Quote of the week

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.

KHAMPEPE J and THERON J
Public Protector v South African Reserve Bank (CCT107/18) [2019] ZACC 29 (22 July 2019)
25 May 2011

On Egypt and South Africa

I am visiting Egypt, a country whose transition to full democracy is precariously poised. The military is currently ruling the country after the Tahrir Square “revolution” and it is unclear how this transition will end. Everywhere we go, we hear Egyptians expressing anxiety about the transition and asking whether the lessons of South Africa might be of relevance for the situation in Egypt.

“We do not have a Nelson Mandela here,” some academics tell us rather wistfully.

But it is far too early to understand what is happening in Egypt and to know whether our own experience of transition from an authoritarian to a democratic state would be of any relevance here.

What strikes me forcefully though, is that the South African transition was quite unique. Why did the apartheid military not revolt when FW de Klerk started the negotiating process? How close did we get to a military coup? How did we end up with a strong social democratic constitution when large sections of our society are deeply conservative and seemingly opposed to the liberal aspects enshrined in the Constitution? Why did the ANC show such an agile ability to strike the necessary compromises required to ensure the relatively smooth transition? Would President Jacob Zuma and the current leadership of the ANC have been as wise and canny as the leaders around Nelson Mandela? What are all those apartheid generals now think about the transition?

I have no time to try and answer these questions now. I am back on Saturday when I will Blog again on my return.

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