ANC abusing Parliament to defend its indefensible Al Bashir actions

The DA is appalled by how official Parliament communication is being abused in an attempt to mitigate the negative publicity generated by the latest court ruling against the ANC-led government’s failure to uphold the Rule of Law and arrest Al Bashir in 2015.
Following the unanimous ruling by the International Criminal Court (ICC) that South Africa had failed in its duty to arrest Omar Al Bashir in June 2015, the chairperson of the Portfolio Committee on International Relations took it upon himself to create the impression that Parliament supports the country’s withdrawal from the Rome Statute. It does not.
He states that “[i]f this ruling is insistent that South Africa ought to have arrested the president of Sudan, then that is justification enough for the South African government to leave the ICC as a matter of urgency.”
The Chairperson cannot purport to speak on behalf of his committee. It is a multi-party forum and such pronouncements can only be made once resolutions have actually been taken by the committee. The ICC court ruling has not been brought to Parliament and as such these statements are wholly false.
The government suffered an embarrassing defeat in March 2017 when the North Gauteng High Court found that Cabinet’s decision to withdraw from the Rome Statute was unconstitutional, irrational and procedurally flawed. The Court also found that government unlawfully bypassed Parliament who had ratified the treaty and passed it into law.
It is clear that the ANC has strayed completely from the human rights based foreign policy of Mandela. It is a party committed to the aiding and abetting of criminals, not one of justice and law.
This outrageous abuse of the Parliamentary Communication Services (PCS) is only the latest instance of how the politicisation and capture of the service is rendering it a mouthpiece of the ANC-led government and how Parliament is being undermined and misrepresented.
It is another illustration of why the appointment of Moloto Mothapo to head the PCS was a shameless attempt to capture Parliamentary communications and distort the work done by the Legislature.
With the ANC in terminal decline and battered by unending scandals, every attempt is being made to stem the tide of negative publicity. The ANC is now attempting to use Parliament to deflect and divert attention away from its rapid degeneration.

ICC Ruling an indictment on ANC Government

Today’s unanimous ruling by the International Criminal Court (ICC) that South Africa had the duty to arrest Omar Al Bashir in June 2015 and failed to adhere to the Rome Statute and the Court’s ruling by not arresting Al Bashir is an indictment on the ANC-led government.
This judgement reiterates what the DA has long held – that the actions of the ANC-led government in June 2015 showed a disregard for the Rule of Law and for the principle of justice.
The ICC ruled further in today’s judgement that:
• The South African government’s argument of “diplomatic immunity” of sitting heads of state was not valid;
• Al Bashir was NOT covered by diplomatic immunity in South Africa for the AU summit in June 2015;
• South Africa was not entitled to unilaterally not comply with the court’s decision to arrest and surrender him to the court; and
• South Africa had no right to dispense of its duties in terms of the Rome Statute.
This ruling upholds the ruling of our domestic courts on this matter and is thus to be welcomed whole-heartedly.
It is however of grave concern that the ANC remains committed to the stance of withdrawing from the ICC, having reiterated this sentiment at its policy conference.
The ANC seems intent on relegating South Africa to the status of a scumbag nation which protects the law-breakers and corruptors of this world.
Ironically, while South Africa tried to lead an African wide revolt against the ICC, only Burundi and Gambia followed in our footsteps, and even then, Gambia reversed their withdrawal earlier this year.
The DA will continue to do everything possible to ensure that our country remains a democracy where the Rule of Law is sovereign – the days of protection for those close to Zuma and the ANC, be they Al Bashir or the Gupta family, are numbered.
Today’s ruling is another nail in the ANC’s coffin and is another reason why people across South Africa are turning their support towards the DA in numbers.

DIRCO has failed dismally

Note to editors: The following speech was delivered in Parliament today by the DA’s Shadow Deputy Minister of International Relations and Co-operation, Sandy Kalyan MP, during the Budget Vote on International Relations and Co-operation.
The Department of International Relations and Co-operation (DIRCO) places economic growth and investment as a priority.
However, on reflection, we have strayed very far off that course.
DIRCO raves about its 125 missions worldwide. But, is it financially sound to have Embassies in countries where the trade and investment potential is poor?
There are Missions in 23 countries that are of little strategic importance to the countries’ interest and Foreign Policy. These represent 18.4% of missions abroad and closure could lead to savings of R2.2 billion.
What is the average age of South African diplomats?
It is well known that most Ambassadorial postings are given as a reward for service in the struggle, jobs for pals and of course, nepotism.
DIRCO supposedly has a Placement Policy in place. The recent run of embarrassing events at some of our Missions casts doubt on South Africa’s integrity. Let me give a few examples:

  • Take for example Ms Mohau Pheko. She who claimed to have a PhD. Only for it to be revealed that she lied;
  • What about Ms Francis Ngubeni? A convicted drug trafficker appointed to the position of High Commissioner in Singapore;
  • Then there is Mr Obed Mlaba, who openly used Government letterheads to source business for his daughter’s company; and last, but not least; and
  • Ambassador elects to Japan, Thulani Dlomo, who has a dubious background and has been accused of corruption.

These are the type of people the Department is deploying to represent our country.
I suppose it is fitting if you take into account who is running our country.
Given the history of our country, President Mandela stressed the absolute need for human rights to underpin both our Constitution and Foreign Policy.
Our track record at the UN is a poor reflection of our commitment to uphold human rights.
Some prime examples:

  • South Africa voted to deny the Committee to Protect Journalists observer status;
  • We initially abstained from the Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) vote. Why? Equality, regardless of a person’s sexual orientation, is enshrined in our Constitution. Yet we were initially swayed by the African block. While we eventually voted in favour, our flip-flop approach seemed highly questionable and unacceptable; and
  • We also recently voted against the UN decision on the promotion, protection and enjoyment of internet freedom.

What is going on, Minister?
South Africa is a member of the AU and the host country to the Pan-African Parliament (PAP). The Annexures to the host agreement and the relocation of the Parliament to more permanent quarters must be sorted out as a matter of urgency. Approximately R32 million is paid in rent to Gallagher Estate.
A Member of Parliament in this House is a major shareholder in Gallagher and one wonders whether the delay in moving to a permanent facility is in actual fact all about guaranteed income for one of the friends.
Also of concern is the apparent violation of the quota for employment of South Africans at PAP. During the last sitting, persons from Egypt were employed to do basic housekeeping tasks. Why?
South Africa has not ratified the Protocol to make PAP a legislative body. I’m happy that this is the case as there are some unintended consequences which may need Constitutional amendments. Mostly, I wonder why legal opinions are not sought before Protocols are signed, as was the case in your failed bid to withdraw from the International Criminal Court (ICC).
As a Member of PAP since 2009, I feel that our Parliament does not take it seriously. Reports and resolutions are not tabled and debated in this House. In the last sitting, I submitted a motion to amend the rules to include the Principle of Rotation of the Presidency. The motion was unanimously adopted.
While South Africa was not in favour of the motion to readmit Morocco to the AU, we have to be more vocal about their compliance of AU instruments and reiterate our support for the UN motion to allow Western Sahara independence.
As a country, we have a duty to look at the implications for diplomacy. DIRCO has been largely silent on BREXIT and the impact on SA-EU relations. Maybe that could be due to the Minister’s response on national television where she showed her complete lack of knowledge on her portfolio.
DIRCO has failed dismally and employed a bunch of criminals. Yet, today we offer voters an alternative. The values of equality, liberty, non-racialism, global and regional integration and a government for all citizens are very much alive within the DA and we urge every South African to vote for these values come 2019.

Human rights need to be the guiding principle of our international relations

Note to editors: The following speech was delivered in Parliament today by the DA’s Shadow Minister of International Relations and Co-operation, Stevens Mokgalapa MP, during the Budget Vote on International Relations and Co-operation.
Today, as we mark the 54th anniversary of the AU, we salute the founding fathers and visionary leaders of the African continent. Happy Africa Day.
Agenda 2063 contains the blueprint for a paradigm shift in Africa’s future that aims to create an environment of inclusive economic growth and sustainable development. It strives for an integrated continent with shared values, good governance, democracy, rule of law, justice and a peaceful and secure Africa.
We want to acknowledge and commend the hard work done by the New Partnership for Africa’s Development (NEPAD) and African Peer Review Mechanism (APRM) programmes that seek to facilitate Africa’s renewal and reshape its future. Unfortunately, the current crop of leaders are working hard to reverse the noble deeds of our forefathers and in the process, are tainting the legacy of our continent. Africa is still ravaged by civil wars, conflict, underdevelopment, unemployment, power-obsessed dictators, undemocratic regimes, human rights abuses and corruption.
The current global environment is volatile, as the rise of populist, nationalistic and extremist movements are posing a threat to global security and undermines international order, which brings fear and mistrust among people and states.
This trend has led to many states adopting a narrow nationalistic approach as opposed to globalisation to foreign policy. For example, the presidential election in the USA and BREXIT.
This trend is compounded by growing expectations and disappointments, as well as demographic shifts and migration.
All of this leads to a scramble for scarce resources due to jobless economic growth which contribute to unemployment and poverty. National interests become the focal centre of a state’s approach to foreign policy. States are pursuing a zero-sum game through a narrow nationalistic focus in trying to outsmart each other for the maximum benefit of attracting Foreign Direct Investment (FDI).
Globalisation and urbanization are a twin reality which must be managed by states, as non-state actors are intensifying their role and involvement in the foreign policy space.
Chairperson, allow me to address you on some of the Department’s programmes:
Programme 1: We are concerned about the ill-discipline of the staff and urge the Minister to take steps against the Chief Financial Officer (CFO) immediately.
Programme 2: International Relations addresses the core business of the Department with a budget of R3.6 billion. This programme still remains a source of concern with 126 missions abroad in 107 countries and 160 resident in South Africa. This is unsustainable and hurtful to the fiscus under the current economic conditions.
It is prudent under these circumstances to follow the National Development Plan (NDP) and National Treasury’s advice to consider rationalization of our missions and to cut expenditure on foreign infrastructure projects.
It is also important to consider the reduction of maintenance costs on foreign leased properties, as over 1000 properties are leased at a cost of R575 million.
Economic diplomacy is still lagging behind the number of high level visits and bilateral commissions still yield little in terms of value for money. We need quality outcomes, not quantity in number of visits. This requires a concerted effort in skilling and equipping our diplomats as economic diplomats to market and sell our country abroad.
Our current crop of diplomatic cadets are a shame as they serve personal interests rather than public interests.
Some are criminals, others are dishonest by faking their academic credentials.
We need more vigorous vetting processes to ensure that these cadets are beyond reproach and are people of integrity, ready to serve with pride, dedication and patriotism.
This is the reason why the DA supports the finalization of the Foreign Service Bill to professionalise and regulate our foreign service and eliminate the dumping ground syndrome.
Programme 3: This provides an opportunity for South Africa to play a meaningful role and take leadership in global politics by influencing the multilateral agenda through its constitutional values.
However, South Africa is failing dismally in multilateral forums when it comes to promoting our constitutional values and principles and championing human rights. This is evident from our failed withdrawal from the International Criminal Court (ICC) and our relationship with dictators like Mugabe, al-Bashir, Nkurunziza and Kabila.
We cannot afford to be quiet when opposition leaders are persecuted and on fabricated charges as is the case in Zambia with Hakainde Hichilema. That is why DA leader, Mmusi Maimane, will attend the treason trial of Mr Hichilema in Zambia tomorrow to offer him our full support.
We must also use our chairmanship of the Southern African Development Community (SADC) to address this serious issue. In a seemingly democratic country like Zambia, the intimidation and suppression of opposition parties should be strongly condemned.
Programme 4: On public diplomacy, we are happy to see an increase in the allocation to this programme. We would like to see this programme provide early warning systems on major international events and we suggest organising a national dialogue on South African foreign policy and national interests to ensure participatory diplomacy of non-state actors and civil society in foreign policy matters.
Programme 5: We need to evaluate our participation and commitment to international membership. We also need to ensure that we respect and uphold our constitutional values in the global arena.
The DA is concerned about the recurring and serial adverse audit opinions. For three consecutive years, the Department has received a qualified opinion. This raises serious concerns in the Department and we hope that these issues will be addressed urgently.
We have abandoned our moral high ground to stoop low to a slippery slope. If South Africa is to realise its vision of a better South Africa in a better Africa and a better world, we must shape up and be counted or ship out and lose all credibility in the global arena.
We must be vocal and speak out against wrongdoings and also be bold to challenge our allies when they do wrong. The days of failed quiet diplomacy are over. We need to redeem ourselves by ensuring that our voting patterns in the multilateral forums are consistent with our values.
In conclusion, Chairperson, the DA foreign policy is centred on three key pillars of constitutionalism, human rights and economic diplomacy. Under the DA government, we will not roll out a red carpet to dictators and mass murderers. We will respect international law and institutions, we will speak out against wrongdoings, we will ensure our diplomats are well trained in economic diplomacy and are assessed on what value they add to FDI.
Human rights will be the guiding principle in our international relations as we aim to promote intra Africa trade and prioritise regional integration and trade. In 2019, South Africans can choose more racial nationalism, populism and division on the basis of race, or we can choose progress towards an open opportunity society for all. Our country’s national interest consensus will be defined clearly and pursued in all our international relations for the benefit of the people and not only the connected elite.
I thank you.

DA welcomes withdrawal of the Rome Statute Repeal Bill

The Democratic Alliance (DA) welcomes the decision today by Cabinet to withdraw the Implementation of the Rome Statute of the International Criminal Court Bill [B 23 – 2016].
The DA believes that in light of the recent High Court decision, and now the decision of Cabinet to withdraw this Bill, that we should all take the opportunity to step back and properly assess the situation.
It may well be that the International Criminal Court (ICC) requires reform and South Africa should actively engage in discussions around such reform.
However this does not mean that South Africa should join the polecats of world in abandoning our commitment to human rights by leaving the ICC entirely.
In recent years, numerous decisions by our ANC-led national government have made clear and dangerous departures from the human-rights based foreign policy which was promoted by Nelson Mandela and which aligns with our Constitutional democracy.
The original decision was made by the ANC in haste and we are glad that sanity has now prevailed.

ANC has failed to uphold human rights

Note to editors: The following speech was delivered in Parliament today by the DA’s Shadow Minister of International Relations and Co-operation, Stevens Mokgalapa MP, during the debate on Xenophobia.
Thank you Madam Speaker,
The Democratic Alliance condemns any act of xenophobia, along with any form of discrimination.
We support South Africa’s role as a continental leader and stakeholder, and believe that legal immigration can contribute to economic growth, skills development and job creation.
We also believe that the problem of foreign nationals residing in South Africa illegally should be addressed, but in a manner that respects the fundamental human rights and dignity of those immigrants.
The African Union’s Agenda 2063 envisions a prosperous Africa with inclusive economic growth and sustainable development. It envisions an integrated continent, a continent that is politically united. It envisions an Africa of good governance, democracy, respect for human rights, justice and the rule of law.
Madam Speaker, our Constitution shares these values and principles. It is stated in the preamble to the Constitution that South Africa belongs to all who live in it. This is an important feature of our Constitution, rightly enshrined in the Bill of Rights.
However, the significant question we have to ask ourselves is this: does the actions of today’s government show that they believe that South Africa truly belongs to all who live in it?
The recent increase of violence against foreign nationals implores us to reflect on this question, and I am afraid that the answer to this question is a resounding NO.
Recent events have clearly shown that South Africa’s foreign relations policy falls short of achieving Afro-optimism and Pan-Africanism.
Our government remains reactive, rather than proactive, in addressing the underlying causes of the growing hostility towards foreigners.
One of the key issues in the hostility towards foreigners is that the ANC government is failing horribly in their mandate to provide jobs for 8.9 million unemployed South Africans and particularly for the lost generation, the millions of young people who have been abandoned by the ANC government.
Madam Speaker, inefficient practices at the Department of Home Affairs is compounding the problem of illegal immigration, as many foreigners wishing to enter the country legally are faced with almost insurmountable bureaucracy.
In many ways, Home Affairs creates illegal immigrants through their own inefficiency. It is also a fact that our borders are too porous, and the government believes that the establishment of a Border Management Authority will solve this problem.
This is yet another example of the ANC trying to legislate their way out of a problem, rather than fixing the existing mechanisms. Not only is the current proposal unconstitutional, it is highly impractical and will only lead to a waste of state funds.
Xenophobia is irrational and immoral and should be rejected by each and every South African. Mutual co-existence and individual legal freedom of movement should be protected as enshrined in our Constitution.
It is worrying that we have a President that only last week said, and I quote, that “we appeal to our people not to allow the actions of a few criminals to turn them against their brothers and sisters who are here legally.”
The President should know that his words carry weight, and that his statement could easily be interpreted as a tactic go –ahead for violent attacks against foreigners who are here illegally. This simply cannot stand.
Madam Speaker, it is becoming increasingly clear that there is a massive gap between what the ANC states their foreign policy should be, and what it actually is. For example, by ignoring a high court order to arrest Sudanese President, Omar al-Bashir, and by unconstitutionally withdrawing from the International Criminal Court (ICC), the ANC government has not supported a human rights based foreign policy.
It is now becoming clear that the ANC also does not respect the promotion of human rights nationally.
As the DA, we implore all South Africans to do what the government has failed to do, and that is show a sense of solidarity to and respect for the dignity of our fellow African brothers and sisters. Xenophobic violence is never acceptable.