MY CONTRIBUTION TO SOUTH AFRICANS ON HUMAN RIGHTS AND FREEDOM DAY CELEBRATIONS PART 2 CONTINUES

MY CONTRIBUTION TO SOUTH AFRICANS ON HUMAN RIGHTS AND FREEDOM DAY CELEBRATIONS PART 2 CONTINUES

As we are a day closer to Freedom Day, I thought that I should write a reality story to showcase as to why I still believe that days such as Human Rights Day, Freedom Day, Workers Day, Youth Day, Women’s Day and Heritage Day will mean nothing if we as Africans are still victims of oppression, victimization, and discrimination. Those who are celebrating these days and that these days mean anything to them are lucky and should appreciate that they have not experience any of violations that I have related below should write those positive stories and educate the nation as to why we should be celebrating this democracy as it means nothing to me and those who still become victims of crime, rape, violence, victimization as I did on the 25 April 2013 at Forest High School. This article is a real story showcasing as to why we must stand up against this kind of discrimination and oppression by those who think are law and have more privileges than others.

I thought that I should think of what is meant by the Constitution of the Republic of South Africa, Act 108 of 1996 that was promulgated on the 04^th February 1997 by our former President Nelson Mandela and signed at Sharpville on the 10 December 1996. In my studies during my years as a student, one of the courses that I was enrolled with was some Interpretation of Statutes 101 that is outstanding in my degree. I have written a lot on this course in some of the correspondence with different institutions as I still believe that I will not pass this course as I still believe that this Constitution does not represent the Constitution that I believe should be celebrated as it was proposed during the Interim Constitution of 1993. My argument covers that the only version that is currently law of South Africa is in English while we have other 10 official languages that were not included in that promulgated version, then it pose a challenge to many South Africans who are not English. What will it mean for a Tswana in Taung, a Xhosa in Nyulula, a Zulu in Emahlbathini to understand the opportunities and the challenges that this Law poses to us as a nation. We have a number of people who are still in limbo in knowing what I mean despite having managed to get an education in the most established institutions, they are unable to understand their constitutional mandates as Ministers, Government officials, what will those uneducated poor unemployed South Africans, black in particular, understand this document that is in English. One of my other arguments is that, if it is the supreme law of the nation, why is it Act 108? My experience below will attest to what I mean as you read through my story with Forest High School and hope that it will make you understand what the bone of contention of my argument is.

Let me first clear some air for those who are not abreast with the developments of what I mean, starting with the Constitution, one has to understand what it is. The background behind the establishment of the constitution that as a citizen you are obliged to learn, understand and know. As a Nation we come from a Roman Dutch Law, and in some parts of the country Customary Law was practice mostly by Traditional Courts and as you are aware that there was a revolution that made sure that people are liberated from the injustice that came with the Apartheid system introduced early in the 1900s, and about 100 year ago, in 1913, the Native Land Act was introduced to force our people to live in only a 13% part of the land, the so called homelands. During the early 1990s, after the National government decided to free all political parties a Convention for a Democratic South Africa (CODESA) was adopted on the 20^th of December 1992 to try and look at the terms of reference of what kind of South Africa should be established. Even though its 100 years ago, we are still oppressed in our own land and nothing seem to change and improve the African souls and give back what belongs to Cesar what is due to him. We would only keep on hoping that we as Africans will be treated as customers (just as in a shop) by our government and get the services that we deserve, not what I was exposed to at that Forest High School. Thus I will not let this one go like I did in 2012 when I met the rude Indian lady for the first time, I need the serves I deserve from that School, with the hope that I will be employed by some institutions that might need my services hope that never, never, and never again I will get that experiment again and again.

All political parties were called upon to come on board and debate as to what kind of South Africa should be adopted, as we all know that when discussing ideas, people will not agree, so they then as political parties, agreed to disagree for the sake of ensuring that there is peace and that the take over become a peaceful constitutional democracy one and that we did not follow what happen in other parts of Africa. CODESA 1 failed to reach an agreement, then there was CODESA 2 mostly referred to as Kempton Park resolutions where the late Terblanche and the AWB crushed the meeting as they were not happy with what the NP was doing, saying they (NP) are selling out their country to Africans. To cut the story short, (visit your nearest library and read about this, as a citizen you’re obliged to understand the history of South Africa), in 1993, the tricameral Parliament adopted an interim Constitution to reach a compromise and breakthrough from the apartheid laws that were there before and shape the rules of the new political game scheduled to kick start in April 1994, which led to the first democratic elections that we all know of 27 April 1994 marking 19 years in the celebration of our freedom. I will have to try and cut it short so as I can come to the reason why I wrote this paper, the well known S v Makwanyane case that marked the scraping of the old apartheid laws and created a platform in which courts are now using as reference in their judgments. What is the significance is that the Bill of Rights was now seen to set a precedent for South Africans to enjoy. These were efforts of those who died for the liberation of this country, the question is what it means to you as we will be called to cast the votes to mark 20 years in next year’s NPE.

A Constitutional Assembly was setup in assisting to adopt a Constitution that will be the final Constitution that we see today, where public opinion were called to take part in shaping what would later become our supreme law in two years. As students we were called upon to submit our opinions which were later recommended to the final principles and what I could remember was that the adopted Constitution should be in all eleven official languages with the hope of adding the Khoi and Sun languages once everyone is clued up with these developments. My argument then comes to this as I still feel that we have not managed to reach the objectives in this regard and thus we should not be celebrating the freedom that we achieved in the past 19 years. There is much work that needs to be done before we can be able to celebrate these freedom that are aimed at our development, thus I also share the same sentiment with Falco Mazwelane in ‘The History of South Africa and ANC 20 years later’ unedited version as published in my blog site. After our democracy in 1994, we (as a nation) did not find space and time to focus on what will be the targets, timeframes of achieving certain goals and what measures /tools should be used to help us as a nation to monitor the failures that we see today done by those assigned with responsibilities to serve. We did not have time to talk as a nation (South Africans) and discuss what this freedom mean to all of us as a nation, thus I will still see people as Indians, Europeans, Chinese despite the effort of having a non racial society. When one completes a form, you must indicate if you are Black, Indian, Colored, or White, thus I feel that those ladies treated me the way they did because of the color of my skin and still believe that a lot of my people have been getting the same treatment from those ladies. We have not received any reports from the Monitoring and Evaluation Department as yet on the performance of the departments except things that are in the public for everyone to see, we need reports and recommendation will be able to guide those mandated with such responsibilities.

I would hope that this has managed to give a picture of what my understanding is on the Constitution that has to guide all of us in ensuring that we just don’t waffle but we raise issues that has to assist all of us in shaping our constitutional democracy. Coming to the reason why I wrote this, it started on the 24 April 2013 when I phoned the Principal of Forest High School where my daughter is getting an education. I appreciate the efforts done by our government (Right to Education) by creating a platform that should serve all of us despite the backgrounds that we come from. The only challenge as I have raised in the articles that I have written this month, on the theme of Freedom month, I do not see any point as to why I should be celebrating as I still feel that I was unfairly treated by this school for the past three years since my child enrolled at this school, I hope that this article will not prejudice her and discriminate her as I really had to do this as I felt that I was suffocated by the administration of this school and that I am not happy with the way things have transpired since I was part of this school. After realizing that the principal was not prepared to respond to my requests, on the 25^th April 2013, I went to this school to collect the subsidy forms as it supposed to happen since they could not give them to my wife for the past two months of her visits to this school. On arrival, I greeted the lady at the reception and introduced myself and asked if I could speak to the principal whom I was told was in a meeting with some officials from the department of Education. I thought it was some crisis management from yesterday’s march of teachers who are not happy with their Minister as well, I then asked if I could wait until the meeting finished but was referred to the Deputy Principal (a Mr. Fisser, if not mistaken)who was talking to some gentlemen across me at the foyer.

I then waited until he was finished and informed me that I was there to request for the forms as was my wife refused for some two months now. He then went to the office to get the story why my wife could not access these forms from the lady charged upon that responsibility, some Indian lady who was rude to me the other time I went there sometime last year (2012). When Mr. Fisser came back he requested that I write the surname of my daughter on a piece of paper that he took to that lady, he came back to tell me that I must speak to the lawyers and gave me another piece of paper with the details of the school lawyers which I refused as I indicated that I did not see any reason as to why I should speak to lawyers if I only came to collect the forms. He told me that I could not be given any forms as I had to make an arrangement with these lawyers before they can give me any forms. It was at this time that the other two ladies (White or Colored) went to that Indian lady and whispering and started laughing. The so called Mr Fisser then informed me that there was nothing they could do for me, and I indicated that I will not just let this to rest; I would follow proper procedures on this matter. “Whatever” was what could echo in my ears as I left the foyer of that school. I was angry and was disappointed at the way I was laughed at by people that I hope were there to assist me. As I could foresee that I was going to face the same situation I did in 2012 when I went there and met with that rude indian lady and the principal when I had to inform them that I would go to the department of education about that. I am not going to accept this treatment this time around, I can understand that people make mistakes and have some patience in cases such as these. I will not also make an agreement with some lawyers as if it was my mistake for the forms of 2011 (which I still have with me) for some negligence of some incompetent official assigned by this school to only screen the forms and submit them to the department. She does not have the right to reject an application except to assist you as a parent on things that do not apply to them. As those forms were submitted in time to the school only to be rejected because I did not submit the correct proof of address. I still have the copy of the proof of residence that I submitted then with an affidavit confirming my proof of residence, only to be rejected by her. She was negligent not to accept those forms and should have been rejected by the department official, she is only there to serve us and not become a stumbling block to our applications. I have been submitting the same forms at Townsview Primary School (where my children went to school, I also served as the Chairperson of the SGB for that school between 2009 and 2011) and I know some of the legislative framework of the School Governing Act. I have never felt as humiliated as I did at Forest High School on the 25 April 2013, just two days before the celebrations of our Freedom Day, why should I celebrate?  I was laughed at because that I am unemployed and cannot afford to pay school fees for my child. The picture of the three ladies laughing at me cannot fade away from my mind on my way back home I could not understand as to why most these public servants cannot understand that they are there to serve us and assist people like us, the most vulnerable. If this freedom and democracy should be celebrated, we need a non-racial and a democratic South Africa as envisaged by the like of OR Tambo, I did not get that from those who were there, I could only see a white Mr Fisser, the Indian lady, the two white or colored women who are employed by this school to serve us, I would like to see some transformation in that school, see black /African faces people who will be willing to assist us, people who will understand the values of Ubuntu and a school that represents all of us. I could not sleep, as I had to write this article at 02H00 out of the frustration that is experienced by most people who are mistreated by those ladies in that office, in this day and age, how South Africa can have such people in that office and expect us to celebrate Freedom Day. If such people are in these offices in this day and age, on the 25 April 2013, just two days before the commemoration of Freedom Day, what is really happening to this land of my ancestors, a country in which I was also part of ensuring that it becomes free from oppression, discrimination or unjust actions I am trying to understand, please educate me on this one. What is it that people like us must do in getting the justice that we deserve? Why must I be celebrating the freedom if I will be discriminated and humiliated the way I was by those tasked upon to assist us and just expect to accept that things are smooth and that I must accept that if I am poor and unemployed, I must be treated in this fashion? I did not choose to be poor or unemployed; I have been applying for jobs but have not been successful as yet, I would also love to see that my children get the education they deserve and would be happy to pay for. But at this stage, I am unemployed and am not earning any salary, and I am under a lot of trauma /pressure /stress and did not expect this from that school while I know what needs to happen. What must I do in ensuring that I do not get the same treatment I got since 2011 from this school? What must I do that I stand up and does not allow this and that there is justice in this world and those who laugh at us are also punished and face the law that has to guard against such actions?

As you will note in the past blogs especially since the beginning of this Freedom month, I had to move from the hot pan straight to fire when I decided to go and visit that office, now this kind of treatment. How do you expect me to celebrate, what will I be celebrating as there is no reason for me to go and attend those celebrations? If we will continue having these misdeeds, thinking that we must not loose hope, things will work out at the end of the tunnel, the officials working for government department especially at this school portrayed a picture that they are only adding salt to the abrasion. I wish that they (these officials I met at Forest High) can also experience what it feels like not to earn an income and buy things for your kids and be able to pay school fees, then they will understand that my frustrations I am raising in this article. We are in some kind of a potsoyi and are loosing hope on a daily basis, things are not improving instead one gets exposed to discriminations, human right violations, and injustice such as these and are told that we must just keep quite, things will improve. Since the school has decided to take this to their lawyers, I could not find any assistance from them; the question then is what must one do if one has a problem like this? Who do we report to? Do we have to report to the public protector? How long will it take? I am waiting for them outside the court room, let them come. My only tool at my disposal is a pen and paper to write my frustrations with the hope that someone out there will come and assist people like us (as I am of the feeling that there are many parents from such institutions who also received the same treatment from these officials so as we can challenge it on some class action). My pen is running out of ink, my book is running out of papers to write at, I am loosing hope from this democracy that is supposed to serve us; I am running out of ideas as to what sanguine stories to mark the celebrations of the Freedom Day. Why do we still have the kind of government officials who treat people like us the way they do? To be treated as some piece of bull s**t, one is forced to have some self introspection; think as to what must happen next. As recommended in the last article, I would recommend that all government officials should be taught ubuntu /batho pele principles when they are employed to serve our communities. These officials must also not forget that the salaries they are paid at the end of the month is a grant and dole that all of us should benefit from, but hey, most of these officials seem to be infested by greed, corruption, and misunderstanding of our democratic values –I would not be surprised that these officials at this school are getting something from the law firm that represents the school and they get some commission from referring clients such as us to them. How many parents from Forest High School have also experience the same treatment from the same ladies? As indicated, I need some positive stories, please give me the reason why I should be celebrating Freedom Day. That law firm must just delete my name from their database, I am not from Nigeria or Zimbabwe I have applied for the subsidy and that those officials must just do their work and hope that, that school employs people who are competent and are people oriented instead of this caliber of negligent officials that I met on the 25^th April 2013, a day that will take time to fade away from my mind