Book of State Caspture (2024)

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The incarceration of the former South African President Jacob Zuma on charges of contempt of court sparked mass looting, destruction, and damage to a staggering economy attempting to navigate through Covid-19-related repercussions. Early estimates reveal that the initial damage report bill is a R50 billion knock on the country’s Gross Domestic Product (GDP). The level of orchestration behind the attacks alludes to state-sponsored violence, given Mr Zuma’s loyal sympathisers within the intelligence community and in the African National Congress. This research postulates that Mr Zuma’s political rhetoric served as the main inciting factor behind the destruction. Indeed, comparative analysis shows how many post-independence/liberation leaders have invoked a language of debt by virtue of their role as independence/liberation heroes to justify dismal governance records. What are the key features of this language of debt?

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96 A Review of “How to Steal a Country: State Capture and Hopes for the Future in South Africa” Nkosingiphile Mkhize DOI: https://doi.org/10.22151/politikon.48.5 Nkosingiphile Mkhize, from Johannesburg (South Africa), holds two master’s degrees; one in Political Science (research component and defence awarded a distinction) from the Masarykova Univerzita, Czech Republic. The second MA degree in Public Governance (cum laude) from the University of Johannesburg School of Public Management, Governance and Public Policy. He is currently a Ph.D. Candidate with the University of Johannesburg School of Public Management, Governance and Public Policy. His theses focus on integrity, ethics, corruption and anticorruption, and risk management in the South Africa public sector. The broad areas of his Ph.D. thesis focus form part of his key research interests. E-mail: nkosingiphile.e.m18@gmail.com.

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State Capture: Why Nobody Did Anything to Stop it

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Politics By Other Means in South Africa Today (open access version)

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Peter Brett

Much writing on law's role in the struggle against apartheid adopted a heroic mode. Rick Abel's classic Politics by Other Means (1995) also used the case of South Africa to make a case for law's 'potential nobility'. But it did so in a manner that was cautious, patient and ultimately more telling. In even the most unpropritious circ*mstances, Abel showed, law could with enormous effort be turned into a defensive shield for the oppressed. As a sword, however, it was 'two-edged', and offered the powerful ample opportunity to frustrate or overturn hard-won symbolic victories. In today's South Africa legal heroism is back. Its Constitutional Court, in particular, has been widely lauded for its role as bulwark against 'state capture' under deposed President Jacob Zuma. For almost a decade its judgements exposed and condemned a series of high-profile corruption scandals. It combated a (Presidential) war on law that had been concealed using secretive security apparatuses entrenched thanks to the global 'war on terror' analysed in Abel's most recent books. A closer examination of these recent events does however do much to vindicate Abel's earlier scepticism about law's offensive value. As a weapon against state capture it has in fact proved more than double-edged. Opposition parties did, it is true, ultimately succeed in removing Zuma following a series of Constitutional Court judgements against him. But just as in Brazil the spectacular deployment of law to fight the crimes of politicians has subsequently unleashed a whole range of unforseen energies. A Ramaphosa administration styling itself as the return of honest government thus now itself struggles with (racially-tinged) state capture allegations advanced by both opposition parties and those suspected of sympathy with the ancien régime. A second such offensive use became increasingly routine over the course of Zuma's tenure. The higher courts began to be constantly elicted by non-govermental organisations in an effort to substitute structural interdicts for Executive inaction. Judges assumed responsibility for day-to-day administration. One almost inevitable casualty of this development was the rule of law as traditionally understood. The sheer onrush of urgent matters requiring immediate remedy saw the Constitutional Court increasingly ignore competing pressures to establish precedent and clarify principle. The whole episode provides yet another illustration of the porosity of the law/politics boundary in exceptional times.

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Book of State Caspture (2024)

FAQs

What is the concept of state capture? ›

State capture is a type of systematic corruption whereby narrow interest groups take control of the institutions and processes through which public policy is made, directing public policy away from the public interest and instead shaping it to serve their own interests. Hellman et al.

What is state capture in the United States? ›

State capture is a type of systemic political corruption in which private interests significantly influence a state's decision-making processes to their own advantage.

What four things does it mean when a state has sovereignty? ›

International law defines sovereign states as having a permanent population, defined territory, a government not under another, and the capacity to interact with other states.

What is kleptocracy government? ›

Kleptocracy (from Greek κλέπτης kléptēs, "thief", or κλέπτω kléptō, "I steal", and -κρατία -kratía from κράτος krátos, "power, rule"), also referred to as thievocracy, is a government whose corrupt leaders (kleptocrats) use political power to expropriate the wealth of the people and land they govern, typically by ...

What is the difference between elite capture and state capture? ›

Elite capture is carried out by an elite that is legitimately entitled some level of de jure power. State capture is carried out by elites that exercise de facto power (e.g. powerful unions or big multinational companies) that aim to have influence on the decision-making process of the institutions.

What does capture mean in politics? ›

In politics, regulatory capture (also called agency capture) is a form of corruption of authority that occurs when a political entity, policymaker, or regulator is co-opted to serve the commercial, ideological, or political interests of a minor constituency, such as a particular geographic area, industry, profession, ...

What is the best definition of corruption? ›

1. a. : dishonest or illegal behavior especially by powerful people (such as government officials or police officers) : depravity. b. : inducement to wrong by improper or unlawful means (such as bribery)

How would you define the concept of the state? ›

According to one definition, a state is a community formed by people and exercising permanent power within a specified territory. According to international law, a state is typically defined as being based on the 1933 Montevideo Convention.

What is the concept of state sovereignty? ›

State sovereignty is a term that refers to the legal authority and responsibility of an independent state to govern and regulate its political affairs without foreign interference. Sovereign states have supreme authority over their territory.

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