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Beware George Orwell’s ‘Thought Police’ and ‘Ministry of Love’ By Daniela Ellerbeck

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The Constitution (in Section 15) expressly entrenches the “right to freedom of conscience, religion, thought, belief and opinion”. By explicitly protecting thought and, even, opinion the Constitution protects more than just formal religion.

Voicing our thoughts and opinions in the public realm are protected twice over by our Constitution – by the Section 15 right to religious freedom and the Section 16 right to freedom of expression (the latter expressly includes the “freedom to receive or impart information or ideas”). Evidently, enshrined rights make no sense if we were only entitled to them in the inner sanctum of our home and not in the public realm. It is, therefore, submitted that the crux of enshrining rights is ensuring they are protected in the public realm.

South Africa’s public life was never meant to be sanitised or secular, but a place where everyone can voice their beliefs, thoughts and opinions. This will obviously result in a multitude of diverse opinions in the public realm – should we silence some we don’t agree with? At this juncture, it is important to point out that the right to equality includes (and arguably its very crux is) the full enjoyment of all rights and freedoms equally by everyone – even those we disagree with.

Tolerance of views over silence

This will naturally result in a public realm that is full of diverse and pluralistic thoughts, opinions and beliefs. This will require us, as South Africans, to be tolerant of those we disagree with and allow them to express themselves in the same public realm we express ourselves in. We cannot relegate people to the margins of society because they do not or cannot conform to certain social norms.

Equality, after all, does not presuppose eliminating or suppressing difference, but equal concern and respect across differences. It requires us to act positively to accommodate those different to us.

So no, we should not silence those we disagree with. Rather, we should tolerate them. Tolerance is giving reasonable space to what we disagree with. In fact, the type of tolerance that is envisaged by the Bill of Rights does not mean we accept what is familiar and easily accommodated by us, but it is the type of tolerance that requires us to give reasonable space to what is unusual, bizarre or even threatening to us.

In other words, it is not tolerance when we find space in the public realm for people and practices with whom we feel comfortable, but when we accommodate those expressions that are (perhaps even extremely) uncomfortable to us to allow those people to also participate in the public realm. Requiring people and institutions to reasonably accommodate different worldviews to theirs in the public realm is part of celebrating diversity. This is the essence of being inclusive.

To ask for the public space to be sanitised so that you are never confronted by anything that you find offensive or even “unusual, bizarre or even threatening” is not tolerance, it is bigotry.

As so beautifully written by former Constitutional Court Justice Albie Sachs: “[i]ntolerance may come in many forms. At its most spectacular and destructive it involves the use of power to crush beliefs and practices considered alien and threatening” – what he termed as “aggressive targeting”.

No one is safe

This brings us to the Prevention and Combatting of Hate Crimes and Hate Speech Bill, which is currently in its final stages before Parliament – and also one of the most controversial pieces of legislation since the advent of South Africa’s democratic dispensation where we left our apartheid past – with its censorship, thought control and its imprisonment for speech it thought undermined the South Africa it wanted.

The bill proposes criminalising speech it sees as hate speech. The bill defines hate speech very broadly, including speech that undermines the social cohesion in South Africa (harkening back to apartheid) and that someone might think is hateful. Of all its numerous failures, the hate speech bill’s failure to define hate is perhaps the most ironic. It will also capture private expressions in its reach – i.e. you might face up to eight years in jail for a conversation that took place around your kitchen table.

The bill attempts to give some protection to the press and artists, but because of the bill’s wide definitions of harm or undefined hatred, these protections nullify themselves. No one is safe.

The problem with trying to silence viewpoints that we neither like nor want is that we simultaneously stifle the flow of information and ideas. Effectively, we hamstring our own freedom of thought, cutting ourselves off from the opportunity to learn, engage and challenge. This bill is therefore the antithesis of the foundational and fundamental principles upon which any democracy worthy of the name is built and sustained.

Like an atomic bomb, it will spare no floor of the building of public life from obliteration. Enter George Orwell’s “Ministry of Love”, exit our hard-won freedom.

– Daniela Ellerbeck is an attorney of the High Court of South Africa and heads up FOR SA’s legal department.

Strictly Personal

Here is Raila’s Africa Union road to nowhere, By Tee Ngugi

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On August 27, the Kenya government officially endorsed Raila Odinga as its candidate for chairman of the African Union Commission in a ceremony held at State House.

In attendance were William Ruto, Yoweri Museveni of Uganda, Tanzania’s Samia Suluhu Hassan, South Sudan’s Salva Kiir, former president of Nigeria, Olusegun Obasanjo, former president of Tanzania, Jakaya Kikwete , among other dignitaries. The platitudes spoken at the ceremony, and the grandiose reception of the VIP dignitaries resembled a mini African Union heads of state gathering.

Watching the gathering and listening to the speeches, I was struck by two sad truths.

One truth was of a tone deaf generation totally incapable of understanding the problems of Africa. The other was that these same people continue to be in charge of Africa’s affairs or determine or influence its future. Let me expound on these two issues by reference to the speech made by Raila Odinga.

Odinga touched on several problems plaguing Africa including peace, the poverty that forces people to flee to Europe, and intra-Africa trade.

Yet not once did he hint at, let alone mention, the root cause of all these problems. Lack of peace in Africa is caused by failed governance.

The governance style fashioned by the independence leaders is characterised by what Ali Mazrui called “deification” of political authority.

By this process, the president becomes a god. He uses government positions and public resources to buy support or reward sycophants. Significant resources are used for self-aggrandisement and to fulfill megalomaniacal ambitions.

It is a wasteful and corrupt system. The state employs an elaborate police apparatus to intimidate citizens. A case in point: A few weeks ago, and not far from State House , the Kenya regime stationed snipers on rooftops to execute unarmed protesters.

The African governing elite is also adept at using tribalism as a political tool. The war in South Sudan is a competition for power by individuals who mobilise the support of their communities.

The deadly conflagration in Sudan is traceable to Bashir’s dictatorship which weakened systems and impoverished the country. Now those close to Bashir are fighting to be the next “deity” and continue to plunder the country.

Odinga evoked the ghosts of Nkrumah, Jomo Kenyatta, Sekou Toure and Haile Selassie — dictators who designed the oppressive parasitic state. Evocation of these dictators was ominous, because it signaled continuation of the AU defence of the broken system they designed and which successive regimes have perpetuated.

Should he succeed, Raila will become the next spokesman and defender of this fundamentally flawed governance which the youth of Africa want to overthrow.

His legacy will be cast in the same lot with that of dictators who have ruined and continue to ruin Africa.

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Strictly Personal

Mpox crisis: We need an equity-driven pandemic treaty, By Magda Robalo

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The current multicountry Mpox outbreak started in January 2022. It has now been declared a Public Health Emergency of Continental Security (Phecs) by the Africa CDC and, for the second time, a Public Health Emergency of International Concern (Pheic) by WHO, under the International Health Regulations (2005) highlighting critical deficiencies in the global public health response.

Endemic to West and Central Africa, the first human case of Mpox was detected in 1970 in the Democratic Republic of Congo (DRC). Nigeria experienced a large outbreak in 2017 and 2018. Only sporadic cases occurred outside endemic areas before 2022.

According to the World Health Organisation, most people suffering Mpox recover within two to four weeks. The disease is transmitted through close, personal, skin-to-skin contact with someone who has Mpox, contaminated materials, or with infected animals. Transmission could also occur during pregnancy or childbirth and among people with multiple sexual partners, who represent a high-risk population.

Despite early warnings, failures in implementing robust surveillance, contact tracing, and containment strategies have allowed the virus to spread across at least 120 countries. In the DRC, where the outbreak has been particularly severe, two distinct outbreaks are evolving, caused by clade Ia and the newly emerged clade Ib.

Increasingly, and rightly so, voices are coalescing to demand an urgent, coordinated international action and global solidarity toward an equity-driven, focused response to curb the virus’s spread and mitigate its impact.

Loud calls for equitable vaccine distribution are being heard, a reminiscence of the Covid-19 dramatic experience. But vaccines are only one complementary tool in the box of interventions against the outbreak. Two fundamental questions we should be asking are: whether we have done enough to prevent the outbreak from becoming Pheic and Phecs, and if we are doing all we can to contain it, beyond placing our hopes on the still scarce doses of vaccine.

The Mpox outbreak underscores the urgent need for a comprehensive, equity-driven pandemic treaty, to coordinate global efforts to improve pandemic prevention, preparedness and response. The potential impact of this treaty is substantial, promising to address critical areas such as public health infrastructure, equitable access to treatment, vaccines and other supplies, and enhanced international cooperation during health emergencies.

The spread of Mpox across multiple continents in the aftermath of the Covid-19 pandemic confirms the persistence of significant vulnerabilities in national and global health systems, particularly in surveillance and rapid response—areas a well-crafted treaty could strengthen.

A united voice from Africa is critical to the negotiations. Without systemic changes, the world risks repeating the mistakes of Covid-19 and the ongoing Mpox outbreak in future outbreaks. Global health security depends on timely action, transparent communication, and a commitment to protecting all populations, regardless of geographic or socioeconomic status. It depends on strong health systems, based on a primary health care strategy and underpinned by the principles of universal health coverage.

There is no doubt that the world is facing an emerging threat. The scientific community is confronted with knowledge gaps in relation to Mpox. Several unknowns persist on the real pace of the evolving outbreak, its modes of and transmission dynamics, evolutionary routes and the human-to-human transmission chains. It is uncertain if we are moving toward a sustained human-to-human transmission and its potential scale and impact.

However, despite the fragility of health systems in most of its countries, Africa has decades of vast, diverse, cumulated experience in dealing with major epidemics, such as HIV/Aids, Ebola and most recently Covid-19, in addition to the decades of surveillance for polio eradication and containment of outbreaks.

In recent decades, African countries have improved their human, technical and infrastructural capacities and capabilities to detect, diagnose, and respond to outbreaks and large epidemics. Expertise and skills have been built in disease surveillance, infection prevention and control, diagnosis, epidemiological data management, including pathogen genomic sequencing.

Communities have developed systems to fight stigma and discrimination, built resilience and capacity to respond to and address their unique challenges, including poor access to information, education, communication tools, as well as to treatment and prevention interventions.

Admittedly, the response to this outbreak continues to expose significant flaws, particularly inconsistent and inadequate surveillance and monitoring systems to track the spread of the virus, contact tracing, and infection prevention measures (isolation, handwashing, use of masks and condoms, etc).

Many countries still lack the necessary infrastructure or have relaxed these measures, leading to delayed detection and widespread transmission. Moreover, a reluctance to deploy aggressive contact tracing and isolation protocols, partly due to concerns about stigmatisation, resulted in missed opportunities for early containment.

While negotiating for potential vaccine doses to protect high-risk populations, countries should invest in and deploy what they have learned and now know how to do best, based on the lessons from polio, HIV/Aids, Ebola and Covid-19. It is imperative that we contain the Mpox outbreak before it is too late. It is time to put our best foot forward. We have no reasons for helplessness and hopelessness.

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