ANC Today --------------------------------------------------------------------- Volume 3, No. 28, 18-24 July 2003 --------------------------------------------------------------------- THIS WEEK: * Letter from the President: Democracy must be restored to Sao Tome * Traditional leadership: Important role for traditional leaders in development and nation-building * South African Sport: Major restructuring aims at improved performance and efficiency * Message of the ANC to Isithwalandwe Nelson Rolihlahla Mandela on the occasion of his 85th birthday --------------------------------------------------------------------- LETTER FROM THE PRESIDENT Democracy must be restored to Sao Tome In the early hours of Wednesday, 16 July, the military in the Central African island state of Sao Tome and Principe, led by a Major Fernando Pereira, carried out a coup d'etat. They overthrew the democratically elected government of President Fradique Bandeira de Menezes and arrested the Prime Minister, Ministers and other leaders. The President himself was away in Nigeria. This follows the earlier coup d'etat in the Central African Republic, led by General Bozize, which overthrew the government led by President Ange-Felix Patasse. Coming so soon after the Maputo 2nd Assembly of Heads of State and Government of the African Union, the overthrow of the government of Sao Tome, with a population of 140,000, underlined the challenge the African continent continues to face with regard to the critical matter of the defence and entrenchment of democracy. Available information suggests that the initial complaints of the military centred largely around issues of conditions of service, including pay, housing and new uniforms. As President Menezes had undertaken to deal with these matters in person, there was no reason to assume that the military would seek to resolve them by resort to an illegal seizure of power. Of course, the coup leader, Major Pereira has said that the reason for the military action was that widespread poverty and bad governance had led to a political crisis in the country. He said the reason for the coup was "the continuing social and economic decline" in the country. Speaking as head of what he called the "National Salvation Front", he announced that a Council of State would be established to organise elections and restore constitutional rule. He did not say when all this would be done. It is true that early this year tension arose between the President and Parliament. Parliament had approved constitutional changes that would limit the powers of the President, which the latter vetoed. The President then went on to dissolve the legislature and call for early elections, saying there was a "serious political crisis" in the country. He later reversed this decision. The major political parties condemned the decision of the President to dissolve Parliament, saying he had weakened democracy. One of the political leaders, Guilherme Posser da Costa, was quoted as saying: "Parliament is now legitimised by a presidential decree and not by the people and this is a perversion of democracy. It is ridiculous and absurd." The original liberation movement of Sao Tome, which led the struggle for independence from Portugal, the MLSTP, described the President's actions as a "black page" in the history of Sao Tome. There are other matters that may relate to the unconstitutional behaviour of the military of Sao Tome, which we should bear in mind. In recent years it has been established that Sao Tome has big proven reserves of oil. The government has therefore been involved in a process leading to the granting of concessions to various bidders for the exploitation of these oil fields, with production scheduled to start in about four years. Significantly, the soldiers had also asked that they should be represented in the government structures handling this matter. Reporting from Sao Tome, on 30 June this year, a correspondent of the "Inter Press Service News Agency", Lansana Fofana, had quoted Prime Minister Maria das Neves as saying: "We, in Sao Tome, will be very careful. We are not going to repeat the mistakes of other African nations where natural resources turned into a curse rather than a blessing for them. We will be transparent as much as we can in our dealings and ensure that the people of Sao Tome directly benefit from their country's oil wealth." On the other hand, Raul, a political commentator, said: "We do cherish wealth from our oil deposits. But we have seen how such revenue from natural resources ends up destroying other African states. So we would rather stay poor than being plunged into anarchy." Luis, a cocoa farmer, told Fofana: "I have been on the plantations for more than 15 years but things are just not changing. The discovery of oil is good news. Perhaps, this will help us educate our children and improve our social condition." Miguel, a high school drop out, told him: "I have always nurtured the idea of going in search of greener pastures abroad; but if the story of the oil discovery is true, I will drop the idea, stay home and benefit from the largesse." As President Bush began his visit to Africa, the British newspaper "The Guardian", carried an article written by Rory Carroll, dated July 7, and entitled "Bush begins his African odyssey today, but is he there to plunder or provide?" The subtitle, referring to Sao Tome, said: "Tiny African island wonders if America's scramble for its oil will bring untold riches or yet more pain." Carroll reports a fisherman, Mr Lima, as saying: "The oil is an opportunity, sure. But whether we benefit depends on the conscience of the big guys." Carroll goes on to quote a former health minister, Carlos Tiny, as saying: "It will be heaven, hell or purgatory depending on the choices of the political elite." A former foreign minister, Patrice Trovoada, told Carroll: "Let's be honest. We are a spare tyre in case the Middle East gives the Americans a hard time. They don't care as long as the oil is safe to be pumped.Yes, corruption here is a fact of life." The Foreign Minister in President Menezes' government, Mateus Meira Rita, has said that mercenaries, who had fought in Angola as part of the South African Defence Force Buffalo Batallion 32 during the apartheid years, supported by a small party with no parliamentary representation, the Christian Democratic Front, were responsible for the coup. He also said: "We recognise there are social and economic problems, but there's no reason for the renegades to go ahead with this coup attempt, because power is won at the ballot box, not through violence." Unlike the Central African Republic, Sao Tome has no recent history of sustained unrest and instability. The last time there was any evidence of such serious instability was in 1995, when a mutiny led to the detention of the President for a short period, and the holding of new elections the following year. It is true that there were anti-government protests in April this year, which resulted in the death of one person. The current coup therefore came as a complete surprise. In time, the truth will come out as to what led to the coup d'etat of July 16. Was it occasioned by poor service conditions for the military? Was it caused by poverty and worsening economic conditions? Did it arise from conflicts among the political elite, leading to a possible crisis threatening democratic and constitutional rule? Was it prompted by corruption? Did it emanate from lessons learnt by some soldiers in the apartheid Buffalo Battalion 32? Was it caused by a scramble for oil riches? Or was it provoked by a combination of all these factors? Whatever the reasons, it has posed a challenge to the African Union. Already in 1999, the OAU took the decision not to recognise and admit into its ranks governments that had come to power by unconstitutional means. This has been confirmed by the African Union, which, accordingly, did not invite to its Maputo Summit, the government of the Central African Republic formed by General Bozize. In addition, the Constitutive Act that gave birth to the African Union has specific provisions relating to the important issue of democracy. In its preamble, it commits the Union "to promote and protect human and peoples' rights, consolidate democratic institutions and culture, and to ensure good governance and the rule of law." It also states that the continent is "conscious of the fact that the scourge of conflicts in Africa constitutes a major impediment to the socio-economic development of the continent and of the need to promote peace, security and stability as a prerequisite for the implementation of our development and integration agenda." To indicate the seriousness of the continent with regard to achieving its renewal, the Constitutive Act states that: "Any Member State that fails to comply with the decisions and policies of the Union may be subjected to other sanctions, such as the denial of transport and communications links with other Member States, and other measures of a political and economic nature to be determined by the Assembly." The reality is that Major Pereira and his colleagues have shown the greatest disrespect for the decisions and policies of the Union. They have acted in a manner directly contrary to the provisions of the Constitutive Act, which was ratified by Sao Tome and Principe, together will all other member states of the African Union. Accordingly, it also has the force of domestic law in this African country. The coup leaders have called on the AU not to intervene to restore democracy in Sao Tome, pleading that the population is "one family", which will resolve its domestic quarrels on its own. Nevertheless, quite correctly, the current Chairperson of the Union, President Chissano, has taken steps to ensure that the Union lives up to its obligations to ensure a speedy restoration of democracy in Sao Tome. Among other things, he has asked the countries of Central Africa to intervene in this matter, acting on behalf of the Union. They have agreed to act as requested, and as a matter of urgency. The Protocol establishing the Peace and Security Council of the AU visualises the establishment of an early-warning mechanism. The African Commission on Human and Peoples' Rights has continuous oversight on matters of human and peoples' rights, mandated to intervene on these matters in all our countries. The African Peer Review Mechanism provides for the possibility for us to assist one another to meet the standards set in the Constitutive Act with regard to such matters as democratic institutions and culture, good governance and the rule of law. The coup d'etat in Sao Tome emphasises the need for our continent to move decisively to ensure that all these institutions and processes are made fully operational as quickly as possible. Given the decisions we have taken with regard to African integration and unity, as reflected by the AU and its socio- economic programme, NEPAD, we cannot accept that the events in Sao Tome constitute "a family affair", that Africa must only condemn and otherwise learn to live with. Democracy in Sao Tome must be restored as a matter of urgency. --------------------------------------------------------------------- TRADITIONAL LEADERSHIP Important role for traditional leaders in development and nation-building The role and place of traditional leadership in a democratic South African has been substantially clarified with the publication of a government White Paper and draft bill on traditional leadership and governance. At the same time, the ANC and the Congress of Traditional Leaders of South Africa (Contralesa) agreed this week to establish a standing joint task team to cooperate in spelling out how elected structures of governance should work with the institution of traditional leadership to encourage social and economic development across the country, and particularly in areas falling under the jurisdiction of traditional leaders. The product of extensive consultation and lengthy research, the White Paper on Traditional Leadership and Governance sets out a broad policy framework on the place and role of the institution of traditional leadership in the new democratic system of governance. Writing in the foreword to the White Paper, Provincial and Local Government Minister Sydney Mufamadi says it is government's view that "the institution not only has a place in our democracy, but that it has the potential to transform, to contribute enormously towards the restoration of the moral fibre of our society, and to play a significant role in the reconstruction and development of the country, especially in rural areas". The paper says that traditional leaders should be custodians of tradition and culture. In respect of governance, their role should be advisory, supportive and promotional in nature. The national and provincial houses of traditional leaders should therefore play a meaningful role in legislative processes and other matters affecting tradition and culture. One of the aims of the policy and the draft bill is to ensure that the legitimacy of those occupying positions within the institution of traditional leadership is beyond reproach. The draft bill therefore provides a statutory framework for the recognition and removal from office of traditional leaders; provides for a dispute resolution mechanism; and establishes a commission on traditional leadership disputes and claims. It departs from the premise that the state should play a limited role in the identification and designation of traditional leaders, guided by the culture and tradition of the relevant community. The policy says traditional leaders should be involved in nation-building initiatives, while promoting the rights of cultural, linguistic and religious communities. "Traditional leaders should promote the implementation of development proposals by assisting municipalities in building consensus in respect of development projects and plans. The institution should also continue to play a defines role within the criminal justice system and in land administration issues." One of the challenges which the policy position seeks to overcome is the disruption and uncertainty caused to the institution of traditional leadership by the policies of successive colonial, apartheid and bantustan administrations. It aims to re-establish the legitimacy and relevance of the institution, and provide clarity on its structure, mechanisms of accountability, and salaries, allowances and benefits. It defines the role and function of the national and provincial houses of traditional leaders, and makes provision for the establishment of district houses of traditional leaders. The district houses would advise the relevant municipality on indigenous and customary law, custom, and planning frameworks and by-laws that impact on traditional communities. They would also participate in local initiatives aimed at monitoring, reviewing or evaluating government programmes in rural communities. The draft legislation would empower premiers to recognise traditional communities and enable such communities to each establish a traditional council. The council would comprise traditional leaders, community members chosen by the chief in terms of custom, and other elected community members. At least a third of the members of the council must be women. The policy recognises only the positions of kingship, chieftainship and headmanship within the institution of traditional leadership. It provides a framework for the recognition of each of these positions and for the circumstances under which a traditional leader may be removed from office. The White Paper acknowledges that the institution of traditional leadership is not homogeneous, and that culture and tradition differ from one community to another. The functions performed by traditional leaders throughout the country also differ from one province to another. It will therefore be necessary for provincial legislatures to develop legislation within the national framework legislation which takes into account the peculiar circumstances of each community. It will also need to be accompanied by a process of reviewing and rationalising the approximately 1,500 existing laws which relate to the institution of traditional leadership. It will be necessary, once the national framework legislation and complementary provincial legislation is in place, to clear the statute book of all unnecessary and unconstitutional laws inherited from the apartheid and colonial periods. The ANC and Contralesa agreed at their meeting in Johannesburg this week that it was necessary for the structures of both organisations at all levels to work together in clarifying the latest developments in relation to the place and role of traditional leadership in the system of democratic governance. The meeting also agreed to strengthen and deepen the historical relationship between the ANC and Contralesa. MORE INFORMATION: Draft Traditional Leadership and Governance Framework Bill, June 2003 http://www.dplg.gov.za/Documents/Bills/1-25155Prov%20Local.pdf ANC Statement on Contralesa meeting, July 2003 http://www.anc.org.za/ancdocs/pr/2003/pr0715.html ---------------------------------------------------------------------SOUTH AFRICAN SPORT Major restructuring aims at improved performance and efficiency A confederation of sports bodies and a national sports academy are among the elements of a new plan announced by government this week to streamline South African sport and improve the potential for success in high performance sport. The plan follows an investigation into high performance sport and its impact on sport generally by a ministerial task team (MTT) appointed in December 2000 by Sport and Recreation Minister Ngconde Balfour. A proposed two-tier system for governance of sport and recreation in the country will result in a fully-fledged government department and a non-governmental sports confederation. These structures will take responsibility for all levels of sport, including mass participation and high performance. This will include the establishment of a national sports academy incorporating existing provincial academies. Balfour and Public Service and Administration Minister Geraldine Fraser-Moleketi have been tasked with overseeing the restructuring of the national government department of sport and recreation. The proposed confederation will include the National Olympic Committee of South Africa (Nocsa), Disability Sport South Africa, the SA Commonwealth Games Association, the South African Students Sports Union and the United Schools Sports Association of South Africa. Elements of the South African Sports Commission and Sport and Recreation South Africa are also likely to be included in the confederation. Cabinet has given the plan its approval and Balfour will consult with Finance Minister Trevor Manuel to consider the costs of the establishment and sustainability of the proposed national academy. The plan has the complete support of all stakeholder organisations in sport and a process will now be put in place to give effect to it. Balfour expressed his appreciation to the ministerial task team and the implementation task team for their work in finalising the plan that is set to lead South African sport into the future. "Much consultation and hard work has gone into this plan," Balfour said. "I am really grateful to all those individuals and organisations who sacrificed their time, effort and even resources in drafting this plan. I am especially pleased that all macro bodies have given it their full approval. The winners of this cooperation between sports bodies will be the young sportsmen and sportswomen of our country." The task team's reports will now be publicly released with working groups appointed to oversee the establishment of the proposed confederation and the national academy. Widespread consultations on a cooperation agreement have been held between all the relevant stakeholders and will be signed shortly. Balfour will also present an implementation programme for consideration when the agreement is signed. It is envisaged that the new system of governance for sport and recreation will be on track by April 2005. --------------------------------------------------------------------- Message of The ANC to Isithwalandwe Nelson Rolihlahla Mandela on the Occasion of his 85th Birthday The African National Congress extends warm wishes and heartfelt congratulations to you, Isithwalandwe Nelson Rolihlahla Mandela, on the occasion of your 85th birthday. We join millions of South Africans and many from around the world in sharing with you, Tata, this milestone in your life. We celebrate, together with millions of your compatriots, a life spent in service of the people and in pursuit of the ideals of national liberation, democracy and freedom. The African National Congress is privileged and honoured to count you as one of the great leaders of our movement, who continues to provide advice, inspiration and leadership. We recall, on this important occasion, the immense contribution that you have made over many decades to the liberation of our people and the building of our nation. As a founding member of the ANC Youth League; national volunteer-in- chief of the Defiance Campaign; the first commander-in-chief of Umkhonto we Sizwe; as president of the ANC; and as South Africa's first democratically- elected President, you always put the needs and interests of the people above your own. As we celebrate your 85th birthday, we acknowledge with gratitude and respect the great personal sacrifices you have made in the service of democracy and freedom. Happy birthday, Tata. May you have many more. (Signed) Kgalema Motlanthe Secretary General --------------------------------------------------------------------- This issue of ANC Today is available from the ANC web site at: http://www.anc.org.za/ancdocs/anctoday/2003/at28.htm To receive ANC Today free of charge by e-mail each week go to: http://www.anc.org.za/ancdocs/anctoday/subscribe.html To unsubscribe yourself from the ANC Today mailing list go to: http://lists.anc.org.za/mailman/listinfo/anctoday