Roman Dutch law forced down our throats with genocidal force - John Hlophe
John Hlophe |
05 August 2024
In OPA debate MKP LOO challenges MPs to name a single country in Europe governed by African law
Speech by John Hlophe, parliamentary leader of the MK Party, in the debate on the President’s Opening of Parliament Address, Cape Town, 19 July 2024
UNREVISED HANSARD
JOINT SITTING
FRIDAY, 19 JULY 2024
Dr M J HLOPHE: Madam Speaker, in view of time constraints, I will simply say all protocol observed. Thank you - in view of time constraints. I rise here on behalf of MK Party, the party which I lead in Parliament to respond to the speech that was made by the President last night. Our position is as follows: The establishment of the Government of National Unity is singularly a very cruel joke by the Ramaphosa faction of the ANC and the DA, perpetuated against the oppressed and downtrodden masses of our people.
Our people are painfully aware that it would be impossible to create a united nation in South Africa unless the legacy of colonialism and apartheid was addressed. For a very long time, South Africans have been constituted by two nations, one black, poor and economically disempowered and excluded, and the other white, rich and in command of most of the means of production, material and incorporeal resources and advantages of our society. These are not my words; these are the words of the former President Thabo Mbeki. He uttered these words many years ago, and nothing has changed. [Applause.] Nothing has changed fundamentally since Thabo Mbeki made those remarks.
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My question to you, President, is this: Through what magic do you hope to forge a national unity of the oppressor and the oppressed, the exploiter and the exploited ... [Applause.] ... the rich, capitalist and the toiling and exploited working class? Our position is very clear: When the ANC could not secure majority it became desperate, and the so-called Government of National Unity was no more than a desperate and deliberate attempt to hold on to power. That’s what it’s all about.
Now, if the ANC formed the so-called Government of National Unity on the basis that it was the largest party, you ask yourself, why was that principle not extended to the province of KwaZulu-Natal? [Applause.] It is a fact that the MK Party always won the province of KwaZulu-Natal convincingly. [Applause.] We know that and it is a fact.
Now, if there was consistency in the principle on the party which has the largest majority, one would have expected that to be done in KwaZulu-Natal. The students of political science, Mr President, will tell you a simple fact, you don’t form a Government of National Unity when there is no crisis. A Government of National Unity is formed when there is a crisis. We had it in 1994 in this country because there was a crisis, and we were emerging from apartheid. There is no crisis - the only crisis is that the ANC has lost the majority.
We understand why the ANC has lost the majority and you know it too. What I find striking is this: There were so many parties that campaigned openly against the ANC. There were many parties that said they will never work with the ANC, but when they were offered blue lights, they suddenly fell in love with the ANC. [Applause.]
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Quite frankly, I respect someone like Minister Gayton McKenzie, whose views were always clear. He said he will work with any party, and he has been consistent in that regard. There are parties here which campaigned against the ANC, but when the opportunity to be on the gravy train came, they went for it. [Applause.]
The MK Party is very clear. We are aware that your propagandists have been spreading the lie that a national unity government in South Africa could help deepen democracy because it means no one political party can impose this agenda on all and sundry, but we are not fooled, Mr President, we are not fools.
It is very clear that the DA has a veto power in respect of the so-called Government of National Unity. [Applause.] The MK Party was excluded and denied participation in the sellout GNU because we do not agree with the ANC and the DA racist on many fronts. In our manifesto we were loud and clear, I quote: “The MK Party is committed to transformative change across all sectors of South African society. Our policies are designed to address the most pressing challenges we face today ... [Interjections.]
The SPEAKER: Order! Order, hon members! Can we all be in order and allow the speaker on the podium to proceed?
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Dr M J HLOPHE: I will go back to our manifesto:
The MK Party is committed to transformative change across all sectors of South African society. Our policies are designed to address the most pressing challenges we face today, economic inequality, inadequate access to quality education and healthcare, national security threats, inequitable land distribution and the need for robust traditional leadership and foreign policies that reflect our values and aspirations. Through our manifesto as the MK Party, we aim to lay down a clear path towards a more equitable, secure and prosperous future for all South Africans.
The restitution of land to black South Africans remains a yardstick against which the sellout ANC and DA GNU’s performance will be measured. Land has symbolic value to us; it means so much to us. As President Mandela once said in 1995: “With freedom and democracy, came restoration of the right to land, and with it, the opportunity to address the effects of centuries of dispossession and denial.” In a similar vein, president Luthuli of the ANC once declared the following, he said: “Without land there is no dignity”. [Applause.]
Our own President, Umsholozi, said the following ...
At this point I want to recognise our traditional leaders who are here as part of the MK Party because in MK Party we believe that the land belongs to the nation and the land belongs to the people. [Applause.] His Majesty the King of the Khoi and the San people, Glen Taaibosch, His Majesty King Dalindyebo Matutu, His Majesty King Zwelethu Mthethwa is here and finally, our own president is a king, ubaba uZuma ... [Interjections.] ... yes, he is ... [Interjections.]
The SPEAKER: Order! Hon members ... hon members, when we are hackling, we can do so without drowning the speaker. If we want to converse among ourselves, we can also do so without drowning the speaker. Can we please allow the speaker to proceed?
Dr M J HLOPHE: Our position is very clear: The MK Party was formed because we believe that the ANC of Ramaphosa is not capable of delivering, it has failed dismally ...
The SPEAKER: Order! Hon speaker, can you take a seat? Hon Ndlozi, what’s the point of order?
Dr M Q NDLOZI: Hon Speaker, there are people in the House who are drowning the speaker. We never disrupted anyone ... [Interjections.]
The SPEAKER: Order, hon members! I want to hear the point of order. What is the point of order, hon Ndlozi?
Dr M Q NDLOZI: I am saying that you are not protecting the speaker on the podium, he is being drowned ... [Interjections.]
The SPEAKER: I’ve just done that ... [Interjections.]
Dr M Q NDLOZI: ... because people are losing their heads here, I don’t know. You lost votes and now you are losing your heads. Listen to the hon judge with discipline ... [Interjections.]
The SPEAKER: Order! Order! Hon Ndlozi, take your seat ... [Interjections.]
Dr M Q NDLOZI: ... please, protect the speaker on the podium ... [Interjections.]
The SPEAKER: ... take your seat! Order, hon members! When we make points of order, we do just that, we don’t have a debate. Can we now ask the hon Hlophe to proceed with his speech.
Dr M J HLOPHE: Thank you very much, Madam Speaker, and I am going to proceed ... [Interjections.]
The SPEAKER: Order! The Chief Whip of the DA, what’s your point of order?
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I believe during his point of order, the hon Ndlozi referred to the speaker at the podium, the Leader of the Opposition, as judge Hlophe. I don’t think that an impeached judge can be called a judge anymore. Thank you, Madam Speaker ... [Interjections.]
The SPEAKER: Order! Order, hon members! Hon members, I have ruled. Can we all be in order and allow the speaker on the podium to proceed? Hon member, you have your point of order?
Dr M J HLOPHE: Well, I am not going to decern to that level, I have better titles ... [Interjections.]
The SPEAKER: Hon speaker, can you take your seat. Yes, hon member, what is your point of order?
Dr M J HLOPHE: Thank you, Madam Speaker. Mr President, in 2022 the World Bank reported that South Africa is a country which has a problem to do with inequality. It reported that 80% of the country’s wealth was in the hands of 10% of the population, and it is the black population who factor most in the poorest category. The report places the blame for the income disparities directly on race. The legacy of colonialism and apartheid rooted in Russia segregation continues to reinforce inequality in South Africa - the report stated.
This is clear proof that the end of formal apartheid in 1994 did not end the real problems that we have in this country. Against that, I’m asking you, President, how are you hoping to sustain the so-called Government of National Unity when your interests are fundamentally and diametrically opposing the so-called Government of National Unity?
As the MK Party, who are interested in genuine and real transformation of South Africa, this cannot simply mean having a nice toothless constitution or so-called world’s best constitution. We are not and can never be satisfied with our judges regurgitating Roman law, which was imported into this country through the genocidal force and forced down our throats.
When we were colonised, we had our own systems of justice in place, African customary law, which is close to our heart. Colonisation brought with it a foreign legal system, Roman Dutch law, and this was done in order to protect and preserve the interest of those who colonise us.
I challenge you to give me a single country in Europe which is governed by African law - a single country in Europe which is governed by African law. If you can’t tell me, why do we allow Roman Dutch law, which does not reflect the views and the aspirations of the majority of the people in this country? Why do we allow that to be a system in place? The conclusion is inescapable that that legal system is there to preserve the interest of the privileged white minority in South Africa at the expense of millions of poor black people that we represent in this Parliament.
It is our considered view that the speech that was delivered by the President yesterday fails on so many fronts. The President mentioned building infrastructure in rural areas. I don’t know when that is going to start. He has never done it before, what would make us believe that he would suddenly now focus on rural areas as a priority? Why would he suddenly do that now? You have never done it before, Mr President.
It is our considered view that if we want to bring about fundamental changes, we need to invest in infrastructure, particularly in rural areas. Now the problem is where is money going to come from, because we keep borrowing money every day, Mr President.
Our view is further that we need serious agrarian revolution in this country to turn things around in agriculture. We need agrarian revolution which has been lacking. Rural areas in the main have not been taken seriously. Whilst of course the struggle continues for section 25 of the Constitution to be amended, we are not apologetic about our stance. We remain firm that section 25 of the Constitution must be amended. It is our considered view ... [Applause.] Thank you. It must be amended to make provision for expropriation of land without compensation. That’s the only way we can redress imbalances of the past and ensure that each and every South African has access to land in this country.
Once there is access to land, so many of the problems that we have will be dealt with. For example, there will be no influx control. We all know people leave rural areas because they are not developed and are poorly resourced. They leave rural areas and go to big cities like Cape Town, Durban and Johannesburg, looking for better opportunities. When they get there, there are no opportunities. If land were to be restored to our people, they will be confined in those areas, provided they are developed. There will be no need for them to leave those areas and go to urban areas. [Applause.]
Furthermore, access to land will ensure that everybody has bread on the table. I know there are members in some of the parties who would say there is Ingonyama Trust land, for example, in KwaZulu-Natal and that land is not being used. That is clearly a lie. People who live in those areas are not dependent on your R350 per month, Mr President. They are serious farmers, they practice subsistence farming in those areas, they are not dependent on your R350 for them to live. We need to invest in agrarian revolution and make sure we turn things around.
The other way of generating jobs, which is covered in our manifesto, we should reintroduce compulsory militant training that will absorb our young men and women who have no jobs and teach them to be disciplined. It will immediately turn things around, there is no question about it.
We clearly need to reduce spending as a result of this bloated Cabinet. It’s all about blue lights, fancy cars, and you have forgotten the reason why you were elected, Mr Ramaphosa, in the first place. You have forgotten the reasons. To put it bluntly, you have sold out. [Applause.]
We, in the MK Party, will continue to fight for section 25 of the Constitution to be amended. We will continue to fight for the improvement of the quality of the lives of our people, particularly those who live in rural areas who are by and large black – and I am using the term ‘black’ generically. Until those aspirations we will continue to fight, we will do it in a peaceful and lawful manner.
There are parties here, some of them are in the Government of National Unity - I’ve heard some Ministers advocating the death penalty. That is unconstitutional and nobody has said they are acting unconstitutional. [Applause.] The death penalty was outlawed in this country way back in 1995. Now to find a Cabinet Minister advocating death penalty without the Constitution being amended is ridiculous. Where we come from in the MK Party, we will continue to act within the law, and it is our right as politicians to act within the law so that the law can be changed to benefit the majority of the people in this country. [Applause.]
Until such time that Africa and Africans are free, the struggle will continue, and insulting us and howling at us and or pretending that we are talking nonsense is not going to help as long as the question of land is not being addressed in this country ... [Interjections.] ... as long as the question of land is not being addressed seriously, as long as we are being ridiculed, we will continue to fight. That is why, for example, we are challenging these election results because they were rigged ... [Interjections.] ... They were rigged. We know as a fact and we won certainly convincingly, even in KwaZulu-Natal, and we know that as a fact. Our votes were stolen and given to certain people who are now comfortably. We will continue with the fight until such time that we get our land back. Thank you. [Applause.]