ConCourt Vs. ConCourt: Lessons In People Power

It’s good to be back after a not so pleasant break. I was down with a paralysing flu but thank goodness for the kin of holy waters and holy oils - the holy herb. 

Seriously, it was a cannabis oil concentrate that gave my son and I quick recovery and so yes, legalize it, if only for medicinal purposes.  Let me stop here and reserve this story for another day, before you start asking questions that might land me in court.

Speaking of courts, this week was just a marvel to witness in neighboring South Africa wasn’t it? I couldn’t help but compare the legal system and processes there to those here in Swaziland. 

I think, for particularly Africans in the Diaspora, it was difficult to observe the proceedings of the South African Constitutional Court without contrasting with our own homeland judiciary processes and mechanisms.

Firstly, the Constitutional Court case was brought by opposition political parties against the head of state of the country after he blatantly ignored and downright laughed at public outcries and the Public Protector’s findings and recommendations about the exorbitant cost of upgrades to his private residence in Nkandla. 

In short, and in many occasions, President Jacob Zuma told all South Africans point blank that he would not be paying back a single cent of the money that the Public Protector recommended he should consider paying. 

So for a young democracy like South Africa, most citizens were pleased to see their laws and political processes put to the test and work in their favor through this court case. 

But for me and my Zimbabwean, Gambian, Burundian and Equatoguinean friends, that it was the head of a ruling leader of the country on the chopping board was almost incomprehensible.

It was additionally mind-blowing when I thought that the last article I wrote on this column was about our Attorney General (AG) essentially telling, not only women to shut up in the profession/political/public spheres, but sending the same loud and clear message to lawyers and judges during the his remarks at the opening of the High Court recently. 

See how I couldn’t help but compare? The power scales and which way they tip and for whose benefit are so glaringly imbalanced.

As the South Africans actively noted this historic moment in their democratic trajectory with the social media hashtag #ConCourt (for Constitutional Court), I couldn’t help thinking we could use a hashtag like this too. 

However, ours would be to indicate how our courts continue to con us. How else do you explain the AG and other officials who use their positions of authority to override what our constitution upholds?

See, it also boils down to 1) freedom of expression, 2) respect for freedom of expression and 3) respect for the rule of law. Never mind the individual freedoms in this regard but what we saw in South Africa this week is the power of COLLECTIVE delivery in expressing oneself freely and within the law.

When they entered the political landscape, the Economic Freedom Fighters (EFF) were dismissed as a bunch of useless little boys who are angry at President Zuma for firing them from the ANC, but let’s admit it, love or hate them, they have opened the eyes of many people, not only in South Africa but in the continent, to the various layers of political and legal processes and structures. 

By pursuing the Nkandla matter from parliament all the way to the Constitutional Court, amongst others, they have reminded us and taught some of us, that whether you have a particular interest in politics or not, the politics of the land will always affect you as an individual and you should therefore pay attention. 

Not only pay attention, but also not hesitate to exercise your constitutionally provided and protected freedoms of seeking clarity on governance issues that affect you.

The other piece that is equally abstract as taking a head of state to court for me and my Gambian friends is the ‘idea’ of a Public Protector and the powers that this office holds. 

Boy, aren’t some kinds of democracy, even with all their limitations, just beautiful? Just from the name of this office you can tell what this office is about – it requires a vigilant, participatory and responsible members of the public.

EFF leader Julius Malema speaks to party supporters during their march to the Constitutional Court on February 9, 2016

A participatory, response and curios population is the best guarantee for the respect and protection of our human rights. This is why I value and respect curiosity – it brings us so many lessons. You cannot demand accountability from politicians and other public servants if you are not fully alert to how and why they are bound to function in relation to you. 

Think of it as a consumer of products of a private company if you like. Even there, you have to familiarize yourself with consumer rights in order to firstly, KNOW that you are being short changed and then challenge that and utilize all the available tools to ensure that the company is accountable in the end.

I will not even unpack how this constitutional court challenge against President Zuma presented real fears of impeachment as conceded to by Mr. Zuma himself in court, albeit subtly, except to say this word; impeachment, is packed with the power of that fist that is raised when shouting “Amandla! Awethu!” (Power to the people).

So yes, it is our responsibility (rights do come with responsibilities after all) to familiarize ourselves with all binding frameworks that govern us including the country’s constitution and also be curios what the guiding principles of our unique form of monarchical democracy are. 

Without these simple practical steps, we are sure to find out swallowing snakes, rats and petrol just because the Pastor said so while he was standing on our spineless backs .