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Government vs citizen

I WAS going to write about cricket – my first love – and why so many Afrikaners are selected for our national team.

I've done some research. Over the past decade there have been more Afrikaners than in the previous century. That's a good picture in the light of our history. But there's a tough world outside that's compelled me to look at the world outside of cricket, which will get its rightful recognition from time to time – but not this week.

The Americans designed this three-strike rule: if you have three convictions – regardless of the seriousness – you go to prison. Apply that to what's happened to the relationship between government and citizen our executive should have been in serious trouble.

But is it? Let's look at three events over the past month.

First, the cabinet seems to have discussed the Public Protector's report on the contracts to enter into a R500m lease agreement for a new police headquarters. According to some press accounts, the cabinet decided to seek a meeting with the protector in order to discuss some aspects of her finding.

Now that's rather odd. Nowhere in South Africa's constitution – nor in the legislation setting up the office of the Public Protector – is there a specific provision for a revision of or an interpretation of the report, or for an "interaction" between the protector and a third party, in this case the cabinet.

The report states clearly a copy had been circulated to all the relevant parties and that responses from the parties were taken into account in the preparation of the final report. Quite what would be achieved with a meeting after the report had been submitted to all the parties isn't clear.

The report can't be revised, if that was the intention of the cabinet. And it would have been improper for the protector to give in to any attempt at intimidation from any party.

President Jacob Zuma was overseas when the report was discussed. It would therefore not be out of order for him to have a discussion in the cabinet before the latter made its final response. The Public Protector has even provided for special machinery for transmitting the responses of specified individuals.

Strike 1 is reached when the officials identified by the protector are sharply castigated for not carrying out statutory duties. Comment from the press has been uniformly critical of the minister of public works and the commissioner of police.

Yet there hasn't been any specific response from the commissioner, apart from his ad personam attack. Significantly, section 181 (4) states that no person or organ of the state shall interfere with the functioning of the Public Protector.  
 
Yet what do we find? Two flat-footed special policemen invade the office of the Public Protector and demand a document or documents. The police fall under the direct control of the commissioner. It's his responsibility. Is this the case of a banana republic?

Strike 2 – without any doubt.

It seems some people, from left and right, don't discuss issues of racialism in SA, as if we have reached a state of nirvana barely 20 years after freedom. We don't do justice to good race relations by sweeping things under the carpet.  

Planning Minister Trevor Manuel has done a public service by drawing attention to the latest outpourings from a senior public servant who qualifies for strike number III, but like the other two, he seems to have got away with it. Jimmy Manyi is head of the Government Communications Office and attends cabinet meetings.

Many months ago Manyi said in an interview there was an oversupply of coloureds in the Western Cape for the purposes of employment equity.

Manuel himself drew attention to the fact that this latest foray into "employment relations" by Manyi was against the letter and the spirit of the constitution. Yet there hasn't been a peep from the president or cabinet ministers.   

Strike number 3 – a shameful number all round.

Salute a courageous Trevor Manuel: he joins those of us who believe that building a race-free society requires a little chutzpah and a lot of determination. He needs all the support we can give him in order to drive back those who have slithered from under the stones recently.

We live in a world where facts and fiction get blurred
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