Quintessential Triumphalism

This is the way they do it…
Hear the words of Desmond Tutu from an article he released this week on the Avaaz platform
called They want to be above the law:
“The main argument by some leaders with a guilty conscience is that the ICC is a Western
witch-hunt as most of the investigations have happened in Africa. But this couldn’t be further
from the truth. This was an institution that was created by 20 African countries, 5 of the
court’s 18 judges are African and the chief prosecutor is African.”
But Father Desmond, that’s the way it’s done! In debating it’s called ad hominem. If your
case doesn’t hold water – forget arguing about it and go after the credibility of the person you
are debating with.
African leaders always play that race card when faced with the consequences of their actions
in terms of the rule of law. Then they say “it’s a Western witch-hunt”. Mugabe blames Blair
and Bush. The ANC judges say that transformation of the judiciary is too slow. Then they
close ranks into a huddle of group-think and hunker down.
Kofi Annan stated this week that Africa withdrawing from the court would be a "badge of
shame". Yet 53 of the 54 countries in Africa – Botswana being the only dissenter – voted to
pull out of the ICC unless it defers trials of incumbent heads of state.
Tutu also wrote an article carried by several newspapers. In it, he wrote: "Those leaders
seeking to skirt the court are effectively looking for a license to kill, maim and oppress their
own people without consequence."
"They simply vilify the institution as racist and unjust, as Hermann Goering and his fellow
Nazi defendants vilified the Nuremberg tribunals following World War II."
The difference is that by the time of the Nuremberg trials, the Nazis were a spent force. Here
you have triumphalism of those still in power...
One African head of state has refused to stand trial at the ICC because his country was not
among the 34 of 54 African countries that signed its mandate. Now another president was
given a trial date in November, from a country that had signed the ICC’s mandate. So his
country lobbied hard at the African Union to close ranks and threaten to withdraw.
This is déjà vu…
It is basically how the president of South Africa is still avoiding prosecution for corruption
charges against him. Government closed the Scorpions and replaced it with a subservient
force called the Hawks – although that closure has recently been declared unconstitutional by
the Supreme Court. However, that decision came years after the change had already been
made.
Government put major pressure on the National Prosecution Authority to drop the charges
against him, and even fired the top prosecutor. He claims that this was manipulation to
protect the ANC’s then-candidate for president.
This happens at all levels. For example, here in Mpumalanga we are still waiting for answers
– and convictions - for the January murders. These started in 1998 and only ended in 2011.
Seventeen “whistle-blowers” were shot, all in January of the year. Fourteen of them died.
In C4L’s own experience over the past year, the same practice has been observed. When
C4L reported fraud and rigging of government contracts, the matter was denied and swept
under the carpet. This involved different levels of government adopting the strategy of “ball
possession”. They control the purse strings, so they protect their cronies. Just blame the few
white guys involved for being reactionary.
Gender ironies
Where are the woman presidents in Africa? Well they are rare enough where ever you look
in the world. There are not enough Indira Ghandis, Maggie Thatchers, and Angela Merkels.
Maybe Hilary Clinton will change this trend?
But only one of 54 African heads of state is a woman – the only one ever elected.
But curiously, the chief prosecutor of the ICC is a woman.
So is the Public Protector in South Africa. Not to mention the leader of the Loyal
Opposition.
But African men know how to keep women in their place. Women are never taken seriously
enough. Implicit in the fact that they are female is that they can be out-manoevred by men.
Just get 53 African heads of state together and close ranks. That blame-games the whites out
and keeps the women down - even the head of the AU, a South African woman.
Fit for service?
Constitutionalists argue that a culture of impunity has overtaken Africa. Leaders at all levels
act with impunity, like King David once did to kill Uriah. When exposed, they remain in
authority for long periods until justice is pronounced. They keep looting and the rot spreads.
The prophet Nathan told a parable to King David about a rich man and a poor man. This is
the essence of the problem – rich Africans dominating poor Africans. The poor man only had
one sheep and it was more of a pet than anything. Maybe a source of wool, or for breeding,
but never to be slaughtered. The rich man had a whole herd of sheep, but when he needed
meat, rather than part with one of his own, he ripped off the poor man. Corruption is greed.
This is happening all over Africa, all the time. It is called Triumphalism. When the rule of
law gets in the way, what they do is discredit the judges and their structures.
In a Democracy, leaders should be vetted as “fit for service”. A strong Judiciary is one of the
ways of assuring voters that they really do have a choice. Will Africa soon find itself facing
economic sanctions again, only this time to defend minorities? Human rights are at stake.