Tribute | BY KGALEMA MOTLANTHE
We stand on the shoulders of a giant

Vengeance, like victor's justice, seeks to destroy and not build. In Nelson Mandela's typical sage of the age tone, he reminded us that the best way to triumph over this backward outlook is to collectively build reconciliation, unity, peace and justice for all South Africans. True to his statesmanship, Mandela gave up power when all of us still felt the need for his peerless guidance.>>> MORE

Report back | BY DR BLADE NZIMANDE
Developing a new generation of leaders through a quality, accessible and transformed post-school system

The establishment of the Department of Higher Education and Training provides an opportunity for the creation of a single, coherent, post-school education and training system that is structured to meet the aspirations of youth and adults and to ensure that education, training and skills development initiatives respond to the requirements of the economy, our rural development challenges, and the need to develop a highly educated, informed and critical citizenry. >>> MORE

Report back | BY DR MATHOLE MOTSHEKGA
Democratic Alliance's proposed pardons bill undermines the President and the constitution

It is ironic that a Party, which during the elections campaign employed false and deceptive scare tactics that the ANC will change the Constitution, is today itself beginning to show signs that it wants to amend the Constitutional so that the sitting President is rendered powerless. >>> MORE

 

Tribute by Kgalema Motlanthe

We stand on the shoulders of a giant

When the doors of Victor Verster Prison flung wide open and Nelson Mandela strode out into the clear South African sun, it was a metaphorical moment clearly signifying the end of an era. In fact it could be argued that this moment, for which the world had waited for 27 years, symbolised the delimiting factor of an era, an epoch.

It reflected rapture between the past and the present, with Mandela's graceful walk to freedom at once signalling the beginning of the end for a racially toxic political system as well as heralding the first rays of a new dawn. Along with the establishment of Haiti as the first black Republic on January 1, 1804, and the independence of Ghana on March 6, 1957, February 11, 1990 marks a defining moment in the history of post-colonial liberation.

Standing astride these two epochs, the dying old and the incipient new, the towering figure of Madiba necessarily morphed into an image symbolic of justice long denied the oppressed not only in South Africa but the world over. Mandela's name conjured up images of sacrifice and exceptional leadership in the face of staggering odds. He thus typified selflessness, humility and consistency between principle and practice. His tireless efforts at remaking our country on human-centered principles made his name synonymous with justice, fairness, unity and reconciliation.

His capacious conception of freedom made no distinction between the oppressor and the oppressed. Just as he faced imprisonment and possible execution for believing in liberation for both the oppressor and the oppressed, so did he emerge from prison firmly adhering to the view that the future of South Africa rested in freedom, justice and equality for the former oppressor and the former oppressed alike.

To this end, he, as only Mandela could, met up with the now late Betsy Verwoerd, wife of the man whose name personified apartheid itself, Hendrick Verwoerd. In like manner, he visited Dr Quartus de Wet, former South African judge-president of the Transvaal, who sentenced him to life in prison for daring to question apartheid and its jurisprudence. In a twist of irony, he made these bold overtures impelled by the same ideals for which he had suffered unjust incarceration.

Principled to the core, Nelson Mandela frowned upon attempts from some quarters, clothed in the garb of wise council, to delink him from his political home, the African National Congress (ANC), and by extension his own people. His larger-than-life stature did not in any way stand in the way of his unassuming nature and democratic traits.

Successes he represented as an individual in lifting our nation from its inhibitive social cleavages and putting it onto a path of reconciliation were always the result of wide consultations and an eagerness to hear all sides.

Looking back on the epoch-making events that surrounded Madiba's release from prison with the advantage of hindsight, we cannot but appreciate the enormity of challenges we had to wade through, and Mandela's statesmanship, courage and moral consistency, qualities that successfully guided our political transition through uncharted but turbulent terrain. Depending where they are located ideologically, historians have always been divided over whether history is made by the faceless multitudes, or a select breed of great men.

In this respect, keen observers of the South African revolution would point to the symbiotic relationship between the masses of the oppressed and great leadership provided by Madiba up until the democratic elections. These two currents combined into one mighty wave that finally swept aside apartheid rule.

Such keen observation would also not miss the crucial point that Nelson Mandela and his party, the ANC, have always been indistinguishable to the extent that Mandela's publicly articulated vision is grounded on the ANC's objectives.

Without this understanding it is difficult to fully grasp Mandela's leadership during the difficult period of transition to democracy. In fact, such un-contextualised viewing of the historical role of Madiba will likely reduce complex historical realities to individual whims and quirks of fate!

Many Afro-pessimists, possibly motivated by ill-will at the prospect of a non-racial South Africa, were gloatingly predicting apocalypse for our country amidst sounds of AK 47s assault riffles as 'political violence' rocked the black communities.

Such cynicism was emboldened by the machinations of the third force, long evident and recognised as such among the victims, which sought to drench the prospect of democracy in the blood of the oppressed through covertly supported internecine violence.

Yet not even the ill-intentioned scheming of the dark forces could supplant the vision of a free South Africa that Nelson Mandela embodied. When the cowardly hand of the assassin snuffed out the life of the General Secretary of the SACP, Chris Hani, many doomsayers once again predicted the onset of Armageddon.

In their malevolent calculus, anti-transformation forces had sought to decapitate the emergent prospect of multi-party democracy by plunging society into a bottomless pit of anarchy.

It once again fell into the capable hands of Madiba to warn us against submitting to the temptation for vengeance, as this ran counter to the noble objectives of our struggle. Vengeance, like victor's justice, seeks to destroy and not build. In his typical sage of the age tone, he reminded us that the best way to triumph over this backward outlook is to collectively build reconciliation, unity, peace and justice for all South Africans.

Since oppression thrived on violence, hate and fear, it was only logical to work for peace and unity, thereby deprive forces opposed to change of vital oxygen. Responding to the imperatives of political leadership, he asked members of his organisation in the then volatile Natal province to 'throw their weapons into the sea!'

After decades of hardened attitudes in the theatre of war, some of those affected by the violence- whose minds had been scarred by years of ceaseless bloodletting-disagreed. Yet Madiba's sense of moral consistency would not allow him to condemn violence from only the side one.

This is part of the remarkable legacy of Mandela twenty years after. Candidly, much still needs to be done in this never ending process of socio-political reconstruction of our society.

Despite a democratic dispensation based on an acclaimed constitution, many of our people still wallow in poverty, largely because of this past against which Mandela spent his adult life fighting.

Nevertheless, as South Africans we can, correctly, pride ourselves on the achievements we have made since that epochal day when the world first caught sight of the free Nelson Mandela walking to freedom. Even though much still has to be done, we can pat ourselves on the back for many positive changes in the daily lives of our people.

Indeed, post-apartheid South Africa has much that has changed. Under his stewardship as the first democratic president of our country, Mandela oversaw many economic, political and social changes that set our country on a new trajectory.

And having set the tone for this long winding journey, Mandela, weary of the limb over this long struggle, passed the baton on to the new generation, confident that the onwards march to a better future for all of us was irreversible.

True to his statesmanship, Mandela gave up power when all of us still felt the need for his peerless guidance. It could be argued that this act, once again, represents an era, a new generation had to take over, maintaining this coherent historical consciousness that seeks to build a human-centered society, based on high-minded ideals.

On this account, how we live up to these expectations will reflect our understanding of the historical meaning of Nelson Mandela!

Long live Madiba!

>> Kgalema Motlanthe is the Deputy President of the ANC and Deputy President of the Republic of South Africa

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Report backt | by Dr Blade Nzimande

Developing a new generation of leaders through a quality, accessible and transformed post-school system

Twenty years ago this week, the destiny of our country changed forever as years of revolutionary and selfless struggle gave rise to a free, open and democratic society. The freedoms we now enjoy came as a result of battles fought on many fronts to topple the apartheid regime and undo the legacy of institutionalised racism and discrimination.

One of these frontiers of struggle was the education system. While the apartheid government used an inferior education system to suppress the black population, the revolutionary movement used that very education system as a platform for rebellion and mobilisation.

Universities and colleges were centres of revolt but also political development where militant young people were shaped into formidable and influential activists and leaders.

Now, 20 years later, we are faced with a new set of challenges on our journey to transform our society and create a better life for our people. Education again remains central to this process not only as an essential part of human development but as a tool and platform for change.

Since the advent of democracy in 1994, there have been many changes in the South African higher education system. Important new policy, legislation and studies conducted or commissioned by government have resulted in, inter alia:

• the establishment of democratic and transformative aims and objectives for the system;
• the consolidation of the sector through a process of mergers;
• the establishment of two new national institutes of higher education;
• the reclassification of the technikons as universities of technology (UOTs);
• the establishment of comprehensive universities, including functions of both
• the traditional universities and the former technikons;
• internal institutional reforms with the establishment of new structures such as institutional forums;
• better coordination of SRC activities nationally.

In addition, there has been a large increase in overall student enrolments in higher education. The racial composition of the student body at the former white, coloured and Indian institutions has become more representative of the country's population, in particular because of a significant increase in the numbers of black (especially African) student enrolments. To a lesser extent there has also been an increase in the proportions of black academic and managerial/administrative staff. The representation of women among students and staff has also shown a significant increase and there are now more female than male students.

The establishment of the Department of Higher Education and Training last year has added another dimension to the transformative possibilities in the higher education system. The new Department provides an opportunity for the creation of a single, coherent, post-school education and training system that is structured both to meet the aspirations of youth and adults and to ensure that education, training and skills development initiatives respond to the requirements of the economy, our rural development challenges, and the need to develop a highly educated, informed and critical citizenry.

Having responsibility for the universities, colleges and the workplace-based skills development system (including the SETAs and the National Skills Fund) under the same Ministry provides the opportunity for harnessing synergies and enhancing cooperation between all these institutions. It also raises the need for each of these institutional types to rethink their roles within this new landscape.

Despite all these changes, many problems remain with regard to the transformation of the higher education sector. Most of these problems have been tackled to a greater or lesser extent by institutions and some progress have been made. However, it remains true that we still have a long way to go in creating the kind of university system envisaged by the 1996 White Paper on Higher Education, as well as the aspirations of our people and the needs of our economy and society.

In April, the Department of Higher Education and Training will host a Higher Education Stakeholder Summit to confront and discuss the major challenges facing higher education. The summit will bring together all major stakeholders in higher education including management, academic staff, workers, students and NGOs in the first public engagement since 1994 on higher education. Among the issues we intend tackling are transformation, student access and success, funding and curriculum transformation.

Student access and success

Poor and working class youth face inordinate challenges to access and succeed in the higher education system. This year's registration period, like many before, has seen many desperate young people scrambling to gain entrance into higher education institutions and trying to register for courses of their choice. Career counselling, enrolment counselling, non-traditional access routes and the possibility of a national student application office are among the options we are exploring to increase access to higher education.

The quality of the schooling obviously has an important impact on the success of students at universities and should also be a subject for discussion, in particular the role that universities can play in helping to improve the quality of schooling.

With regard to success, the large dropout rate remains a cause for concern and has a heavy toll on the social system and on families. Student support and the social and living conditions of students are essential to dealing with this problem and is a vital subject of engagement in the higher education sector. Government is increasing academic support and dedicated infrastructural funds to improve learning environments.

Funding and Student Fees

In the ANC's 2009 election manifesto, we stated the following:

“Education is a means of promoting good citizenship as well as preparing our people for the needs of a modern economy and a democratic society. Building on the achievements in education, the ANC government will aim to ensure progressive realisation of universal schooling, improving quality education and eliminating disparities. This requires a major renewal of our schooling and education system."

We remain committed to the introduction of free education for the poor progressively until undergraduate level. One of the instruments to deliver on this commitment is the National Student Financial Aid Scheme which is currently under review. The report of the NSFAS review committee will provide a guide for a major overhaul of the system to make it easier for the poor but academically capable students access higher education.

Problems with the current system are a major source of disruptions to the registration process and academic programme every year. We are determined to deal with the issues of student funding and to put a stop to the annual upheavals on campuses, which are sometimes exploited by elements wanting to exacerbate tensions for their own political and criminal agendas. Our priority is to ensure maximum and quality learning and teaching on our campuses.

Transformation

A ministerial committee which investigated racism in higher education following the ghastly abuse of workers at the University of Free State's Reitz Hostel, provided a grave indication of the extent to which racism and other forms of discrimination are still pervasive at institutions of higher learning. The report notes that there is a disjuncture between institutional policies and the real-life experiences of staff and students.

We believe that the establishment of a monitoring and oversight body is necessary to deal with all forms of discrimination as clearly the good intentions of institutions are insufficient to deal with this problem. This issue will feature on the agenda of the stakeholder summit.

It is no secret that the current structure of the higher education system entrenches the apartheid legacy with rural institutions remaining disadvantaged and unable to compete with their privileged counterparts. The current funding formula therefore requires a fundamental review to ensure equitable development and to eliminate the classification of institutions of higher learning. Government will be undertaking such a review this year.

Teaching, learning and curriculum transformation

We are currently exploring the establishment of new universities in parts of the country where institutions of higher learning are deficient. This will be a major achievement as these would be the first universities modelled and established by the ANC government.

But while these are in the planning stages, we need to access the appropriateness of the curriculum at existing institutions to South African realities. We also need to consider the place of African languages in the curriculum, teaching methodologies and the teaching skills of academic staff. It is also imperative that we develop a new generation of academics and researchers, contribute to a national system of innovation and ensure the responsiveness of universities to complex social and economic problems facing our country.

These are some of the priorities government will be focusing on this year.

The place of universities in the post school education and training system and society
As we work to synergise the higher education and training system, we need to strengthen the articulation between universities and further education and training colleges as well as the Sector Education and Training Authorities (SETAs).

It is also essential that universities become central to the development and education of the communities in which they are located, and break out of the mould of being the preserve of the privileged.

To achieve all this, the ANC and its alliance partners must be at the forefront of mobilising our communities to ensure quality education for all.

Just as they were 20 years ago, our institutions of higher learning need to be at the forefront of our societal struggles and centres of development. Twenty years from now, we shall be judged on the generation of professionals, social activists and leaders which the current education system is producing. Therefore, in line with the vision of the Freedom Charter, the doors of learning must be opened further and the challenges we face in higher education must be overcome.

>> Dr Blade Nzimande is an ANC NEC member and Minister of Higher Education and Training

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Report backt | by Dr Mathole Motshekga

Democratic Alliance's proposed pardons bill undermines the President and the constitution

The Democratic Alliance has proposed to Parliament's Private Members' Legislative Proposals Committee a Bill aimed at “guiding" President Jacob Zuma in the process of carrying out presidential pardons, a prerogative afforded to him by the Constitution.

A pardon is the forgiveness of a crime and the sentence and or penalty associated with it. It is granted by a head of state or a monarch or president, or a competent church authority in certain countries. Pardons are granted in many countries when individuals have demonstrated that they have fulfilled their debt to society, or are otherwise deserving of a pardon.

In Canada pardons are considered by the National Parole Board under the Criminal Records Act, the Criminal Code and several other laws. In France Pardons and other acts of clemency are granted by the President who, ultimately, is the sole judge of the propriety of the measure. It is a prerogative of the President and is directly inherited from that of the Kings of France.

In the United Kingdom the power to grant pardons and reprieves is known as the royal prerogative of mercy. It was traditionally in the absolute power of the monarch to pardon and release an individual who had been convicted of crime from that conviction and its intended penalty. The first General Pardon in England was issued in celebration of the coronation of Edward III in 1327.

In New Zealand the Governor-General exercises the Royal Prerogative of mercy which is an ancient right of convicted persons to seek a review of their case where they allege an injustice may have occurred. The Governor-General acts on the advice of the Minister of Justice.

In South Africa, Section 84(2)(j) of the Constitution confers upon the President the power and authority to pardon or reprieve convicted offenders and remit any fines, penalties or forfeitures.

A pardon has the effect of restoring the convicted offender to his/her life as it were prior the conviction, and also expunging the criminal record. To pardon a person is to forgive a person for his/her unlawful deeds and is therefore not available to persons who maintain their innocence and should not be misconstrued as an advanced form of the appeals procedure.

Various sections of the South African Constitution are replete with instances where the Constitution directs that legislation be enacted to give effect to the clause or provide guidance for implementation. Nowhere in the Constitution it is stipulated that such a proposed piece of legislation must be enacted in order to give effect to the Section 84(2)(j).

The motivation behind the DA's proposed Bill is that the President cannot be trusted with exercising the authority bestowed upon him by the Constitution and the majority of the South African people in relation to granting pardons, as well as upholding and defending the Constitution. It therefore argues that some of his powers must be removed.

The Constitution of the Republic states in Section 83(b) that the President “must uphold, defend and respect the Constitution as the supreme law of the Republic". Should the President fail in this duty, the Constitution is unambiguous in its instruction in Section 89 that he or she must be removed. This section ensures that the President adheres to the strict legal prescripts in the execution of his functions as enshrined in the Constitution.

If indeed the President has failed in his constitutional responsibility as outlined in Section 89, the DA would surely have all the ammunition in the form of concrete evidence to pursue his impeachment.

Alternatively, since the view of the DA effectively seeks to contest the application of the Constitutional clause, the DA should have opted the route of the Constitutional Court, which is the highest Court in the land for all matters relating to the interpretation of the Constitution.

It would seem that the DA may have either received poor legal advice on this matter or are deliberately trying to dilute the authority and powers of the President, who was elected through the overwhelming majority vote. This proposed private members' legislation could also just be another ploy by the DA to score cheap political points and get some publicity.

Either way, the majority of the South African people will not accept some backdoor manoeuvres in which power lost through the ballot is snatched piece by piece through baseless Bills with no legal grounds. If the ANC was to accede to this tactic, the Constitutional clauses will be littered with numerous pieces of legislations which will render the President powerless to take any decision. Turning our Presidency into a marionette operated by strings of Bills cannot be acceptable. But the DA's attempt to undermine President Jacob Zuma through nefarious strategies is not a new phenomenon.

During the period ahead of the 2009 elections, party's leader Helen Zille led one of the most negative and desperate campaigns, titled “Stop Zuma". The campaign was a rude reminder to those who thought the party had shed its lily-white political character and orientation, which it was infamous for during the era of her predecessor Tony Leon. Leon led the notorious and racist Fight B(l)ack campaign in 1999, which was widely translated to mean that power must be returned to the white minority.

Faced with the inevitable reality of Zuma's ascension to the Presidency of the country, particularly after the National Prosecution Authority's decision to drop the charges against him, the DA embarked on relentless and hopeless attempts to convince courts to overturn the NPA's decision. The DA's philosophy is that the supremacy of the Constitution and the principle of the rule of law can manifest only if they feed into its narrow political agenda.

So contemptuous is the party and its leader Zille, that in her latest diatribe against Zuma during her speech to mark the anniversary of former President FW De Klerk's address to Parliament, she repeatedly refers to the President of the country as “their President", which is a clear indication that the DA is yet to come to terms with the fact that President Zuma is the President for all South Africans. This aims to revive that ugly “us" versus “them" atmosphere that our nation has long went beyond.

President Zuma has led with distinction since he took over and there is absolutely no basis, legal or otherwise, for a Bill whose only motivation is based on distrust by a Party which represents the minority interest.

It is ironic that a Party, which during the elections campaign employed false and deceptive scare tactics that the ANC will change the Constitution, is today itself beginning to show signs that it want to amend the Constitutional so that the sitting President is rendered powerless.

As the Parliamentary Caucus of the ANC, we reject any Bill that seeks to undermine the President and the Constitution as the supreme law of the land.

>> Dr Mathole Motshekga is an ANC NEC member and ANC Chief Whip in the National Assembly

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