
10 JANUARY 2020
Post-colonial Africa finds itself at a crossroads of opportunity and disaster. On the one hand, Africa continues to boast rich mineral resources, on the other African states are riddled by the paranoid leadership of corrupt post-liberation governments that do not exist in the interests of the people or African independence.
The diagnosis of a self-enriching and unimaginative emerging petite bourgeoisie post the struggle for liberation by Frantz Omar Fanon rings true. He wrote pointedly in the Pitfalls of National Consciousness that “The leader pacifies the people. For years on end after independence has been won, we see him, incapable of urging on the people to a concrete task, unable really to open the future to them or of flinging them into the path of national reconstruction, that is to say, of their own reconstruction; we see him reassessing the history of independence and recalling the sacred unity of the struggle for liberation.”
This is the reality of African states today. They are rooted in the romance of history but unable to reconstruct an Africa that competes in the global world. Poverty is rife, developmental and industrialization levels are low and African economies dwindle into nothingness decade by decade. This is primarily because we seek to undo colonial underdevelopment done to us as a collective, as isolated and individual nations
President Kwame Nkrumah famously emphasized the importance of continental unity at the height of imperial domination of Africa. Nkrumah led Ghana to independence, but he understood that to attempt to forge an independent Pan-Africanist agenda, one that would free Ghana from the grip of dependency and underdevelopment by the West required a broad united front of African nations. It required a consolidated effort and solidarity, where African resources were used to build African economic sovereignty, and place Africa as a global superpower.
Perhaps more importantly, in order to develop as Africans, grow our economies there needs to be an understanding that we must structure ourselves and our sovereignty in accordance to our developmental needs as a continent. Borders and regressive immigration legislation do not form part of any progressive step towards this needed alternative approach. This is because the disunity of Africa is of direct benefit to Western powers that seek the continued exploitation of our resources and our isolation from global commerce. Our participation in the global economy is one that is unequal, where we export our raw minerals, and import produced goods.
It is for this reason that we fail to build our own factories, create our own cars and expand our own industries. The ruling party has consistently failed to grasp the importance of a Pan-Africanist approach to development, and it is for this reason that they have recently adopted and signed into law a reactionary Refugee Amendment Act.
This piece will not focus too much on how this Act and its provisions were smuggled and signed into law in what seems to be a consistent cowardice of gazetting important legislation during the festive period. Rather, it will expose how the Act itself lacks coherence and political logic, how it seeks to regulate the impossible and how it is a detrimental effort to locate South Africa outside the problems of Africa and its people.
It is a piece of legislation that builds a political wall between South Africa and the rest of the people of the continent and is consistent with the right wing shift that characterizes the ruling party today. The Act, which focuses on refugees and asylum seekers is a fascist denial of the political rights of immigrants.
One of the provisions which may lead to the cessation of refugee status under the act is the seeking of consular services by a refugee at any diplomatic mission of their country of origin or applying for any documentation or assistance from such missions. This means that should a refugee in South Africa go to their embassy seeking documents such as marriage certificates, birth certificates or proof of qualifications in terms of education, they risk deportation.
The act goes further to say that should a refugee vote in any election in respect to their country of origin (rights availed by Embassies), or participate in any political activity that relates to their country of origin, the cease their refugee status and risk deportation. This is not only ridiculous but extremely counter revolutionary and against the human right to freedom of expression. It leaves room for despots who rule nations at the expense of human rights in Africa to exist without opposition or mobilization in the international community.
Ironically it is the ruling party that during Apartheid utilized political mobilization of the international community as a tool to fight the regressive Apartheid regime. Today, if a refugee in South Africa attempts to mobilize support against the monarchy in eSwatini, a monarchy that is repressive and led to them fleeing and seeking asylum in South Africa, such a refugee will be deported. What then is the point of seeking asylum if one cannot attempt to change the political conditions that led to their fleeing from a repressive state in the first place?
What is the political logic behind such a provision and why does South Africa not want its populous to be engaged by political refugees in particular around the conditions they face in nations they flee from?
The Act not only fails to unpack the logic of these provisions, but also does not provide a framework for what constitutes political activity that may lead to deportation. Political activity, particularly in the modern age of technology comes in many forms. Therefore would a Facebook post or twitter status by a Zimbabwean asylum seeker denouncing the government of Zimbabwe constitute political activity? Would a picture of Bobi Wine in the household of a Ugandan refugee constitute dissent towards the Ugandan government? The Act dangerously provides no framework, which makes it extremely undemocratic as it leaves determinations to the discretion of the Ministry.
The Act goes further in its regression and reveals the real reason why it was smuggled while we were eating Christmas lunch. It stipulates a provision that prohibits the furtherance of the interests of any South African political party by refugees and asylum seekers.
This provision is in direct response to the resolution of the EFF to allow within its ranks the membership of all Africans and people of the diaspora.
The Pan-African character assumed by the EFF which was emphasized in its 2nd National People’s Assembly led to the ruling party gazetting with haste an Act which had no drafts preceding it that contained these reactionary provisions. The Act with the provisions would later be signed into law two days after being gazzeted.
The ruling party continues to place itself and our country outside the Pan-Africanist agenda championed by liberation heroes across the continent. It does this while auctioning our SOE’s and surrendering our independence further to capital.
The progressive left must therefore continue to not only mobilize itself within the country but across the continent, and undermine legislation that seeks to isolate and exceptionalize South Africa in Africa.
We must as a country root ourselves in the progressive history of solidarity with progressive struggles and not seek to undermine the political rights of those who seek refuge in our country.

