IT WAS June of 1991, the apartheid government had just unbanned political parties such as the ANC and PAC, exiles were returning to the country, and negotiations towards a new democratic dispensation were in full sway. The First National Conference on Environment & Development, organised by myself and my colleagues from the Cape Town Ecology Group (CTEG) and World Council on Religion and Peace (WCRP) was being held at the University of the Western Cape (UWC).
It was here that the campaign to include sustainable development in our country’s new constitution came to a head, with a mandate to ‘ecologise politics and politicise ecology’.
Solly Skosana of the PAC was of the view that ‘land apartheid had not disappeared and that a constituent assembly was the only mechanism in which environmental concerns over land distribution would be able to be addressed.’
There was consensus among delegates that unequal land distribution was a major cause of environmental problems in South Africa and that the land itself needed protection under the law.
Speaking on behalf of the ANC, Cheryl Carolus criticised the lack of political involvement by environmentalists in the past and made the point that her decision to get involved in politics had ‘arisen out of a desire to empower herself and to regain control over her environment.’
The issue of workers’ involvement in environmental issues was taken up by Nosey Peterse of the Food and Allied Workers Union (FAWU) who told delegates: “You can talk about environmental degradation but while you talk workers are losing their jobs because of environmental degradation.”
It was here too that I stood on a podium alongside Mike Kantey of Earthlife Africa, Ebrahim Rasool of WCRP and Julia Martin of CTEG, with delegates from across the political spectrum, to rally against apartheid while calling for a future in which the needs of future generations would not be compromised by the demands of our own generation.
As the conference drew to a close, we had no inkling of the dire consequences our nation would be facing today, with water shortages, air pollution and threatened ecosystems, nor did we realise back then, what it would take. Our actions back then simply introducing article 24 of our Constitution, enshrining Earth Rights, to impact and affect climate change and the lives of those yet to be born.
It was thus a twisted and tortuous politics which saw successive appointments of environmental ministers, from then Minister of Environment General Magnus Malan, to Dawid de Villiers, Pallo Jordan, Valli Moosa, Marthinus van Schalkwyk and Edna Molewa, each taking the credit for the groundbreaking inclusion of ‘ecological sustainable development’ in our nation’s constitution, and yet collectively responsible for the allied policies of the ruling party. Despite becoming the first country to include the environment in its bill of rights, the party proceeded to pave the way for mega coal projects, increasing of GHG emissions and lowering of air pollution standards.
You can read about the campaign to put Earth Rights into South Africa’s constitution here.
At the same time that the Mbeki administration was hosting the 2002 WSSD (the acclaimed “Earth Summit’ which produced very little of real substance) the ANC was promoting a crackpot policy sans physics which became known as ‘peak, plateau and decline‘. A neat phrase cooked up by the DEAT to describe a strange new political compromise between our constitutional imperatives, ‘the needs of the future’, and the diktat of the fossil fuel industry, in particular the opportunities (read curse) presented by our own country possessing abundant supplies of coal.
Thus when Min Gwede Mantashe opened a new colliery, while myopically claiming: “our vast coal deposits cannot be sterilised simply because we have not exploited technological innovations to use them,” he was articulating this self-same policy. It describes the apparent trade-offs to be made — ramping up our GHG in the short to medium term, so that we are on par with the West economically speaking, before reaching an abstract ‘plateau’, whereupon we will by some act of the imagination, decline our GHG profile (perhaps via slight of hand and creative accounting) — the introduction of a Carbon Tax, is yet unproven.
Every year, the time frame for the plateau and reduction of local GHG targets has been shifted, while the much vaunted Carbon Tax is slow on the uptake and still being implemented. The Climate Change Bill introduced in 2018, focuses on mitigation and adaptation as opposed to implementing a drastic about turn in energy policies. Bare in mind the Carbon tax is an economic charge which Greenpeace has said, will not be ‘effective enough and far from adequate’.
Every policy decision thus far made by the ruling party, has been on the basis of the bad maths of these mantras introduced without much scientific consensus, and there is no precedent.
After negotiating a COP-out deal at Paris, which has allowed our country to continue with business as usual — South Africa’s pledge under the Paris Climate Agreement is ranked as “highly insufficient” — we are left with a Promethean struggle involving several massive coal mega-projects versus the reality of today. At 510.2377 mtCO2e pa our GHG profile is currently on par with the UK, a country with a population of 66 million people, as we begin to exceed the West in air pollution. Our country has been criticised internationally for “ delaying the development of policies to cut emissions.”
It is thus with some sadness and poignancy that I read a letter addressed to our president and signed by some 50 local environmental organisations, demanding ‘an emergency sitting of Parliament to deliberate on the recently issued UN report on 1.5°C increase in planetary temperature and its implications for South African climate change policy.’
This while 300 kids marched from Parliament to the City Hall in Cape Town last Friday, to hand over a memorandum demanding government take “immediate action on the climate crises”. Following a mass demonstration on 15 March where thousands of school learners protested, calling on government to act against climate change. In various parts of the Free State, Mpumalanga and Limpopo, where “youth collectives are meeting to learn about climate justice and organise, “writes Alex Lenferna
“Outside of the Union Buildings, young people rallied and delivered a petition to the president calling for climate justice now.”
Instead of declaring a climate crisis, President Ramaphosa, has chosen to skedaddle and bamboozle with stats and an unhelpful allusion to the climate problem during SONA. The government clearly lacks any real programme to deal with the crisis. This is not the first time that the ruling party has attempted to colour itself with the revelry of the green movement.
Stating that the President’s ‘recognition of the climate crisis is the first step to fundamental change“, as a 17-year-old environmental activist Ruby Simpson does, is expecting a serial climate change denialist, to suddenly get science and find Gaia, because the reality is our nation’s policy of ‘peak, plateau and decline‘ is founded upon a tragic denial of the existential threats facing our planet and its people.
Regrettably, one can only express skepticism of presidential lip-service, uttered with pro-coal cynicism — successive ANC Presidents and their cabinets have shown themselves to ‘talk green, but walk with coal’. One has only to witness the abject failure of the President to address the detailed requirements of a ‘just transition’, and thus his startling refusal to acknowledge the implicit question of ‘whose justice?’
Without an immediate adoption of a climate emergency, articulated by the 2011 Durban Declaration, there can be no justice. And without a complete u-turn in our energy policies, there will be no future for our country.
DEFEND STATUS OF TRUTH & RECONCILIATION COMMISSION BEFORE THE COURTS
DEFEND THE PREAMBLE TO THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA
I have less than one month in which to file an SCA appeal in terms of s17 (2) (b) against AJ Martin’s racist decision (CA18417/17) to not provide relief with regard to representation in a matter affecting the TRC and its Final Report.
The High Court decision literally agreeing with Legal Aid SA in first instance, that it ‘would take a long time to read the report’ and therefore it can be ignored, and also, in second instance, upholding validity of LASA chief officer‘s view that the matter has somehow ‘prescribed’ since the commission ‘wound up its work some time ago‘, is demonstrably racist.
Attacking the legal basis of the TRC, an inquiry into gross violations of human rights under apartheid, still a crime against humanity, for which there is no statute of limitations, trivialises the report, lowers its status before the courts and denigrates the memory of the victims and survivors. It is certainly contrary to our Constitution and its preamble which states, ‘recognising the injustices of the past …’ not to mention several statutes each one promulgated in order to prevent ‘repetitions of the past’.
The decision impacts and affects my case before the Equality Court of South Africa (EC19/2015) brought to defend the report against the vicious and racist attacks by Naspers/Media24 and thus failure to defend the law by the former Min of Justice, Michael Masutha. My not possessing an attorney at state expense as contemplated in the constitution, is a substantial injustice when it comes to the odious task of defending the TRC.
AJ Martin’s sloppy and incompetent decision is nothing less than racist double standards, since I have already been taken to task on a previous occasion during the proceedings of Lewis v Media24 (2010) for my not having ‘read the report’, in particular chapter 4, and thus according to Adv Kahanovitz SC, ‘knew who I was getting involved with when I joined Media24’, a racist organisation at the time, opposed to the TRC.
Kahanovitz SC further claimed that the report was a ‘public record’ to which I could not claim ignorance, at the same time that he claimed the commission was ‘simply a commission’, and the report, ‘simply a report’. AJ Cheadle, who admitted to presiding over a case involving his own client (and thus a judgement written up by the opposing party), then proceeds to state in his 2010 decision at para 98: ‘His evidence is unreliable because he is engaged in a campaign against the Respondent for its support of apartheid and its refusal to apologise for doing so before the Truth and Reconciliation Commission.’
Now Martin declaims loudly from the bench that it is okay to simply ignore the report, echoing Kahanovitz SC earlier direction that the report should be ignored when doing so favours his client, but be upheld when it affects my own legal standing.
Not only did AJ Martin refuse to recuse himself from the High Court, Western Cape on Monday 20 May 2019, after this contradiction was pointed out to him, but he has had the audacity to claim his decisions and findings in the matter are somehow obiter (merely in passing), and also “Judges can make mistakes that is what superior courts are for, correcting error.” There also appears to be some confusion here as to whether or not the court has the requisite power to review decisions taken by a ‘national public entity’ and thus other schedule 3 entities such as boxing clubs. Martin then proceeded to deny me leave on the basis.
The determination amounts to an exclusion of the Preamble to the Constitution of the Republic of South Africa, not to mention the Bill of Rights. The separation of powers is between the judiciary, the executive and the legislature, not the public sphere versus the judiciary and represents a new low so far as the justice system is concerned.
The calumny against the TRC Act is not surprising since the the High Court of the Western Cape still houses portraits of apartheid and colonial era judges. Albert van der Sandt Centlivres for instance, was the Chief Justice of South Africa from 1950 to 1957, and the result is an embarrassing racist rogues line-up, book-ended by a beaming portrait of current Judge President of the Western Cape, John Hlophe. Portraits of Centlivres et al deserve to be in a museum not the chambers of active judicial officers.
I urgently require assistance in filing my documents on appeal in Bloemfontein, failing which an appeal directly to the ConCourt. If I cannot retain an attorney to accomplish this, I will be required to travel to Bloemfontein and/Jozi. I am also required to furnish the SCA/ConCourt judges and parties with the transcripts and records of the proceedings, all of which costs money. Some four hours of transcription is required.
Please assist me in defending the TRC and its Final Report in the matter Lewis v Legal Aid SA CA18417/17. This matter affects similarly-situated individuals and is a major test of the foundation stones of our democracy.
NO TO HIGH COURT APARTHEID
NO TO RACIST DOUBLE-STANDARDS
TWO YEARS ago we reported on Johann Rupert’s Magnus Gaffe in which he claimed variously to have been a key figure within the anti-apartheid movement whilst under the whip of Magnus Malan. This week, we can only watch aghast as the CEO of Remgro, Richement and Reinet (R as in Rands figure large in Johann’s inherited wealth and the media cartel his family owns routinely redact his directorships), went from berating millenials for being materialistic compared to his own generation (and denying any involvement in apartheid or the apartheid regime) to claiming intimate ties with the late Steve Biko.
Johann Rupert, also an heriditary academic at Stellenbosh University, appears to not have read his father’s biography, detailing the man’s illustrious business dealings with Nico Diederichs and Owen Horward, the titular State President and apartheid finance minister respectively.
Anton Rupert (Rupert snr), a kingpin in the financial system backing successive Nat governments, went from making cigarettes in his garage to a global financial market player and international tycoon in three easy steps.
First he setup Rembrandt and aquired a loan from Sanlam, Santam and Saambou to purchase Rothmans International in 1953. Then he bailed out the local banks when they came under pressure due to international sanctions during the 1980s. Next he turned these apartheid-era banks into Amalgamated Banks of South Africa (ABSA) with Rembrandt as major partner and set up a variety of special purpose vehicles for the luxury goods market, all this while sequestering apartheid billions in Switzerland.
Thus Federale Volksbellegings became Rupert Bellegings, as the family acquired much of the asset wealth of the National Party.
Far from being a ‘pragmatic critic of apartheid’, Rupert Snr was not only a sanctions buster, but a collaborator with the military junta under Magnus Malan and PW Botha. Correspondence between the politicians all demonstrate that the man had intimate though tempestuous ties with the National Party. Although somewhat of a dark horse, with Rupert Snr betting on both sides, he finally broke from the broederbond, later becaming involved in the settlement strategy under FW de Klerk.
All whilst promoting himself as a deal broker between the warring parties and effectively rewriting history. The latest round of apartheid revisionism, in which Rupert Jnr, seeks to associate himself with the late Steve Biko whilst casting aside his family’s obvious involvement with the apartheid regime is beneath contempt.
It is consistant with the public relations campaign to recast the entire Rupert family as instrumental in the collapse of apartheid, which undoubtedly they were, not as political activists, but rather as monied insiders orchestrating a shift in power via a well-executed palace coup that retained their grip on the economy in an end-game strategy that lead to the sunset clauses signed-off by the ANC.
The post-historical revision of this period, is similar to the story told by propoganda chief Cliff Saunders who maintains he was out of the country all along and played no major role in Botha’s ‘total onslaught’ strategy. Evidence given by Rupert jnr during the TRC is notable for the lack of corroborating evidence from Die Groot Krokodil, who avoided the commission, in no small part due to the actions of Naspers, a company in business with Remgro.
Think of Rudolf Hess, a nazi who flew solo to Scotland, apparently to negotiate peace, but more likely to escape Hitler’s death squads. Again, Mandela’s jailer James Gregory, who also ‘knew’ South Africa’s elder statesman, the founder of modern South Africa initimately, but was most obviously on a very different side of the fence and prison doors.
Whether being a late arrival at the conclusion to the tragic saga, the son of a major role player and beneficiary, qualifies one as a ‘pragmatic critic of apartheid’ is anyone’s guess.
SEVERAL pieces on the right-wing political site Politicsweb, a local news platform run by James Myburgh, demonstrates the narrow racialism of its multifarious contributors. The site purports to carry opinions from across the political spectrum, but has a seemingly limitless abundance of polemic and commentary from the likes of RW Johnson and the Freedom Front’s Pieter Groenewald,
First off there’s a familiar conservative spokesperson opining on the subject of the Ashwin Willemse incident ‘On racism, real and imagined: “Can a disagreement between sports broadcasters really qualify as news?” asks RW Johnson who then proceeds to denigrate the standing of the Equality Court, (in the process casting aspersions against its status in terms of the Equality Act): “Him and his lawyers are now proceeding to the Equality Court (the name has an Orwellian ring),” writes Johnson.
While our justice system if far from perfect, the Equality Court is a shining light in this regard. Rather it is conservatives who must be taken to task for dangerous double-speak, bigoted opinion that essentially denies that Willemse has access to any rights in terms of his own opinion on the matter. As the liberal mantra often restated by conservatives goes, ‘we believe in the audi rule so long as only one side to the dispute is heard.’
Andrew Donaldson, forever a lapdog of the effete rich and trendy wealthy, finds the time to wade in with a pathetic Cry racism piece that although erudite, willfully proceeds to miss the point entirely by cynically misstating the Equality case: “shoehorning the controversy within a racial context will restore moral order and present the readily outraged with a familiar, comforting paradigm’ that of Cry Wolf? No Mr Donaldson, this isn’t about racism per se, but rather apartheid denial, the rotting carcass of quotas and the sell-by-date of former apartheid-era darlings, a corporation with anything but a sterling history of opposing racism.
With all the tact of a charging hippopotamus, the grandson of Verwoerd and Oranie spokesperson, Wynand Boshoff’s ‘Ashwin, actually we know what you mean’ delivers a thinly disguised hatchet job, attempting to deflect attention away from Naas Botha and thus Afrikanerdom in general. Deploying the tired and anachronistic ‘blame it on the British’ schtick that is so often used by former members of the Nationalist party to ingratitude themselves with the ruling ANC whilst also affecting a crushing blow to us English-speakers.
It is not terribly surprising then to find South Africa’s own Walter Mitty, one Andrew Kenny delivering an equally destructive blow to the English language. Having affected a mid-life career change from failed nuclear pundit to “contracted columnist to the Institute of Race Relations” Kenny’s vivid imagination proceeds to shower us with bizarre details verging on the fantastical, “I know nothing about rugby” he says before embarking upon a sorry attempt at the nitpicking obfuscation for which he is perhaps renowned. The result is a failed piece of political bumph posing-as-commentary which merely demonstrates that Kenny has zero credentials and course-work when it comes to the social and political sciences.
‘Hurt, pain & Ashwin Willemse‘ deploys a scurrilous and appalling comparison between the dropping of the bomb on Hiroshima, (perhaps to assert a vivid fantasy life in which Kenny recently acquired a moral position on non-proliferation?), to the aforementioned Supersport incident, before proceeding to freely mix metaphors and borrowing heavily from a Nixon-era public administration pundit:
“The politics of the university are so intense because the stakes are so low” is a saying attributed to one Wallace Sayre. It is thus rephrased as Sayre’s Law, which was all really just another patronising putdown to the students of the University of Berkeley and the victims of the Kent State massacre, and grist to the mill, for a decade of revolt which gave the world free love, women’s rights and equality. Enough to ruffle the feathers of today’s youth and our modern generation of die-hard de-colonialists?
To cap it all, there is also a strange statement released by the Freedom Front’s Pieter Groenewald “Minister of Sport and DA leader must apologise” absurdly blaming the Minister of Sport and the leader of the DA, for the incident. Apartheid collaborators are racists, full-stop. Instead Groenewald wants a fantasy-world where “people must refrain from attributing incidents where people of different races are involved to racism,” begging the question, what happens when racism isn’t about race per se but rather structural racism? The two apartheid darlings Mallet and Botha turned into on-air monuments, the post-apartheid wing, Willemse, forever in the studio shadows.
The Freedom Front shows its metal, providing uncritical support for the discredited Naspers-Multichoice and its pathetic inhouse finding on the matter, arguably, all the result of extra-judicial privileges founded upon race, and despite the matter being sub judice. The outcome of the labour proceeding in which Willemse was not represented, has been rejected by the former Springbok, as too should any similar proceedings not meeting standards of due process. There has yet to be an official inquiry into the role of sports administrators during apartheid in terms of the TRC Act, which allows the Minister of Justice to appoint special inquiries subsequent to the winding up of the first commission.
REVELATIONS that South Africa’s media were the targets of a dirty tricks operation at the behest of the apartheid government, named Operation Romulus, and that the victim was the late Winnie Mandela, were bound to cause a sensation. More so in the aftermath of her death. Embedded journalism is highly problematic. The least of which is the impact, it has had on several titles that may be implicated.
The untested claims attributed to Stratcom agent, Vic McPherson are all contained in the documentary on Winnie by Pascal Le Marche. The Citizen however, was forced to remove an article entitled “Stratcom Reporters at the Weekly Mail”, issuing an apology to then editor, Anton Harber, as did the Huffington Post.
Readers may remember the circumstances in which the apartheid government bought and paid for the Citizen in what became known as the Information Scandal, and the manner in which both South Press and Medialternatives itself were banned, the latter by none other than Mail & Guardian editor Ferial Haffajee, after yours truly exposed the problem of apartheid embedded journalism at the Independent Group (formerly Argus Group).
“We failed to seek out comment from Harber, Gqubule and Mathiane before publishing untested allegations. We are deeply sorry and apologise without reservation” wrote Huffpost editor-in-chief Pieter du Toit. A title, which is also the subject of some controversy surrounding its inclusion in the Naspers stable. An apartheid corporation, responsible for Stratcom and whose newsrooms until recently carried portraits of editors such as D F Malan and HF Verwoerd.
Thus it came as no surprise that Weekly Mail, along with its former racist bedmates, was now being implicated. After a sterling run as the bastion of progressive politics, the successor to the Weekly Mail, threw its lot in with 24.com, while the online version of the newspaper under Chris Roper, became the proving ground for former apartheid spies and journos.
Winnie Mandela repeats many of the claims in a recent interview conducted before her death. The result ended up in a takedown of posts at two media houses, both themselves implicated in the apartheid regime. The original Citizen article is only available as a cached page on google.
It may seem a little too convenient then, that Politicsweb, responsible for banning Medialternatives on Black Wednesday, rose to the defense of Harber, apparently quoting a 1995 Weekly Mail expose of Stratcom and thus the words of one Paul Erasmus
The article pictured to the left, by
embedded investigative journalist Stefaans Brummer, fails to examine the implications of a stratcom operation aimed at the Weekly Mail newsroom, and its NIA successors under the new regime.
Was Harber in fact also the target as many newsrooms were during the struggle? The full extent of Operation Romulus is only now becoming public record.
A fuller investigation into the many skeletons housed and embedded within South Africa’s press and their shortcomings during apartheid, is most certainly warranted. Declassifying documents may be the first step according to Open Secrets’ Hennie van Vuuren.
Watch eNCA below reflect on the media during this period.