An inquiry by telephone on 18 August 2023 was directed to the Member of the Executive Council for Human Settlements in Gauteng, Lebogang Maile, by Kyle Cowan, an investigative journalist in the employ of news24. The response to the inquiry brings the standards applied in the democratic governance of that province into question.

An audio-recording of the conversation is available on the news24 website for consideration by  those with strong stomachs. It is sufficient for present purposes to record that during the conversation Maile became irascible and resorted to cursing and name calling that was clearly directed at Cowan, whom he described as a “stupid racist white man” without any known or disclosed factual basis for doing so. Maile should know that unfounded accusations of racism have consequences both for accuser and accused, as the fracas at Hanks Ye Olde Irish Pub shows.

The SA National Editors’ Forum has released a media statement on the matter politely asking the premier of Gauteng to take charge of his errant MEC. So he should. https://www.politicsweb.co.za/politics/lesufi-must-act-against-mailes-abusive-of-journalists

Maile has sworn an oath of office in which he solemnly undertakes to be obedient to the Constitution. In his interaction with Cowan he has signally failed to do so. The founding provisions of the Constitution contemplate “a multi-party system of democratic government, to ensure accountability, responsiveness and openness.” All three of these values are missing in action in the exchange between Maile and Cowan. It is better described as a torrent of irritation and abuse.

The investigative journalist, seeking accountability from Maile as to the fate of an investigation into funds of his department allegedly steered toward the son-in-law of the deputy president, was unable to extract any useful information from Maile nor could he exact accountability from him. Maile has failed to comply with section 1(d) of the Constitution and is in breach of his oath of office.

Ours is a form of constitutional order in which non-racialism is another founding provision which dovetails with the commitment to “heal the divisions of the past” that is included in the preamble to the Constitution. The label “racist” conjures up visions of Penny Sparrow and others being put through the legal wringer. The accusation made to Cowan puts him beyond the pale; racists can be no part of what is right and good in the new SA. Racism simply has no place in SA today and it is accordingly a serious matter to stand accused of being a “stupid racist white man.” 

By now Maile ought to have profered some factual basis for his attack on Cowan. None has been forthcoming. If he was simply having a bad day, he could by now have apologised. Instead he has gone to ground, perhaps hoping to weather the storm of his own creation.

Inherent human dignity and plying one’s profession are rights guaranteed to all in the Bill of Rights. The minister is supposed to respect, protect, promote and fulfil Cowan’s rights, not abuse him. Cursing and vilifying him while he was trying to do his professional work is no way in which to go about the duty cast upon Maile by section 7(2) of the Bill of Rights.

A mere four months ago Maile launched his revealingly titled book “Never too Young to Lead”. At the launch, with his name emblazoned on huge posters, Maile was praised for his leadership qualities by Deputy President Paul Mashatile  who was guest speaker on that auspicious occasion. A motive for the aggression, contempt and disrespect with which Maile treated Cowan emerges. Watch him fawning over the deputy president in the youtube clip of the event:

The inquiry which Cowan was pursuing with the minister was one directed at finding out the fate of an investigation into the alleged siphoning off of funds under the control of his department to the son-in-law of the deputy president. The irritability and arrogance on display in the clip of the conversation is a possible explanation for the outburst.

Maile should know that it is never too late to say sorry; if he doesn’t apologise then it is up to his Premier to decide what needs to be done to put matters right. At a time when the President has acknowledged at the UDF40 celebrations that whites, coloureds and Indians feel “left out” under ANC leadership, the commitment of the ANC to create a society “united in its diversity” is being put to the test, not only by Maile’s outburst, but also by the manner in which his Premier is maintaining a stony silence and apparently hoping the matter will go away if it is not given oxygen.

In an election year, it won’t do to sweep the matter under the carpet. If Maile’s goose is not cooked by the incident through the exercise of proper and duly accountable leadership of the ANC in Gauteng, come the elections in 2024 the ANC in that province may well find that its goose is cooked instead.

The views of the writer are not necessarily the views of the Daily Friend or the IRR.

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contributor

Paul Hoffman SC, a native of Johannesburg and a Wits graduate, practised law at the side bar from 1975 to 1980 and at the Cape Bar from 1980 to 2006. He took silk in 1995 and acted on the Cape Bench at the invitation of three successive judges president. After retiring from the Bar, he was founding director of the Centre for Constitutional Rights and co-founder, in 2009, of Accountability Now, both NGOs that promote constitutionalism. He is best known for his work on the irregularities in the arms deals, on the unconstitutionality of the Hawks and on the bread cartel case in which a general class action was developed by the courts. Yoga and long dog-walks on the beaches and mountains around his home in Noordhoek help keep him inspired to seek that elusive better life for all. He is the author of many articles and two books, Confronting the Corrupt, and Countering the Corrupt.