‘ANC has tied itself in so many knots that it can no longer untie itself’

If you don’t understand what the meaning of a (self-inflicted) conundrum is, just look at the ANC. It is the definition of a conundrum.

The ruling party has tied itself in so many knots that it can no longer untie itself.

All this because of expediency and, in some cases, because of arrogance, incompetence, the abuse of its parliamentary majority and because it chose to undermine the people of this country.

In fact, the ANC doesn’t understand it is governing the people of this country, the majority of who are not its members.

International Criminal Court

For starters, I have a problem with the manner in which the International Criminal Court (ICC) conducts itself with respect to the application of its own rules – and so does the ANC.

But the ANC-led government is a signatory to the Rome Statute from which the ICC flows. As early as June 2015, Omar al-Bashir, the Sudanese military dictator, visited this country despite an arrest warrant issued by the ICC.

The government allowed that visit, despite South Africa being obliged, in terms of the Rome Statute, to which it is a signatory, to arrest him the minute he landed in the country.

SA didn’t. But the government had no plan against that obligation either. The matter had to go to court and ultimately, and embarrassingly, the government had to literally smuggle Al-Bashir out of the country while the matter was still in court.

The lawyer representing the government, during the court proceedings, answered his cellphone, only to announce that Al-Bashir had already left the country.

Law enforcement

You may ask, where were our border controllers or law enforcement agencies? Then the government, without thinking it through, decided to withdraw from the ICC.

Because of external pressures, the government decided to rescind its earlier decision. The ANC on its own could not quite agree as to whether or not to have the government withdraw its membership to the ICC but, ultimately, the ANC decided to let the country remain a member.

It was at that time, when the government had the opportunity to do what it is now thinking of doing, to propose amendments to the ICC rules.

If it did not succeed, the most logical thing to do would be to withdraw from that institution. This country would probably be in a much better and clearer position today, at least having stated its case to the world and remained a member of the ICC under different conditions.

Or it could have withdrawn on the basis of a sound case it had presented, but with its credibility still intact.

Putin

Now, eight years later, the ANC as an organisation and as the ruling party, is faced with the conundrum of a visit to South Africa by the Russian President, Vladimir Putin, against whom a warrant of arrest has been issued by the ICC: the same problem the government faced in 2015 but found it not prudent and necessary to resolve and finalise.

This government, by not biting the bullet once and for all and confronting the ICC when it had to, has put itself and its people in a more precarious situation.

It is trying to justify and legitimise its failure, incompetence and lack of seriousness with respect to effectively managing this country.

But, of course, we are talking about the ANC which is hellbent on befriending anyone and everyone, irrespective of the consequences.

We have a governing party which believes everything belongs to all, even those who don’t need any belonging.

This time around, will the government effect the arrest of Putin, or will he also be smuggled out of the country like Al-Bashir? Or will the government simply tell the ICC to go to hell? Either way, this ruling party has plunged the country into a legitimacy crisis.

I have heard Deputy Minister Obed Bapela even intimating that if South Africa arrested Putin, that might instigate World War III.

ALSO READ: ICC issues arrest warrant for Putin over Ukraine

Russia and Ukraine

But the opposite may also be true. The South African government has been accused by the US of selling/donating war weapons to Russia to fight Ukraine.

Bear in mind what we know is South Africa’s neutral stance in this war. In fact, the country is on record as saying it would rather go the mediation route than take sides in the war between Russia and Ukraine.

The government hasn’t outright confirmed or denied this. Instead, it has decided to institute a judicial commission of inquiry, led by a retired judge.

The lingering question is: how will the government respond if that commission concludes there is some prima facie evidence that, indeed, there may be a case to answer?

Will the government respond the same way it did with respect to the Phala Phala inquiry which, incidentally, was also led by a retired judge?

Will the ruling party, the ANC, again use it’s majority in parliament to scupper the findings of the inquiry?

Will the ANC majority decide to treat the Americans differently because of its “long-standing relationship”, both political and economical?

I hope we are not led into yet another conundrum by the governing party. I refuse to think – and I don’t know for how long I will sustain this – that the ANC is synonymous with conundrums and confusion.

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-Monama is an independent commentator and a former Azapo leader