Dr Naledi Pandor, visited Stellenbosch University as the special guest of Student Action for Palestine (SA4P). Picture: Leon Lestrade / Independent Newspapers
By Enver Surty
I have known and worked with Cde Naledi for much of my life as a political activist, colleague and comrade. I have admired her temperament, remorseless logic and her ceaseless quest for justice in matters of the state and party.
The purpose of this contribution, in two parts, is to look back and trace, in some detail, Cde Naledi’s enormous contribution to many facets of South African political social and economic life; each showing a tenacity, a resolve and a vision that has made our country a better place to live in. The first part is introductory and dwells on her role in Parliament from the inception of our democracy and the second part shall deal with her role in the executive which straddles many portfolios for over two decades.
It was indeed a privilege, a special one - to work with and support her for more than a decade in these varied roles. I am honoured to be able to provide both a professional and personal first-hand account of the sterling work she has done and its huge impact on our development as a nation. Her work as Minister of Science and Technology, Home Affairs and International Relations and Cooperation is equally remarkable, but will not be expanded on in detail. However, I shall refer to some important aspects, if only in passing.
Cde Naledi will be the first to point out that much of the work she engaged in and with derived from the policies of the African National Congress (ANC) and built on the foundations her predecessors initiated. In that sense, she saw herself not as an island in and of itself, but rather as part of a collective pivoting on ANC policy resolutions. Yet too, she would hastily add that the success and positive outcomes to be achieved relied significantly on her successors implementing, expanding and refining these policies, programmes and initiatives. This, however, does not detract from the extraordinary vision, foresight and creative genius of Cde Naledi.
We celebrate our heroes in the month of August and it is most fitting to rejoice the remarkable and enduring achievements of one of our very own, in this, our national month dedicated to our women. Dr Grace Naledi Mandisa Pandor, feisty, fearless and a patriot of quite remarkable lineage and character. An intellectual and academic, always respectful and humble but never one to speak her truth as only she could!
The collective in government and in the ANC were all moved by the extraordinary courage, enduring resilience and principled conviction of Cde Naledi when she - with the full and unwavering support of the President of the Republic of South Africa, the Minister of Justice and Cabinet - approached the International Court of Justice (ICJ), sitting in The Hague for an order against the Israeli Apartheid state for the ongoing and relentless genocide in Palestine.
South Africa was and remain to this day, gravely concerned about persistent reports of the gross violations of human rights, crimes against humanity, ethnic cleansing and war crimes being perpetrated against Palestinian civilians. The enduring brutality, destruction and murder has since spilled over into other territories in Palestine, and continues unabatedly whilst parts of the global governance agencies are sitting on their hands. We have repeatedly stated, for the record, that we condemn all violence and attacks against all/any civilians. Moreover, we have continuously called for an immediate and permanent ceasefire and the resumption of talks that will end the onslaught arising from the continued belligerent, bellicose and unlawful occupation of Palestine.
As a State Party to the Convention, South Africa is under a treaty obligation to prevent genocide from occurring. Therefore, at a special meeting held on 8 December 2023, our Cabinet directed that the ICJ be approached to obtain an order directing Israel, which incidentally, is also a State Party, to refrain from any acts that may constitute genocide or related crimes under the Convention. An application in this regard was filed before the Court on 29 December 2023 in which the Court was requested to declare, on an urgent basis, that Israel is in breach of its obligations in terms of the Convention and that it should immediately cease all acts and measures in breach of those obligations and take a number of related actions.
The South African government provided extensive and voluminous evidence and argued convincingly for a temporary or interim order to stop the war and genocide; this it did on the basis that it was plausible that Israel was guilty of committing genocide and a range of war crimes. This extraordinary action, led by the fastidious Cde Naledi required character, compassion and conviction to expose and for the world to see and witness, the callousness, inhumanity and hypocrisy of Israel, the US and all of its allies. It was a resounding victory for South Africa, Africa and humanity at large, when the ICJ found almost unanimously in South Africa’s favour.
The legal action we pursued has effectively dismantled false binaries, dichotomies and narratives – clearly those who believe without reason can never be convinced by reason!
Unlike those who feigned ignorance, framing the events post 7 October as an “external attack” with Palestinian groups crossing a sovereign border, Cde Naledi has been at the forefront, informed by evidence, to underscore the broader context: the ongoing denial of self-determination, the refugees’ right to return and the obliteration of an innocent people.
This legal challenge shatters the illusions that shielded many from the harsh reality of the situation. Despite Israel’s denial, Gaza remains effectively occupied due to Israel’s control over the territory. We contend that Israel has employed starvation as a method of warfare against the impoverished enclave, enduring four disproportionately severe onslaughts since 2000. By characterizing Israel’s governance over Palestinians as apartheid, Cde Naledi draws on historical parallels and echoes findings and evidence from world renowned human rights organisations and United Nation (UN) experts.
Reports by Amnesty International and Human Rights Watch extensively detail Israel’s apartheid system, involving domination, segregation, and institutionalised discrimination against all Palestinians. Add to this the unimaginable unleashing of death and destruction by an entirely racist and brutal regime foisted on helpless children, women and the aged, amongst others.
By upholding Israel as a democracy, too many politicians and commentators feign ignorance of these apartheid revelations. Our stance challenges this narrative, urging a reconsideration of the facts obscured by political posturing and diplomatic rhetoric. The claim that Gaza remains occupied, with the siege as part of an apartheid system, poses a challenge to Israel’s self - defence narrative. States cannot employ genocide or apartheid under the guise of security. The argument reframes the discourse around Israel’s actions, emphasizing accountability and human rights over security narratives.
The intricate web of international legal dynamics also underscores the complexities surrounding the potential aftermath of an ICJ decision. Regardless of the outcome of the case, South Africa has undoubtedly emerged as a champion of human rights and a global leader of the anti-apartheid campaign. And, in this regard, Cde Naledi with her erudite, pointed and tenacious leadership has been stellar.
Throughout history, it has been the inaction of those who could have acted, the indifference of those who should have known better, the silence of the voice of justice when it matters most that has made it possible for this evil to reach its current cataclysmic levels. And, amid this raging Israeli smell of napalm, the calm voice of Cde Naledi straddles the universe like a real colossus — fearlessly, bravely and unwaveringly so.
Education and politics played a central role in the Matthews families and households. Cde Naledi’s grandfather, Professor ZK Matthews was an academic, who lectured at the University of Fort Hare. He was also a formidable political activist. In 1953, Prof ZK Matthews proposed that a Freedom Charter for all South Africans be drafted after wide consultation with the people, especially the Black communities, who were excluded from voting in their native land. The Freedom Charter was adopted in 1955 much later than the 1943 African Claims document. These two documents would serve as important sources when shaping the fundamental rights in the South African Constitution, 1996.
Cde Naledi’s father, Joe Matthews was a historian and lawyer and she imbibed a compelling understanding of our political struggles, a depth of knowledge of our immediate political past and the genesis of the egalitarian future that the ANC and other banned political organisations sought to achieve. These hopes, dreams and aspirations would culminate in her active participation in drafting the constitution and serving as one of the architects in creating an institutional order based on non-racialism non-sexism, unity and democracy. These together with values of human dignity equality and freedom, would dictate her journey into an uncertain future; a bridge from our divided past to a united future forged in struggle.
Those who know and have worked with Cde Naledi, were immediately impressed by her eloquence and meticulous use of both the spoken and written word. Besides having an exceptional command of the English language, as a trained linguist, she is very fluent in several of our indigenous languages and has basic communication competence in French. Indeed, too we could vouch for her discipline, thoroughness, diligence, attention to detail, frankness and leadership in any role or office she assumed.
She is gentle in speech but fearless in debate. Never afraid to express her views and would use persuasive language and arguments to support her point of view-a hallmark to her political and intellectual training. Her clarity of thought and ideas were always crisp, well thought out and meticulously structured - often using deductive reasoning to support her conclusions. She always stood for excellence and demanded the same quality standard and commitment from those who worked with her. In fact, in cabinet discussions it was on her that the bright light of approval almost always shone - if she nodded, you know it was a safe bet that your memorandum would fly past the rest of our colleagues! Lo and behold if she demurred…never a pleasant experience.
Beneath the veneer of the resolute, disciplined and firm woman is a gentle, compassionate and beautiful soul, who cares about those who are suffering or face difficulty. Cde Naledi will assist without question, doing so quietly and privately. She is non-racial, inclusive and sensitive too. You see this in the composition of her staff in the three decades of service as a public representative. Her personnel are hardworking, respectful and loyal and most have been working with her for decades.
It is necessary that we reflect on the illustrious career of one as gifted as Cde Naledi.
Too often we underestimate the power of a smile, a kind word, a listening ear or even the smallest act of caring. This was another terrain where, as a natural leader, Cde Naledi’s contribution was a treasure of inestimable value.
When democracy was ushered into our Parliament, Cde Naledi was among the many highly skilled, intelligent and competent women who assumed institutional responsibilities in a non-racial and non-sexist society. She was in the good company of stalwarts such as Frene Ginwala (the First Speaker in our democratically elected National Assembly), Baleka Mbete, Thandi Modise, Brigitte Mabandla, Mavivi Manzini and many other cadres with extraordinary ability, commitment and skill.
She was elected Deputy Chief Whip of the National Assembly (NA) and Arnold Stofile (who was later Premier of the Eastern Cape) was elected Chief Whip. No technical and or administrative support was provided to the ANC. Parliament and government were, at that point in time, alien to the cadres of the movement. It meant learning fast, working very hard and doing many things at the same time. As Deputy Chief Whip she would serve on the Programming Committee, Rules Committee, Joint Rules Committee and a range of other portfolios, including education.
Once elected, Cde Naledi and Cde Stofile moved swiftly to ensure that the food served in the canteen catered for healthy and nutritional food, vegetarian, halaal, kosher and indigenous foods. Alcohol was prohibited, which prohibition still obtains to this day, in the restaurant of the National Assembly. She and her colleagues actively promoted multi-lingualism and for the very first time, different tongues were spoken in Parliament, celebrating our linguistic diversity.
Jannie Momberg, an ANC Member of Parliament (MP), who had served in the previous dispensation, was a wonderful resource in helping the Whips understand how the programmes of Parliament could be shaped to respond to the demands of a non-racial, non-sexist and democratic South Africa. He also alerted the ANC Whips of the many customs, conventions and processes in Parliament.
The Rules Committee, chaired by the Speaker or Deputy Speaker, was responsible for the development of the new Rules of Parliament. Cde Naledi played a crucial role in shaping these Rules and Legislation on the Powers and Privileges of Members of Parliament. This had to be aligned with the Constitution and be consistent with the Rules and Procedures that were being developed. Among the many tasks she had to perform as Deputy Chief Whip was the promotion of social cohesion and reconciliation in a manner which would replace our divided and polarised society with an inclusive and diverse society working towards unity.
The Chief Whip and the Deputy Chief Whip were the drivers of the programme of the National Assembly. They had to promote and protect the Members' interests and provide accommodation, transport and member support to all ANC members, most of whom, like her, had no previous exposure to Parliament. The institutional and political induction programmes were critical. It meant that she had to acquire knowledge swiftly which allowed her to effectively train and share valuable information with cadres in Parliament.
The Chief Whip and Deputy Chief Whip liaise closely with the Executive, Whips of other political parties and MPs. At that time South Africa was a Government of National Unity with two Deputy Presidents. This interaction drew Cde Naledi closer to all stakeholders and most were in awe of her knowledge and gentle but firm authority. It also created a wonderful opportunity for social cohesion. Cde Naledi is among many leaders who, as founding members, set in motion the democratisation of Parliament, never afraid to challenge and change the racial character of the institution. In this role, Cde Naledi was formidable and none dared question her when she addressed issues of dystopian injustices, poverty unemployment and inequality.
The Constitutional Assembly had in terms of the interim Constitution two years to adopt a final Constitution. In order to achieve this task, the Constitution was divided into six thematic areas. Cde Naledi was assigned to chair the ANC Study Group of Theme Committee Four which was seized with the crafting of the Bill of Rights. This task meant ensuring that submissions for each right were considered and overseen. The constitution-making process was transparent and inclusive and the Bill of Rights received by far the most submissions from stakeholders and the public at large. It is, after all, described as the cornerstone of our democracy.
Here too Cde Naledi played a crucial yet remarkable role by arguing with her formidable team for the inclusion of socio-economic rights in the Constitution and supporting the horizontal application of the equality clause - the first of its kind.
Cde Naledi’s articulation still rings in my ear, and loudly so. Socio-economic rights are those rights that give people access to certain basic things (resources, opportunities and services) needed to lead a dignified life such as food, shelter, health care, social welfare.
As such, she would submit, our legacy of apartheid called for active steps to create a new society based on democratic values and social justice. The strong protection given to socio-economic rights reflects her commitment to redressing past wrongs and improving the quality of life of our people. She argued long and hard that all human rights are interdependent, indivisible and mutually reinforcing.
Together with her colleagues, she would debate the position of the ANC and after robust deliberations, they generally succeeded in persuading all political parties to accept the submissions. All clauses were consensus-driven and interestingly, none had to be put to vote in Theme Committee Four.
After the submissions were adopted by the Theme Committee they were submitted to the Management Committee for consideration and adoption. It was only then that the Constitutional Assembly would debate and adopt the rights for incorporation into the final Constitution. Cde Naledi was a permanent member of the Management Committee where she would defend the form and content of the rights that were adopted, and also participate in the discussions and debate of other aspects of the Constitution.
The interim Constitution provided for freedom of expression without qualification. The ANC Study Group had argued for an internal qualifier or limitation, where freedom of expression is used for incitement on the grounds of hate speech based on race, religion and gender. In her customary eloquence, Cde Naledi was able to persuade the leadership of the ANC to adopt that position. This is a reflection of her foresight and vision. When we listen to the hate speech of Netanyahu and his ministers based on race and religion, we are fortunate that our Constitution prohibits such vile and vicious utterances as unconstitutional and unlawful.
The approach that the ANC adopted was that the rights would have universal application and would be aligned with the United Nations Charter of Human Rights, the Conventions of Civil, Political, Social and Economic Rights, the African Claims Document, the Freedom Charter, and the African Charter of Human and Peoples Rights. This demanded sound knowledge of the various charters and conventions. The white liberal party at the time, the Democratic Party (DP), was opposed to the inclusion of socioeconomic rights but had to yield to the persuasive arguments in the Theme Committee meetings and subsequently withdrew their opposition.
The enormous contribution of women of the caliber of Naledi Pandor, Brigitte Mabandla, Mavivi Manzini, Baleka Mbete, Thandi Modise and Frene Ginwala, among many others, was an affirmation of the vital role women played in the leadership of the ANC, the process of constitutional development and governance. These women had the added responsibility to care for their families. At that time, Cde Naledi's children were still young, but she balanced her family commitments with the same dedication and vigour she devoted to her responsibilities to her country.
Cde Naledi’s protests, discussions and remarks was an act of love. It was born out of a deeply held family tradition that South Africa could be a better and kinder place for all who lived in it. Cde Naledi saying no to injustice was borne of a natural spirit of resistance yet too her obsession with defeating poverty was the ultimate declaration of hope for all of us.
With her appointment as Chairperson of the NCOP, Cde Naledi ensured that the distinctive character of the NCOP would be promoted. Liaison with provinces became more efficient and interventions in municipalities took place in appropriate circumstances. There was discipline in the House, notwithstanding the lighter side of debates. The bells were never rung a second time because the House always maintained a quorum. The status of the House was elevated and debates with resolutions supporting the motions were passed on matters of public importance.
The voices of MPs were never muted and Cde Naledi encouraged MPs to debate in their mother tongue, which they would do with ease, flair and flourish. The diversity of language was manifest in the debates.
Under Cde Naledi’s sterling leadership, matters of national and international importance were always debated and appropriate resolutions were passed in support of these motions. Prior to the war against Iraq, a resolution was adopted opposing the intention of the United States and its allies to start a war against Iraq based on insubstantial evidence. A resolution was also passed, supported by all provinces and parties, condemning the erection of the apartheid wall in Israel. Interestingly, it is conceded that the world was entirely misled into believing that Iraq had weapons of mass destruction when it had none. Similarly, Israel has been declared an apartheid state, and its occupation of Palestine is declared unlawful against international and humanitarian law.
Cde Naledi always made us feel comfortable. Neither did we have to weigh our thoughts nor measure our words but had the freedom to pour them all out, just as they are, certain that the assured intellect and guiding hand of Cde Naledi will take and sift them, keep what is worth keeping and with a breath of absolute kindness blow the rest away; a most reassuring and a lifelong lesson in process and procedure.
Thank you, Cde Naledi!
End of Part One
* Enver Surty served as Chief Whip of the NCOP, negotiator on the Bill of Rights, Deputy Minister of education, Minister of Justice and Constitutional Development and Deputy Minister of Basic Education.
** The views expressed do not necessarily reflect the views of IOL or Independent Media.