POLITICS

Govt's totalitarian creep

Andrew Donaldson on Rob Davies' Licensing of Businesses Bill

DARK mutterings at the Mahogany Ridge this week to the effect that government's totalitarian creep has now escalated into a frantic stampede of the sort typically associated with horses nearing a French or Belgian abattoir. 

What spurred the spluttered indignation was the plan by Trade and Industry Minister Rob Davies for government to mind our own business and further infantilise the citizenry with mindless bureaucracy. 

Opposition to the Licensing of Business Bill, gazetted last month for public comment which closed on Thursday, is widespread; detractors say it would make it more difficult for entrepreneurs to start businesses and would harm job creation.

True, there is the waffly effulgence of good intentions, of wanting to provide a national framework for processing business applications, and of building local government into "an efficient, frontline agency capable of integrating the activities of all spheres of government for the overall social and economic upliftment of communities".

Of particular concern, however, is that in terms of the proposals, not only will local and metropolitan municipalities now rule on the granting of business licences, but traffic policemen will be empowered to act as business inspectors, along with other authorities, with the power to monitor compliance and temporarily shut down trading and businesses. 

There is clearly an increased risk of abuse. As economist Chris Becker pointed out to the DTI in a letter demanding that the bill be scrapped in its entirety:

"For a ‘free' country, it also creates an excessive amount of power of the police and other government agents to interfere in people's private affairs. According to the bill, an inspector may ‘enter any premises' where there is a ‘reasonable suspicion' that a business is being conducted. It also means that police will have the power to raid and steal from poor and unsuspecting street vendors. It will also fuel corruption even further as government agents will be paid to stop harassing people."

Here at the Ridge, the regulars can already envisage, very much like the Assyrian, hordes of such botherers coming down, let's just say, on the tuck shop at President Jacob Zuma's Nkandla compound and giving first First Lady Sizakele Khumalo a rough time about loose cigarettes.

Despite the quaint folksiness of the practice, it is illegal in terms of the Tobacco Products Control Amendment Act to sell loose cigarettes or any tobacco product not in a package with the mandatory health warning. Maximum penalty here is a fine of R200 000 or a jail sentence.

There's a slew of existing legislation, such as the Customs and Excise Act, the Foodstuffs, Cosmetics, Disinfectants Act, and the Liquor Act, among others, that dictates what may or may not take place on business premises. 

It could well be the case that Davies' new proposed law is therefore rather unnecessary, but so what? That's how our lawmakers keep themselves out of mischief.

And speaking of mischief, the Nelson Mandela Centre of Memory has wisely chosen not to become embroiled in the controversy over the use of an image of the former president embracing veteran opposition MP Helen Suzman on a Democratic Alliance pamphlet with the legend, "We played our part in opposing apartheid."

Pressed for a comment on the pamphlet, chief executive Sello Hatang would only say the centre had previously cautioned about the former president being used for "commercialisation" or "narrow political interests" by quoting Madiba: "My name and my image are not for sale."

Others, of course, have not been as restrained. We won't mention any names, especially that of Marius Fransman, the Western Cape ANC leader, because he tends to get rather excited at such times and soils himself. Not literally, of course. Although we may never know.

It is entirely possible that some people actually believe the DA was trying to fool the electorate into thinking that Mandela was a member of their party. Next year, is after all, an election year and epidemics of stupidity do rage at such times. 

One could safely say that ANC spokesperson Keith Khoza has a bad case of it at the moment, what with his insistence that Suzman "enjoyed the comfort of apartheid Parliament" and "didn't take any action" against the Nats and their policies.

This is despite the fact that the pamphlet features this Mandela quote on Suzman: "Your courage, integrity and principled commitment to justice have marked you as one the outstanding figures in the history of public life in South Africa."

Still, had it been up to me I would have used a photograph of Morgan Freeman. Just for the sake of some peace and quiet.

This article first appeared in the Weekend Argus.

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