New South African Review 6

Wide-ranging essays demonstrate how the consequences of inequality extend throughout society and the political economy Despite the transition from apartheid to democracy, South Africa is the most unequal country in the world. Its extremes of wealth and poverty undermine intensifying struggles for a better life for all. The wide-ranging essays in this sixth volume of the New South African Review demonstrate how the consequences of inequality extend throughout society and the political economy, crippling the quest for social justice, polarising the politics, skewing economic outcomes and bringing devastating environmental consequences in their wake. Contributors survey the extent and consequences of inequality across fields as diverse as education, disability, agrarian reform, nuclear geography and small towns, and tackle some of the most difficult social, political and economic issues. How has the quest for greater equality affected progressive political discourse? How has inequality reproduced itself, despite best intentions in social policy, to the detriment of the poor and the historically disadvantaged? How have shifts in mining and the financialisation of the economy reshaped the contours of inequality? How does inequality reach into the daily social life of South Africans, and shape the way in which they interact? How does the extent and shape of inequality in South Africa compare with that of other major countries of the global South which themselves are notorious for their extremes of wealth and poverty? South African extremes of inequality reflect increasing inequality globally, and The Crisis of Inequality will speak to all those general readers, policy makers, researchers and students who are demanding a more equal world.

An evaluation of the ANC's second phase of the national democratic revolution. In the face of the continuing national tragedy of the inequality, poverty and unemployment which have triggered rising working-class discontent around the country, the ANC announced a 'second phase' of the 'national democratic revolution' to deal with the challenges. Ironically, the ANC post-Mangaung has resolved to preserve the core tenets of the minerals-energy-financial complex that defined racial capitalism - while at the same time ratcheting up the revolutionary rhetoric to keep the working class and marginalised onside. If the 'first phase' was a tragedy of the unmet expectations of the majority, is the 'second phase' likely to be a farce? The chapters in this volume are written by experts in their fields and address issues of politics, power and social class; economy, ecology and labour; public policy and social practice; and South Africa beyond its borders. They examine some of these challenges, and indicate that they are as much about the defective content of policies as their poor implementation. The third volume of the New South African Review continues the series by providing in-depth analyses of the key issues facing the country today.

About the publication This book addresses poverty, one of the important issues confronting Africa, from a multi-disciplinary approach. With contributions from eminent scholars from diverse backgrounds, the book explores poverty from a human rights perspective. Its central message is that poverty is not necessarily a failure on the part of an individual, but rather caused by the actions or inactions of governments, which are often exacerbated by structural inequalities in many African societies. This in turn requires a more pragmatic approach grounded in respect for human rights. Exploring the link between poverty and human rights in Africa will be useful to researchers, policymakers, students, activists and others interested in addressing poverty. Table of Contents PREFACE viii ACKNOWLEDGMENTS x CONTRIBUTORS xi 1. General introduction to poverty and human rights in Africa Ebenezer Durojaye & Gladys Mirugi-Mukundi 1 Introduction 2 Understanding poverty 3 Nexus between poverty and human rights 4 Significance of this book 4.1 The relevance 5 Overview of the book 5.1 Section I: Trends and incidence of poverty in Africa 5.2 Section II: Poverty and socio-economic rights 5.3 Section III: Poverty and vulnerable groups 5.4 Section IV: Poverty and access to justice 2. Integrating a human rights approach to food security in national plans and budgets: The South African National Development Plan Julian May 1 Introduction 2 Human rights and food security 3 Development planning and human rights 4 The components of budgeting for human rights 4.1 Diagnostic analysis 4.2 Identifying interventions and budget prioritisation 4.3 Estimating the financial costs of achieving food security 4.5 Estimating social and economic benefits 5 Public expenditure management for food security 5.1 Fiscal and monetary policy 5.2 Multi-year budgeting 6 Conclusion 3. Is South Africa winning the war on poverty and inequality? What do the available statistics tell us? Emmanuel Sekyere, Steven Gordon, Gary Pienaar & Narnia Bohler-Muller 1 Introduction 1.1 Income inequality in South Africa 2 Poverty and human development trends in South Africa 2.1 South African Social Attitudes Survey: Perceptions of poverty 2.2 Human development 3 Access to services 4 Addressing social inequality in South Africa 4.1 Addressing income inequality in South Africa 4.2 Addressing human development challenges 4.3 Addressing service delivery 5 Conclusion and summary of findings 4. Who really ‘state-captured’ South Africa? Revealing silences in poverty, inequality and structurally-corrupt capitalism Patrick Bond 1 Introduction 2 Inequality, the state and its ‘capture’ 3 The political economy of the capitalist state 4 World Bank inequality denialism 5 The fight between hostile brothers: The ‘Zuptas’ and ‘White Monopoly Capital’ 6 Social resistances 5. Poverty, women and the human right to water for growing food Ngcimezile Mbano-Mweso 1 Introduction 2 The human right to water 2.1 Recognition in international law 2.2 Definition and content: Is there a right to water for growing food? 2.3 Normative content of the human right to water for growing food 3 Conclusion 6. The link between environmental pollution and poverty in Africa Olubayo Oluduro 1 Introduction 2 Legal framework for the protection of the environment in Africa 3 Nature of environmental pollution in Africa 3.1 Environmental pollution in Africa: Case studies of some countries 4 Nexus between pollution and poverty 4.1 Environmental pollution leads to diversion of labour 4.2 Increased burden of disease in poor countries 4.3 Problem of food security 4.4 Right to safe drinking water 5 Protecting the environment to fight poverty and achieve the Sustainable Development Goals 6 Recommendations 6.1 Political commitment 6.2 Promotion of education and information sharing 6.3 Eliminating poverty 7 Conclusion 138 7. Alleviating poverty through retirement reforms Kitty Malherbe 1 Introduction 2 Poverty among older persons 3 Current social security provision for older persons 4 Arguments for the reform of the current retirement income system 5 Proposed retirement reforms 5.1 Comprehensive social security and retirement reform process 5.2 Reforms proposed by National Treasury 6 Constitutional principles guiding reforms 6.1 Coordinated approach 6.2 Inclusivity 6.3 Progressive realisation 6.4 Governance and accountability 6.5 Availability of resources 6.6 ‘Lifespan’ view to addressing poverty 7 Potential impact of social security and retirement income reforms 8. Disability, poverty and human rights in Africa: Opportunities for poverty reduction from the UN Convention on the Rights of Persons with Disabilities Enoch M Chilemba 1 Introduction 2 Poverty, disability and human rights link in Africa 2.1 Persons with disabilities in Africa: Among the poorest of the poor 2.2 Poverty, disability and human rights linkage 3 Utilising the opportunities from CRPD in countering obstacles relating to disability and poverty in Africa 3.1 Fostering equality and non-discrimination to reduce poverty 3.2 Fostering inclusive education to eradicate poverty 3.3 Enhancing employment in the open labour market to eradicate poverty 3.4 Ensuring social protection to reduce poverty 4 Conclusion 188 9.The co-existence of gender inequality and poverty Nomthandazo Ntlama 1 Introduction 2 SADC’s transformative vision in eliminating gender inequalities and poverty 2.1 Reducing poverty and eliminating gender inequality: A mammoth task 2.2 Towards a transformative region: Advancing the principles of the community of nations 3 Conclusion 10. The potential of the African human rights system in addressing poverty Bright Nkrumah 1 Introduction 2 Norm creation and norm enforcement: Issues and implications 2.1 Normative framework for addressing poverty 2.2 African Charter on Human and Peoples’ Rights 2.3 Little angels: African Charter on the Rights and Welfare of the Child 2.4 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 3 Other instruments relating to poverty 3.1 AU Convention on Preventing and Combating Corruption (Anti-Corruption Convention) 3.2 Declaration on Employment and Poverty Alleviation in Africa 3.4 Comprehensive African Agriculture Development Programme 4 Institutional frameworks for addressing poverty 4.1 African Commission on Human and Peoples’ Rights 4.2 African Committee of Experts on the Rights and Welfare of the Child 4.3 African Court on Human and Peoples’ Rights 4.4 Need for complementarity: The road not taken 5 Other related mechanisms 5.1 New Partnership for Africa’s Development 5.2 African Peer Review Mechanism 6 International best practice dealing with poverty 7 Concluding reflections 11. Realising access to justice for the poor: Lessons from working with rural communities Victoria Balogun 1 Introduction 2 What is access to justice for the poor? 3 How are non-profit organisations such as the Centre for Community Justice and Development promoting access to justice in South Africa post-1994? 4 Are there any barriers to access to justice and do they have any implication(s) for the poor in poor communities? 5 The intersection between poverty and access to justice for poor communities 6 Access to justice, the role of legal aid offices and the commitment to serve the poor in poor communities 7 Equality and access to justice for the poor 8 Conclusion 12. The role of the South African Human Rights Commission in ensuring state accountability to address poverty Rachael Adams 1 Introduction 2 Poverty and human rights 2.1 International human rights law 2.2 Poverty and human rights in South Africa 2.3 Socio-economic rights 3 What do we mean by state accountability? 3.1 State accountability 4 South African Human Rights Commission 4.1 Mandate and functions 4.2 Reporting requirements 5 Structures of accountability 5.1 Complaints 5.2 Reporting 6 Inequality and intersectional discrimination 6.1 Interdependence of rights and the role of government 7 Conclusion: The role of the South African Human Rights Commission

The second volume of the New South African Review (NSAR) continues a tradition of debate and critical, analytical scholarship about contemporary South Africa. Drawing on authors from academia and beyond, it aims to be informative, discursive and provocative. In this volume, the New Growth Path (NGP) adopted by the South African government in 2010 provides the basis for a debate about whether "decent work" is the best possible solution to South Africa's problems of low economic growth and high unemployment. Rising inequality is explored against the backdrop of the failings of Black Economic Empowerment (BEE) and Broad-Based Black Economic Empowerment (BBBEE). The NGP's proposals for "greening the economy" are discussed, with emphasis on the creation of "green jobs" and biofuels. The volume also includes investigations into the crisis of acid mine drainage on the Witwatersrand, and other persistent environmental challenges. Possibilities for participatory forms of government are surveyed, and civil society activism is explored in relation to the South African Broadcasting Corporation (SABC) and environmental campaigns. The crisis in child care in public hospitals, the difficulties that characterize attempts at building relationships between the police and a township community, and the problems related to the absence of legislation to govern the powers of traditional authorities over land allocation (through the experience of the Eastern Cape) are also featured. Asking whether the NGP reflects a set of new policies or an attempt to re-dress old (com)promises in new clothes, this volume brings together different voices in debate about possibilities for alternatives to neo-liberal and capitalist development in South Africa.

In 1977, RW Johnson's best-selling How Long Will South Africa Survive? provided a controversial and highly original analysis of the survival prospects of the apartheid regime. Now, after more than twenty years of ANC rule, he believes the situation has become so critical that the question must be posed again. He moves from an analysis of Jacob Zuma's rule to the increasingly dire state of the South African economy, concluding that the country is heading towards a likely International Monetary Fund bail-out which will in turn lead to a regime change of some kind.

A series of essays explaining the impact of the events at Marikana upon the South African perspective of police and the keeping of order. This fifth volume in the New South African Review series takes as its starting point the shock wave emanating from the events at Marikana on 16 August 2012 and how it has reverberated throughout politics and society. Some of the chapters in the volume refer directly to Marikana. In others, the influence of that fateful day is pervasive if not direct. Marikana has, for instance, made us look differently at the police and at how order is imposed on society. Monique Marks and David Bruce write that the massacre 'has come to hold a central place in the analysis of policing, and broader political events since 2012...'. The chapters highlight a range of current concerns - political, economic and social. David Dickinson's chapter looks at the life of the poor in a township from within. In contrast, the chapter on foreign policy by Garth le Pere analyses South Africa's approach to international relations in the Mandela, Mbeki and Zuma eras. Anthony Turton's account, 'When gold mining ends' is a chilling forecast of an impending environmental catastrophe. Both Devan Pillay and Noor Nieftagodien focus attention on the left and, in different ways, ascribe its rise to a new politics in the wake of Marikana. The essays in NSAR 5: Beyond Marikana present a range of topics and perspectives of interest to general readers, but the book will also be a useful work of reference for students and researchers.