“It is a dark and dangerous situation when we are ruled by parliamentary votes, rather than principle.”

These are the words of Dr Mathews Phosa – an ANC veteran and the first appointed premier of Mpumalanga – who spoke at the fourth annual P Langa Memorial Lecture, held at Emperors Palace on Saturday.

Phosa, who has previously slammed the ruling party and blamed presidents Jacob Zuma and Cyril Ramaphosa for the deterioration of the country, says ‘the architects of our hard-fought democracy, including the late chief justice Pius Langa, will not be proud of the perilous state of our country, as well as our legal fraternity’.

Langa was known for his measured approach to judgments, said Phosa, explaining that Langa clothed his ‘carefully worded views with a strong measure of ubuntu’ while encouraging his colleagues on the highest bench to ‘do the right thing’.

Dark and dangerous situation

Phosa feels government uses its majority to sweep evidence of wrongdoing under the mat and neglects its duty to ‘do the right thing’.

“The government, and the governing party, can no longer claim that they are the moral leaders, nor the conscience of society. The cancer of public sector corruption is growing, despite the many promises to clear up the shameful legacy of state capture,” he said in his speech.

“The power of the judiciary to act as an independent arbiter to settle matters in a decisive manner is being undermined by the fact that the current government is more than willing to look the other way when they should, in fact, support judicial reports and findings.”

Phosa said that there is evidence of a deepening gulf between the ‘legislative and executive branches on the one side and the judiciary on the other side’.

He used the Zondo Commission as an example. “[It] bequeathed us with a framework on how to redesign and correct the obvious flaws on both the executive branch as well as the legislative branch. Sadly, very little has come of it and the reaction to it, in the face of all the carefully scripted corrective proposals, has resulted in hardly anything more than token action.

“In this state of tension, and often disrespect, the executive has taken aim at the judiciary, and the judiciary has reacted by stating its deep disappointment with the lack of action from both the government and the National Assembly.

“It is a shocking state of affairs when, only 30 years into liberation, the three pillars of the state are at serious odds with one another.”

Strong leadership needed

Phosa strongly feels that ‘every single one of us has the duty, as I have, to mobilise all our energies, to shape our future in such a way that it is better than our past and present’.

He said in difficult times, strong leaders are needed. “Our beloved country cries out for leaders of impeccable character to reach across all divides and take a new look at what the drafters of our Constitution had in mind when it was first completed in 1996.

“We are facing many dangerous challenges, as did the various heads of the Constitutional Court and those of us at the mercy of what seems to be an uncaring government, intent on staying in power despite having very little to show but promises.”

World at war

Referring to the wars being fought across the globe, he said global leaders who are quick to choose sides and encourage battle would do well to adopt Langa’s approach of calm reflection. “Do the right thing without rushing to positions that are cast in stone.”

Tribute to a leader

Phosa said Langa was a true leader. “Langa’s story is one that, in many ways, reflects that of struggle, determination and of a leader who, with conviction, put the past behind him and dedicated his life to building a better, more balanced society. From poverty and long hours of sweat in a shirt factory, he studied day and night to eventually become the second chief justice of our new, post-1994 nation.”