Decaying facilities sign of failing rule of law 

The concept of a developmental state to promote progress in society will remain a myth, a pipe dream, for as long as bureaucrats are driven by self interest, and not the wellbeing of society. 

The last half of the 30 years of our democracy has increasingly shown us a pattern in which the value of state stock was allowed to diminish through allowing vandalism to persist without the culprits being punished. 


Why this trend has been allowed to fester as fast as it has given a well-oiled functioning state with the police and military on guard is the question this article seeks to address. 

State authority is the same as public power. State organs, empowered by administrative law, have the authority to exercise such power to advance the common good of society. 

In a nutshell, where public policy is undermined, or allowed to be undermined by rogue members of the public, and where lawlessness is permitted to thrive through poor policing, everything tends to fall into a state of ruin, with state authority rendered ineffective. 

There are various misconceptions that are allowed to develop without being contested. One such misunderstanding is that in a democracy members of society can do or act as they please without a prospect of facing the might of the law. 

When the public believe these myths, they not only shoot themselves in the foot but they undermine the workings of democracy. 

South Africa is a developmental state, demanding of the state to play a dominant role to accelerate economic growth. 

Also true, as is the case in our country, is that where economic development of black people was stunted by obnoxious apartheid laws that discriminated against them, black people deserve redress which, among other things, entails economic empowerment.. 

This implies that all state resources should be deployed to balance the scale of inequality in favour of black people who were discriminated against and placed by the apartheid system on the bottom rung of economic development. 

But all credible research seems to suggest that the country’s bureaucrats have been sitting on their hands and doing little to achieve what the Constitution demands of them. 

The desire to pursue public good demands of public servants to observe section 195 of the Constitution, which states that public administration must be governed by democratic values. 

These, among others, include high standard of professionalism, including ethical conduct; efficient, economic and effective use of resources; responding to public needs expeditiously; accountability; and equity in employment practices. 

But if the Constitution is so clear on what public officials or state organs ought to do, why is the state administration in most parts of the country in ruin, and what needs to be done to reverse the situation? 

Corruption is at the core of all the failures this country has experienced. Corrupt public officials in some instances have been exposed by various commissions, including the Zondo commission. Others have escaped detection, and they continue to serve as public officials in -various government departments. 

Added to that, criminals are allowed to plunder and destroy public property without fear of prosecution. Corrupt politicians facilitate these activities. 

Criminals are allowed to plunder and destroy the country’s infrastructure. What then is the point of having the police security cluster when criminal syndicates are allowed to do as they please without fear of prosecution or detection? 

In every city, town or village you visit, the destruction of railway stock and public infrastructure sticks out like a sore thumb. Crumbling buildings that used to house railways administrative offices lie in ruins. 

What has become of public probity? Does high-ranking public authority care? Or is the destruction of railway stock orchestrated from the top in cahoots with rotten elements to benefit corrupt leadership? 

These questions must be asked and answered. I suggest a commission of inquiry be instituted to drill down to the bottom of the saga if this would provide the answers to these important questions. 

The country’s sophisticated 30 000km railway network is in ruins.  

The Passenger Rail Agency of South Africa must be put in the dock and forced to give details why such failures have been allowed to persist to the extent they have. 

 

  • Mdhlela is a freelance journalist, an Anglican priest, an ex-trade unionist, and former editor of the South African Human Rights journals

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