Category Archives: Africa

Zambia – Authoritarian slide continues under President Lungu as opposition MPs are suspended

The Speaker of the Zambian National Assembly, Patrick Matibini, has suspended 48 opposition legislators for 30 days as a punishment for unauthorised absence from the parliament. Their offence? To have been missing for President Edgar Lungu’s state of the nation address in March.

The suspension of the MPs does not come as a great surprise. Hardliners from the ruling Patriotic Front have been pushing for something along these lines for some time. The ruling party was quick to try and disassociate itself from the Speaker’s actions. But, as Zambian commentators have pointed out, the action fits into a broader web of measures designed to intimidate those who question the president’s authority.

The most significant was the arrest of opposition leader Hakainde Hichilema, who remains in jail on trumped up treason charges.

While the latest development in Zambia’s growing political crisis doesn’t come as a shock, it will disappoint those who were hoping that Lungu would be persuaded to moderate his position. Instead, it appears that the International Monetary Fund’s decision to go ahead with a bail out package despite the government’s democratic failings has emboldened the president to pursue an authoritarian strategy.

As a result, a swift resolution to the current political standoff seems unlikely.

Roots of the crisis

For some time Zambia was considered to be one of the more competitive democracies in Africa. But a period of backsliding under Lungu has raised concerns that the country’s inclusive political culture is under threat. The current impasse stems from the controversial elections in 2016 when Lungu won a narrow victory that remains contested by the opposition United Party for National Development.

Hichilema, the leader of the United Party for National Development, has stated that his party will not recognise the legitimacy of Lungu’s victory until its electoral petition against the results is heard in court. The initial petition was rejected by the Constitutional Court. But its decision was made in a way that had all the hallmarks of a whitewash. The UPND subsequently appealed to the High Court. Hichilema’s decision to make his party’s recognition of the president conditional on the petition being heard was designed both as an act of defiance, and as a means to prevent the government from simply sweeping electoral complaints under the carpet.

Until the court case is resolved, the opposition is committed to publicly challenging the president’s mandate by doing things like boycotting his addresses to parliament. In response, members of the ruling party have accused the United Party for National Development of disrespect and failing to recognise the government’s authority. It is this that appears to lie behind Hichilema’s arrest on treason charges.

Punishing parliamentarians

The suspension of United Party for National Development legislators needs to be understood against this increasingly authoritarian backdrop. It is one of a number of steps taken by those aligned to the government that are clearly designed to intimidate people who don’t fall into line. Other strategies include public condemnation of the government’s critics and proposals to break-up the influential Law Society of Zambia.

Efforts by the president’s spokesman to disassociate the regime from the suspensions have been unpersuasive. The official line of the ruling party is that the speaker of parliament is an independent figure and that he made the decision on the basis of the official rules. It’s true that the speaker and the parliamentary committee on privileges, absences and support services have the right to reprimand legislators for being absent without permission.

Nonetheless the argument is disingenuous for two reasons. The speaker is known to be close to the ruling party, a fact that prompted Hichilema to call for his resignation earlier this year. And the committee’s decisions are clearly driven by the Patriotic Front because it has more members from it than any other party.

The claim that the suspension was not government-led lacks credibility. This is clear from the fact that Patriotic Front MPS have been the most vocal in calling for action to be taken against boycotting United Party for National Development MPs.

IMF lifeline for Lungu

There are different perspectives on the crisis in Zambia. Some people invoke the country’ history of more open government to argue that Lungu will moderate his position once the government feels that the opposition has been placed on the back foot. Others identify a worrying authoritarian trajectory that began under the presidency of the late Michael Sata. They conclude that things are likely to get worse before they get better.

One of the factors that opposition leaders hoped might persuade President Lungu to release Hichilema and move discussions back from the police cell to the negotiating chamber was the government’s desperate need for an economic bail out. Following a period of bad luck and bad governance, Zambia faces a debt crisis. Without the assistance of international partners, the government is likely to go bankrupt. This would increase public dissatisfaction with the Patriotic Front and undermine Lungu’s hopes of securing a third term.

But the willingness of the IMF to move towards the completion of a $1.2 billion rescue package suggests that authoritarian backsliding is no barrier to international economic assistance. In turn, IMF support appears to have emboldened the government to continue its efforts to intimidate its opponents.

IMF officials, of course, will point out that they are not supposed to take political conditions into account and that their aim is to create a stronger economy that will benefit all Zambians. This may be true, but the reality is that by saving the Lungu government financially the IMF is also aiding it politically. Whatever its motivation, the agreement will be interpreted by many on the ground as tacit support for the Patriotic Front regime, strengthening Lungu’s increasingly authoritarian position.

Nic Cheeseman, Professor of Democracy, University of Birmingham

This article was originally published on The Conversation. Read the original article.

Guinea-Bissau – Sanctions loom as president refuses to appoint new prime minister

Despite growing international pressure, president Vaz continues to refuse to appoint a new prime minister. The president has recently announced he will not dismiss sitting prime minister Embalo and has declared a “war against his enemies”. The United Nations Security Council is now threatening to take “necessary measures” if the situation deteriorates.

In a statement issued on 11 May, the members of the Security Council “expressed their deep concern over the protracted political and institutional crisis in Guinea-Bissau as a result of the inability of political stakeholders to reach a lasting and consensual solution, leading to the current gridlock”. The Security Council urged the president to appoint a prime minister whose selection respects the provisions of the Conakry Agreement.

According to the 2016 Conakry agreement, Vaz was required to appoint a new prime minister acceptable to all the various factions who would then name a new national unity government. Under the agreement, the new prime minister was to remain in office until the 2018 legislative elections. However, the president appointed Embalo without the approval of the PAIGC, the main party of the country which rejected the nomination and refused to participate in the government.

The root cause of the political crisis is the ongoing power struggle between president Vaz and former prime minister and party leader Pereira within the PAIGC. It transformed into an institutional crisis after Vaz fired prime minister Pereira in 2015. Since then, the country has had four prime ministers who were either supported by the president’s faction or by the one of Pereira. Despite international efforts, including the Conakry Agreement, the crisis is far from over.

The Community of West African States (ECOWAS) has set 25 May 2017 as a deadline for the president to appoint a new prime minister and threatened to impose sanctions against “those responsible for blocking the Conakry Accord”. ECOWAS did not give further details who might be targeted and what specific sanctions would be applied. The important question now is whether sanctions will force both men to the negotiating table.

On June 1st seven political parties, including the PAIGC signed a petition, urging ECOWAS to take “clear measures with immediate effect” to end the political crisis in the country. Guinea-Bissau’s second-largest party, the PRS has refused to sign the petition. Meanwhile, several mass demonstrations against the president have taken place in the capital Bissau. The protestors hold Vaz responsible for the ongoing crisis and demand his departure.

Vaz came to power in 2014 after winning a national election. Legislative and presidential elections are scheduled for 2018 and 2019, respectively.

Tanzania – President Magufuli versus the investors

In a single day last week, shares in the Tanzania-focused gold miner Acacia mining plummeted, falling 30 percent.

This collapse came after a special presidential probe committee issued a report alleging that containers of mineral concentrates currently being held at the Dar es Salaam port contain ten times more gold than previously declared by Acacia. The committee report also identifies significant amounts of silver, cooper, sulphur and other “strategic minerals”.

It recommends that the Tanzania government reinforce its ban on mineral concentrate exports—first imposed last March—until the right royalties are paid to the State. It further stipulates that the government should ensure the construction of smelters to process the mineral sands and allow the identification of all minerals present in the concentrates.

Following the report’s release, President Magufuli quickly responded by extending a ban on the export of mineral concentrates. He also sacked his Minister of Energy and Minerals.

The committee’s recommendations, as well as Magufuli’s swift response, are consistent with the President’s stated commitment to a form of resource nationalism, which through increased revenue generation, is meant to help finance ambitious infrastructure projects and industrial expansion.

The report was applauded by domestic observers and politicians of all political stripes. There was strong enthusiasm for disciplining investors who have long been accused of exploiting Tanzania’s resources, either through illicit mineral smuggling or as a result of the unfair contracts and legal framework adopted under World Bank supervision in the late 1990s and early 2000s. Indeed, the latest actions taken by the Magufuli administration are testament to the distance travelled since former President Mkapa (1995-2005) asserted, “I get complaints that we are being too generous in legislating for this foreign direct investment in the mining sector, but we provide very serious security.”

There is still ample room to question, though, whether the Magufuli administration will be able to proceed with its current agenda. For one, Acacia vehemently contests the committee report’s findings regarding the amount of minerals in the containers due for export. Domestically, some politicians, including the CCM stalwart and former Attorney General Andrew Chenge, question whether plans to construct a smelter are financially viable. The opposition Chief Whip and current President of the Tanzania Law Society has also argued that, while the government is right to highlight the iniquitous nature of contracts with companies including Acacia, there needs to be a more fundamental reform of the legal and fiscal regime governing the mining sector before government can pursue the policies currently being proposed. He advised that, “[I]f we don’t abandon [unfair laws and contracts] first”, then international investors “are going to come back and we will pay big time.”

Acacia has already signalled it plans to suspend production at its two mines in Tanzania with many observers projecting a long, drawn-out legal battle in international courts. Tanzania’s Prime Minister, meanwhile, has recently sought to quell mining investors’ fears, promising “no one will be oppressed as your rights will be protected.” While this may not be a particularly reassuring statement in light of the actions already taken by government, it nevertheless suggests the Magufuli administration may be looking to tread more carefully going forward. What is more, the government is still awaiting a report from a second presidential probe committee. Whereas the first committee, the one that has already reported, was made up of geologists and scientists, the second is composed of economists and lawyers. It is tasked with assessing the financial and legal constraints faced by government and is expected to make policy recommendations accordingly.

Magufuli has shown his ambition to renegotiate Tanzania’s relations with foreign investors and, in so doing, to free the country from an exploitative relationship. For that, he is rightly applauded. But as has proved the case with many of the President’s actions to date, his latest efforts to gain the upper hand over mining investors demonstrate more brash self-assertion than strategic nous.

As some of his critics suggest, there is a need for a long game, one that involves difficult negotiations and fundamental legal reforms. Otherwise, the fire driving a resurgent resource nationalism could fizzle fast.

 

 

 

Senegal – Sall vs. Sall

Senegal is preparing for legislative elections on July 2, 2017. In the country’s semi-presidential system, the prime minister and cabinet are responsible to both the president and the legislature. A legislative majority in opposition to the president can force out the prime minister and cabinet through a vote of no confidence. This could theoretically result in a situation of cohabitation – where a president and prime minister from opposing parties/coalitions have to share executive power.

Senegal has never experienced cohabitation and President Macky Sall surely hopes he will not be the first president to explore this uncharted territory. A new opposition coalition with the participation of Dakar’s mayor Khalifa Sall (no family relation) hopes to the contrary to wrestle away the majority from the presidential coalition in the July elections.

President Sall’s coalition, Benno Bokk Yaakaar (BBY), controls a comfortable majority of 119 seats in the sitting 150-seat unicameral legislature, with the remainder distributed across 12 parties or coalitions. With two years remaining of his first, seven-year term, will Macky Sall be able to maintain control of the National Assembly in the upcoming polls?

The government’s performance record appears at face value to be good. The economy is doing well, with above 6 percent growth in Gross Domestic Product (GDP) over the past two years, a trend the International Monetary Fund (IMF) expects to continue this year. Senegal has become one of Africa’s fastest growing economies, the fiscal deficit is falling, and after Tunisia, Senegal is only the second country in the world to adopt a new national digital currency – the eCFA. According to Transparency International, the fight against corruption has progressed, with the adoption of a number of anti-corruption reforms and the creation of a Ministry for the Promotion of Good Governance Responsible for the Relations with Institutions.

So why is the well-known youth group Y’en a marre in the streets, protesting against Macky Sall in an unlikely alliance with the Parti démocratique sénégalais (PDS), the party of former President Abdoulaye Wade? Y’en a marre was instrumental in mobilizing the youth vote in particular, in opposition to Wade’s attempt at securing a third term in 2012 when he ran against Macky Sall in the presidential run-off. What has happened to turn former friends into foes, and former foes into friends?

Y’en a marre cannot forgive Macky Sall for going back on his word (wax waxeet in Wolof – a bad habit of Senegalese political leaders according to the creators of the wax-waxeet.com monitoring website): Sall had promised during his campaign that he would reduce the length of presidential terms from seven to five years with immediate effect — to include his first term. However, instead of submitting a bill to revise the constitution accordingly for approval by the National Assembly — where it would likely easily have received the required 3/5 of votes to pass without requiring a referendum — Sall waited four years to consult with the constitutional court, in 2016. The court found that changing the duration of an ongoing presidential term would be against the spirit of the constitution and constitutional practice. Sall therefore declared in February 2016 that he would comply with the finding of the constitutional court and serve the full length of his first mandate. Constitutional revisions adopted a month later do include a provision for the reduced term-length, but it is a change that will only be applicable to his next term.

In addition to breaking a promise, Y’en a marre and opposition parties also accuse President Sall of having instigated the arrest of Khalifa Sall in March of this year on trumped up fraud charges. Khalifa Sall is a likely presidential candidate and strong challenger to Macky Sall in 2019. An attempt to dislodge him from his prominent position as mayor in Dakar by President Sall’s party (though the parties of the two Salls both belong to the ruling coalition) failed in 2014 [see earlier blogpost here].

Since his arrest, Khalifa Sall has joined forces with the PDS, the Rewmi party of former Prime Minister Idrissa Seck and others, to form a new coalition, Manko Taxawu Senegaal (Accord to Watch over Senegal), which will field joint lists for the legislative polls.

The legislative election campaign is getting off the ground. The election outcome will be an early indication of the relative popularity of the two Salls, as the 2019 presidential poll approaches.

Kenya – President Kenyatta faces new challenges as elections loom

The Kenyan President Uhuru Kenyatta has moved to deal with rising food prices as the campaign ahead of the 2017 general election begins in earnest. Having been accused of “dithering” earlier in the year as the price of unga (maize flour) increased by 500 KSh a month to KSh 4,500 for a 90 kg bag, the government moved to import 29,900 tonnes of Maize in order to reduce prices in early May.

President Kenyatta’s actions reflected growing public dissatisfaction with the rising cost of living and the growing challenge from the political opposition as the August 8 general election draws near. Having enjoyed a big lead in the polls for many months, many commentators felt that the Jubilee Party could secure comfortable victory, especially as the main opposition coalition, the National Super Alliance, appeared to be split on whom to select as its running mate. Along with long-time presidential candidate Raila Odinga, Kalonzo Musyoka and Musalia Mudavadi were said to be determined to emerge as the coalition’s flag bearer.

However, ultimately Odinga managed to pull off a double-win: securing the nomination as NASA presidential candidate and persuading his rivals for the position to back him. In turn, the emergence of a more united opposition has generated much-needed momentum for Odinga, leading to claims that he is once again a viable presidential candidate. One of NASA’s campaign slogans, “10 million strong”, seeks to emphasise this point, referencing the potential support base that Odinga can mobilise if all the communities assumed to be allied to the opposition vote for him – though this is far from a forgone conclusion.

While the most reliable opinion polls suggest that Kenyatta and his Jubilee Party continue to enjoy a healthy lead, the fresh energy within NASA, combined with rising food prices, have worried the Jubilee Alliance. In some of the more recent polls, the confirmation of Odinga’s candidacy has significantly strengthened his performance, and as a result he has moved from the 25/26% a few months ago to around 41% today. Having initially aimed for an overwhelming electoral performance of 60%+ in the presidential poll, Jubilee leaders are now concerned that if Odinga continues to gain ground they may struggle to secure the 50% +1 of the vote required for a first round victory.

Given the excitement within NASA, and the concern within the Jubilee Party, Kenya may be set for a closer and more controversial election than seemed likely a short while ago.

Nic Cheeseman (@fromagehomme) is Professor of Democracy at the University of Birmingham

Uganda – President Museveni’s term of “no joking around” takes a dramatic turn

President Yoweri Museveni, recently re-elected for the fifth time, continues to pursue his term of “no joking around” in spectacular fashion. After adopting the new slogan, using the Swahili phrase kisanja hakuna mchezo, Museveni has remained unusually hyperactive, doing everything from transporting water on a bicycle in a demonstration of drip irrigation techniques to personally editing routine government communiques.

In recent weeks, though, Museveni upped the ante still more, taking a direct hand in snaring two civil servants and a minister in high-profile bribery cases. On March 28, the Police’s Flying Squad Unit encircled the Ministry of Finance and arrested two Ministry officials on suspicion of soliciting bribes of over Sh15b (£3.2m) from Chinese investors looking to establish a phosphate plant. This dramatic intervention came after said investors reportedly complained directly to the President, who in turn advised them to comply with the officials, the idea being to ensure the police could catch the wayward public officials  “red-handed”.

A second, strikingly similar incident occurred less than two weeks later. This time, the Minister of State for Labour, Herbert Kabafunzaki, was caught by security operatives from police and Special Forces Command allegedly in the act of receiving a Sh10m (£2.1k) bribe from the prominent Sudan-born businessman Mohammad Hamid. The exchange occurred during a meeting at Kampala’s five star Serena hotel while not only security but also the media—tipped off in advance—lay in wait. Again, the story was that Hamid had personally phoned the President after Kabafunzaki demanded a bribe to ignore complaints of sexual harassment from workers at the Pearl of Africa Hotel, owned by Hamid.

These two Hollywoodesque operations have fuelled a heated debate. Museveni insists both interventions were aimed at rooting out corruption in the civil service and Cabinet, which he likened to a den of “thieves”. Some observers accepted this narrative, arguing that anyone soliciting bribes should be punished. Others remained more sceptical, questioning the President’s personal involvement when Uganda has an alphabet soup of anti-corruption agencies. Still other commentators argued that the entire sequence of events was stage managed to provide an opportunity for the President to perform his role as anti-corruption crusader.

These more critical appraisals have considerable merit. We can take the analysis a step further, though. Indeed, kisanja hakuna mchezo not only appears superficial and performative. It is also being skilfully manipulated to further entrench—as opposed to challenge and uproot—the constellation of, yes, often corrupt interests upon which Museveni’s regime rests.

To understand this point, it is worth taking a step back and revisiting Museveni’s original speech, in which he introduced his new “no joking around” mantra. In June of last year, shortly after his re-election, Museveni delivered his address to a gathering of Cabinet ministers, Permanent Secretaries and top-level members of the ruling National Resistance Movement (NRM). He used the occasion to outline a 16-point plan aimed at “fast-tracking industrialization and socio-economic transformation”.

Despite the ambition of the title, the points themselves were familiar. They centred on the need for industrial expansion through foreign investment, which Museveni argued could be encouraged through special tax breaks, the installation of industrial parks, and the suppression of wages. It is a cocktail consistent with Museveni’s past embrace of IFI-backed policies. It is also a policy orientation that—perhaps contrary to the IFI’s own expectations—has helped sustain Museveni’s government in power.

Observer’s interested in the political economy of NRM rule have long noted the President’s cultivation of a pro-regime business constituency composed notably of foreign investors, who despite their wealth cannot themselves pose a political threat to the regime.[1] For Museveni, favouring foreign investors is thus both good politics and good economics.

The President’s characterization of corruption—its causes and would-be solutions—also speaks to this strategic interest. Of the myriad forms of corruption that have emerged in Uganda under his watch, Museveni chose to focus on a very narrow subset in his speech. He thus stressed the need to “banish corruption so that the parasites that increase the costs to our investors are eliminated.”

Fast-forward a few months and we see Museveni following through on his aim to flush out the “parasites.” But of more concern than the alleged efforts to solicit bribes is perhaps the ability of people like Hamid Mohammed to make a personal phone call to the President, and to get the assistance of the Special Forces Command by way of a response. Hamid is certainly not a struggling new investor just trying to make good. He was first introduced to Museveni in the mid-2000s, after which point the President allocated to the businessman 15 acres of prime land in Kampala to construct a grandiose Hilton hotel. The project is still unfinished despite being years overdu, but rather than distancing himself from Hamid, Museveni has issued warnings to media outlets following negative reporting of the businessman’s dealings.

Investors like Hamid are not the only regime-aligned individuals who are receiving renewed support during kisanja hakuna mchezo. The Inspector General of Police (IGP), Kale Kayihura, is also among those whom the latest operations appear specially orchestrated to benefit. Kayihura has long served as one of Museveni’s closest lieutenants, yet he has come under increasing pressure amidst rising crime rates, allegations of police infiltration by organized gangs and, most recently, accusations of being complicit in the murder of the former police spokesman, Andrew Kaweesi. Museveni has nevertheless sought to shield Kayihura, tasking him with overseeing the arrest of the two Ministry of Finance officials and then praising him for the intervention. Earlier this week, the President reappointed Kayihura for another term as IGP.

For a President who has remained in power for over three decades, it is not surprising that Museveni should be doubling down, protecting the interests of his close allies. It is also not surprising to see the promise of renewal through “no joking around” come undone. What is perhaps new, though, is the somewhat more brazen effort to dress up as an anti-corruption crusade what is, in fact, the exact opposite, namely an attempt to protect insider interests.

In this business of “no joking around”, it may be that the joke is on us.

[1] See for instance Roger Tangri and Andrew Mwenda’s 2013 book, The Politics of elite corruption in Africa: Uganda in comparative African perspective.

Zambia – President Lungu sacrifices credibility to repress opposition

Zambian President Edgar Lungu finds himself caught between a rock and a hard place in both economic and political terms. As a result, he has begun to lash out, manipulating the law to intimidate the opposition, and in the process sacrificing what credibility he had left after deeply problematic general elections in 2016.

Let us start with the economy, where the president is stuck in something of a lose-lose position. On the one hand, his populace is growing increasingly frustrated at the absence of economic job and opportunities, while a number of experts have pointed out that the country is on the verge of a fresh debt crisis. Economic growth was just 2.9% in 2016, while the public debt is expected to hit 54% of GDP this year, and the government cannot afford to pay many of its domestic suppliers.

On the other, a proposed $1.2 billion rescue deal with the International Monetary Fund (IMF) has the potential to increase opposition to the government for two reasons. First, it would mean significantly reducing government spending, including on some of Lungu’s more popular policies. Second, many Zambians are understandably suspicious of IMF and the World Bank, having suffered under previous adjustment programmes that delivered neither jobs nor sustainable growth.

The president faces similar challenges on the political front. Having won a presidential election in 2016 that the opposition believes was rigged, and which involved a number of major procedural flaws, Lungu desperately needs to relegitimate himself. However, this need clashes with another, more important, imperative – namely, the president’s desire to secure a third term in office when his current tenure ends in 2020.

The problem for Lungu is that while it looks like he will be able to use his influence over the Constitutional Court to ensure that it interprets the country’s new constitutional arrangements to imply that he should be allowed to stand for a third term – on the basis that his first period in office was filling in for the late Michael Sata after his untimely death in office, and so should not count – such a strategy is likely to generate considerable criticism from the opposition, civil society and international community.

Lacking viable opportunities to boost his support base and relegitimate his government, President Lungu has responded by pursuing another strategy altogether: the intimidation of the opposition and the repression of dissent. While in some ways represents a continuation of some of the tactics used ahead of the 2016 election, when the supporters and leaders of rival parties were harassed and in some cases detained, the recent actions of the Patriotic Front (PF) government represent a worrying gear-shift.

Most obviously, opposition leader Hakainde Hichilema, who came so close to leading his United Party of National Development (UPND) to victory in the latest polls, has been arrested and his home raided. His crimes? There appear to be two sets of charges. One set is relatively mundane, and relates to an incident in which Hichilema is accused of refusing to give way to the president’s convoy. For this, the opposition leader has been charged with breaking the highway code and using insulting language.

The second charge – that of treason – is much more serious, but also much less clear. Court documents state that Hichilema “on unknown dates but between 10 October 2016 and 8 April 2017 and whilst acting together with other persons unknown did endeavour to overthrow by unlawful means the government of Edgar Lungu.” Although this charge has also been linked to the recent traffic incident, it seems more likely to be motivated by the president’s ongoing frustration that the UPND continues to contest his election and refuses to recognise him as a legitimately elected leader.

If this is the true motivation for the charges, it will only be the latest of a number of moves to cow the opposition. For example, in response to the refusal of UNPD legislators to listen to Lungu’s address to the National Assembly, Richard Mumba – a PF proxy close to State House – petitioned the Constitutional Court to declare vacant the seats of all MPs who were absent.

The opposition are not alone. Key elements of civil society have also come under fire. As a result of the waning influence of trade unions, professional associations now find themselves as one of the last lines of defence for the country’s fragile democracy, most notably the Law Association of Zambia (LAZ). It should therefore come as no surprise that a government MP, Kelvin Sampa, recent introduced legislation into the National Assembly that would effectively dissolve the LAZ and replace it with a number of smaller bodies, each of which would be far less influential.

The bills introduced by Mumba and Sampa may not succeed, but in some ways they don’t need to. Their cumulative effect has been to signal that those who seek to resist the governments are likely to find themselves the subject of the sharp end of the security forces and the PF’s manipulation of the rule of law. The nature of Hichilema’s arrest is a case in point. Despite numerous opportunities to detain him in broad daylight, armed police and paramilitaries planned a night attack in which they switched off the power to the house, blocked access to the main roads, and broke down the entrance gate. Inside the property, the security forces are accused of firing tear gas, torture, urinating on the opposition leader’s bed and looting the property.

It is therefore clear that the main aim of the operation was not an efficient and speedy arrest, but rather the humiliation and intimidation of an opponent.

Such abuses may help Lungu to secure the short-term goal of prolonging his stay in power, but they will threaten to undermine Zambia’s future. It will – or at least it should – be politically embarrassing for the IMF to conclude a deal with Zambia while the opposition leader is on trial on jumped up charges and civil society is decrying the slide towards authoritarian rule. Rumours now circulating in Lusaka suggest that President Lungu may be preparing to enhance his authority by declaring a State of Emergency in the near future, which would further complicate the country’s international standing.

Lungu’s blatant disregard for the rules of the democratic game also has important implications for the county’s political future. Many Zambian commentators reported that the 2016 election was the most violent in the country’s history, and forecast rising political instability if this trend was not reserved. Rather than heed this warning, President Lungu appears determined to put this prophecy to the test.

Nic Cheeseman (@fromagehomme) is the Professor of Democracy at the University of Birmingham

Mali – President Ibrahim Boubacar Keita’s new cabinet, preparing for 2018

On April 11, President Ibrahim Boubacar Keita (IBK) announced a new cabinet, headed by former Defense Minister Abdoulaye Idrissa Maiga whom he appointed on April 8 to replace former Prime Minister Modibo Keita. Maiga becomes IBK’s fourth prime minister (PM) in as many years and is the first to belong to the Rally for Mali (RPM), the president’s party. His three predecessors were all independents.

Newly appointed PM Maiga is one of the founding members of the RPM and served as campaign director for IBK in the 2013 presidential campaign — an indication of where the priorities of this new government are going to be, as preparations for the 2018 presidential election get underway. The perhaps most surprising appointment in the new cabinet is the come-back  of Tiéman Hubert Coulibaly as Minister for Territorial Administration. Coulibaly was dismissed as Minister of Defense less than 8 months ago, in September of last year, following the loss of territory to Jihadist fighters in central Mali. Seen as a close ally of President IBK, he is now back in the cabinet with a portfolio that will put him charge of organizing the 2018 presidential election.

The 36-member cabinet (including the PM), of which 8 are women, sees the entry of 11 new ministers who join 25 remaining from the former government. At 22 percent, women’s representation falls well short of the 30 gender quota for appointed and elected office that was adopted in 2015. Eight former cabinet members leave, including notably the ministers of health and education, two sectors that have seen protracted strikes over recent weeks. A high profile departure is that of Mountaga Tall, president of the Democratic Initiative National Congress of Mali (CNID) and a likely presidential contender in 2018, who was formerly minister of IT and communication. The presence and responsibilities of ruling-party members and of members of its key ally, the Alliance for Democracy in Mali (ADEMA) party, in the government appear to have been strengthened, overall. No opposition members are included. An overview of the new cabinet is provided in table 1 below.

The new government will have a busy and challenging agenda, in a context of social crisis and growing insecurity. An ongoing strike in the education sector will be one of the first priorities to address. PM Maiga met with labor union representatives within days of taking office. The 2015 peace accord with former rebel groups has struggled to get off the ground, resulting in weak state authority and presence in large swaths of the territory. Various Jihadist movements are taking advantage of this power vacuum, staging repeated deadly attacks. The UN mission to Mali – MINUSMA – is the deadliest in the UN’s history of peacekeeping. Without significant progress in the implementation of the peace accord, IBK’s ambition of winning a second term in 2018 could be similarly under threat.

Table 1: Mali’s new cabinet

Position Name Previous position in cabinet  Affiliation
Prime Minister Abdoulaye Idrissa Maiga Defense minister RPM, vice-president
Defense Tiéna Coulibaly NEW Former amb. to US, former minister
Territorial Administration Tiéman Hubert Coulibaly NEW (was defense minister till 2016) UDD, president
Security Brigadier Gen. Salif Traoré Same Security sector
Foreign Affairs Abdoulaye Diop Same Career diplomat
Justice Mamadou Ismaïla Konaté Same Lawyer
Economy and Finance Boubou Cissé Same Former World Bank employee
Mines Tiémoko Sangaré Same ADEMA, president
Transportation Baber Gano NEW RPM, secretary general
Solidarity and Humanitarian  Action Hamadou Konaté Same Expert in social development
National Education Mohamed Ag Erlaf Decentralization and Government Reform RPM, member of leadership
Higher Education and Research Assétou Founé Samake Migan Same Public sector
Human Rights and Government Reform Kassoum Tapo NEW ADEMA
Decentralization and Local Taxation Alhassane Ag Hamed Moussa NEW Public sector
National Reconciliation Mohamed El Moctar Same Public sector, former minister
Malian Diaspora and African Integration Abdramane Sylla Same RPM
Investment Promotion and Private Sector Konimba Sidibé Same MODEC, president
Habitat and Urbanism Mohamed Ali Bathily Public Land Lawyer
Agriculture Nango Dembele Livestock and Fishery Public sector
Livestock and Fishery Ly Taher Drave NEW Private sector
IT and Communication Arouna Modibo Touré NEW Public sector
Equipment and Access Traoré Seynabou Diop Same Public sector
Industrial Development Mohamed Aly Ag Ibrahim Same Public sector
Employment and Professional Training Maouloud Ben Kattra NEW Labor union
Health Samba Ousmane Sow NEW Health sector
Labor Diarra Raky Talla Same Public sector
Trade, Government Spokesperson Abdel Karim Konaté Same (except new role as government spokesperson) ADEMA
Energy and Water Malick Alhousseini Same Public sector
Environment Keita Aïda M’Bo Same Former UNDP employee
Territorial Developm. and Population Adama Tiémoko Diarra NEW ADEMA
Culture N’Diaye Ramatoulaye Diallo Same Private sector
Crafts and Tourism Nina Walet Intallou Same CMA (rebel group coordination)
Women, Children and Families Traoré Oumou Touré NEW Civil society
Sports Housseïni Amion Guindo Same CODEM, president
Religion Thierno Amadou Omar Hass Diallo Same Teaching and consultancies
Youth Amadou Koita Same PS, president

Source: Author’s research.

South Africa – President Zuma triggers fresh outcry after cabinet reshuffle

Last Friday, South Africa’s President Jacob Zuma kicked off a political firestorm after sacking his finance minister, Pravin Gordhan, along with nine other cabinet ministers. Gordhan was appointed following a similarly controversial reshuffle in December 2015 when Zuma was accused of appointing a relatively unknown backbencher Minister of Finance to clear the way for what many observers saw as his reckless and corrupt policy agenda. After markets sent the value of the South African rand plummeting, Zuma brought in the more experienced and well-respected Gordhan to restore confidence.

Gordhan went on to challenge the President, working to root out cronyism in state-owned companies, resisting Zuma’s calls for expensive new nuclear power plants and generally working to ensure fiscal discipline. He also intervened to curb the influence in government of the by now notorious Gupta business family, who are close friends and political allies of Zuma and are accused of meddling in political appointments, using their political ties to further their business interests.

Gordhan’s sudden removal shattered whatever confidence had been built, sending the rand into another tailspin and prompting the ratings agency Standard and Poor’s to downgrade South Africa’s credit to junk status. A political backlash also followed with criticism coming both from opposition parties and from within the ANC. Deputy President Cyril Ramaphosa and ANC Secretary General Gwede Mantashe, among other party heavyweights, were quick to condemn the President’s move while the ANC’s two coalition partners in the tripartite alliance, South Africa’s largest union Cosatu and the SA Communist Party, called for the President to step down.

The degree of dissent within the ANC is unprecedented, but it comes on the back of numerous corruption scandals, which dogged Zuma even before he became President. More generally, Zuma and the ANC now stand accused of facilitating a form of “state capture”, a term used notably in the wake of the 2015 cabinet reshuffle to denote the growing influence of the Gupta family and President Zuma’s reliance on cronyism and patronage to shore up his support. The Gupta’s engaged the London-based PR company, Bell Pottinger, to help drive a counter narrative that Zuma is in fact fighting “white monopoly capital”. But this diversion tactic mostly seems to have stirred up discontent amongst South Africa’s business elite—not to mention within Bell Pottinger—while fuelling a more radical, left-wing critique of business influence in South Africa. As one of the indefatigable MPs from the opposition Economic Freedom Fighters recently argued, refering to the latest reshuffle: “This is not an anti-white monopoly capital move, rather it is a kleptocratic and corrupt agenda that is trying to co-exist with the equally corrupt white monopoly capitalism.”

In general, South Africans are not interested in having the wool pulled over their eyes. While Zuma’s support remains strong in many rural areas, particularly his home province of KwaZulu-Natal, the ANC is struggling to maintain its hold over many of South Africa’s cities, as demonstrated during the last local elections. What’s more, the country has seen a rise in the number of protests as people decry deteriorating services and poor economic prospects in context of ever more endemic corruption.

After the initial furore, the ANC itself appears to have opted for a strategy of damage control. Earlier this week, the party’s National Working Committee (NWC)—a body dominated by Zuma supporters—simply resolved to “discuss” with Cosatu and SACP calls for Zuma to leave while ignoring pressure to call an extraordinary meeting of the ANC National Executive Committee (NEC), which could take action to remove Zuma. While there are still rumours of internal manoeuvring to convene the NEC, other observers argue that the likes of Deputy President Ramaphosa may be biding their time ahead of leadership elections at the next party conference in December. Ramaphosa is a top contender to go up against Zuma’s former wife and favoured candidate, Nkosazana Dlamini-Zuma. The only other formal challenge to Zuma on the horizon is a no-confidence vote in Parliament scheduled for later this month. While a number of ANC MPs have resigned, presumably to avoid having to vote against Zuma and risk party disciplinary measures, the numerical strength of the ruling party in the legislature means the vote will almost surely fail.

Still, the dust is far from settled. It remains to be seen whether the SACP and Cosatu continue to support the ANC within the tripartite alliance, and what an eventual break would mean for the ANC electorally. Meanwhile, protests calling for Zuma to leave are scheduled to take place across South Africa today. These come amidst concerns that the ANC youth league plans to confront protesters while at least one Mayor has reportedly threatened to deploy “all security agencies including police” to arrest “anyone who marches against Zuma.”

As Zuma tries to ride out the storm, clouds are gathering around the ANC. This crisis may die down, but the economic damage has been done and the factional battle lines within the ruling party have been forged even deeper. As the cost of living rises drastically and the country’s poor are worst affected, it’s unclear if the ANC will be able to retain the majority’s electoral support in the rapidly approaching 2019 elections. Zuma has promised ‘radical economic transformation’ and a turn to ‘appropriation without compensation’ in land reform – populist moves which might just be enough to retain control of the state, but will push the economy even further into dangerous territory. As noted in much political commentary of late, a famous line from Yeats suddenly seems very timely: “Things fall apart; the centre cannot hold.”

Zambia – President Lungu and the Third Term

In recent years, an increasing number of African presidents have sought a third term in office, despite operating in countries with a two term limit on the presidency. By and large, such efforts have been successful in countries in which leaders exercise effective control over both the security forces and a dominant ruling power. Thus, presidents in Rwanda and Uganda removed constitutional barriers to their tenure without significant difficulties.

By contrast, leaders who either lack effective control of their parties and security forces, or hold power in more open and democratic states, have tended to forced to respect the constitution. Examples of the former type of case include Burkina Faso and Nigeria, while Zambia is often cited as an example of the latter trend. Back in 2001, when the then-President Frederick Chiluba sought to seek a third term, an “Oasis Forum” of religious leaders, trade unionist and opposition activists defeated his plans.

It is looking increasingly likely that Zambia will now experience a second “third term crisis” as President Edgar Lungu looks to extend his time in office. Lungu is currently in his second spell in State House, and has argued that because he did not serve a full first term – he took over from the former President, Michael Sata, following his untimely death in office – he should be allowed to contest for power for a third term.

He appears confident that Constitutional Court judges will back his interpretation of the constitution. On the one hand, there are precedents in Africa of a leader serving three terms in such cases. On the other, the new Zambian constitution is ambiguous and can be interpreted both to support and prohibit Lungu’s ambitions. One clause of the 2016 constitution states that “a person who has twice been elected as President shall not be eligible for re-election to that office”, which seems to present a shut and dried case.

However, a further clause states that “If the Vice-President assumes the office of President … or a person is elected to the office of President as a result of an election [a presidential election held if the VP cannot assume the presidency for any reason] … the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed

(a) to have served a full term as President if, at the date on which the President assumed office, at least three years remain before the date of the next general election; or

(b) not to have served a term of office as President if, at the date on which the President assumed office, less than three years remain before the date of the next general election.”

Although Lungu did not replace Sata from the position of Vice President, he did win power through a presidential by-election and only held office for a year before the next general elections. On this basis, his supporters claim that the most appropriate interpretation of the constitution would be to treat the president as if he had fallen under (a). If the Constitutional Court agrees, Lungu will be deemed not to have served a full term, and is eligible to stand again.

This, coupled with the fact that Lungu appointed the Constitutional Court last year, has encouraged the president to believe that he can carry the day. Indeed, while most leaders pretend not to be actively campaigning for a third term until they are sure that it is in the bag, the Zambian president has openly stated his desire to retain the top job, despite the next election not being until 2021.

However, recent analysis that has suggested that the president is now a shoe-in for a third term risks overstating the case. There are a number of important players who will seek to block Lungu’s third-term bid, both without and within his own political party. Despite its narrow election victory in 2016, the Patriotic Front remains deeply divided. Moreover, allegations of election rigging mean that the president’s mandate is questionable. At the same time, international donors are increasingly worried about Lungu’s poor record on both political and economic governance. Against this backdrop, efforts to force through a third term are likely to generate considerable opposition, both within the legislature and on the streets.

This is significant because it was precisely this combination that blocked Chiluba’s path back in 2001. While much of the academic and media coverage focussed on high-profile civil society protests, it was a revolt by Chiluba’s own MPs that denied him the votes he required to change the constitution through parliament. Lungu will be hoping that a combination of carrot and stick – patronage and intimidation – will be sufficient to marshal parliament to his side if the Constitutional Court does not rule in his favour. He may well be right, especially as Zambian civil society is significantly weaker today than it was in the past and his MPs have recently been falling over each other to express their loyalty in the media. However, it is worth keeping in mind that the last Zambian president to make such as assumption ended up profoundly disappointed.

Follow Nic Cheeseman on Twitter @fromagehomme

*This post was updated following particularly helpful comments and suggestions from Sishuwa Sishuwa. Any errors or mistakes remain my own.