Thursday, April 26, 2012

Where is the freedom on the eve of Freedom day?


Where is the freedom on the eve of Freedom day?

What Freedom are we celebrating when real change and democracy has not been made? The day of the first democratic elections in South Africa is tarnished by the practices of the ruling party to ignore the principles enshrined in our Constitution.  In a council meeting on the eve of Freedom day, a report was presented without any notice where a biased committee with no independence or impartiality came to the conclusion that I be excluded from the Council for 60 days.

On Freedom day we should be able to celebrate the Constitutional right to a fair trial. We should be able to celebrate the fact that we are meant to live in a country where everyone has the right to have a dispute resolved by the application of law decided in a fair public hearing before an independent and impartial tribunal. On Freedom day we should be able to celebrate the right to hear charges levied against you. We should be able to celebrate the right to be present when the trial is conducted. We should be able to celebrate the right of Appeal. We should be able to celebrate the right to just administrative action. But alas we do not.

These are only words written in a Constitution which are daily raped by their non application. What makes it worse is that all of the above rights were just ignored in this matter brought against me but when the matter was placed without notice on the Agenda to be debated, the ANC Speaker of Council decided to suspend debate and not even allow the person found guilty in their absence, to not be heard on being informed of the decision. Can you imagine what would happen if Employers were allowed to just dismiss employees and employees notified without any opportunity to respond , plead their case or offer evidence in mitigation? There would be a revolution.

Freedom can not be selectively applied. Freedom can not be paraded on the steps of the Union buildings on ceremonial days. Freedom requires daily application and to be part of the fibre of society but most importantly deeply embedded within the government.

Unfortunately apathy allowed the ANC to win the last local government elections with a 5% majority. We could be living in a city where the administration respects the constitution. But we are not. Apathy will allow the ANC to continue to erode our Constitution by small things which they do daily and then by larger efforts such as the attacks on the free press. Now we live in a City which does not respect the rights to participatory democracy and we must do all in our power to stop Apathy and be more proactive in changing South Africa to be a truly free country which respects our Constitution and all our histories and cultures.

Nuremburg told the world that it is justified to not listen to or respect a government or leaders who are immoral. I can not respect a government which ignores the Constitutional provisions which they so "freely" profess to live by. Our speaker is a Tyrant and can not respected. Unfortunately we can not even remove her as she wont allow to hear a motion of no confidence in her. We as citizens must find a way to fight for our freedom on Freedom day.