>
<p>Corruption had metastasised to permeate much of the organisation. </p>
</blockquote>
<p>As a political scientist who has, among other topics, followed corruption and kleptocracy, this book ranks among the more informative.</p>
<p>De Ruyter (or his ghost writer) delivers a pacey, racy adventure <a href="https://www.penguinrandomhouse.co.za/book/truth-power-my-three-years-inside-eskom/9781776390625">thriller</a>. Chapter after chapter reads like a horror story about Eskom, whose failure to generate enough electricity consistently for <a href="https://theconversation.com/power-cuts-and-food-safety-how-to-avoid-illness-during-loadshedding-200586">the past 15</a> years has <a href="https://www.investec.com/en_za/focus/economy/sa-s-load-shedding-how-the-sectors-are-being-affected.html">hobbled the economy</a>. </p>
<p>The book is also a sobering indication that parts of South Africa now fester with organised crime.</p>
<p>This book merits its place alongside <a href="https://www.loot.co.za/product/crispian-olver-how-to-steal-a-city/jywy-5080-g730?PPC=Y&gclid=EAIaIQobChMIgZaS7pbE3QIVS7DtCh0EGQXfEAAYASAAEgLszPD_BwE&gclsrc=aw.ds">How to Steal a City</a> and <a href="https://jacana.co.za/product/how-to-steal-a-country-state-capture-and-hopes-for-the-future-in-south-africa/">How to Steal a Country</a>. These two books chronicle how corruption undermined respectively a city and a country to the level where they became dysfunctional.</p>
<h2>Brazen looting</h2>
<p>Another take-away is the devastating indictment of De Ruyter’s immediate predecessors as CEO, <a href="https://www.eskom.co.za/heritage/matshela-koko/">Matshela Koko</a> and <a href="https://www.eskom.co.za/heritage/brian-molefe/">Brian Molefe</a>. They appear as incompetent managers who ran into the ground what the Financial Times of London had praised as the world’s best state-owned enterprise as recently as 2001. Both <a href="https://www.news24.com/news24/southafrica/news/live-former-eskom-boss-matshela-koko-arrested-on-corruption-charges-20221027">Koko</a> and <a href="https://www.sabcnews.com/sabcnews/molefe-singh-back-in-palm-ridge-specialised-commercial-crimes-court/">Molefe</a> have been charged with corruption – at Eskom and the transport parastatal Transet, respectively.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/explosive-revelations-about-south-africas-power-utility-why-new-electricity-minister-should-heed-the-words-of-former-eskom-ceo-201508">Explosive revelations about South Africa's power utility: why new electricity minister should heed the words of former Eskom CEO</a>
</strong>
</em>
</p>
<hr>
<p>The standard joke about corruption is “Mr Ten Percent” – meaning a middleman who adds 10% onto the price of everything passing through his hands. Under Koko and Molefe, this had allegedly ballooned into “Mr Ten Thousand Percent”. </p>
<p>For example, De Ruyter writes that Eskom was just stopped in the nick of time from paying a middleman R238,000 for a cleaning mop. </p>
<p>Corruption focused on the procurement chain. One middleman bought knee-pads for R150 (US$7,80) and sold them to Eskom for R80,000 (US$4,200). Another bought a knee-pad for R4,025 (US$209) and sold it to Eskom for R934,950 (US$48,544). The same applied to toilet rolls and rubbish bags. One inevitable consequence of corruption on such a scale was that Eskom’s debt, which was R40 billion (US$2.076 billion) in 2007 (the year that former president Jacob Zuma came to power), ballooned to R483 billion (US$25 billion) by 2020 – which incurred R31 billion (US$160 million) in annual finance charges.</p>
<figure class="align-right ">
<img alt="Book cover showing a Caucasian man." src="https://images.theconversation.com/files/527730/original/file-20230523-27-r4nxs8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/527730/original/file-20230523-27-r4nxs8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=920&fit=crop&dpr=1 600w, https://images.theconversation.com/files/527730/original/file-20230523-27-r4nxs8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=920&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/527730/original/file-20230523-27-r4nxs8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=920&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/527730/original/file-20230523-27-r4nxs8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1156&fit=crop&dpr=1 754w, https://images.theconversation.com/files/527730/original/file-20230523-27-r4nxs8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1156&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/527730/original/file-20230523-27-r4nxs8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1156&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption"></span>
<span class="attribution"><span class="source">PenguinRandomHouse</span></span>
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<p>De Ruyter reveals that the “presidential” cartel (meaning one of the local mafias) pillaged Matla power station, the “Mesh-Kings” cartel Duvha power station, the “Legendaries” cartel Tutuka power station, and the “Chief” cartel Majuba power station. He writes that the going rate for bribes at Kusile power station is R200,000 (US$10,377) to falsify the delivery of one truckload of good quality coal. <a href="https://www.gov.za/speeches/special-investigating-unit-secure-another-preservation-order-matter-related-corruption">Kusile</a> is one of the two giant new coal-fired power stations which Eskom is relying on to end power cuts.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/south-africas-bailout-of-eskom-wont-end-power-cuts-splitting-up-the-utility-can-as-other-countries-have-shown-200490">South Africa's bailout of Eskom won't end power cuts: splitting up the utility can, as other countries have shown</a>
</strong>
</em>
</p>
<hr>
<p>The book says a senior officer at the <a href="https://www.saps.gov.za/dpci/index.php">Hawks</a>, the police’s priority crimes investigation units, tipped off De Ruyter how he was blocked in all his attempts to combat corruption at Eskom. Senior police officers, at least one prosecutor, and a senior magistrate, have also been bribed by the gangs. </p>
<h2>Noncomformist</h2>
<p>Eskom had 13 CEOs and acting CEOs in 13 years. Twenty-eight candidates, most of them black, rejected head-hunters’ offers to become CEO of Eskom. De Ruyter who was previously CEO of Nampak, took a pay cut (to R7 million) to accept the job, in the hope of accelerating Eskom’s transition from coal to renewables.</p>
<p>At the time of his appointment some commentators alleged that he was an African National Congress (ANC) cadre deployed to Eskom. The ANC’s <a href="https://www.researchgate.net/publication/321223498_The_African_National_Congress_ANC_and_the_Cadre_Deployment_Policy_in_the_Postapartheid_South_Africa_A_Product_of_Democratic_Centralisation_or_a_Recipe_for_a_Constitutional_Crisis">cadre deployment</a> policy is aimed at ensuring that all the levers of power are in loyal party hands – often regardless of ability and probity. But De Ruyter came <a href="https://www.news24.com/news24/politics/anc-claims-de-ruyter-is-trying-to-tarnish-its-image-ahead-of-elections-in-2024-20230426">into conflict</a> with the ruling party.</p>
<p>What caught De Ruyter out was the viciousness of the political attacks on him: smears of racism and financial impropriety. He had to devote many hours of office time to refuting them: </p>
<blockquote>
<p>occupying that seat at Megawatt Park comes with political baggage. </p>
</blockquote>
<p><a href="https://za.geoview.info/eskom_megawatt_park,32555009w">Megawatt Park</a> is Eskom’s head office in Johannesburg. </p>
<p>The book’s early chapters summarise how he was one of those Afrikaners with Dutch parents, who did not conform entirely to apartheid norms. The Afrikaner <em>volk</em> imposed the <a href="https://www.britannica.com/topic/apartheid">apartheid</a> regime onto South Africa for 42 years. In his high school years he became a card-carrying member of the <a href="https://www.britannica.com/topic/Progressive-Federal-Party">Progressive Federal Party</a>, a liberal anti-apartheid opposition party, antecedent of the Democratic Alliance, which is now the official opposition to the governing party. </p>
<h2>Poisoning</h2>
<p>De Ruyter’s book mentions organising a routine Eskom stakeholders’ meeting at a guesthouse in Mpumalanga province. </p>
<p>To save time, he ordered that food be served on plates to table places, instead of buffet arrangements. The guesthouse management refused, due to fear of facilitating poisoning one or more guests – only buffet arrangements could thwart that. </p>
<p>He says that in Tshwane (Pretoria), the seat of government, the National Prosecution Authority no longer orders takeaway lunches for delivery to their premises. Instead, standard procedure is that a staff member buys lunches for all at random take-away shops. </p>
<p>This sinister development culminated in De Ruyter himself being poisoned with cyanide in his coffee in his office, demonstrating how mafia-type gangs had recruited at least one Eskom headquarters staff member.</p>
<h2>Unintended consequences</h2>
<p>In several places De Ruyter also touches on other issues. The unintended consequence of some government policies, such as localisation and <a href="https://www.treasury.gov.za/comm_media/press/2022/2022110801%20Media%20Statement%20-%20PPP%20Regulations%202022.pdf">preferential procurement</a>, is that it costs Eskom two and a half times more to pay for each kilometre of transmission cable than it costs <a href="https://www.nampower.com.na/">Nampower</a> Namibia’s power utility, just across the border. </p>
<p>What stands out from this memoir is that the success of a company demands that a CEO, managers, artisans, guards, and cleaners all take the attitude that the buck stops with them – seven days a week – and act accordingly.</p><img src="https://counter.theconversation.com/content/206101/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Keith Gottschalk is a member of the African National Congress, but writes this review in his professional capacity as a political scientist.</span></em></p>The book shows how parts of South Africa now fester with organised crime.Keith Gottschalk, Political Scientist, University of the Western CapeLicensed as Creative Commons – attribution, no derivatives.