Truth in action
We shouldn’t be judged more harshly because of our skin colour. We shouldn’t be paid any less because of our gender, and we shouldn’t be treated with violence just because we’re different.
Inherently, humans have a desire for equality and fairness. Thus, when any crime or abuse is committed, justice is sought – both for the offender and the victim.
The assurance of justice is usually a prerequisite for a thriving public society, and for establishing and maintaining a stable political order. For South Africa’s leaders to have legitimacy among constituents, satisfactory ways must be found to ensure laws are just, and administered honourably throughout the country.
“I strive to do better and improve the lives of South Africans by making sure wherever I’m deployed, I put shoulder to the wheel to bring nearer the day in which we can say our people have a better life,” says Jeffrey Thamsanqa Radebe, Minister of Justice and Constitutional Development.
Along with Trevor Manuel, Radebe is one of South Africa’s longest serving members of Parliament since the 1994 democratic elections. He served as Minister of Public Works from 1994 to 16 June 1999 under Nelson Mandela, and under the leadership of Thabo Mbeki as Minister of Public Enterprises, Minister of Transport, and as acting Health Minister.
Minister Radebe achieved inspiring milestones in all of these leadership roles. In public works he initiated the transformation of the procurement system. “We pioneered the black contractor development program where, for the first time in the history of South Africa, we gave opportunities to black contractors to be involved in big government contracts,” says Radebe.
In public enterprises, he turned Eskom from a state department into a company involved in multi-billion Rand projects. “The same thing with Transnet and South African Airways,” he says.
When Radebe was Minister of Transport in 2004, “The annual budget of the department was R4billion. When I left in 2009, it was R25billion,” he says. The Department was involved with the building of the new King Shaka International Airport in Durban, the revamping of Johannesburg OR Tambo Airport and Cape Town International Airport. Radebe was also actively involved in the Arrive Alive campaign.
In 1994, the government inherited an unequal and dysfunctional justice system. The Justice Department administers a wide variety of legislation and has constantly promoted new and amended legislation to ensure it is aligned to the new constitutional dispensation. “The Constitution is our guiding light and without appropriate legislation, we will not be able to change this country.”
Since 11 May 2009 as Minister of Justice and Constitutional Development, Radebe was instrumental in the further transformation and restructuring of the judiciary and justice system as mandated by the Constitution, the supreme law of the land.
Radebe says, “We come from apartheid which had been declared by the rest of the world as a threat. Now we have a Constitution that is lauded as among the top in the world. This surely indicates we’ve come a long way.”
South Africa’s Constitutional Court is quoted in many jurisdictions and sets several benchmarks for other countries. “Some of our jurors are being invited to serve in high courts in Lesotho, in Swaziland and more especially, in international bodies. Like Judge Navanethem Pillay who’s now the Head Nations Commissioner for human rights, and Judge Goldstone who was asked by the United Nations to be a mediator in the conflict in Palestine in Israel.”
Of the 1294 Acts passed by Parliament since 1994, 148 are attributed to the justice sector. “All of which are aimed at ensuring that all South Africans have access to justice. This is the most important thing we can do as a Department,” stresses Radebe.
These Acts are instrumental in building and strengthening state institutions that support constitutional democracy and fight crime and corruption. “We also have to ensure the judiciary is transformed in a way that reflects the demographics of our South African rainbow nation.”
“In 1994 when the new constitutional dispensation came in, black judges could be counted on one hand, but right now, about 61% of judges are black which reflects the major strides we’ve made in transforming the judiciary regarding gender equality.”
There’s still an acute under-representation of women on the bench, only 76 of the 239 judges are women. “Wherever it’s possible we promote women judges. In my capacity as the Minister of Justice I always endeavour and strive to give women the opportunity to act in high courts, giving them the experience for being competent judges in the future.”
There are many challenges still to bridge, but with the collective leadership style of the Minister together with appropriate delegation, the justice system can only move forward. Minister Radebe is decisive and determined with a focused will and vision, not only in his department but also for South Africa’s future in general.
When President Jacob Zuma attended the G20 forum in Russia, he appointed Minister Radebe as acting President from 03 September to 07 September 2013. Unfortunately during this time, one of this year’s biggest road accidents occurred in Pinetown when a truck driven by a 23-year old, killed 23 innocent lives.
This was the third collision claiming many lives in only a few days, following the death of nine people returning from the annual reed dance ceremony in KwaZulu-Natal, and the death of seven people on the N2 between Grahamstown and Port Elizabeth in the Eastern Cape.
Radebe visited the Pinetown accident scene with transport MEC Willies Mchunu. He empathises, “This was a terrible tragedy. If President Zuma had been in South Africa he would have personally gone there to assist.”
The next South African general election will be held any time between April and July 2014. It will be the fifth election held since 1994, marking the 20th anniversary of South Africa’s democratic transition from apartheid. At least 23-million eligible voters will have to choose which leaders to entrust their vote.
In an interview with former president Thabo Mbeki in March this year, the Sunday Times asked him what he thought the qualities were of good leadership. He responded that one has to have a very good understanding of one’s country and its challenges, and to work on a clear programme to address these challenges. He also said it’s important to conduct oneself within a value system of which at its core, the obligation should always be to serve the people.
In regards to serving the people, Radebe is acutely conscious of the fact that a better life in South Africa cannot be created unless black people are also involved in the commanding heights of the economy.
He says, “The focus of all of us in government, or those who will be in government after the elections next year, should be concentrated on the growth of our economy and in creating jobs.”
Radebe feels education is the key to life, “We need to focus on the youth because the future of this country lies in them. It’s important to give them entrepreneurial skills so they can think of themselves as job creators instead of job seekers.”
South Africa needs more mentors from existing businesses to develop entrepreneurial skills. “And as government, we need to create an even more favourable condition for medium and small businesses to thrive. Many young people are unaware of how trade and industry actually operate, so I think we need to do more to support education and young entrepreneurs.”
Radebe is unwavering in his quest to make a difference in South Africa which is clearly evident from his enduring past. He was born on 18 February 1953 in a township called KwaMashu in Natal. As high school science student in Durban, he actually wanted to become a medical doctor. In his last year of Matric his mathematics teacher fell pregnant and the school had no one else to teach them.
“Students from the University of Natal medical school came to our school over weekends to teach us mathematics. During this time, they also introduced us to the Black Consciousness Movement with the late Steve Biko. And that’s how my whole life changed,” remembers Radebe.
As a result he decided to study law instead of medicine in order to participate in the freedom struggle of South Africa. He became a student activist and joined the underground structures of the African National Congress (ANC) during the student uprisings in 1976.
“At the time we were fighting for freedom, contributing towards building a South Africa with a non-racial, non-sexist, equal and prosperous democratic society founded on human rights. Now our focus is on enhancing the quality of that life,” he smiles.
In 1976 he obtained a B.jur degree from the University of Zululand and completed his legal articles in Durban. In 1977 he left the country for Mozambique on instruction of the ANC. He worked as a radio journalist with Radio Freedom in Dar es Salaam, Tanzania for two years then worked for the ANC’s International Department in Zambia.
He created underground ANC and South African Communist Party (SACP) structures inside South Africa from Lesotho, giving political direction to activists. During this period he obtained a LLM in International Law from Leipzig University in 1981 and studied at the Lenin International School, Moscow in 1985.
He underwent military training with Umkhonto we Sizwe (MK), got arrested and convicted under the Terrorism Act. “Well indirectly as the head of the justice prevention and security cluster, it’s true I was sentenced to ten years. I was caught in Johannesburg and my advocate was the late Chief Justice Pius Langa.”
Radebe was sentenced to ten years and then later appealed. “The appeal came before Judge Goldstone in 1986 who reduced my sentence from ten to six years. Coincidently, a few years later after I came out of jail, I had to give evidence before the Goldstone commission on the violence in KwaZulu Natal.”
While in Robben Island he was active in the ANC’s political department, “And I played soccer as goalkeeper,” he admits with a chuckle. “Being so isolated, the prison experience taught me many things. You learn survival skills and how to be strong.”
He was released after organising a successful 12-day hunger strike to speed up the release of political prisoners in 1990. By the time he left Robben Island, he was head of the ANC’s political department.
Radebe served as a project co-ordinator for the National Association of Democratic Lawyers (Nadel) between 1990 and 1991, and was eventually elected Deputy Chairperson of the ANC, Southern Natal Region in 1990.
He served as Secretary of the SACP’s interim Leadership Core between 1990 and 1991, then became the Chairperson of ANC’s Southern Natal Region from 1991 to 1994.
He also served on the Natal Regional Dispute Resolution Committee and as Chairperson of the Regional ANC Peace Forum during the same period. Later in 1995 he became a member of the Ex Political Prisoners Committee.
In 1996 Minister Radebe received an Honorary Doctorate in Humane Letters from Chicago State University. He became a member of the Business Trust from 1998 to 2003, and Chairperson of the Nelson Mandela 80th birthday Committee in 1998.
He was a Deputy Chairperson of the ANC in the Northern Cape, and later acting Provincial Chairperson in 2004. He was also a Board member of the Local Organising Committee of the 2010 FIFA Soccer World Cup.
“What many people also don’t know is that I am an Honorary Colonel in the SA Air Force, Mobile Deployment Wing in Pretoria.” smiles the Minister. “But my most colourful feat is the Leucospermum flower, a hybrid of the Protea, which was named after me on 23 October 2005. It’s called the Radebe Sunrise.”
State forestry company Safcor, was restructuring with the view to privatise. “I got a letter from a group of women outside Port Elizabeth who were involved in a flower project. They were concerned about how they would feed their families should Safcor restructure.”
Radebe asked them to come up with a solution. “When they did, I realised these women had the potential to turn their flower project into a very successful enterprise. We transferred it to them as a cooperative, so now it’s a lucrative business for them.”
A cherished flower of another kind is his wife Bridgette Radebe, South Africa’s first black female mining entrepreneur and sister of the billionaire mining magnate, Patrice Motsepe.
“We have three kids, a son and two charming little daughters. Bridgette is a business woman and as busy as I am, but we do find time in our busy schedules to share with our family.”
Minister Radebe had been a member of the ANC’s National Executive Committee (NEC), and the National Working Committee (NWC) since 1991. He is member of the SACP Central Committee, ANC Head of Policy, and member of the Natal Regional Dispute Resolution Committee.
He is also Chair of the ANC’s National Disciplinary Committee, and Chairperson of the Protocol Committee of the ANC in Parliament.
In future, the overall challenge for Radebe remains to consolidate the advances made in the justice system in such a way that it will make a difference in the lives of all South Africans, “So that all can experience a life of refinement and dignity.”
As Martin Luther King Jr has said, “Human progress is neither automatic nor inevitable. Every step toward the goal of justice requires sacrifice, suffering, and struggle – and the tireless exertions and passionate concern of dedicated individuals.”
SIDEBAR BOX
Nothing is ever settled, until it’s settled right
The Justice Department administers a wide variety of legislation and has constantly promoted new and amended legislation to ensure it is aligned to the Constitution.
The Sheriffs Amendment Act 14 of 2012 was approved by the President on 11 December 2012, which contributes in bettering governance of the sheriffs’ profession.
“In 1994 there were 475 sheriffs with the overwhelming majority of 399 being white men. By 2012 this picture had changed significantly with the appointment of 64 new African sheriffs, and a women representation of just under 40%,” says Jeff Radebe.
The Bill for the Constitution Seventeenth Amendment Act was passed by the National Assembly on 20 November 2012 and signed by President Jacob Zuma on 1 February 2013. It was brought into force recently on 23 August 2013.
The Superior Courts Act, which was promoted together with the Constitution Seventeenth Amendment Act, accords the Office of the Chief Justice its separate identity and responsibility with the power to head, lead and guide the judiciary for efficiency and equitable access to justice. The Act also extends the powers of the Constitutional Court to hear any matter that raises an arguable point of law.
Radebe explains. “This was the first step towards transforming the judicial reviews of South Africa into a hierarchical system with all provinces to have their own high court. High courts are already being built in Polokwane, Limpopo and Nelspruit in Mpumalanga, meaning that people living in those areas don’t have to travel far to Pretoria or Johannesburg to seek justice. There are many challenges regarding this still remaining, and as they say, Rome wasn’t built in a day. But I think this is already a major achievement.”
Centuries ago, the Romans noted the aim of justice is to give each his fairly due, protecting his or her rights of possession. But people often disagree over what they deserve when wronged. “That’s why it’s so important to ensure access to an equitable justice system by capacitating the courts and building more in previously disadvantaged communities,” comments Radebe.
Radebe is adamant that people must get justice close to where they live. “Since 1994, we’ve built about 43 brand new courts, not only in typical urban settings, but also in rural areas and townships, like the new Palm Ridge court on the East Rand in Johannesburg, and the KwaMashu Ntuzuma court just outside Durban.”
In an effort to fight the scourge of sexual crimes across the country, the Department has budgeted R22million for the roll-out of special sexual offence courts. The department has already identified nine courts to be revamped and is yet to identify another thirteen.
“This revival will ensure that perpetrators of these heinous crimes are brought to book. We’re also trying to avoid secondary victimisation of our rape victims, and want the courts to be victim friendly. That’s the rationale behind the introduction of the sexual offences courts.”
The sexual offence court project is a model that the international world is copying from South Africa. The model works on a collective system whereby various government services such as justice, police, health, and social departments are clustered in one centre to assist victims.
“We need to raise the level of consciousness among our people that wherever crime happens, we need to speak up and report it to the police immediately. Sometimes crimes are hidden from law enforcement officers because of the drama expected.”
Unfortunately the legal system doesn’t always work for everyone; it mostly works for those with ample financial resources. Costs of legal assistance are so high that proper justice can practically never serve the poor.
The South African legal profession is also regulated by different laws which apply in different parts of the republic. The Legal Practice Bill, brought into parliament in 2012, aims to transform and restructure the legal profession by providing a South African Legal Practice Council and Regional Councils in order to regulate professionals and to enforce proper legal conduct.
In future the Justice Department will commence in earnest with assessments on what kind of socio-economic impacts the decisions made by the Constitutional Court and Supreme Court of Appeal have on society.
Word count: Main: 2247 | Sidebar Box: 698 | Total: 2945
Written for: Capemedia | Leadership Magazine
Editor: Lindsay King
Deadline: 23 September 2013