How the GNU can rebuild a “fragmented, criminalised State” – De Haas
Veteran violence and police monitor, Professor Mary de Haas, urges political parties to rebuild South Africa's fragmented, criminalised state in an open letter.
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By Chris Steyn
Veteran violence- and police monitor Professor Mary de Haas has written an open letter to all political parties with suggestions for a new Government of National Unity (GNU) on how to rebuild a "fragmented, criminalised State".
In her letter, Professor De Haas stresses that the damage caused by "misrule" should not be underestimated.
"While the first years of democracy were not without problems, the damage done to State institutions in the past fifteen years is immense. The most serious of all has been the onslaught on the criminal justice system which constitutes a threat to the rule of law," she writes.
"The system which is supposed to protect our most fundamental right, to life and safety, is in a state of continuing crisis. It starts with the National Prosecuting Authority, which may decline to prosecute despite what experienced criminal lawyers and police say is sufficient evidence to do so – especially if it involves politicians. At the same time, it continues to bring malicious cases against innocent people, including police members taking a stand against corruption."
In her letter, Professor De Haas lists some of urgent steps needed to restore the integrity of the criminal justice system.
She also calls for two pieces of legislation "rushed through" by the outgoing Parliament – relating to health and land to be opposed, "since both sectors have been shown to be a paradise for mismanagement and looting".
Professor De Haas further calls for the restructuring and rationalising of the Civil Service.
"Despite the excessive costs to taxpayers of our bloated government departments – especially at management levels – their dysfunctionality is shown in their failure to provide services efficiently, " she writes.
"The process of de-politicising and professionalising them must start immediately.
"There is merit in the recent call by the Centre for Development and Enterprise for currently employed senior staff to re-apply for their jobs, given the sheer extent to which politics, and not necessarily competence, has been behind so many senior appointments, despite Section 197(3) of the Constitution stipulating that political support should not be a factor in Public Service employment."
Dealing with "Government by patrimonialism", Professor De Haas charges: "The root cause of the organisational inadequacies in South Africa lie in the recruitment process, especially of senior staff, and is linked to political patronage networks and cadre deployment – which also applies in Board appointments to PFMA Schedule 2 and 3 bodies. This type of recruitment is what sociologist Max Weber terms 'patrimonialism', and it is in direct contrast to that which is open to all and based on merit.
"Bureaucracies should play a role in countering abuse of powers by politicians but in South Africa they do not, with possible exceptions, do so.
"From casual conversations, it is obvious that many voters believe that it is politicians (especially populists like Jacob Zuma) who reward them with houses, jobs (e.g. Public Works) and bursaries. They do not understand that the patronage dispensed is from taxes, not the politicians personally, and that every time they pay VAT on a purchase they are contributing to it."
As for the importance of good opposition parties, she notes that Parliamentary oversight has never functioned optimally, and deteriorated markedly, "including among most opposition parliamentarians", during the tenure of the last Parliament.
"Instead of going to poor communities to flaunt their wealth and dispense scraps of patronage (as they currently do), politicians should be holding meetings to provide feedback about Parliament, and specifically, to listen to community concerns and needs."
Read Professor De Haas's letter in full here
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