By Paul Hoffman

Accountability is a cornerstone of the rule of law, so its prominence in the newly announced ANC thinking for the future of SA is most welcome.

Although the “amandla awethu” war cry of the liberation movements in the pre-1994 era has lived on in ever-decreasing use, mainly by beleaguered politicians and frustrated lefties, it has apparently been replaced by “accountability awethu” in the ANC lexicon now that the GNU governs in South Africa.

Not a moment too soon either.

It is remarkable that in our multi-party constitutional democracy under the rule of law, the old slogan has lasted as long as it has in some quarters. For those unfamiliar with the Nguni languages, a little explanation is required. According to Wikipedia:

“Amandla in the Nguni languages Xhosa and Zulu means ‘power’. The word was a popular rallying cry in the days of resistance against apartheid, used by the African National Congress and its allies. The leader of a group would call out ‘Amandla!’ and the crowd would respond with ‘Awethu’ or ‘Ngawethu! (to us), completing the South African version of the rallying cry ‘power to the people!’. The word is still associated with struggles against oppression.”

The new-found attachment of the ANC to the concept of accountability was announced by its Deputy Secretary General, Nomvula Mokonyane, taking a break from the NEC’s marathon meeting in Boksburg on 2 August 2024 to brief the media on progress in the deliberations over the lack of success of the ANC at the polls in May 2024.

For a verbatim recording of what she said in the media briefing, see YouTube to listen to and see her in action.

‘Mama Action’

For present purposes – even though ‘Mama Action’, as she is fondly known in political circles, was in a communicative mood as she faced journalists dressed in her stylish orange tracksuit – it is sufficient to home in on what she said about accountability.

After pointing out that accountability received a mention in an ANC manifesto for the first time in the 2024 general elections, she proclaimed that from now on “everybody needs to be held accountable”.

This utterance on behalf of the highest decision-making body in the ANC, its National Executive Committee, is most welcome to constitutionalists and those who respect the rule of law.

Our supreme law, the Constitution, makes express provision in its very first section for “regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness”.

It is on these values that the modern South African state is founded. That state is also, under the Bill of Rights, bound to respect, protect, promote and fulfil the rights guaranteed to all in it. Not to do so is not to behave accountable.

‘We the people’

Supremacy of the Constitution and the rule of law are given in our post-apartheid order. The sovereignty of Parliament (which the MK party would like to resuscitate) ended when the National Accord was thrashed out at Codesa. No longer can politicians do as they please; they are constrained to conduct themselves and to pass laws in ways that are consistent with the Constitution. If they do not, the courts are there to strike down invalid laws and conduct.

“We the people”, having experienced the excesses of parliamentary sovereignty, prefer that power resides with us via a supreme Constitution and the ballot box and not with politicians we elect, who may stray from the values by which they bind themselves in terms of the oaths of office.

The president, for example, takes an oath in the following onerous terms as set out in Schedule 2 to the Constitution:

“In the presence of everyone assembled here, and in full realisation of the high calling I assume as President/Acting President of the Republic of South Africa, I, A.B., swear/ solemnly affirm that I will be faithful to the Republic of South Africa, and will obey, observe, uphold and maintain the Constitution and all other law of the Republic; and I solemnly and sincerely promise that I will always —

“Promote all that will advance the Republic, and oppose all that may harm it;

“Protect and promote the rights of all South Africans;

“Discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience;

“Do justice to all; and

“Devote myself to the well-being of the Republic and all of its people. (In the case of an oath: So help me God.)”

As far as the rule of law is concerned, remember this: accountability is a cornerstone of the rule of law, so its prominence in the newly announced ANC thinking for the future of SA is most welcome.

Rule of law

The World Justice Project (WJP) defines the rule of law as “a durable system of laws, institutions, norms, and community commitment that delivers accountability, just laws, open government, and accessible justice”.

The first of the four universal principles of the rule of law is, according to the WJP, that “the government and its officials and agents as well as individuals and private entities are accountable under the law”.

The centrality of accountability both worldwide under the rule of law and locally under the Constitution ought to have been recognised by the ANC from the get-go of our current dispensation. The failures of governance thus far, the rampant corruption and service delivery failures, are, at least in part, due to the failure to act accountably and faithfully to the Constitution itself.

Those attached to the national democratic revolution of the ANC have failed to paint within the bright lines of the constitutional order in place.

As far as the fortunes at the polls of the ANC are concerned, its leadership has good cause to review its historical approach to winning support from the electorate. The fact that only 16% of those eligible to vote were able, by voting for the ANC, to secure 40% of the seats available in Parliament, is a reflection of the failure of all politicians in all parties to motivate voters to do their civic duty by voting.

A participative form of governance is not possible when so many choose, for whatever reason, not to vote. The turnout in 2024 is the lowest ever in a general election in SA since 1994.

The reasons for this may be many and varied; some of them obvious, some possibly quite obscure. The inescapable fact is that a huge untapped pool of voters could be motivated to support any party that takes the concept of accountability to its electorate seriously. The ANC knows this to be so, hence its new-found embrace of the concept of accountability and its determination to act with the need to be held accountable in mind.

How refreshing!

It is worth noting that in its invitation to all political parties represented in the National Assembly to help form a government of national unity, the ANC was astute to rely on the Constitution and the rule of law to inform the activities and trajectory of the GNU.

Wisely so, because anything different would have been an invitation to breach the oath of office or affirmation that all politicians take when they are elected. It is to be hoped that breaches of this kind will become history as the GNU goes from strength to strength.

Hegemonic control

Those in the ANC who cling tenaciously to the values of the National Democratic Revolution – which seeks, in its own words, “hegemonic control of all the levers of power in society” – must take note of the new attachment to accountability announced by ‘Mama Action’.

The need to account in terms of the applicable oath of office does not accommodate hegemonic control of all the levers of power in society; the main aim of the NDR.

On the contrary, the legislature exercises oversight over the executive and the judiciary applies the law independently, impartially and without fear, favour or prejudice. Hegemony is a non-starter unless 75% of Parliament changes the rules of governance in SA. That won’t happen any time soon.

The doctrine of the separation of powers, which is part of our constitutional dispensation, does not accommodate hegemony in that hegemony is aimed at eventually creating a one-party state. The ANC’s progression at the polls has moved in the opposite direction as voters become more and more disenchanted with the NDR.

Revolution vs accountability

If these hard facts are accepted by those in and allied to the ANC, those who lingeringly hanker after the “amandla” of the revolution, a better life for all in SA beckons. The GNU will break if the elements in the ANC who remain of revolutionary bent, instead of valuing the Constitution, prevail over the new pro-accountability thinking of its NEC.

There is plenty of room for the revolutionaries in the so-called progressive alliance in which the MK party and EFF are the major participants. They are most welcome to change their political allegiance.

One is left wondering whether the choice of colour of ‘Mama Action’s’ outfit when she announced her newfound fealty to accountability is portentous. She did, after all, earn the new nickname ‘Mama Aston’ when her involvement in Bosasa bribery and corruption emerged during the evidence given at the Zondo Commission of Inquiry into State Capture.

The need to account for these involvements is the work of our broken criminal justice administration.

“Accountability awethu” to those in the SAPS and NPA too. A new dawn has finally broken, heralded by the most unlikely of politicians. DM