The judge Selby Mfanelo Mbenenge tribunal, in which he is accused of sexual harassment, unsurprisingly elicits hotly contested views. Now that it has recessed and we are waiting for the final arguments, it is pertinent to reflect on the case without passing judgment — whether in favour of the complainant Andiswa Mengo or judge Mbenenge.
But there is a disturbing issue that stands out. This is the usual maligning of African values which emerged at this tribunal. Mbenenge's defence is that as far as he is concerned, he was approaching his interactions with Ms Mengo from his cultural perspective.
He was at pains to point out this was not sexual harassment — as the complainant asserts — but an expression of how he should interact with a female he was courting within that cultural context.
This case is not about the so-called moral integrity of judge Mbenenge but the veracity of the allegations by Ms Mengo, as no “universal moral code” exists, unless we want to impose others' views on a multicultural society.
Once Mbenenge raised this cultural defence, a torrent of criticism broke out, accusing him of hiding behind culture. But to some of us Africans, this is nothing new; once again whenever African culture — or anything African — is used as an explanation for anything, accusations and insults start flying around that we like hiding behind culture to explain our misconduct and “savage” ways.
This has been the norm for generations, an enduring colonialist legacy that designates our cultures as primitive and backward — according to so-called “civilised” Western standards.
This was graphically illustrated by the attitude of evidence leader Ms Scheepers. She was vehemently not prepared to even consider Mbenenge's standpoint. Worse, Lisa Vetten, the renowned expert on sexual harassment, in her evidence exhibited no inclination that her expert analysis should consider this cultural angle.
This is not to condone or condemn Mbenenge — that is for the commission. The issue is the crass disdain of not even trying to understand his right to be understood on his terms, in this diverse society.
What is more unacceptable is that it is never raised that any other culture — especially Western culture — can be used to justify individual actions, when this happens every day. Indeed, on what basis do those who excoriate Mbenenge believe that just because Africans assert their cultural values, they should be accused of “hiding”?
This is the loaded burden that we Africans must continue to fight at every turn.
— Dr Thabisi Hoeane, political sciences department, Unisa, Pretoria
Fire the police commissioner
Gang violence and shooting are ripping Cape Flats communities apart.
Bodies continue to pile up and families bury loved ones week after week while the provincial police commissioner remains silent and absent. The killing of two people outside the Mitchells Plain SAPS is not an isolated act; it is part of a pattern of bloodshed that has been allowed to continue unchecked.
When three DA MPs were victims of crime, the commissioner rushed to issue statements and seek media attention. When ordinary residents are murdered in front of a police station there is no leadership, no urgency and no accountability.
The commissioner has failed in his constitutional mandate to protect the citizens of this province. Under his watch, intelligence-driven crime prevention is absent, gangs act with impunity, shootings happen daily and the SAPS has become reactive instead of proactive.
Now we are seeing a dangerous resurgence of vigilante groups such as Pagad. Communities are losing faith in policing and turning to their own forms of justice.
Enough is enough. I call for the immediate resignation of the provincial police commissioner. If he refuses to step down the minister of police and the national commissioner must act.
— Grant Pascoe, Cape Town
Dialogue an admission of failure
Caiphus Kgosana's article “R500m better spent” (August 24) refers. I agree with Caiphus — and would like to add that the proposed national dialogue is an admission of failure.
Most failures are in law enforcement and security. Why not request private business to match the R500m from government and spend a trillion rands on law enforcement agencies and security? Spend more on the police, the judiciary, prosecution and correctional services. Making South Africa a normal law-abiding country will result in an improved economy and more jobs.
Otherwise, citizens must demand the resignation of our government and have a proper national dialogue: national elections!
— IJ Myburgh, Humewood
Don't blame spatial planning
I am tired of seeing apartheid spatial planning blamed for the lack of integration in our communities.
This excuse suggests that spatial planning is cast in stone. Not true. Spatial planning is flexible and all that is required to change it is the will, and the skill. The only things keeping our communities segregated since 1994 are crime and corruption. We still have communities predominantly occupied by the previously advantaged and those predominantly occupied by the previously disadvantaged.
If our government had done its job on crime and corruption, nearly every community would have much higher rates of integration, both in advantaged and disadvantaged areas
— Kenny Phillips, Cape Town
Many people in disadvantaged communities are at last getting title deeds to their properties to unlock value — what value? Because crime is so pervasive in disadvantaged communities, those properties are virtually worthless. It would be hard to find any such property that would unlock enough finance to put down a deposit on a property in an advantaged community.
Crime affects disadvantaged communities in many ways — you can't get decent insurance because it would be unaffordable. Even if local municipalities were efficient and providing services they would be continually disrupted by crime and corruption.
Integration of communities would have happened long ago if not for crime and corruption. Many previously advantaged people are feeling the financial pinch and moving from big properties in affluent areas to smaller properties in less affluent but still advantaged areas.
An opportunity for previously advantaged people who are feeling the financial pinch would be to move into previously disadvantaged areas where prices are more affordable. I guarantee that most would say they would not move into disadvantaged areas because of crime, corruption and lack of services. I guarantee that most previously disadvantaged people would say the only reason that they have not moved into advantaged areas is that it is unaffordable.
We see areas like the Bo-Kaap and Woodstock in Cape Town where there have been significant efforts to fight crime and corruption. Advantaged people are moving into these previously disadvantaged communities and buying rundown properties at low prices. They then upgrade.
Surrounding disadvantaged neighbours are realising increased values for their properties due to the gentrification. They are moving out and buying in previously advantaged areas. But the lesson learnt is that, in these areas, it was not spatial planning that prevented integration, it was crime and corruption. Once these were addressed, integration happened.
If our government had done its job on crime and corruption, nearly every community would have much higher rates of integration, both in advantaged and disadvantaged areas.
— Kenny Phillips, Cape Town
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