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South Africa

Remembering Nelson Mandela (1918-2013)

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Guest post by Andrew J. Novak

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Nelson Mandela, who achieved nearly mythical status as the first post-apartheid president of South Africa, received the name ‘Nelson’ from his teacher Miss Mdingane on his first day of primary school in a small village in the Eastern Cape, as part of a custom at the time of providing African children with Christian names. south africa flag

Before that he was known by his birth name Rolihlahla, ‘troublemaker’ in colloquial isiXhosa, which appears now in retrospect both endearing and prescient. Formal isiXhosa uses clan name as an honorific, referring to a family’s ancestor; Mandela’s was Madiba, the name of a chief who ruled in Transkei in the 18th century.  When he completed his traditional initiation rites of manhood at age sixteen, Mandela was given the name Dalibhunga, ‘convener of the dialogue,’ another name that seems strangely appropriate decades later.  Later in life, he would be known as Tata (father) and Khulu (grandfather) by many South Africans regardless of their own age, as patriarch of a new multiracial democracy.  He was Papa to his third wife Graça Machel, the former first lady of Mozambique, whose life, like his, bore the rugged scars of a nation struggling for independence.

Perhaps the name that most defined his life’s eventual course was a fake one: David Motsamayi, a name he assumed to secretly leave South Africa in 1962 to travel across the continent raising the international profile of the African National Congress (ANC).  He received military training in Morocco and Ethiopia and raised money from the political leaders of several North and West African countries before traveling to London where he met with anti-apartheid activists and reporters.  Upon his return to South Africa, he was arrested at a police roadblock and placed on trial for inciting workers’ strikes and leaving the country illegally.  He was convicted and sentenced to five years in prison in Pretoria before the police uncovered evidence of his role in the founding of the ANC’s military wing, Umkhonto we Sizwe, Spear of the Nation.

In the famous Rivonia trial, he was convicted of four counts of sabotage and conspiracy to violently overthrow the government and sentenced to life imprisonment.  For the next eighteen years of his life, he lived in a small cell on Robben Island until a journalist’s slogan ‘Free Mandela’ started an international campaign that culminated in a UN Security Council resolution and his eventual transfer to the relative comfort of two mainland prisons.  On the brink of a low-intensity civil war for the next ten years, the South Africa outside Mandela’s cell had changed, and, on February 11, 1990, he was released from prison on live television.

Despite his early legal training and the 1952 establishment of Mandela & Tambo, the country’s first black-African owned law firm, Mandela did not receive his law degree until he completed his correspondence courses in his last months in prison.  Nonetheless, Mandela the lawyer contributed more to development of the rule of law in South Africa than any other person in modern times.  In negotiations at the Convention for a Democratic South Africa from 1991 to 1992, he and South African President F.W. de Klerk succeeded in drafting an interim constitution with the strong separation of powers and a bill of rights.  They also established a timetable for multiracial elections and agreed on the structure of a government of national unity, a process that jointly won them the Nobel Peace Prize in 1993.  The new constitution of South Africa, one of the most progressive in the world, entered into force in May 1996.

Though his successor, Thabo Mbeki, was a more experienced administrator, Mandela provided the moral leadership that South Africa needed in its democratic transition during his five-year term as president.  Mandela the reconciler oversaw the establishment of a truth commission with Archbishop Desmond Tutu as chair to investigate crimes committed under apartheid by both sides.  He tackled the huge disparity in wealth, ending discrimination in social services and helping build national infrastructure: by 1999, housing for three million people had been constructed; three million people were connected to telephone lines and clean water, and two million to the electricity grid; 1.5 million children were enrolled in the education system for the first time; and 500 health clinics were upgraded.

In retirement, Mandela devoted himself to HIV/AIDS activism through his foundation, supporting the protests to provide free anti-retroviral drugs to poor South Africans and allow the government to purchase generics produced in Brazil, India, and Thailand.  In the years that followed, he spoke out against the war in Iraq and Mugabe’s continued rule in Zimbabwe, and in favor of South Africa’s 2010 World Cup bid.  He had largely retreated from public life by 2004, but his international statute did not diminish.

He died as he had lived, a fateful mix of youthful troublemaker and eminent patriarch.

Andrew Novak is the adjunct professor of African law at American University, Washington College of Law

Guinea, Kenya, Madagascar, Mali, Zimbabwe

Despite Zimbabwe, sub-Saharan Africa is becoming more democratic, not less

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African legal scholar Andrew Novak and I make the case at Reuters today that despite the reelection of Robert Mugabe in Zimbabwe, sub-Saharan Africa is making gains with respect to democracy, and we examine the eight countries with elections between mid-July and September 30 alone (though as of earlier this week, Madagascar seems to be postponed until later this year).madagascar-flagMali Flag Iconzimbabwe new icon

We look to three catalysts in particular:

Recent African elections demonstrate progress in three ways.  First, long-delayed or boycotted elections are finally taking place, removing military regimes or one-party states from power.

Second, for the first time, several countries having enjoyed two or three free and fair elections in a row. This is significant because running two well-managed elections improves the odds that there will be a third, and then a fourth — turning an isolated electoral experiment into a true democratic tradition.

Third, elections once marred by violence have been carried out peacefully, improving the credibility of political leaders and encouraging coalition-building and a non-zero sum attitude toward governing.

So for every Zimbabwe, there’s a Mali, which represents a return to two decades of democratic traditions.  There’s a Kenya, where president Uhuru Kenyatta’s election earlier this spring wasn’t marred by violence, despite a close race.  There’s a Guinea, where long-delayed elections are moving forward after fraught negotiations between the ruling party and the opposition.  Even in Zimbabwe, July’s elections passed without the violence that resulted in 2008, and Mugabe’s successor will likely have to be much more responsive to economic and social pressures than Mugabe, who too often gets a free pass from Zimbabweans and other Africans due to his founding-father status in leading the country out of white minority rule in 1979-80.

Our conclusion is that there’s room for measured optimism:

It would be a mistake to view the developing African democracy with the same kind of rapture than some international investors have developed in recent years for Africa’s “cheetah” economies.  But in the wake of international discouragement over Zimbabwe’s vote, it would also be a mistake to conclude that African democracy is in retreat, when there are so many signs that it continues to grow stronger.

Photo credit to Joe Penney / Reuters.

Ghana

Simultaneous parliamentary elections could lead to split Ghanaian government

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Although much of the international (and national) attention has been on Ghana’s presidential election tomorrow, it’s important to note that Ghana will also conduct its parliamentary elections as well.

The elections are conducted, rather straightforwardly, in 275 separate single-member constituencies — it’s a first-past-the-post system, so the winner of a plurality of support is elected as a member of parliament.

With the presidential race still incredibly competitive (some polls show incumbent president John Mahama leading, and others show challenger Nana Akufo-Addo with a lead), it’s likely that the parliamentary result will likewise be tight as well, though if no presidential candidate wins over 50% of the vote, the race will go to a runoff on December 28, which would mean that Ghanaians will know which party will control the parliament when they decide who will go to Jubilee House as Ghana’s president.  That could strongly influence whether Mahama or Akufo-Addo win a potential runoff.

Currently, Mahama’s National Democratic Congress (NDC) controls 114 seats in Ghana’s unicameral parliament, while Akufo-Addo’s New Patriotic Party controls 107, with seven additional parliamentarians who are either independents or represent smaller parties.  The NDC won control of the parliament in the 2008 elections that saw the NDC’s presidential candidate, John Atta Mills, triumph over Akufo-Addo in an incredibly tight presidential race.  Previously, the NPP held 128 seats and the NDC just 94 seats.

So whatever happens tomorrow, it seems unlikely that either the NPP or the NDC will sweep to a lopsided victory in the parliamentary elections.

That’s especially true given Ghanaian voting patterns over the past decade — the NPP’s traditional support comes from the south of the country, the heartland of the Akan ethnicity group that’s the largest ethnic group in Ghana (nearly 11 million out of a population of over 24 million people).  In fact, the maps of where the NPP led in 2008 in both the presidential and parliamentary election, and the map of the Akan heartland within Ghana, are nearly interchangeable.  The NDC has traditionally won its greatest support in the more Muslim north and along all of Ghana’s eastern border — namely, those areas that are not dominated by the Akan.

Indeed, if either Mahama or Akufo-Addo narrowly emerge with a lead of over 50% tomorrow, it’s even possible that Ghana could elect one party to control the Ghanaian presidency and another party to control the parliament.

The election will also feature a 45-member increase in the number of seats in Ghana’s parliament (from 230 to 275) in order to balance population growth, which could also create additional variability with respect to the ultimate result.  Continue reading Simultaneous parliamentary elections could lead to split Ghanaian government →

Ghana

Who is Nana Akufo-Addo? And how would he govern Ghana?

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Ghanaians go to the polls to elect a president and a parliament Friday, and there’s a good chance they will elect to send a new president to Jubilee House.

Although he’s technically the challenger in the race, Nana Akufo-Addo of the New Patriotic Party (NPP) is a narrow favorite to oust John Dramini Mahama, the incumbent and candidate of the National Democratic Congress (NDC), who was elevated to Ghana’s presidency only in July after the death of John Atta Mills, who narrowly defeated Akufo-Addo in the 2008 election by the narrowest of margins.

This time around, Akufo-Addo seems even better placed to succeed in a campaign that has featured spirited debate about how best to provide education and health care to Ghana’s youth, how to approach ongoing tensions and instability in Côte d’Ivoire, and how to continue Ghana’s economy, the strongest in all of Africa.

Akufo-Addo has a strong pedigree in Ghanaian politics — his father, Edward Akufo-Addo, was the third chief justice of Ghana and served as Ghana’s chiefly ceremonial president from 1969 to 1972, as well as one of the ‘Big Six’ leaders of the United Gold Coast Convention that fought for Ghana’s independence and were arrested for their efforts.  Akufo-Addo’s great uncle and uncle were also members of the ‘Big Six.’

Like Mills before him, Akufo-Addo has the advantage of having run in a prior presidential race.  In the 2008 election, Akufo-Addo actually won the first round with 49.13% of the vote to just 47.92% for Mills, but lost the runoff, taking just 49.77% to 50.23% for Mills.

Before the 2008 election, Akufo-Addo, previously an attorney, served in the administration of former NPP president John Kufuor, first as attorney general, where he worked to repeal the criminal libel law that earlier Ghanaian administrations had used to inhibit free speech, and later as justice minister and foreign minister.

As African legal studies scholar Andrew Novak has written earlier this autumn for Suffragio, Mahama has at times looked amateurish and untested against the experienced Akufo-Addo.

Although the NPP is seen as traditionally more of the center-right and the NDC of the center-left, it’s Akufo-Addo who has called for a more activist role for Ghana’s government in the current campaign, including free basic and secondary high school education for all Ghanaians as well as free health care for all Ghanaian children.  Free primary education is enshrined as a fundamental right in Ghana’s constitution, but quality often falls far below acceptable standards, especially in rural Ghana.

Akufo-Addo has repeatedly and forcefully defended his plan against NDC skepticism that the NPP won’t be able to enact such sweeping reforms; Akufo-Addo, in turn, has criticized the NDC for failing to keep its promises from the 2008 election on health care.

Continue reading Who is Nana Akufo-Addo? And how would he govern Ghana? →

Nigeria, Sierra Leone

Obasanjo’s endorsement in Sierra Leone: will it help or hurt?

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Nigeria is the regional anchor of West Africa, with a rapidly growing population of 164 million people and easily West Africa’s largest economy — an economy set to overtake South Africa’s economy by 2020. 

So when former Nigerian president Olusegun Obasanjo made an endorsement in the contested presidential race in Sierra Leone, a country of just around five million people, people took notice.

Obasanjo endorsed Sierra Leone’s incumbent president, Ernest Bai Koroma (pictured above, right, with Obasanjo, left), last week.  So what does that mean for Sierra Leone’s elections to be held this Sunday, November 17?

Probably not much.

As Andrew Novak has recently written for Suffragio, Koroma, the candidate of the All People’s Congress (APC), remains a slight favorite against his chief opponent, Julius Maada Bio of the Sierra Leone People’s Party (SLPP).  The SLPP was formed in 1951 and dominated Sierra Leonean politics immediately before, during and after Sierra Leone’s independence from the United Kingdom in 1961.  The APC, formed in 1960, dominated an increasingly autocratic and corrupt Sierra Leonean government through the early 1990s, when Sierra Leone descended into one of Africa’s bloodiest civil wars.  The Revolutionary United Front (RUF), a rebel group backed by Liberian strongman Charles Taylor plunged Sierra Leone into a chaotic war that featured the use of child soldiers and other horrific war crimes, mostly fought over control of Sierra Leone’s diamond mines in Kono.

The SLPP’s Ahmad Tejan Kabbah won power in 1996 during the height of the fighting and despite Kabbah’s inability to govern, he won reelection overwhelming in 2002, the same year that Sierra Leone’s civil war ended.  The SLPP lost power in 2007 — Kabbah’s vice president Solomon Berewa lost to Koroma, and despite some tensions, Kabbah peacefully transferred power to Koroma.  The SLPP’s current candidate, Bio, led a coup in 1996 and actually served as Sierra Leone’s president for a short while that year before his government called the elections that Kabbah ultimately won.

Historically, the Temne ethnic group, based in the north, has supported the APC and, indeed, Koroma is Sierra Leone’s first Tenme president.  In contrast, the Mende ethnic group in the south has traditionally supported the SLPP.

It seems more likely that Obasanjo is less interested in swaying Sierra Leonean voters than in ingratiating himself with the president of a country that has recently discovered new offshore petroleum deposits and remains one of the largest diamond-mining countries in the world, although proceeds from diamond mining were long used to fuel lavish personal spending from the 1960s and the 1990s and control of Sierra Leone’s diamond wealth fueled so much of the country’s civil war that Sierra Leone is often said to have suffered from a ‘diamond curse.’  So new discoveries of oil in Sierra Leone have been welcomed, but cautiously so.

Although Obasanjo has been out of office since 2007, he still plays an outsized role in African politics, both at home in Nigeria and abroad, including as a peacekeeping envoy for the United Nations to the Democratic Republic of the Congo. Continue reading Obasanjo’s endorsement in Sierra Leone: will it help or hurt? →

Ghana, Sierra Leone

New ruling parties face strong challenges in Ghana and Sierra Leone

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Guest post by Andrew Novak.

Following the upset wins by the All People’s Congress (APC) in Sierra Leone in 2007 and the National Democratic Congress (NDC) in Ghana in 2008, both countries experienced tense but peaceful transitions of power from the ruling party to the opposition, two successes in sharp contrast to the contemporaneous electoral violence in Kenya and Zimbabwe.  In the midst of a worldwide economic recession, voters in both West African countries will return to the polls — in Sierra Leone on November 17 and Ghana on December 7 — to determine whether the new ruling parties deserve a second term.  With emboldened challengers, both contests are likely to again be close.

In the 2007 Sierra Leonean general election, the APC’s Ernest Bai Koroma (pictured above) narrowly defeated Solomon Berewa of the Sierra Leone People’s Party (SLPP), then vice-president of Sierra Leone under the term-limited president Ahmad Tejan Kabbah.  With overwhelming support from the north of the country and a strong showing in Freetown, the capital, Koroma was elected in a runoff as the first president from the Temne ethnic group, one of the two main ethnic groups in the country.  This year, he will face another strong challenge from Julius Maada Bio, a former military ruler of the country.  As head of state, Bio organized the elections that resulted in the peaceful transfer of power to Kabbah in March 1996, before the country’s descent into civil war. Continue reading New ruling parties face strong challenges in Ghana and Sierra Leone →

Ghana

In Mills’s passing, Ghana remains a touchstone for African democracy

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Guest post by Andrew Novak.

Ghanaian President John Atta Mills, 68, passed away on July 24, 2012.

The former vice president of Jerry Rawlings, the longtime, charismatic military ruler of Ghana turned democratically-elected head of state, Professor Mills was deferential to and often overshadowed by Rawlings throughout his political career.  The modest and scholarly Mills, who taught law at the University of Ghana, first ran for the presidency himself in 2000, when Rawlings was term-limited, but lost to opposition leader John Kufour of the New Patriotic Party (NPP) in Ghana’s first peaceful change of power since independence.

In 2008, when Kufour himself was term-limited, Mills ran against Kufour’s vice president, Nana Akufo-Addo, whom he trailed after the first round by a margin of 47.92% to 49.13%.  However, Mills ultimately defeated Akufo-Addo in the second round, with a margin of 50.23% to 49.77%, making it the closest peaceful election of its scale in modern African history.  Perhaps even more surprising, closely following the 2007 elections in Zimbabwe and Kenya, the vote led to Ghana’s second peaceful transition of power without a single life lost.

Professor Mills, said to have been at heart an academic rather than a politician, was a stickler for the constitutional rule of law.  By the end of his term Ghana was the fifth least corrupt country on the African mainland according to Transparency International.

When Ghana began offshore oil production for the first time in 2010, Mills vowed to avoid the waste and corruption associated with the oil industry in nearby Nigeria.  Last month, Mills accepted nearly all of the recommendations of the Constitutional Review Commission (CRC) to comprehensively update Ghana’s constitution, with proposed amendments to be submitted to popular referendum.  The CRC’s White Paper called for, among other issues, abolition of the death penalty, protection of consumer rights, constitutionalization of the right to a healthy environment, and establishment of a comprehensive legal aid scheme.  Whether the CRC’s recommendations will be implemented remains to be seen should Mills’s ruling party, the National Democratic Congress, lose the upcoming elections in December 2012 to the NPP.

Even at his death, the rule of law triumphed in Ghana when Vice President John Dramani Mahama was sworn in within hours.  In this way, Ghana avoided the same uncertainty as when Malawian President Bingu wa Mutharika passed away in office last April, sparking speculation that Vice President Joyce Banda would be passed over for the presidency in defiance of the constitution.

But unlike Ghana, Malawi’s change in power was dramatic — Mutharika ran an unpopular regime, one bleeding support from foreign donors and dogged by street protests, and Banda had previously been expelled from the ruling party.

Nonetheless, the peaceful transfers of power across the continent over the past year in Zambia, Senegal, Malawi, and Lesotho may well prove that democracy is maturing in Africa for one simple fact: three of these four countries, like Ghana, have experienced not just one but two peaceful transitions of power since independence.

Andrew Novak is the adjunct professor of African Law at American University Washington College of Law.  He has a J.D. from Boston University and an M.Sc. in African Politics from the London School of Oriental and African Studies—President John Atta Mills’s alma mater.