Matthews Phosa’s speech presented at SANEF event on Saturday, 17 May 2008

Thank you for the opportunity to set my feet in the lions’ den, and allowing me to deal with a few issues that currently find themselves on top of the political agenda.

There has been a lot of discussion, editorializing and agonizing in the last few months around the important issue of the so-called two centers of power.

The stark reality is that we have an elected President of the majority party in the country, who is not the President of the country.

The leader of the executive has lost the confidence of his party, partly because of the view that he seems to have lost touch with the aspirations of the majority of that part of the electorate who supports the ANC.

We must be honest about this issue tonight and debate it- away from all the political and vested interest spin that the various interested parties-and commentators- put on it.

It is not about the personalities, but about the simple issue of whether a country under substantial challenges of delivery can afford a system whereby it’s democratically elected head is not the President of the country.

Such a situation is, off course, worsened by the situation that President of the party overwhelmingly defeated the head of government for the presidency of the ANC. In simple terms, the representatives of the members of the ANC voted for change [and I am not trying to sound like Barack Obama!] in the most important leadership position in the party.

The party has also expressed itself clearly that the President of the ANC should be the President of the country.

We, therefore, find ourselves in a similar position to that which the National Party faced in 1989 when FW de Klerk became the Hoofleier of the Nasionale Party whilst PW Botha was still the incumbent President. That arrangement lasted a mere nine months!

South Africans and the word are nearing exhaustion with this situation where we faced daily with comparisons between the leaders, on questions as to the fitness of a leader to ascend to the Presidency, of the other to still occupy it, and many more vexing issues.

The global political village is waiting with baited breath and the global investment community is monitoring the situation anxiously, on almost an hour by hour basis. Certainty about the matter will create forward momentum in the political and economic dynamics here, in the region, on the continent, and globally.

The current situation is not a healthy one. It is worsened by the fact that our democracy is not yet mature enough to allow for a defeated President to resign immediately after an event such as Polokwane. There is currently no legal or constitutional pressure on him to do so.

There is, however, growing political, media, business and other pressures for the situation to be remedied.

This is not about the individuals. Both Thabo Mbeki and Jacob Zuma have made massive contributions to the struggle for liberation as well as the building of a democratic and functional government.

It is, however, a country that cries for strong leadership and for leaders to set aside all issues personal and egotistical and move forward with the agenda of rebuilding South Africa.

With that in mind, there is, off course a number of remedies for the current uncomfortable stalemate, namely

The resignation of the sitting President
His removal through any number of means
The calling of an early election.

The last solution seems to be one worthy of serious consideration.

We are a year away from an election, and the bringing forward of the date for such an election would make for a speedier, less painful and more productive solution to a number of challenges facing us.

Such a solution will create improved opportunities for delivery following the urgent priorities set at the Polokwane conference. It would also speed up institutional transformation and give the voters an earlier opportunity to express their views about alternative political agendas presented to them.

It is an alternative which I support and one which will allow for enough time to plan for a stable and seamless transition. It would, however, require the co-operation of all parties and a generous spirit of South Africa first.

I also want to set record straight on the so-called alternative scenarios regarding the future President of South Africa. The ANC has only one candidate, and one candidate only, namely Jacob Zuma.

We elected him-and will support him-knowing fully what onslaughts he faces on a daily basis, and the strength of character it is has taken for him to show that a dynamic leader will always rise above his personal challenges. You are, off course, free to speculate, but kindly note that such speculation and gossip will not change the reality of our choice, and our strength of purpose to take that choice to its’ logical conclusion.

It will take an earthquake to move us from this position!

We cannot interact without commenting on the fact that, seven years after acquiring the status of being informally accused and then formally accused the President of our party has yet to have the security of knowing when he will appear on court to defend his good name.

This fact, seen in concert with the view of an esteemed Judge that the perception exists that the legal entity tasked with this matter could have acted outside its’ vetting Act, and that the manner of “advertising” investigations, arrests and prosecutions, could have violated the constitutional rights of suspects and accused, only adds to a perception that this matter should long have been dealt with.

Justice delayed is justice denied. Maybe the time has come for us further refine our legal framework by the innovation of adding legislation to protect our citizens against such perceived abuse, misuse and incompetence.

How can one take such an action seriously when you wait for five years, then get your case thrown out of court because you deem a seminar more important than the case, and then forget to arrange for a court date. As a lawyer I am ashamed that anyone should be treated this way before the law, let alone that this person is the President of the ANC.

Our country needs to know who its’ real leader is, and we can only clarify the situation by designing a process that protects the constitution, the dignity of individual leaders and the process of delivery of priority services.

We do not agree that democratic processes should be managed the way that they have been in Zimbabwe. The liberation of Africa, and any partnership or partnerships on the continent is not served by being passive neighbors. As servants of democracy the stability of the region is best supported by clearly making known our view that democracy cannot be manipulated.

We cannot silently watch whilst the rights of our brothers and sisters and neighbors are being grossly violated.

We need fresh and innovative leadership on the issue of crime. Despite winning smaller battles, we are not winning the bigger war, and the levels of crime add directly to the outflow of skills and in the inflow of criminal elements across our borders-and not only from the region or continent.

I welcome all new initiatives such as the Million Man March and the Action Safer South Africa initiative by Roelf Meyer to compliment the efforts of Business Against Crime. At the root of all of this, is however, the need to expedite job creation and the subsequent provision of an improved social net for especially those most affected by poverty.

In the ANC we are spending a lot of time to translate our Social Transformation Program into dynamic and workable projects on the ground. There will be a substantial new focus on delivery in the areas of housing, health care and education. This will have as a consequence the rethink and re-engineering of a number of delivery mechanisms, institutions as well as financial management.

Our BEE legislation and Codes need urgent attention and refinement. One of the changes that I recommend as a businessman is for us to improve and operationalize our definition of broad based empowerment, and how we can better promote beneficial participation of communities (and I use the word in its’ broadest sense) in projects that affect them.

The “auditing” of new projects that are substantial in scope and size should be implemented so that we can rest assured that there is a flow through to those most affected by these transactions.

It is an urgent issue that require our urgent and focused attention.

The debate about Alexandra and immigrants and crime is not well-rounded. As the global village grows, boundaries become softer and countries import as well as export labor. The media has a role to play to ensure that the difference is drawn between criminals crossing our borders and persons who add value to the economy. A one shoe fits all approach does not inform this important debate about rampant xenophobia.

As always, I want to end by calling, begging and praying that all us will look for partnerships going forward. I commit myself on a daily basis to seek synergies between Afrikaners and Sowetans, between all religions, between various communities and cultures. The ANC does not mind being the majority party in government and in the National Assembly, but we need an effort from people of all persuasions to understand and contribute to the greater partnership for a better life for all.

I thank you.

Mathews Phosa