Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
It’s the same impulse that turned President Mbeki into an Aids denialist. To admit to the reality that Aids was a huge problem was to admit to the reality that many South Africans had a lot of sex with a lot of people. This would be difficult to admit if you were a bit sex-phobic and actually thought that the stereotype of voracious black sexuality was a bad thing.
In any case Steinberg concludes:
During the apartheid years, the liberation movement fashioned an image of the South African masses as inherently dignified, rising above their circumstances to throw off the shackles of oppression. Sure, there were pathologies, but nothing that couldn’t be fixed by civilised public policy, nothing that couldn’t be mended by the acquisition of power. If the cream of SA’s activists and exiles had been canvassed in April 1994, I doubt whether any would have questioned the proposition that crime would slowly decrease, our overflowing jails begin to empty, our people find a good deal more peace and equanimity in the texture of everyday life.
Instead, governance has been hard, hard, hard, SA’s pathologies so frustratingly stubborn. I think that under President Thabo Mbeki our government has begun to feel that the nation it inherited is dispiritingly and congenitally ordinary. Under Mbeki, a government has fallen out of love with its people, perhaps even feels shunned and betrayed by them.
And so it becomes too difficult for leaders to call a press conference and declare that they share our pain because the pain itself inspires too much shame. They cannot tell us that they will do their best to bring this and that crime down, because they have become convinced that their best isn’t good enough. Nothing is.
I think that our government is in a moment of depression. I think it is denying its depression. It needs to snap out of it. It needs to govern.