Notes from underground

يارب يسوع المسيح ابن اللّه الحيّ إرحمني أنا الخاطئ

Archive for the category “law”

The Great (and dirty) City of Tshwane

This morning as we were driving to church we saw a bakkie dumping rubbish at the side of the R104 near the entrance to Saulsville. If we hadn’t been late we might have slowed down and taken a photo of it, but it is becoming all too common.

On the way home I did take several photos.

R104, entrance to Atteridgeville West.

All over the city there is rubbish dumped like this. Not just in Atteridgeville, but near the Botanic Gardens in the east, and in various other places, and it has been getting worse and worse. The place in Atteridgeville is noticeable because we drive past it once a fortnight, and see each time how more and more of the verges are covered with rubbish. Littering has become part of our lifestyle.

Political parties love to blame other parties for maladministration, but it was bad when the ANC confrolled the city council, and it is worse now that the DA controls the city council. It doesn’t matter who you vote for, the municipal administration will remain just as putrid as the rubbish littering the streets.

Thirty years ago I visited Singapore, which was then reputed to be the cleanest city in the world. And the reason was not far to seek — as you walked down the street, you would see lots of signs informing you that the fine for littering was $750. And that law was strictly enforced.

The City of Tshwane could deal with this in similar fashion.

Increase the fine for littering to R5000 or so, put up signs, and employ the Metro Police see that the law is enforced.

As one sports shoe manufacturer likes to tell us, Just do it.

 

Land expropriation without compensation

Oh the irony!

President Cyril Ramaphosa is handing out title deeds to land which he wants to empower the government to expropriate without compensation. Ramaphosa hands out title deeds in Tembisa during Thuma Mina campaign – The Citizen:

He said through handing over title deeds, the government was giving people their dignity back, giving them a store of wealth and empowering them economically.

“A house is the most important asset that one can own,” Ramaphosa said.

He urged title deed holders to treat their certificates as valuable assets, adding that title deeds would be handed out throughout the country.

How can he do this with a straight face — tell people that these certificates are “valuable assets”, when his own government is planning to remove all value from them? The government giving with one hand while it takes with the other.

President Cyril Ramaphosa handing out title deeds (The Citizen)

President Ramaphosa chaired the commission which drew up the Constitution, including the restrictions on expropriating land without compensation. He, of all people, ought to have known what that clause was there for — because previous governments of the National Party had expropriated land without compensation, or with derisory compensation, to be able to move people around in its ethnic cleansing programme.

When Nelson Mandela was inaugurated as South Africa’s first democratically-elected president he said “Never again”, but it seems that those who have followed him thought he meant again and again. And removing that clause in the constitution will open the way to all kinds of abuses — abuses that we thought we would never have to suffer again.

The relevant section of the Bill of Rights reads:

2. Property may be expropriated only in terms of law of general application ­

a. for a public purpose or in the public interest; and

b. subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.

I believe a great deal of thought was given to that, and I was aware of many instances of abuse under the previous National Party government that had led to that clause being inserted into the Bill of Rights.

Among those abuses were the removal of people from Khumaloville to Hobsland. There was a black farming community at Khumaloville, where people had title to the land, and had two acre plots. The National Party government expropriated the land and offered the people half-acre plots at Hobsland in exchange. They were offered compensation of R42 for their two acres, and were given the opportunity of buying a further half acre at Hobsland for R55. At Hobsland they would also be subject to restrictions on their farming activities.

That was in the 1960s, under the programme of “Blackspot Removals”, and such things occurred all over the country.

Another instance, not concerned specifically with compensation, but rather with the abuses of expropriation, happened in the 1970s, not, this time, in the name of Blackspot Removals, but rather in the name of “Homeland Consolidation”.

A number of sugar farms between Eshowe and Empangeni in Zululand were expropriated from white farmers to be added to the KwaZulu “homeland”. One of the farmers, Guy Chennells, proposed that he stay on his farm for a couple of years, and share his skills and experience with the incoming black farmers, to enable them to make a go of running the farm. This was rejected by the National Party government, and a few years later the reason for the rejection became apparent — there were no black farmers. The farm, now owned by the government, was occupied and profitably farmed by a National Party functionary at a purely nominal rental, who was in no hurry to move out and thus consolidate the “Homeland”.

We are familiar with such corruption in our own day, as we see similar activities in state-owned enterprises such as Eskom. But they were less well known in the old days, not because they didn’t happen, but because back then we didn’t have a free press that could report them. If journalists knew of such things they were too scared to report them, and in the case of the few bolder exceptions, their stories were often spiked, because the shareholders in the newspaper firms were afraid.

Cyril Ramaphosa gives assurances that “land expropriation without compensation” will take place in an orderly and responsible manner, and of course when he is handing out title deeds to people he isn’t planning to immediately take them away again. But what he is planning to do is to remove the protection that would prevent anyone else from taking them away, as Julius Malema of the EFF is already promising (or threatening) to do if his party comes to power.

So Cyril Ramaphosa reminds me of B.J. Vorster who, whenever he proposed legislation that would grant him and his police extraordinary powers, would always reassure the public that these powers would not be abused and would be used responsibly, and that “the innocent had nothing to fear.” And in a way Cyril Ramaphosa is doing the same thing, saying, in effect, “don’t trust the constitution, trust me.”. .

And I’m reminded of this every Sunday in church when we sing

Put not your trust in princes, in sons of men,
in whom there is no salvation.
when his breath departs he returns to his earth;
on that very day his plans perish

 

Land: expropriation without compensation

Parliament has just voted to re-examine the clause in the constitution that prohibits arbitrary deprivation of property.

This was introduced by President Cyril Ramaphosa, who was also the one who oversaw the drafting of the constitution in the first place, so he should know what he’s doing.

I have certain misgivings about this, because the arbitrary deprivation of property that that clause in the constitution prohibits was one of the features of the National Party government from 1948 to 1994, and that is the kind of behaviour that that clause of the constitution is explicitly designed to prohibit.

In the ethnic cleansing that took place under the apartheid policy of the National Party government, thousands of people were arbitrarily deprived of property with little or no compensation. Part of the intention of this clause in the constitution has also been to allow the government to make restitution for those who were arbitrarily deprived of property in the past, and that process has been slow and cumbersome and badly managed. Changing the constitution on this point, we are told, bill improve this process. But will it?

Back in the 1960s I was a member of the Liberal Party, which was hated by the National Party because of this very issue. The NP regime expropriated land owned by people who belonged to the “wrong” ethnic group for a particular area, and wanted to do so with little or no compensation. The Liberal Party opposed this policy and helped many people who were so deprived to take cases to court to obtain better compensation. This, of course, made the ethnic cleansing exercise more expensive, and thus slowed it down.

One example was Khumalosville in Natal, where black people lived on two-acre plots where they kept a few cattle. Khumalosville was declared a “white” area, so the people who lived there were forced to move to Hobsland. They were offered R42.00 in compensation for their two acres in Khumalosville, and were given a “free” half-acre plot in Hobsland, with the option of buying an additional half acre for R110.00. But even if they did pay the extra to have half the land they had previously owned, the smaller plots would not support the same number of animals.

Twenty-two years after the present constitution came into force, have the people of Hobland had restitution of their land in Khumalosville? I have no idea, and many of them are probably dead by now, and their descendants have probably moved away, and no longer have the animals nor the desire to keep them. Expropriation without compensation will not help them, but it will facilitate the kind of abuse that they suffered under the National Party regime.

Of course the ANC will not do this, and we must trust them not to do that kind of thing even when they want to give themselves the power to do so. But nine years under the Zuptas have shown that no government can be trusted. Put not your trust in princes nor in any child of man, for there is no help in them.

 

 

Same-sex marriage: one cheer for Bermuda

There have been reports that Bermuda has rescinded a law on same-sex marriage that it passed a year ago, and replaced it with one on domestic partnerships.

Bermuda legalized same-sex marriage a year ago. This week it abolished it. – The Washington Post:

In an unusual move, Bermuda has abolished same-sex marriage less than a year after it was legalized, replacing the same-sex unions with domestic partnerships.

Bermuda Gov. John Rankin signed a bill into law Wednesday that reverses an earlier Supreme Court ruling on same-sex marriage. The new law gives domestic partners in the British island territory similar rights as married couples — but without the legal title.

The reports are short on details, but from what I have read it seems to me to be a step in the right direction, and one step towards something that I proposed in a blog post 12 years ago: The State should get out of the marriage business | Notes from underground. I’d be glad to see if some countries went the whole hog, and left marriage to civil society, rather than making it a government prerogative.

Church and State and religious freedom

A couple of news items that appeared recently have important implications for religious freedom.

Man hauls 6 schools to court over religious teachings in state school | News24:

A Stellenbosch man is taking six schools to court over how far the institutions can go with teaching religion at state schools.

”It has been nine years that I have been on this case,” said small business owner Hans Pietersen on Friday, of a battle rooted in a ”Jesus Week” activity at his triplets’ school when they were still little.

”They wanted everybody to wear armbands for Jesus which immediately exposes everybody who is not part of those efforts,” explained Pietersen.

In contrast with that, I recall that when our daughter was at a church school Grades 1 and 2 were to put on a nativity play. There’s nothing unusual or controversial about that in a church school, but one of the teachers was careful to ask a Muslim pupil if her parents would mind if she took part. “I’ll tell them that they can be thankful I’m not the pig,” she said, and when the play was eventually performed, she played the part of a cow. But she was asked, and was not pressured into participating, unlike the children in the state school who were expected to wear armbands.

A more serious news item, however, is this one New laws to tackle commericalisation of religion in SA: report:

Government plans to introduce legislation to regulate faith-based organisations in South Africa, in an effort to cut down on religious leaders who are making millions of rands through legal loopholes.

According to a report by the Cape Argus, the new legislation will be heard in parliament in June 2017 following an analysis of the public complaints and interviews by the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission).

“We are not disputing that there are still some good religious leaders out there, but as a country we are also faced with a challenge of people who run churches like family businesses and no one questions them on how the church’s money is spent,” said Commission chairperson Thoko Mkhwanazi- Xaluva.

“We also have those who abuse their power and make congregants do all sort of things like drinking petrol and eating snakes. We can’t have things like that happening but they will continue if the industry remains unregulated.”

The word “industry” used in this connection is interesting. How does the government propose to deal with this?

One way to do it might be to follow the example of Botswana, where religious organisations are registered by the government, and the government has sometimes forced them to change their names. The Apostolic Spiritual Healing Church, for example, was forced to drop “Apostolic” from its name, because, the government said, there were already too many churches with “Apostolic” in their names, and so it was forced to become the “Spiritual Healing Church”, even though it was known as the Apostolic Spiritual Healing Church in Namibia and South Africa.

For many denominations, however, there is nothing they would like more than to register with the government, because this gives them a recognition they otherwise feel they lack.

This is marvellous for church historians trying to disentangle the skeins of South African denominational history. No sooner have two or three gathered in the name of Jesus than one (or more) of them are writing off to Pretoria to be recognised and registered. And for decades civil servants in Pretoria would write back saying that the religions of citizens were no concern of the government and there was no need to register. And the recipients of these letters would promptly put the file number of this correspondence on their letterheads, to show that they were recognised.

The civil servants were being rather disingenuous, of course, because black ministers needed special permits to buy wine for communion before 1962, and they also needed recognition for concession fares on trains. So there was a complex game being played.

In the 1960s, however, the government realised that it could up the stakes in the game by conning the churches into supporting apartheid.

They changed their policy and started officially registering black churches (or saying that they were), provided that the churches concerned had a clause in their constitutions to say that their churches were only for “Bantu” and only “Bantu” could be member or leaders of the church. That conned a lot of church leaders into signing a statement that explicitly stated that their churches supported apartheid.

So the history of government regulation of churches shows that it is not an unmixed blessing, and can have serious implications for religious freedom.

If some churches are doing weird stuff like encouraging people to drink petrol or rat poison, or collecting money in dubious circumstances, then perhaps it might be best to see whether they can be prosecuted under existing laws. After all, the Nationalist government did not have to pass a special law to prosecute John Rees, the General Secretary of the South African Council of Churches, for fraud.

New traffic laws?

I saw a link to this article on Facebook, which seems to me to have some ominous implications Read: From 11 May SA will have new speed-limits and other driving regulations:

From 11 May SA will have new speed-limits and other driving regulations: Every festive season we hear about numerous deaths from road accidents, sadly the end of last year was no different. The minister of transport Dipuo Peters, has been actively working on new regulations and plans that can get the accident rate down. Not just over the festive period but for the entirety of the year.

This seems to hark back to the days of John Vorster, who used to try to solve all problems by legislation to make things illegal that were already illegal, and so enhance his public image of kragdadigheid — if there is a problem, pass a new law so you can be seen to be “doing something”.

Donald Trump seems to be doing the same thing in the USA — giving executive orders with little thought given to the practical implementation or their effects.

So are these changes necessary, and what are the likely effects?

  • When renewing your license [sic] drivers will now have to undergo a practical re-evaluation.
  • K53 is going to be completely reviewed and revamped (finally)
  • A variety of speed limit changes: Speed limits to be reduced from 60km/h to 40km/h in urban areas, from 100km/h to 80km/h in rural areas, and from 120km/h to 100km/h on freeways running through a residential area
  • Large goods vehicles above 9000kg GVM to be banned from public roads during peak hour traveling [sic] times.

I think this might be just as much subject to the law of unforeseen consequences as the travel ban on children without full birth certificates.

Take the first one — a practical re-evaluation for drivers.

Who will do it? Do they have qualified staff who are competent to re-evaluate drivers when they have difficulty in coping with applicants for new licences? And will they be any less susceptible to demanding bribes than the existing staff?

Part of the problem is the number of unlicensed drivers on the roads, because many have got their licences through bribery. The way to deal with that is surely to implement the existing laws properly. I foresee a huge increase in the number of unlicensed drivers on the roads, because the process for renewing licences will have become so cumbersome as to be unworkable. It will not weed out the incompetent, but will penalise the competent.

n1ct

It would be far better to improve the enforcement of existing laws, many of which seem to be increasingly disregarded. It used to be quite rare to see vehicles driving through red robots, but now I see it once a week or more frequently (and I don’t go out much). I’m not referring to occasions when the light has just changed and the driver did not have time to stop, but when it has been red for ten seconds or longer, and someone has just sailed through. There are also practices like going straight from turning lanes that are dangerous as well.

Passing legislation is relatively easy. But the difficult part is the implementation. And trying to apply the changes described here will probably lead to more mess and muddle, and not reduce the road accident rate at all.

 

Trial by media trumps truth and justice

The warmongering mendacity of the Western “mainstream” media just became a whole lot more obvious. They lied about the Iraq War, and several other wars, but at least they did report on the Chilcot report, which exposed many of their lies as just that.

But they are still covering up the lies they told about the Wars of the Yugoslav Succession, which they assiduously promoted. They lied about Slobodan Milosevic, the former President of Serbia, calling him “The Butcher of the Balkans”, a “mass murderer” and saying he was responsible for the deaths of 250 000 people. They brainwashed a lot of people, especially in the West, into believing these lies, which is presumably why none of them have said a word about this — ICTY Exonerates Slobodan Milosevic for War Crimes | InSerbia News:

The International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague has determined that the late Serbian president Slobodan Milosevic was not responsible for war crimes committed during the 1992-95 Bosnian war.

In a stunning ruling, the trial chamber that convicted former Bosnian-Serb president Radovan Karadzic of war crimes and sentenced him to 40 years in prison, unanimously concluded that Slobodan Milosevic was not part of a “joint criminal enterprise” to victimize Muslims and Croats during the Bosnian war.

Why should we worry about this?

Slobodan Milosevic

Slobodan Milosevic

Slobodan Milosevic died more than 10 years ago, the Wars of the Yugoslav Succession ended nearly 15 years ago — why not let the past stay in the past? What purpose can be served by dragging all this stuff out of the past?

It is almost a cliche to say that those who do not study the past are doomed to repeat it, but what the Western media did to Slobodan Milosevic 15-20 years ago helped to promote a regional war, and what they did to Milosevic back then they are now doing to Vladimir Putin, where the stakes are higher. It is not just a regional war they are trying to promote, but global thermonuclear war.

Here is one example of an obituary in the Western “mainstream” media — Slobodan Milosevic, 64, Former Yugoslav Leader Accused of War Crimes, Dies – The New York Times:

As he rose and then clung to power by resurrecting old nationalist grudges and inciting dreams of a Greater Serbia, Mr. Milosevic became the prime engineer of wars that pitted his fellow Serbs against the Slovenes, the Croats, the Bosnians, the Albanians of Kosovo and ultimately the combined forces of the entire NATO alliance.

By stirring a dormant but incendiary nationalism, he succeeded in rallying support for himself in the late 1980’s, at a time when Communism in the rest of Eastern Europe was in its death throes.

At the time of Milosevic’s death most of the obituaries accused Milosevic of “engineering” or “orchestrating” these wars. I wrote more on this at the time of his death here Will the real “Butcher of the Balkans” please stand up? – Methodius Hayes’s journal. The stories treated these accusations not as allegations, but as established facts, though the International Criminal Tribunal for the Former Yugoslavia has now shown that most of these accusations were groundless.

As for the “orchestrating”, a contemporary American policy analyst, Samuel Huntington, describes the orchestration as follows (in his book The Clash of Civilizations):

The breakup of Yugoslavia began in 1991 when Slovenia and Croatia moved toward independence and pleaded with Western European powers for support. The response of the West was defined by Germany, and the response of Germany was in large part defined by the Catholic connection. The Bonn government came under pressure to act from the German Catholic hierarchy, its coalition partner the Christian Social Union Party in Bavaria, and the Frankfurter Allgemeine Zeitung and other media. The Bavarian media, in particular, played a crucial role in developing German public sentiment for recognition. ‘Bavarian TV’, Flora Lewis noted, ‘much weighed upon by the very conservative Bavarian government and the strong, assertive Bavarian Catholic Church which had close connections with the church in Croatia, provided the television reports for all of Germany when the war began in earnest. The coverage was very one-sided’…

Germany pressured the European Union to recognize the independence of Slovenia and Croatia, and then, having secured that, pushed forward on its own to recognize them before the Union did in December 1991.

And the first violent act in the Wars of the Yugoslav Succession was the seizure of customs posts along the Austrian border by Slovenian nationalists — did Milosevic really “engineer” that? One of the better obituaries of Milosevic in the Western media is to be found here — Scapegoat, R.I.P.:

Slobodan Milosevic’s obituaries are damning. In death, as in the last years of his life, the former Serbian president is being blamed for all of the death and destruction that accompanied the breakup of the Yugoslav Federation in the early 1990s. He has been described as the “Butcher of the Balkans.” He is accused of masterminding four wars, of committing genocide and ethnic cleansing. These charges have been repeated so many times that they have become part of received wisdom. Yet the facts tell a different story.

And among the facts that the author, James Bisset, adduces are:

But it was not the Serbians and “Slobo” who started the wars in Yugoslavia. The fighting started because Slovenia, then a Yugoslav republic, declared unilateral independence and used force to seize customs posts along the Austrian border.

The federal prime minister of Yugoslavia, Ante Markovic, who happened to be a Croatian, ordered the army into Slovenia to restore order. The army was met by armed resistance and retired to barracks in Croatia to avoid further bloodshed. The Croatian security and paramilitary forces then surrounded the federal barracks and fighting broke out in Croatia. At this time, Milosevic, as president of Serbia, had no control over the federal army. (Incidentally, the federal minister of defence at the time was also a Croatian, as was the foreign minister.)

Later, when the army lost all of its non-Serbian soldiers, it did become a Serb-dominated force. But when the federal government collapsed, it was none other than Milosevic who ordered all Serbian soldiers out of Bosnia.

Bisset goes on to point out that Milosevic was not a very nice man. He was an unreconstructed communist leader, but so were Tudjman and Izetbegovic, who were backed by the West. But he was not a war criminal, the accusation used by the leaders of Nato at the time as a casus belli.

The Western media are not just spinning, they are spinning out of control, and I urge anyone with any concern for truth and justice to tweet and retweet and share this until the Western media acknowledge that they lied, and start publishing the truth for a change.

Is Violence the Only Thing Power Understands?

An incident of police brutality in Baltimore, USA, sparked off rioting, leading to a media feeding frenzy, and pundits asking “Why?” And amid all this, the proximate cause of the unrest seems to have been lost, even by Counterpunch The Cry of the Dispossessed in Baltimore — CounterPunch:

The reason the dispossessed turn to violence is because violence is the only thing power understands.

Baltimore is burning, embroiled in riots and protest against the city’s horrifically racist and oppressive police. That it took the death of Freddy Gray, a young man whose spine was severed in police custody, to spark the violence is perhaps less important than the fact that the explosion was inevitable.

A similar incident in Ferguson a few months ago was followed by a decision of the justice system not to prosecute the police officers involved. The message this sends to the general public is that the police can beat up people with impunity.

Not in Baltimore, they can’t.

BaltCopsSo when the police beat up people so that they die in custody, in Baltimore, the police are punished. After what happened in Ferguson (and elsewhere), did police in Baltimore really think that there would not be a resolute reaction?

Of course this leads to all kinds of moralising about how people shouldn’t “take the law into their own hands”, but if the guardians of the law are lawless, what else can people do? In whose hands should the law be?

I recall an incident more than 30 years ago, when I met with a group of Anglican Church leaders in a chapel in a garage in Johannesburg. They met regularly for Anglican Evening Prayer, which usually includes reading from the Psalms, but this time they wanted to omit the reading of the psalm because they wanted to spend more time praying for Phakamile Mabija, an Anglican Church youth worker who had died in police custody, by defenestration, if I recall correctly, which was quite common in those days.

But it was a mistake to omit the psalm, which for that day was Psalm 93/94, and spoke to the situation quite clearly:

You never consent to that unjust tribunal
that imposes disorder as law
that takes the life of the virtuous
and condemns the innocent to death
(Ps 94 20-21)

Steve Biko had just suffered a similar fate to Phakamile Mabija, so it was not “an isolated incident” as the forces that imposed disorder as law tried to maintain.

Things are not much better in South Africa now, as the massacre at Marikana a couple of years ago clearly shows. There is much talk in South Africa about “transformation”, but the incidence of police brutality shows that there has been little transformation where it really matters.

It is surprising then, to see that Counterpunch, which often focues on aspects of issues that have been neglected by the mainsteam media, seems to be following the mainstream media in saying “That it took the death of Freddy Gray, a young man whose spine was severed in police custody, to spark the violence is perhaps less important than the fact that the explosion was inevitable.”

There seems to be a similar tendency in South Africa in relation to recent xenophoic violence, as I have noted here, and my friend John Aitchison put it in a nutshell when he said “We have to distinguish between factors that give xenophobia momentum – poverty, unemployment, inequality – and the actual precipitating mental/emotional constructs that are the tinder that is set alight and then enflames the said poverty, unemployment, inequality, etc. . start it going.”.

The tinder that set alight the rioting in Baltimore was police brutality, yet most of the articles in the media seem to be evading that. The media and Twitterati seem to go on and on about finding the causes of such violence in “black culture”, but don’t seem to see the problem that is right under the noses — they should be looking for the problem in police culture. And we should be looking for the causes of the problem in police culture in South Africa too.

And, in the USA at least, it seems that there is at least as big a problem in “white culture”, which often seems to be ignored by the media, as seen here: 11 Stunning Images Highlight the Double Standard of Reactions to Riots Like Baltimore:

The city of Baltimore has been besieged by riots Monday night — and police are on the scene ready to serve, protect and subdue.

This has become an evergreen narrative in the aftermath of reactions to state-sanctioned violence against black people. But that it persists sends a troubling message about how officials and, by extension, many of the people they serve regard rioting: specifically, when there’s white people involved versus mostly black people.

 

 

 

Racism in Pietersburg

Thirty years ago I was visiting a then-disadvantaged (now previously-disadvantaged) university, the University of the North at Sovenga, near Pietersburg (now Polokwane).

It was one of the “tribal colleges” founded in pursuance of the Extension of University Education Act No 45 of 1959. This act made “it a criminal offence for a non-white student to register at a hitherto open university without the written consent of the Minister of Internal Affairs” (Lapping 1986: 184).

It also “provided for the establishment of a series of new ethnically-based institutions for Blacks, together with separate universities for Coloureds and Indians”.

The University of the North was one of those creations of apartheid, but in conversation with a couple of lecturers I learnt how it bit back at its creators.

Extract from my diary for 13 May 1984

After lunch I had a long chat with one of the churchwardens and another bloke who were lecturers at the university. One of them told me that the presence of the university had made a big difference to the attitude of the whites in Pietersburg. The whites had always insisted that a black man get off the pavement when a white man came along, and if blacks did not move into the gutter, the whites would elbow them off.

That all changed when the university started. One group of students, who were karate experts, went to town and walked down the street, and when some whites tried to elbow them off, they remonstrated with them, and were attacked for their pains, but were able to give as good as they got, and were charged with assault. They were defended by a lecturer in the law faculty, who asked the magistrate if, when there was a fight between whites and blacks in Pietersburg, it was more likely that the whites would have attacked the blacks or vice versa, and the magistrate decided the whites were more likely to have started it, and let the blacks off.

I had thought of including this as one of my Tales from Dystopia on my other blog, but decided it was too much of a second-hand story, and not something that related to my personal experience. But I still think it is worth telling.

 

Bathed in the coloured vomit

Last night I travelled along this stretch of road, perhaps for the last time — the N1 highway going north. I’ve travelled along it quite frequently, taking our son Simon home from work, with his bicycle. He cycles to work in the day, but at night we try to fetch him, because it’s harder for motorists to see cyclists in the dark.

N1 highway with e-toll gantry

N1 highway with e-toll gantry

It’s just on at one intersection at Atterbury Road, and off at the next, the N4 interchange, but in between is one of those toll gantries with its ominous blue lights. And today the toll gantries started operating, or so they said, so I probably won’t be going down that stretch of road again in my lifetime.

Toll roads were introduced in South Africa in the 1970s. Up till then roads had been paid for by the roads fund, which was financed by a fuel levy. It was a good system, and worked on the “user pays” principle — the more you used the roads, the more fuel you would use, and the more you would pay. Heavy vehicles, which caused more wear to the roads, also used more fuel, and so paid more.

But the National Party government wanted to finance the invasion of Angola in 1975, and so it diverted money from the Road Fund for that, and introduced toll roads. When the ANC government came in in 1994, we hoped that the privatisation of infrastructure like public roads would stop, and perhaps be reversed, but the ANC government seems even more eager to expand the toll road system.

But the decision to introduce tolls on the busy urban freeway system of Gauteng has sparked unprecedented resistance. Zwelinzima Vavi, the trade union leader, said yesterday on Twitter ‘let’s unite & teach SANRAL & Govt the real meaning of “The People Shall Govern”‘ He was the leader of Cosatu, the biggest trade union federation in South Africa, and was recently suspended, many suspect because of his opposition to toll roads.

Many other influential people have said they will not register or pay etolls, including a number of church leaders:

Church leaders vowed on Monday to refuse to pay to use Gauteng freeways and called on others to do the same.

“We… church leaders, have therefore decided to publicly declare our intention to refuse to buy e-tags and to refuse to pay this unjust e-toll,” they said in a statement.

“… We call on all other church leaders, members of our churches and all South Africans who support democracy to do the same.”

The leaders, including SA Council of Churches president Bishop Jo Seoka, the Central Methodist Mission’s Bishop Paul Verryn, and Methodist Church of Southern Africa presiding Bishop Zipho Siwa, said the decision had not been easy.

However, it had to be made as the government was not listening to the people.

They said they were shocked and disappointed to hear the government ignore the people’s protests and push ahead with e-tolls.

And I don’t think this will be the end of it, it’s only the beginning.

To paraphrase a poem by John Betjeman:

When all our roads are lighted
By glowing monsters sited
Like gallows overhead
Bathed in the coloured vomit
Each monster belches from it
We’ll know that we are dead.

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