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.
Firstly, the “we” whose anti-colonial struggle is “ours” is nothing less than people itself. Secondly, this “we”, the people, is authentic only when it is either in or sanctioned by the nationalist movement. What has happened here is that the political space has come to be conflated with the space of the movement. Hence the ambivalent relationship of the nationalist movement to the democratic process.To the extent that the movement wins a democratic election, the results then merely confirm what the movement already assumes: that it is the authentic voice of the people. In the same way, democracy is valued to the extent that it is possible to pursue “the people’s” agenda through its mechanisms and institutions.
When uncertainty enters the political scene, things look different. What does one make of a political opposition if “the people”, “our people”, are always by definition unified in and around the nationalist organisation? Whom does it represent – if not “reactionary” forces (former colonisers, foreign interests, ultra-leftists). Moreover, if the nationalist movement is by definition the people’s own, then electoral loss can mean only one thing: sabotage by the enemies of the people.
In which case one pursues “the people’s” agenda by other means (“states of emergency” and so on). Is this not the brutal logic at play in Zimbabwe today? If so, then it is time to ask: Is not the condition of democracy today the weakening of nationalist organisations in the body politic?
This strikes me as a very interesting point and serves as a counterweight for the argument put forward by Ronald Suresh Roberts that those who get nervous about the ANC´s commitment to democracy are really just channeling the worst kind of racism and anti-nativism.