The Economist (2022-02-26) Riva

46 Middle East & Africa TheEconomistFebruary26th 2022

Tirades from a faction of the African

National Congress (anc) have been echoed

by the Economic Freedom Fighters (eff),

anopposition party led by Julius Malema, a

race-baiting former head of the anc‘s

youth wing. His calls to grab land from

white farmers influence the left of the rul-

ing party. Mr Malema has described judges

as “traumatised old people”. An eff mp

called the country’s chief prosecutor, Sha-

mila Batohi, a “renowned Indian racist”.

Why the increase in vitriol? One reason

is what Hugh Corder, also of uct, calls “the

burgeoning scourge of ‘Lawfare’”. As the

presidency and parliament have proven

inept, and as politics has become more

fractious, courts have been asked to step

in. Dikgang Moseneke, who retired from

the Constitutional Court in 2016, notes

that, towards the end of his tenure, “our

democratic system appeared to have lost

the capacity to mediate conflict at sites

other than the courts of law”. When one

side loses they attack the referee. Mr Mose-

neke adds that political elites have every

reason to fight their battles in court be-

cause taxpayers cover their legal costs.

Yet complaints about overbearing

courts are often cloaks for self-interest. Mr

Zuma is already on trial for fraud and brib-

ery, on charges dating back to the 2000s.

He and his allies may face prosecution for

graft during his presidency. Senior figures

in and close to the effare alleged by South

African journalists to have been involved

in defrauding a bank (the party denies

wrongdoing). Such people are naturally

keen to weaken a legal system that may de-

cide their fate.

It would help if those meant to defend

the courts did a better job. The recently re-

tired chief justice, Mogoeng Mogoeng, was

absent for much of the past year, in part be-

cause he was spreading the gospel as a lay

preacher. He did a poor job of chairing the

Judicial Services Commission (jsc), a body

of lawyers and political appointees that ad-

vises on judicial appointment. In recent

years the highest court has rarely been at

its full complement of 11 judges. It current-

ly has three vacancies. None of the white

candidates were shortlisted, seemingly be-

cause of their race. Interviews of potential

successors to Mr Mogoeng became dis-

graceful political theatre led by Mr Malema

and Dali Mpofu, a former chair of the eff

and lawyer for Mr Zuma. One judge was ac-

cused without evidence of being a sexual

predator; another of being too political.

Mr Ramaphosa, who helped draft the

constitution in the 1990s, should be doing

more to defend the judiciary. He ought to

have fired Ms Sisulu, who took an oath to

defend the constitution she now attacks.

He has dawdled over picking a new chief

justice, whom he can appoint without a

recommendation from the jsc(by law he

just needs to consult the body).

NicoleFritzoftheHelenSuzmanFoun-

dation,anngo,worriesthatdifficulties

facedbywhitesandthoseofIndianorigin

ingettingseniorjudicialjobs,andtheper-

sonalattacksonjudgesofallraces,mean

thatgoodcandidateswillstopapplying.

Shefearsthe“longbutirreversibledecline

ofthejudiciary”.MrdeVosfretsthatSouth

AfricamaybecomelikeIndia,whereaju-

diciaryoncelaudedforprogressivejudg-

mentshasbeenunderminedbypoliticians

withauthoritariantendencies.

Forawhilethecourtswereoneofthe

fewinstitutionsthatretainedtheconfi-

denceoftherainbownation.Nolonger.In

2006 nolessthan69%ofSouthAfricans

saidtheytrustedcourts“alot”or“some-

what”,accordingtoAfrobarometer,apoll-

ster.Todayjust42%saytheydo.Itisafind-

ingthatshouldworryliberals—andcheer

MrZumaandMrMalema.

JihadistsinwestAfrica

Linesinthesand

A

dronewhirsoverheadasIvorianspe-

cialforcescreep outoftheunder-

growthtowardsa mockvillage.French

trainerswatchclosely.Nearby,Ghanaian

commandosroardownadustyroadbefore

anexplosionsendsthemretreatingunder

the gazeof British soldiers. Operation

Flintlock, an annual counter-terrorism

trainingexercise,appearstobegoingjust

asitshould:regionalforceslearningfrom

grizzledWesterncommandos.

YetFlintlockalsoencapsulatessomeof

theweaknessesunderminingtheWest’s

effortstotrainlocalarmiestodefeattheji-

hadistswhohaveoverrunlargepartsof

BurkinaFaso,MaliandNigerandarenow

attackingplacestothesouth(seemap).

Theseincludealackofleadershipbycoun-

triesintheregion,atroublingretreatfrom

democracyandfailedeffortstowinthe

supportofdisgruntledpopulations.

FlintlockismeanttobeAfrican-led.It

isanythingbut.IthasbeenlargelyWestern

troops,ratherthanforcesfromtheregion,

thathaveshapedstrategiestofighttheji-

hadistsintheSahel.Meanwhiletroops

fromthetwoworst-hitcountries—Burkina

FasoandMali—didnotattendFlintlock.

Thisisbecauseinbothcountriescolonels

(whohadattendedpreviousFlintlockexer-

cises)havebootedouttheelectedgovern-

mentsincoups.

Whatismore,Flintlockisagoodexam-

pleofabroadfailuretocommunicatewith

local populations,something thecom-

mandosrunningtheexerciserepeatedly

sayisthekeytodefeatinginsurgencies.

Foreigncorrespondentswerefreetohang

aroundduringtheexercises,butlocaljour-

nalistswereonlyallowedtoattendthe

openingceremony.

Suchweaknesses have graveconse-

quences.TakeMali,whichislosingitsbat-

tleagainstthejihadists.Afteritselected

governmentfailedtostemtheviolence,ar-

myofficerscheeredonbyprotestersboot-

editout.Unabletodoabetterjob,thejunta

hasinsteaddeflectedblameforitsfailure

ontoFranceandwelcomedRussianmerce-

naries.OnFebruary17thFranceandits

Europeanalliessaidtheywouldpulltheir

troopsoutofMali,whichseemstohave

beenlargelylosttotheinsurgency.Rear

AdmiralJamieSands,theheadofAmerican

specialforcesinAfrica,concedesthatjiha-

distsarealreadyabletomovearoundmost

ofthecountryunimpeded.

WithMaliallbutwrittenoff,thefront

linesareshifting.InBurkinaFaso,where

lastyearmorepeoplewerekilledthanin

Mali,manyhopethejunta willbemoreef-

fectiveatfightingjihadiststhantheelect-

edgovernmentitdisplaced.Totheeast

MohamedBazoum,Niger’spresident,wor-

riesthatwithoutFrenchtroopsinMali,his

JACQUEVILLEANDABIDJAN

Coastalstatesarebracingthemselves

forajihadiststorm

SA HEL

NIGER

MALI

BURKINA

FASO

NIGERIA

IVORY

COAST

GUINEA

MAURITANIA

GHANA

BENIN

TOGO

2018

Bamako

SAHEL

NIGER

MALI

BURKINA

FASO

NIGERIA

IVORY

COAST

GUINEA

MAURITANIA

GHANA

BENIN

TOGO

Abidjan

Gulf of Guinea

2021-22†

Jacqueville

SAHEL

Deaths*  2

Deadly events involving jihadist groups



Sources:ACLED;

JoséLuengo-Cabrera

*Incl.allreportedcivilianand

combatantdeaths†ToFeb6th 500 km