By: Nic Cheeseman, University of Birmingham
A strong judiciary isn’t enough to keep democracy in place. Kenya’s Supreme Court decision nullifying the re-election of Uhuru Kenyatta is a case in point.
Reuters/Baz Ratner
The last twelve months have been a confusing time for African democracy. We have seen coups that didn’t look like coups and elections that didn’t look like elections. In this sense, it was a year of illusions.
As in 2016, the broad trend is clear: with a number of notable exceptions, the gains made in the early 1990s are under threat from governments with little commitment to plural politics. It’s true that 2017 provided further evidence of the danger of democratic backsliding. But it also saw powerful presidents suffer embarrassing setbacks in a number of countries.
So what lessons does 2017 have to teach us, and what is going to grab the headlines next year?
In November 2016, the Zimbabwean Defence Forces placed President Robert Mugabe under house arrest and subsequently orchestrated his removal. The intervention was cleverly framed as a corrective action to remove “criminal” elements around the president. In reality, it represented an effort by the military to protect its own political and economic interests.
Once General Chiwenga had spoken out against the sacking of Emmerson Mnangagwa – the political leader closest to the security forces – he faced being replaced, arrested and charged with treason. In other words, Chiwenga had little to lose and everything to gain from military intervention. The ousting of Mugabe therefore serves as an important reminder that despite thirty years of multiparty elections in Africa, messing with the military can still be fatal.
The military intervention in Zimbabwe was also remarkable for being the politest coup in history. To avoid domestic and international criticism, the coup plotters went to remarkable lengths to make their usurpation of power look constitutional. Instead of being executed or sent into exile, Mugabe was allowed to remain in his house and posed for pictures with his captors.
Amazingly, the theatre worked. Delighted to see the back of Mugabe, even some committed democrats were prepared to hold their nose and welcome the “transition”.
The willingness of many people to play along with the idea of a bloodless coup is deeply problematic, first because it may encourage security forces in other countries to try and repeat the trick, and second because it is false.
There are growing reports that a number of deaths and human rights abuses occurred as the military moved to exert political control. When the testimonies of the victims are finally heard, it will cast a very different light on the coup and its aftermath.
The Kenyan Supreme Court made history when it became the first judicial body on the continent to nullify the election of a sitting president – Uhuru Kenyatta – on 1 September. This remarkable assertion of judicial independence was celebrated throughout Africa and beyond, as democrats dared to dream of a new phase of judicial activism.
But any hope that the need to repeat the election would lead to widespread reforms and a better quality process turned out to be overly optimistic. Instead, the second poll was just as controversial as the first as evidence emerged of continued political interference in the electoral commission and the main opposition candidate, Raila Odinga, boycotted the contest.
The Kenyan experience is significant because it demonstrates that while independent judiciaries can have a major impact on democracy, their effectiveness is constrained by weaknesses elsewhere in the political system. Because Supreme Courts lack both legislative and enforcement powers, they are dependent on others for their decisions to be implemented, and so have a limited capacity to enforce the rule of law.
One of the main stories of the last 12 months is an upsurge of secessionist sentiment in Cameroon, Kenya and Nigeria. Significantly, while the demand for the creation of a separate state has complex roots, in each case it was triggered by perceptions of political and legal exclusion – and the fact that certain ethnic and linguistic communities have not held the presidency for decades, if at all.
Although these movements have very different dynamics, they have all led to protests and met with a hostile state response.
Perhaps somewhat paradoxically, they are also movements full of people who don’t really want to secede: in each case, opposition leaders are using the threat of separation as a way to highlight – and contest – their political exclusion. Nonetheless, unless some of their demands are met, secessionist sentiment is likely to harden, undermining national identities and paving the way for future political crises.
The last year has revealed the extent to which Western companies have become involved in helping political leaders in Africa run divisive public relations campaigns to boost their electoral prospects.
The most high profile example of this was Bell Pottinger, a British “reputational management agency” that was accused of designing a campaign to stir up racial tensions in South Africa as a way of deflecting attention away from the poor performance of the African National Congress government.
The company was paid £100,000 a month, although this proved to be little compensation when the scandal broke and it was forced into administration.
While Bell Pottinger has gone, many of the multinational companies who do this kind of work continue to operate – although exactly what they do remains unclear. Given the lucrative nature of these contacts, we can assume that Western companies will continue to play a questionable role in African elections in the future, unless their activities are exposed.
The next 12 months are not likely to be kind to African democracy. Very rarely has the continent seen so many elections scheduled in such unpromising contexts. Early elections in Sierra Leone have the best prospects of going well, but after that a series of general elections will be held in particularly challenging contests: Cameroon, Mali, South Sudan and Zimbabwe.
The great challenge facing Mali and South Sudan is to organise a credible contest against a backdrop of political instability and weak institutions.
The situation is markedly different in Cameroon and Zimbabwe, where entrenched regimes that tightly control the political landscape will hold elections that they have no intention of losing.
But it’s important not to be defeatist. In the last few years the most significant democratic breakthroughs – in Gambia, Nigeria, Kenya and beyond – have been unanticipated. The next great democratic moment could be just around the corner.
This article was originally published on The Conversation.
Written by: Natasha
Real. Familiar. Memorable. Kaya 959 brings you the music you know and love from our playlist. Uninterrupted. Thursdays 20h00 to 21h00
closeHe has held it down in the world of mid-morning radio with the best music, riveting topics, brilliant mixes and interesting guests. Every weekday, The Best T proves why he is the BEST by connecting to you like only your bro or favourite uncle could. He lets his listeners dictate the songs they want to hear in the ever-popular Top 10 at 10, and his Three Teaspoons never run out. Catch The Best T in the City Mondays to Fridays from 09h00 to 12h00.
closeFeel good about feeling good! That's exactly what The Feel-Good show is about. An escape from the negativity that surrounds us, indulging you in good feels. Pass it on to one and all. Spread the good feeling around Gauteng with Andy Maqondwana.
closeEvery "Hive" needs a Queen B and Bonolo "Bee Sting" Molosiwa is Kaya 959's honey who brings in the money. With her bubbly personality, infectious laugh, Bee Sting radiates positive energy which is all you need to get your weekend off to the best start. Don't miss the Afrobeat Dancehall Ragga (ADR) Top 10 on The Hive with Bee Sting every Saturday from 18h00 - 21h00.
close© 2024 Kaya 959 | On The Street On The Air
THIS PRIVACY STATEMENT FORMS PART OF KAYA 959’S TERMS OF USE POLICY. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY STATEMENT, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE IMMEDIATELY.
POPIA Act – To promote the protection of personal information processed by public and private bodies; to introduce certain conditions so as to establish minimum requirements for the processing of personal information; to provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of this Act and the Promotion of Access to Information Act, 2000; to provide for the issuing of codes of conduct; to provide for the rights of persons regarding unsolicited electronic communications and automated decision making; to regulate the flow of personal information across the borders of the Republic; and to provide for matters connected therewith.
RECOGNISING THAT—
AND BEARING IN MIND THAT—
AND IN ORDER TO—
1.1.“Personal Information” means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, including all information as defined in the Protection of Personal Information Act 4 of 2013.
1.2 Parliament assented to POPIA on 19 November 2013. The commencement date of section 1, Part A of Chapter 5, section 112 and section 113 was 11 April 2014. The commencement date of the other sections was 1 July 2020 (with the exception of section 110 and 114(4). The President of South Africa has proclaimed the POPI commencement date to be 1 July 2020.
1.3. “Processing” means the creation, generation, communication, storage, destruction of personal information as more fully defined in the Protection of Personal Information Act 4 of 2013.
1.4. “You” or the “user” means any person who accesses and browses this website for any purpose.
1.4. “Website” means the website of the KAYA 959 at URL www.kaya959.co.za or such other URL as KAYA 959 may choose from time to time.
2.1. KAYA 959 respects your privacy. This privacy policy statement sets out KAYA 959’s information gathering and dissemination practices in respect of the Website.
2.2. This Privacy Policy governs the processing of personal information provided to KAYA 959 through your use of the Website.
2.3. Please note that, due to legal and other developments, KAYA 959 may amend these terms and conditions from time to time.
3.1. By providing your personal information to KAYA 959 you acknowledge that it has been collected directly from you and consent to its processing by KAYA 959.
3.2. Where you submit Personal Information (such as name, address, telephone number and email address) via the website (e.g. through completing any online form) the following principles are observed in the processing of that information:
3.2.1. KAYA 959 will only collect personal information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is
collected will be apparent from the context in which it is requested.
3.2.2. KAYA 959 will only process personal information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed.
3.2.3. Personal information will only be processed for a purpose compatible with that for which it was collected, unless you have agreed to an alternative purpose in writing or KAYA 959 is permitted in terms of national legislation of general application dealing primarily with the protection of personal information.
3.2.4. KAYA 959 will keep records of all personal Information collected and the specific purpose for which it was collected for a period of 1 (one) year from the date on which it was last used.
3.2.5. KAYA 959 will not disclose any personal information relating to you to any third party unless your prior written agreement is obtained or KAYA 959 is required to do so by law.
3.2.6. If personal information is released with your consent KAYA 959 will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 1 (one) year from the date on which it was last used.
3.2.7. KAYA 959 will destroy or delete any personal information that is no longer needed by KAYA 959 for the purpose it was initially collected, or subsequently processed.
3.3. Note that, as permitted by the Electronic Communications and Transactions Act 25 of 2002, KAYA 959 may use personal information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
4.1. KAYA 959 may use standard technology to collect information about the use of this website. This technology is not able to identify individual users but simply allows KAYA 959 to collect statistics.
4.2. KAYA 959 may utilise temporary or session cookies to keep track of users’ browsing habits. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this website and facilitate user convenience.
4.2.1. Cookies by themselves will not be used to identify users personally but may be used to compile identified statistics relating to use of services offered or to provide KAYA 959 with feedback on the performance of this website.
4.2.2. The following classes of information may be collected in respect of users who have enabled cookies:
4.2.2.1. The browser software used;
4.2.2.2. IP address;
4.2.2.3. Date and time of activities while visiting the website;
4.2.2.4. URLs of internal pages visited; and
4.2.2.5. referrers.
4.3. If you do not wish cookies to be employed to customize your interaction with this website it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website may not be available.
5.1. KAYA 959 takes reasonable measures to ensure the security and integrity of information submitted to or collected by this website, but cannot under any circumstances be held liable for any loss or other damage sustained by you as a result of unlawful access to or dissemination of any personal information by a third party.
6.1. KAYA 959 has no control over and accepts no responsibility for the privacy practices of any third party websites to which hyperlinks may have been provided and KAYA 959 strongly recommends that you review the privacy policy of any website you visit before using it further.
7.1. If you have any queries about this privacy policy please contact us by emailing [email protected]