Monday, August 3, 2009

EMPLOYMENT EQUITY BILL REQUIRES A LONGER VIEW

THE INDEPENDENT-ON-SATURDAY 17 OCTOBER 1998

TRANSFORMATION has become a buzzword in our contemporary democracy The question which then arises is: how do we transform a heterogeneous country like South Africa without fanning the flames of racial prejudice?
This noble process is characterised by a considerable debate and discussion as various views are put forward regarding the achieve­ment of a truer democracy.

How will the Employment Equity Bill help towards transforming our society by eliminating apartheid's legacy of inequality?
Both the supporters and the vocal detractors of the new Bill merit some audience.

To the previously disadvantaged communi­ties, the Bill is seen as the most comprehensive anti-discriminatory piece of legislation in our new-found democracy.
It is the relevant practical framework to redress past discrimi­nation in the workplace.

Liberal
To the opponents of the Bill, who are our very own liberal comrades, they condemn it as the reintroduction of the very draconian principles of the National Party government's apartheid and racial favouritism.
But the fundamental questions raised by the Bill are very straight-forward.
Should the Government invoke racially-biased legislation and policy formulation in favour of disadvantaged groups to heal the social and economic wounds of the past?
Does the Government need to threaten punitive measures to accelerate black advancement?
In South Africa's unique democracy, much must be focused on the State's democratisation.
Does transformation equal democracy?
Race-based legislation would prove very contentious. Racial divide is at the very root of economic inertia in South Africa.
Two major race groups in South Africa are on a collision course.
The formal job market sector continues to be dominated by those who benefited the most under apartheid.
Nevertheless, it is in meir interest to join the struggle to eliminate the prevailing imbalances.

On the other hand, proponents of this Bill are convinced that it seeks to give those who were oppressed during the apartheid era opportuni­ties of which they were deprived earlier.
The Verwoerdian-style image of largely white males in cushy jobs and black people doing menial labour is still embedded in the workplace.
How does the Government go about with the so-called "levelling of the playing fields"?

Shortage
Quite a pathetic position is advanced by Dr Anthea Jeffrey of the South Africanlnstitute of Race Relations who argues that'"there is evidence that the most important constraint on black advancement is not race prejudice, but the shortage of black people with the necessary skills and experience".
Why were black people under-developed? Is it true that many whites benefited from job reservation under the Colour Bar Act?
Let the black-led ANC Government champion the breadandbutter issues of the poorer oi the poor. The Government must serve to uplift the social and economic conditions of the disadvantaged black people.
The anti-apartheid for freedom were very much about access to socio-economic opportu­nities.
We must stop clouding the Bill in political rhetoric and emotive statements. We must look at the Bill in terms of South Africa's long-term economic prospects, not in terms of the delicate state of race relations.
Notwithstanding foreign investments, the Government of the day must stop the appeasement policy to the "captains of industry".
Mr Godfrey Ohphant, ANC MP and chairman of the Parliament Portfolio Committee on Labour, sums it up like this: "You cannot redress past injustices if you deny history The Bill, therefore, recognises groups in order to provide an effective framework to, among other things, de-racialiset our society ".

As we attempt to redress the inequalities so prevalent in our wonderful Rainbow Nation, the Bill's detractors will tell you that the best way to address the apartheid legacy is to train and educate people to take up their rightful place in the economy.

No advocate of equity other than Deputy President Thabo Mbeki, sums up this debate on transformation better: "If the real problem we face -of ending the legacy of the past -persists, it will not be because we are cursed with the gift of diversity".

Nkonzo Mqadi is a University of Durban-Westville political science graduate and is presently doing his second year LLB degree at that university.

WHY PASS THE FLOOR-CROSSING LEGISLATION NOW?

INDEPENDENT-ON-SATURDAY O8 June 2002

NKONZO MQADI
{Speaker's Corner}

SOUTH Africa's Constitution is regarded as among the best in the world, but some institutions that underpin it are debatable. Parliament has devoted time to lengthy deliberations on a package of legislation, to allow public representatives at all three government tiers to change party allegiance. At present, crossing the floor is iorbidden by the existence of the Anti-Defection clause in the Constitution.

But is the civil society aware that, there's an enactment of the floor-crossing window period that is due to start on June 18 this year? Does the country as this stage of our political development, need to foster far-reaching changes to the 1996 Constitution?

The proposed legislation highlights some fundamental questions to our fledgling democracy. Were it not for the grumblings within the DA, leading to the withdrawal of the NNP and the formation of the alliance between the ANC and the NNP in the Western Cape, our law-makers would not be rushing this legislation.

Commentators argue that allowing members of the legislature to defect brings South Africa in line with other democracies and allows for fluid politics.
ANC chairman Mosiua Lekota is on record as saying the ANC has been discussing the defection clause for some months.
Are the political motives behind these constitutional changes benign or driven by political expediency?
Looking at the fall-out among senior leaders in the Western Cape, crossing the floor in that region makes politics more interesting. But, permitting politicians to change parties would disturb the electoral balance chosen by the electorate.

For some time now, the current form of proportional representation has been under scrutiny.

The purpose ot this Draft BTH is to amend Section 23a of Schedule 2 of the Constitution, in order to enable a member of a legislature to become a member of another party while retaining membership of that legislature.
There are areas of concern where it is felt that this defection legislation could directly impact on issues that are integral to our democracy The greatest area of concern is the constitutionality of the changes to the Constitution.
Since the Constitution is silent on floor crossing at local government level, wouldn't Section 157 of the Constitution, when read together with the Municipal Systems Act, jeopardise the guaranteed fair proportio­nality in the councils?
The other crucial issue is the possible-effect this law could have on electoral aspects. The proportional representation list system, in tandem with the Anti-Defection Clause, is highly effective for the purposes of party discipline.

As this draft legislation allowing MPs, MPLs and councillors to defect to other parties without losing their seats affects their respective constituencies, have all the stakeholders affected by this proposed legislation been consulted?

Perhaps a move away from a pure proportional based system aided by the defection legislation, could be beneficial to our maturing democracy.
One would propose a constituent-based system with mixed proportional representation. Maybe this would encourage greater accountability to voters because there would be some direct link between the area and an individual MP.
Consequently MPs won't be subject to the kind of party discipline that is found in a pure proportional representation system.
They could cross the floor or vote against their party without risking them seats in parliament.

Whatever the guiding principles, politics could be interesting through the drama of defections. This legislation must not be allowed to become a tool serving short-term political opportunism, but must surpass any short-term benefits made through political expediency.

□ Nkonzo Mqadi is a Durban-based freelance writer

SA GLORIFY THE ACHIEVEMENTS OF ITS WOMENFOLK

INDEPENDENT-ON-SATURDAY 08 August 2002

NKONZO MQADI
{Speaker's Corner}

THIS week South Africa is glorifying the achievements of its womenfolk.
How has the country treated its women, are we advancing their cause?
Who can deny that even the once mighty apartheid regime was shaken with fear by the power possessed by the Imbokodo (women) against any form of discrimination.
Let's reflect on the role played by women during the fight against apartheid and the strides they are making in the post-apartheid era.
In doing so, we must be mindful of the poor rural women, the majority of whom are illiterate and unemployed, yet they bring life to their households. These unsung heroines must be saluted for keeping the home fires burning.
Has South Africa taken any major strides towards addressing gender equality in institutions such as parliament and the corporate world and improving the status of women?
Out of the 490 seats in the national parliament, 136 seats are held by women.
Leading South African woman Naledi Pandor, chairman of the National Council of Provinces, is of the view that the country has done a lot in bringing women into government.
"South Africa has been very successful in attracting women to elected office, we have thus achieved step one," Pandor said while addressing a Women's Empowerment Unit in Durban last year.
From the political domain, in the private sector, education, sport, arts and in the print and electronic media women have made headway and are successful.
To mention a few from this province; Speaker in Parliament Frene Ginwala, Minister of Mineral and Energy Affairs Phumzile Mlambo-Ngcuka, Foreign Affairs Minister Nkosazana Dlamini-Zuma, Minister of Land Affairs Thoko Msani Didiza, Health Minister Manto Shabalala-Msimang and Deputy Minister of Defence Nozizwe Madlala-Routledge.

The Kwazulu-Natal Local Government Association is in the capable hands of director Makhosi Khoza.
In the Ethekwini Unicity, the Speaker is Nomusa Dube and the Council has Ntokozo Mkhize as its legal advisor.
Khanyi Dhlomo-Mkhize, the editor of True Love, has turned the magazine into one of the most read women's magazines.
Peggy Nkonyeni, the KwaZulu-Natal provincial Women Caucus chairman alludes that there is need for improvement in women representation because there is not a single female minister in the provincial cabinet.
In 1954 a non-racial and non-aligned women's movement, the Federation of South African Women, was formed. This federation brought together women from every segment of society to draw up a women's charter.
Who can dare forget the watershed of August 9, 1956 when Lillian Ngoyi, Helen Suzman, and others congregated outside the Union Building in Pretoria in a protest march.
The slogan "Strydom, wathinta abefazi, wathinta imbokodo," (Strydom you have tampered with the women, you have dislodged a boulder, it will crush you) reverberated and mobilised women throughout the country
As women constitute the majority of the population, their numbers also played a vital role at the Convention for a Democratic South Africa (Codesa) talks.
Every compatriot must honour all those women who ensured that our country has one of the most progressive constitutions in the world.

As South Africa celebrates constitutional democracy, the exploitation of our mothers and sisters, calls for a concerted mobilisation against sexual abuse, harassment, rape, promotion of HIV-Aids awareness, and equal representation.
□ Nkonzo Mqadi is a Durban-based freelance writer.

AKUSEKHO OKUNGAVIMBA UMSHOLOZI

Lala ngoxolo Mandla Ngcobo Ilanga LaseKhaya May 5, 2008

IZINDABA zokudlula emh-labeni komsakazi woKhozi FM, uMandla Ngcobo, zishaqise abaningi. Le nsizwa idlule emhlabeni ngoLwesine olwedlule ngemuva ko-kuphathwa yikhanda elinga-pheli. Sizwelana nodadewabo uGugu abebeyizintandane naye, sithi nathi sonke in the entertainment circles silahlekelwe ngoba uMandla ubengomunye wethu.
Omunye othi ubemazi kakhulu uMandla usithumelele le lenkondlo engezansi:

Kubuhlungu Mandla, but "It's Alright mfanakithi!"

When I received the news I got angry,
When I received the sad news I went beserk,
When it was confirmed, I really got mad.
Why? Because it is a wa­ste!

Angel of death, why are you so cruel?
Angel of life, why are you so careless?
Africans, why must we always loose our best?
Abemisakazo balahlekelwe, it is a waste.

Pho-ke sesingathini ngoba oPhezulu usezigawulele?
Pho-ke sesingathini ngobayindlela yethu sonke?
Kodwa pho, Mandla sewungaveie usishiye mahlayeni nje?
Sizokwenzenjani? Masiyivume le nduku.

Bangaki kulesi sifundazwe abazi iECC ngoMandla?
Bangaki kuleliya tende abahehwa yizintshumayelo
zikaMandla?
Bangaki abazalwane babaphendulwa nguMandla?
Bangaki abalaleli ababengaphuthelwa ekuseni wuhlelo lukaMandla?

Heavenly Father, we salute your choice and decision.
We pray and love you more, we thank you ngoMandla.
Heavenly Father, why hit us with a such a blow?
Through Mandla. you reached us across the globe.

Having him in Durban & PMB radio stations was a bless­ing.
Having him at the African Beach Soccer qualifiers was memorable
Having him eThekwini Community Church was a Testament.

Rest in Peace Mapholoba,umkhakha wabezindaba ushayekili, uzwile.
It's Alright, what else, but it's a waste!

Kubhale uNkonzwenhle Mqadi
{Omunye kwabekade ehlekisana nabo}

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Akusekh’okungavimba uMsholozi ILanga LangeSonto Nov' 11, 2007

MHLELIIZINGQAPHELI esezimnkantsh'ubomvu kwezepolitiki ku-leli zwe sezikusho kwagcwala umlomo ukuthi akusekho nolunci oselungathiya uMnuz Gedleyihlekisa Mhlanganyelwa Zuma ukuba aqhoqhobale isikhundia sokuhola iqembu li­kaKhongolose ngemuva kwengqungquthela ezoba seLimpompo ngoDisemba.
Lezi zimvo zabahlaziyi bezombusazwe zihambisana ncamashi nemiphumela yenhlolovo
eyethulelwe umhlaba wonke ngeledlule ngabakwaTNS Research Surveys, lapho kunekelwa umhlaba wonke ukuthi ubaba uJacob Zuma uqengqeleza yedwa ngokuba yintandokazi kuzo zonke izakhamizi zaseNingizimu ne-Afrika, futhi zikusho kugcwale umlomo ukuthi wonke amathemba azo ngoMengameli waleli zwe olandelayo useyophuma kwaNxamalala.

Kanti-ke lezi zazi kwezepoliti­ki ziphakamisa amaphuzu anothile ngokwenqubomgomo yeqembu likaKhongolose ukuthi yiyo kanye eyisakhiwo-ngqangi esivumela uMsholozi ukudla umhlanganiso wobuMengameli beqembu le-African Na­tional Congress.

Sezifanise le ngqungquthela ezayo kaKhongolose njengeyeminyaka yawo-1960 lapho kwabe kukhethwa ubuholi buka-Khongolose kulesi sifunda­zwe, futhi babebabili abaholi
ababaziwa njengabavelele kulenhlangano ababegaqele isikhundla sobuhooli.

"Kwakuhlanganelwe e-YMCA ku Beatrice Street lapho uKhongolose wavele waziphonsela phakathi kukaMahlath'amnyama uMnuz George Champion nobaba Inkosi Albert Mvumbi Luthuli.

"Kodwa-ke ngenxa yokwaziwa futhi nokusondelana nawo wo­nke amazinga abantu abampofu kuleli zwe, okaMadlanduna wawudla urnhlanganiso wokuhola uKhongolose, izimbangi zasala zikhexile" kubeka laba bahlaziyi.

Uphenyo olunzulu luyakuveza ukuthi okuyikona okwabhincisela nxanye uMnuz Champion kwabangukuvela kwezindaba zokuthi ngempela-mpela wabe esethenge 'ubuzemtiti', isibongo sakhe sangempela kwabe kunguMhlongo.

Ngokusho kombhali ovelele futhi osemayikayika yizindondo uma ehlaziya ngokuyikho izindaba zepolitiki, uMnuz Mervin William Gumede, akuse­kho nokuncane okunokuvimbela uMsholozi ekuholeni iqembu likaKhongolose.

"Sekusho zona kanye izakha­mizi zakuleli zwe ukuthi zidinga umholi omusha ozohola iqembu likaKhongolose. Zithi zifuna umholi ozophatha ngendlela entsha, ngezinjongo ezintsha futhi ozoqhamuka nenqubo yokuhola eyakhelwe ekubambisaneni ngokuvelele nezokuthatha izinqumo ngokubambisana nozakwabo ekubuseni.
UMnuz Jacob Zuma uyilolohlobo lomholi" kubhala uGumede {The Afri­can Report No' 8 Oct-Dec 2007}.
Kodwa-ke, okunguye ovele wakubeka kwacaca bha kube nguSolwazi Sipho Seepe ophawula ngokuthi kungukudukisa izakhamizi zakulelizwe uma sifundekelwa ngombango wesikhundla sobu-M e n g a meli k w i q e m b u likaKhongo­lose ngoba selokhu labuya ekudingisweni ngo-1990 bekungakaze kube nomdonsiswano noma umbango ngozothatha esobuMengameli beqembu.
"Usuqhamukaphi manje lo msindo uma sekufike isikhathi sikaMsholozi sokuqhoqhobala izintambo zokuhola iqembu li­kaKhongolose.
Angithi sonke sazibonela ngo-1991 isekela li-kababa Oliver Tambo lithatha ubuholi ngaphandle kokuphazanyiswa, futhi saphinde sazi­bonela abaholi abaphezulu bakaKhongolose beyicaba in-dlela eyabe ilungiselela uMongameli Thabo Mbeki ukuba angaphikiswa muntu ngo-1997.
Yiwo kanye lowo mlando wangaphakathi kwiqembu lika­Khongolose ongaseyukwazi ukushintsha nokuphazamisa uMsholozi ukuba alihole leli qembu akade ayewa evuka nalo" kwasho uSolwazi Seepe ethula inkulumo eyisimnywa se Democratic Professionals of South Africa eThekwini ngonyaka osewusethala.

Nkonzwenhle Mqadi (UMcwaningi noMhlaziyi wezepolitiki) EMLAZI