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Why we cannot change the Constitution without violating it

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Why we cannot change the Constitution without violating it

Despite the talk on the necessity and content of constitutional amendments, there has been little or no discussion on the process to effect legal changes to Kenya’s Constitution. It is a Catch-22 situation. On the one hand, Parliament cannot amend the Constitution without violating it. On the other hand, there is no way the Constitution can be amended without Parliament.

There are only two ways to amend the Constitution of Kenya 2010, both of which are detailed in Chapter Sixteen. The first, by parliamentary initiative, is provided in Article 256. This entails a constitutional amendment in the form of a bill that can be introduced in either house of Parliament. The bill must be subject to public participation and must pass by at least two-thirds majority of Parliament, which means at least 234 votes in the National Assembly and 45 in the Senate at both the second and third readings of the bill.

The second method to amend the Constitution is through popular initiative provided in Article 257, which vests the power to initiate a constitutional amendment in the people. A popular initiative may be initiated by a citizen, a movement or a political party through collecting the signatures of at least one million registered voters. Once the popular initiative is submitted to the Independent Electoral and Boundaries Commission (IEBC), it must be in the form of a draft bill.

Thereafter, the IEBC, after confirming that the popular initiative complies with the requirements of Article 257, must within 3 months of its receipt submit the draft bill to all 47 County Assemblies for consideration. At least 24 County Assemblies must approve the popular amendment bill (within 3 months), and thereafter the bill shall be submitted to Parliament where it must pass by a simple majority in each house before being submitted to the President for assent and signature. Given the recent resignations of some IEBC commissioners, this option presents the further complication of the IEBC lacking the quorum needed to act. Furthermore, the replacement of IEBC commissioners also requires the approval of the National Assembly, according to Article 250(2)(b).

The Constitution of Kenya, while less than a decade old, is the result of decades of struggle by ordinary Kenyans to assert the right to control their destiny and to wrest control from politicians and political dynasties.

Parliament is the common denominator in both constitutional amendment processes. This makes sense as it is a reflection of the important role that Parliament plays as the institutional manifestation of the “sovereign power” of the people from which the Constitution derives its authority.

In addition, with both methods, the parliamentary initiative (Article 256) and the popular initiative (Article 257), the provisions of the amendment must be subject to a referendum if they relate to 10 areas, including: the supremacy of the Constitution (255(1) (a); the sovereignty of the people 255(1)(c); the national values and principles of governance 255(1)(d); the Bill of Rights 255(1)(e); the independence of the Judiciary and the independent offices to which Chapter Fifteen applies 255(1)(g); the principle and structure of devolution 255(1)(i); and the provisions of Chapter Sixteen 255(1)(j). However, a referendum can only be conducted after the proposed constitutional amendment passes in Parliament.

Again, this is a constitutional affirmation of the source of power, which “belongs to the people of Kenya”. The Constitution of Kenya, while less than a decade old, is the result of decades of struggle by ordinary Kenyans to assert the right to control their destiny and to wrest control from politicians and political dynasties. So, the only way the people of Kenya have accepted that the Constitution can be amended is through Parliament. Parliament is a creation of the Constitution which defines its composition and role.

One of the most significant changes in national governance after 2010 was the creation of a bicameral legislature, with Article 93 establishing Parliament which consists of two houses – the National Assembly and the Senate. Articles 97 and 98 define the National Assembly and Senate as elective bodies. As elective bodies, the principles of the electoral system provided in Article 81, as well as the composition requirements of elective bodies in Article 27(8) of the Bill of Rights also apply to Parliament.

Therefore, in evaluating whether Parliament has the capacity to enact any amendments to the Constitution, as provided in Chapter Sixteen, we must first determine two things: one, that Parliament is constitutionally compliant, and two, that it is acting in exercise of authority granted to it by the Constitution. Without meeting the first requirement, we cannot proceed to the second. A constitutionally compliant Parliament cannot legally act outside its authority as prescribed in the Constitution. And an unconstitutional Parliament, one composed in violation of the Constitution, cannot legally perform any acts as it fails the test of legality established by the Constitution.

The current Parliament, the second after the promulgation of the Constitution of Kenya in 2010, has a membership of 416 persons (excluding both Speakers). Based on data from the IEBC after the August 8th 2017 election, the second post-Constitution parliament is 77% male and 23% female. Parliament complies fully with the numerical provisions provided for its membership: there are 349 members of the National Assembly (excluding the Speaker), as required in Article 97, and 67 members of the Senate (excluding the Speaker), as required by Article 98. However, neither Parliament as a body nor either house individually complies with Articles 81(b) and 27(8).

Parliament’s failure to comply with the gender composition requirement of its membership renders it unconstitutional, just as its failure to comply with its numerical composition (fewer or more than 416 MPs) would render it unconstitutional.

Article 81 in Chapter Seven on Representation of the People lays out general principles for the electoral system, which include universal suffrage, free and fair elections and that “not more than two-thirds of the members of elective public bodies shall be of the same gender” 81(b). Article 27(8) provides that “not more than two-thirds of the members of elective and appointive bodies shall be of the same gender”. These are mandatory provisions of the Constitution and fix the constitutionality of Parliament as a body. They thus determine whether Parliament is legally capacitated to act at all.

Parliament’s failure to comply with the gender composition requirement of its membership renders it unconstitutional, just as its failure to comply with its numerical composition (fewer or more than 416 MPs) would render it unconstitutional. The actions of an unconstitutional Parliament lack legal authority. An illegal Parliament cannot perform its constitutional functions; it cannot, for instance, enact laws, it cannot approve appointments to Cabinet or to the IEBC, nor can it amend the Constitution. An illegal Parliament is outlawed in Article 3, which states: “Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.”

It is, therefore, an irrefutable fact that the second post-Constitution Parliament is unconstitutional and illegal. Indeed, this is also the official position of the Office of the Attorney General, the government’s principal legal adviser. In 2012, concerns about a potentially unconstitutional Parliament and the constitutional crisis this would precipitate, led the then Attorney General, Prof. Githu Muigai, to seek definitive interpretation of the provisions of Article 81(b) and 27(8) as they relate to Parliament. The Supreme Court of Kenya settled the question in its majority opinion, holding that while the first post-promulgation Parliament would be exempt from compliance with Articles 27(8) and 81(b) in its composition, that same Parliament would be required to enact legislation to implement the gender principle in Article 81(b) by August 27, 2015.

The Supreme Court of Kenya settled the question in its majority opinion, holding that while the first post-promulgation Parliament would be exempt from compliance with Articles 27(8) and 81(b) in its composition, that same Parliament would be required to enact legislation to implement the gender principle in Article 81(b) by August 27, 2015.

The effect of the Supreme Court’s 2012 judgment was two-fold: first, it provided temporary legal cover to an otherwise unconstitutional Parliament, and second, it established that without judicial interpretation and decree, a Parliament that fails to comply with Articles 81(b) and 27(8) is indeed illegal. By its decision, the Supreme Court affirmed the position of the Office of the Attorney General that a Parliament that failed to comply with provisions of the Constitution in its composition would create a constitutional crisis.

The Supreme Court’s temporary reprieve required the 11th Parliament to enact a law before the next general elections scheduled for August 2017, thereby ensuring there would be no constitutional crisis as the 12th Parliament, and all subsequent parliaments, would be composed in compliance with the Constitution. However, despite the Supreme Court and subsequent High Court judgements ordering Parliament to enact legislation to ensure compliance with Articles 27(8) and 81(b), Parliament has refused to abide by the provisions of the Constitution and the law.

The foundation on which the 2012 Supreme Court judgement rests is a determination that as an illegally composed body, Parliament, without the exemption granted by the Supreme Court, would be unconstitutional and legally incapable of enacting any of its constitutional functions. The current Parliament has no such protection and therefore exists entirely outside of the constitutional order.

How then can a body that has deliberately set itself apart and outside the Constitution make amendments to the Constitution? Legally it cannot. Its position on the relative merits or demerits of the various constitutional amendments proposed is, therefore, irrelevant because the means to accomplish any amendments is legally unavailable to Parliament at this juncture due to the illegality of the national legislature.

By promoting national dialogue on constitutional amendments, the political leadership – with the complicity of the Chief Justice and religious, business and civil society leaders – are attempting to lure the public into a conspiracy to commit further illegalities.

Kenya’s leadership class is fully aware of Parliament’s illegality and the constitutional crisis. In addition to the official position of the Office of the Attorney General, the jurisprudence from various courts and a petition seeking to dissolve Parliament pursuant to Article 261(7) has been pending before Chief Justice Maraga since September 27, 2017. By promoting national dialogue on constitutional amendments, the political leadership – with the complicity of the Chief Justice and religious, business and civil society leaders – are attempting to lure the public into a conspiracy to commit further illegalities.

The only way to legally amend the Constitution is through a constitutionally compliant Parliament. The legal impediment to constitutional amendments is Parliament’s unconstitutionality; curing that illegality is the first step to legally amending the Constitution.

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Marilyn Muthoni Kamuru is a lawyer and a consultant in gender and governance.

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AFRICA: The continent has all the potential to become the world’s future food basket

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AFRICA: The continent has all the potential to become the world’s future food basket

Two decades ago, a storm was brewing in Kenya’s teacup. Kenya’s smallholder tea farmers were ready to throw in the towel. Inefficiency, bureaucracy and corruption was impoverishing them. Grossly dissatisfied with their fortunes, many were contemplating to uproot their bushes, threatening to send Kenya’s leading export into the sort of crisis that had befallen coffee, which tea had displaced as Kenya’s leading foreign exchange earner. Kenya’s coffee production has plummeted from 130,000 to 40,000 tonnes a year.

But for a bold response by the Kenya Tea Development Agency Ltd (KTDA), the agricultural collective that manages the tea value chain for Kenya’s 550,000 smallholder tea farmers, the same fate would have befallen them.   The KDTA embarked on, and successfully implemented a bold technology-driven transformation, from leaf collection, processing, logistics, input supply, payments and credit facilities for the farmers overhaul transformed the value chain that included end-to-end automation.

I recently gave the keynote address at the Self Help Africa’s annual ‘Africa’s Change Makers Ball’ in Boston, USA, 11th May 2018. During this I highlighted how small-scale agriculture should be considered globally competitive farming in its own right, and why we should recognize its potential to become a pathway to sustainable development.

The KTDA is the first case study I used to show this, and here’s why: significant improvements followed the transformation. Real-time data saw perishable green leaves being rerouted to the factory with excess capacity rather than being discarded as waste; ‘ghost-growers’ were eliminated, farmer registration period was dramatically reduced from six months to three days, procurement for factory equipment was reduced from eight to an average of three months; fertiliser was delivered on time, energy consumption was optimised and electricity bills reduced by over 30%.

The impact on small-scale farmers was immense. Monthly incomes increased by over 40%. With the Tea Agency consistently paying on the 26th of the month, every month, tea farmers could educate their children, pay for healthcare services, create employment and most importantly, they could feed themselves.

The results of this digital transformation propelled KTDA to unprecedented heights for the continent, becoming the first African organisation recognised by the global ‘CIO100’ Awards in 2009. This is a global accolade that recognises digital transformation initiatives which lead to both profitability and have a significant social impact.

The transformation enabled Kenya to consolidate its position as the worlds’ leading exporter of black teas with a 23% market share, with the KTDA affiliated smallholders account for 80 percent of the share. At the core of this competitiveness, is the fact that Kenya’s smallholders produce better quality tea than plantations— indeed in Kenya, smallholder teas commands a 25 percent price premium over plantation teas, and as high as 60 percent for the top quality smallholder teas. Unsurprisingly, the small-scale tea-growing areas in Kenya have the lowest incidents of poverty in the country.

Africa holds 40 percent of the world’s unused and underutilized arable land.   As many parts of the world face ecological limits of industrial agriculture, Africa is well placed to respond to the global imperative for ecologically sustainable agriculture

My second case study was Frigoken, a global leader for premium hand-arranged and processed fresh produce – French beans in particular. Frigoken’s premium products are sourced from 70,000 small-scale outgrowers, mainly women who grow export vegetables on plots averaging an eight of an acre. Frigoken provides them with extension services that enable them to meet the exacting quality and international food safety standards, quality inputs at fair prices, and guaranteed market for their products. The technical support provided also helps the farmers to raise their overall productivity thus contributing to food security as well. Like our smallholder tea farmers, Frigoken’s contract farmers compete on quality that can only be achieved through meticulous, labour intensive husbandry that cannot be achieved at scale.

Abandoning one’s own journey to take on that of another’s is rarely a brilliant idea. For decades, African governments have neglected smallholder agriculture in an elusive quest for rapid industrialization.   In the sixties and seventies, they pursued import substitution which sought to replicate European industrialization. It was disastrous. Since the early 90s, we have been trying to copy the Asian Tigers export-led industrialization. It is not working.

Africa is still predominantly agrarian society. There has been much talk of a crisis of rural-urban migration over the years, but 85 percent of Sub-Sahara African people are still living in the rural areas. Agriculture is the largest economic sector in every country accounting for between 20 and 40 percent of GDP. Smallholder farmers account for 75 percent of agricultural production.

Africa will transform and prosper its own way, the African Lions way, not the European or Asian Tiger way.

Africa holds 40 percent of the world’s unused and underutilized arable land.   As many parts of the world face ecological limits of industrial agriculture, Africa is well placed to respond to the global imperative for ecologically sustainable agriculture.   Our continent’s small-scale agricultural sector is a priceless pearl—good for the people, and good for the planet. Organisations such as Self Help Africa can assist with replicating and up-scaling the models used by the KTDA and Frigoken. Doing this will ensure high quality standards and consistent supplies that can meet the needs of the global markets while maximising returns for the small-scale farmers.

Africa will transform and prosper its own way, the African Lions way, not the European or Asian Tiger way. For now, I do not see masses of African smallholder farmers giving up their shambas for sweatshops. I believe that transforming smallholder agriculture is more than a solution for poverty, it is our ticket to prosperity.

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EASY COME, EASY GO: The online borrowing craze among Kenyan youth

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EASY COME, EASY GO: The online borrowing craze among Kenyan youth

In the past, opening a bank account in Kenya was an elaborate and tedious affair. It was akin to applying for a job: you presented your “curriculum vitae” to bank officials who would determine your fitness as a financially serviceable client. There were forms to be filled (in duplicate) that captured details such as date of birth, schools attended, employment history, reasons for choosing that particular bank and referees to vouch for your suitability. Some banks even asked whether you had spent nights in a police cell and whether you had a criminal record. It was like joining an exclusive members’ club – the odious scrutiny made it look like it was a privilege to be allowed to join the “banking club”.

The procedure for getting a loan was even more stringent and punitive: you would be asked to deposit a valuable item, such as a log book, jewellery or a title deed, as collateral. Money matters were serious business.

That was then. Today technology, particularly smartphones, has revolutionised the financial sector, so much so that traditional banks must be ruing the day smartphones became second nature to humanity. These days getting a personal loan online is easier and faster than calling your nearest bank or micro-finance lending facility. Thanks to mobile banking, a smartphone owner can borrow from as little as Sh500 to as much as Sh70,000 without breaking into a sweat. All he or she needs is to be social media savvy. Having a social media account, such as a Facebook account, is understood by both the online loan apps and the borrowers to be an unstated primary requirement for accessing a loan. There are at least 50 mobile phone lending apps operating in Kenya.

A FinAcess (financial access) survey done in 2016 by the Central Bank of Kenya, the Kenyan National of Bureau of Statistics, FSD-Kenya and the Consultative Group to Assist the Poor found out that 77.5 per cent of Kenyans own a mobile phone. Out of this group, according to a 2018 digital credit survey, 35 per cent, or roughly six million people, have taken at least one digital loan. In essence, the survey found that digital credit had become a leading source of credit in Kenya. Using a sample size of 3,000 Kenyans, the survey showed that digital credit appeals to younger customers, out of which 55 per cent are male and from urban areas. The study also found that by far the most common reason for taking a loan is to meeting day-to-day needs. Financing education also drives use of credit while just over a quarter of users take loans to support their business and agricultural activities.

However, many of these borrowers struggle to pay back their loans. According to a survey by Microsave, a financial services consultancy, 2.7 million borrowers have been negatively listed by the Credit Reference Bureau (CRB) in the last three years, 15 percent of them for amounts of less than Sh200. (CRB is the body charged with the task of flagging or blacklisting all loan defaulters and ensuring that they are barred from borrowing from or transacting with any financial and legal entity, including the government.)

Eliud Njoroge, a financial risk management and private equity fund consultant, told me that mobile phone lending firms financed by venture capitalists were taking advantage of the vulnerability of impressionable youth. “The youth of today want instant gratification – they want it now and here. The notion of delayed gratification, that is, the idea of being patient and thinking through your financial needs, wants, opportunity costs and apparent risk considerations are alien concepts to them,” said Njoroge. “The ‘Java’ generation lives for the moment and developers of these digital apps are exploiting this social phenomenon in the epoch of social media, where the imagined reality of life is being played instantly.” (By Java generation the private equity fund manager, who himself is a millennial, was alluding to the Java restaurants in Nairobi that are popular among the city’s slick young urbanites.)

According to a survey by Microsave, a financial services consultancy, 2.7 million borrowers have been negatively listed by the Credit Reference Bureau (CRB) in the last three years, 15 percent of them for amounts of less than Sh200.

“The crux of the matter is that today the aggressive marketing gimmicks by the owners of these apps are singularly directed at the post-millennials – guys barely out of their teens and who have zilch idea of what constitutes a financial budget, leave alone a plan,” notes Njoroge. “Because they still solely rely on their parents, guardians, benefactors, relatives and friends for their upkeep, they have no qualms misusing and squandering money. Hence, the apps have specifically been developed largely with this group of people in mind. They are ready and willing to spend, but most importantly, borrow money to feed their peer-driven lifestyle habits.”

Njoroge’s opinion is based on his wide experience in advising multinational banks and international financial corporations and, more specifically, financial start-up companies that are being funded to loan cash to young people (read anybody below 33 years of age). Njoroge has worked as a financial risk management consultant in Ethiopia, Rwanda and the United Kingdom. Now based in Kenya, he currently works with start-up companies on the look-out for potential big and small loan risk takers. “I will tell you for free that these online apps will explicitly not come out to state that they are targeting these young adults, but I know it from experience and interactions with today’s bankers and venture capitalists that this is the case.”

However, the 2018 digital credit survey found that “digital borrowers are more likely than average to run their own business or be employed” and “less likely to be … dependent on family or government transfers”.

Njoroge says that the apps make young people believe that they can both save and borrow money, but this is not the case. “There is no saving. The apps exist solely for ensuring that you borrow endlessly.” He says another lie being perpetrated by these apps is that they promote small business enterprises. “A complete lie. These apps would like to masquerade as micro-finance entities. They like to market themselves as tools that reduce the cost of borrowing through technology. But I can tell you for a fact that micro-financing is a different financial ball game, technology or no technology. If indeed there are times when they will provide loans for micro-financing, it is because they must be seen to do so, and therefore, it will be incidental and not the primary intended goal.”

The tragedy of these apps, says the financial consultant, is that the cost of repaying these loans can be very punitive. “Firstly, their interest rates are way above the rates charged by banks. The Java generation is impervious to these high interest rates – they borrow and spend money that they have not sweated for. The developers of these apps figured this a long time ago.”

In addition, “if today you default, your name is immediately forwarded to the CRB. If that happens, trust me, you will not even be allowed to borrow from Okoa Jahazi (a platform for borrowing airtime from Safaricom, the biggest mobile network provider in Kenya).”

CRB has to date blacklisted half a million people, according to the Transunion Credit Bureau’s CEO, Billy Owino, Just three years ago, there were only 150,000 loan defaulters in Kenya. Woe unto you if you are ever blacklisted. You are not off the hook even after you have repaid your loan. CRB still considers you a credit risk for seven years. What this means is that for seven years financial institutions will be wary of you when you approach them for a loan. “Most of the borrowers don’t know that they got blacklisted. We get 200 calls daily from individuals in this category, asking how they ended up in the blacklist.”

Twenty-year-old Charles, a University of Nairobi student, says that he took the trouble to compare the interest rates of the various online money lending apps. He eventually settled for KCB-M-Pesa because it had the best rates.” He says that on average he borrows between Sh2,000 and 3,000 twice a month.

“What do you borrow the money for?” I asked him. “I use the money to finance my Sport-Pesa (gambling) expeditions. I bet for big matches.” Although Charles is a college student, he has not yet outgrown indulging in play-station games. “Apart from betting, I also borrow money to afford my play-station games escapades.”

The digital credit survey found that only 3 per cent of borrowers get a loan in order to gamble. It is possible that this number is an underestimate given the finding that “digital borrowers are almost twice as likely to have tried mobile betting at least once in their lifetime”.

Sports betting

Sports betting has become big business in Kenya and ensnared an entire generation. A GeoPoll survey done in March 2017 found that 76 percent of young people in Kenya are into betting and that these youth spend more money on betting than their Ugandan and Tanzanian counterparts. The survey also identified mobile phones as the preferred tool for sports betting among young people.

Read also: BETTING THEIR LIVES AWAY: How online gambling is ruining Kenyan youth

SportPesa, a sports gaming company that was established about five years ago, is today the biggest sports betting platform in Kenya. It is among the dozen or so sports gaming companies that have sprouted in the country recently. These sports gaming companies have developed an impassioned craze among millennials and zillennials (the post-millennial teenage youth born after 2000) who have taken to betting as a way of life. The GeoPoll survey found that Kenyans gambled more frequently than their fellow Africans, spending an average of Sh5,000 a month. Charles has yet to win big cash (most people have never won more than Sh5,000) but feels that he has to keep on feeding his craving, which started as a hobby.

A GeoPoll survey done in March 2017 found that 76 percent of young people in Kenya are into betting and that these youth spend more money on betting than their Ugandan and Tanzanian counterparts. The survey also identified mobile phones as the preferred tool for sports betting among young people.

According to Banker Awards held in the UK in December 2017, Kenya Commercial Bank (KCB) is the largest bank countrywide in terms of asset size and has 12 million customers registered for the KCB-M-Pesa mobile service. The KCB M-Pesa loan app, which started in 2015 as a savings account, charges between 4 per cent and 6 per cent interest rate. Its phone loan service rose from 35 per cent between January and March 2016 to 41 per cent in the same quarter in 2017. Because of the success of mobile money borrowing, financial transactions at the branch level fell to 20 per cent from 31 per cent previously. Said KCB Group CEO and Managing Director, Joshua Oigara, in an in-house 2017 KCB newsletter: “We’ve seen a sharp rise in loan requests on all our mobile loans following the decrease in interest rates.” The newsletter stated that the average value of loans per customer was Sh1,800.

Like Branch International Inc., an international online money lending consortium that has its headquarters in San Francisco in California, and which launched its services in Kenya in 2015, KCB M-Pesa, vigorously advertises on Classic FM’s most popular morning radio show. Its target audience, just like Branch’s, is post-millennial youth who have just turned 18, who are college-bound and who have just acquired a national identity card. Branch is giving loans of up to Sh70,000, and according to the radio promos, it claims to have up to a million Kenyan borrowers. “You do not need any collateral, any bank account or a referee, all you need to do is download the Android app and you will receive your loan in 10 seconds flat,” proclaims the ad.

The advertising language used to sell the online borrowing apps is deliberate and intentional, targeted at a generation that is just starting to discover itself and excited about owning a gadget that, to them, seems to unlock hitherto unimagined infinite possibilities. The one-minute radio promos of these online lending apps are couched in language that would appeal to young adults. “Unlocking your growth potential” and other slogans are targeted at a generation that had little or no financial knowledge.

Ken, like Charles, borrows to finance his gambling habits. “So I will borrow every time there are big matches being played on the English Premier League,” admitted Ken. “I bet on Sport-Pesa and I borrow between Sh1,500 to 3,000. He said his favourite app was Tala because, “it is very prompt when relaying the money. I wanted an app that does not waste time in giving me instant cash.”

Dates and other emergencies

The online app of choice for 19-year-old Steve, a Technical University of Nairobi student, is M-Shwari. “I opted to use M-Shwari because it is a solid brand that works together with KCB, another solid brand.” Steve said he borrows between Sh1,000 and 3,000 a month to finance his college lifestyle habits. “Cut a brother some slack,” he said. “I need to enjoy some good life while I’m a student.” Steve said he relies on his parents for pocket money “but can what they give me be enough? I oftentimes have to deal with emergencies, hence the need to have a channel where you can quickly run to for fast cash.” These “emergencies” include impressing and winning over impromptu dates.

Steve told me it is not just once that he did not have the cash to entertain some girl in a fancy restaurant. “On several occasions I have had hot dates, but trust me, I did not have a penny. But tell me, would you let slip a date you’ve been chasing like there’s no tomorrow just because you’re not liquid?”

Steve said he relies on his parents for pocket money “but can what they give me be enough? I oftentimes have to deal with emergencies, hence the need to have a channel where you can quickly run to for fast cash.” These “emergencies” include impressing and winning over impromptu dates.

Steve said he has walked confidently into a Java restaurant a couple of times with a “beautiful catch” with not a single penny in his pocket because he knows he can borrow money from M-Shwari “of course, without her knowledge”. The instant loan is deposited into his M-Pesa account, which he uses to settle his bill. Meanwhile, the Java generation belle will not have the slightest hint that her expensive lunch treat was financed by a loan and that the young man will have to figure out how to repay it later.

By 2017, the M-Shwari (shwari means to be calm or peaceful in Kiswahili) online loan portfolio had 420,000 applications every day; of that, 70,000 are processed daily for repayment every 30 days. It has more than 80,000 agents countrywide and processes US$20 million daily payments, according to a study done by Tamara Cook and Claudia McKay. M-Shwari is operated by Safaricom, the biggest mobile network operator in Kenya, and is considered to be the mother of mobile phone lending apps, largely because it was the first mobile phone loan application in Kenya.

Started in 2012, M-Shwari has to date 21 million customers in Kenya. The minimum threshold required of an M-Shwari borrower is to possess a Safaricom sim card and to be registered as an M-Pesa user. Therefore, technically speaking, anyone with an M-Pesa account qualifies to borrow from M-Shwari. The beauty with M-Shwari, its users tell me, is that you can borrow offline so long as you are on the M-Pesa platform. M-Shwari charges a one-time “service fee” of 7.5 per cent on all loans.

M-Shwari is actually a creation of a partnership between Commercial Bank of Africa (CBA) and Safaricom, who split the revenue accrued from the lucrative business. According to the How M-Shwari Works: The Story So Far report written by Tamara Cook and Claudia McKay in 2015, Safaricom provides access to customers and transactional data on mobile phone and mobile money usage. CBA, on the other hand, develops credit scoring algorithms that analyse the transactional data to make credit evaluation decisions. The actual lending is done by the bank. One of the single biggest reasons why the M-Shwari app is preferred is because money is promptly credited to your phone immediately. But just as you receive money on the spot, you must also pay it back on time. Deferment and delayed payment can be costly and punitive. “I have always endevoured to pay back on time,” said Steve.

According to a Safaricom manager, M-Shwari is busiest from 3am to 5am and from 8.30pm to 10.30pm, not because of the nocturnal spending habits of young men like Steve, but because of the business acumen of women vegetable hawkers (known as mama mboga). From as early as 3 in the morning, the women vegetable sellers begin to borrow money from M-Shwari because they need to go their respective markets to buy their wares, fresh and in good time. These women are experts in M-Shwari borrowing. By the evening, when they are reconciling their figures, they will begin repaying their loan, usually from between 8.30pm and 10.30pm, in preparation for the dawn borrowing. The women borrow anything from between Sh3,000 and Sh5,000 daily. On a good day, the mama mboga will repay her M-Shwari debt and still remain with a tidy sum as profit. However, these women, who are M-Shwari’s most loyal customers, are the exception rather than the rule when it comes to paying back their loans.

According to a Safaricom manager, M-Shwari is busiest from 3am to 5am and from 8.30pm to 10.30pm, not because of the nocturnal spending habits of young men like Steve, but because of the business acumen of women vegetable hawkers.

Chebet, a student at the University of Nairobi, does not even care to know the interest rates charged by these mobile phone apps. She told me that she borrows between Sh1,500 and Sh3,000 per month. And she was very forthright on why she borrows the money: “I borrow to satisfy my spendthrift behaviours. I am always buying shoes, bags and clothes that my meagre allowance that I am allowed by my parents cannot satiate.”

The 19-year-old said her favourite borrowing app is Tala. “I got used to Tala because it is advertised a lot on mobile smartphones. Tala is truly one of the money-lending apps that is advertised 24/7 on Android smartphones. The pop-ups are constantly in your face every time you navigate through the phone.” (Tala was previously known as Mkopo Rahisi, Kiswahili for “easy loan.” The app has devised a system where it rewards referrals: for every person you recommend Tala to, you are paid Sh200. Users of Tala, nonetheless, have to part with an additional charge in the form of M-Pesa transaction fees because the app uses a Pay Bill number. I asked her whether she paid her debts in time; she said she had defaulted a couple of times.

Tasha, like Chebet, has no clue how much interest rate she is charged by Tala. Blandly honest, the 20-year-old student told me she told me she borrows “to buy myself make-ups.” Hence, every three months she will borrow between Sh1,500 and Sh3,000 from Tala.

Tala, which was started in March 2014 by Shivani Siroya, a former United Nations employee, began by dishing out Sh10,000 loans in Kenya; today it gives loans worth up to Sh50,000. The app has the highest interest rate among its competitors – between 11 per cent and 15 per cent. (Branch charges 8.4 per cent.) Tala charges 11 per cent if you pay your loan weekly and 15 per cent if you choose to pay monthly.

Tala has also come up with a system that can detect when customers change their mobile phone number. It has a default message that reads: “Your account is linked to another device.” It is a polite warning from Tala that it would be improper and risky to run away with their money, for example, thinking that by changing your sim card, you will be off the hook insofar as repaying your loan is concerned. Chebet, in not too many words, confirmed to me Tala’s tightening of its lending procedures: “You can run, but you cannot escape.”

Mariam, another 19-year-old, is hooked to Tala. Although not a spendthrift like Chebet, she nevertheless said a good thing will not pass her simply because she cannot afford it. “That’s why these apps came about; to be rescuing some of us when we are stuck.” Getting stuck often means not being able to do things, like going to concerts with your peers, because you don’t have the money. “The first time I borrowed money from my phone was when there was a big music show in town and I just could not afford to miss it. All my friends were going there. How could I be left behind?” Mariam uploaded the Tala app and in the blink of an eye she had money in her M-Pesa account. “I resorted to Tala because it’s really advertised on the phone, plus my friends invited me to use it.” Mariam says Tala’s interest rates are high, yet she opted to stick and continue using the app because she finds it convenient. She borrows between Sh1,000 and 2000 every month.

In an interview she had with the Business Daily in January, Siroya said that Tala’s association with the M-Pesa platform had given her company access to 27 million users. Worldwide Tala has given out 4.5 million loans worth Sh25 billion to clients in the Philippines, Mexico, Kenya and Tanzania. Ninety-five per cent of her clients are repeat customers.

George, 20, a student at the Jomo Kenyatta University of Science and Technology (JKUAT), was as candid as a college student can be. “What do you borrow the money for?” I asked. “To finance dates at fancy restaurants that I know very well I can hardly afford with my own meagre cash.” George also said he borrows to patronise expensive pubs, which ordinarily he would not afford. “How often do you borrow?” Often enough was his curt answer. “Which app do you usually use?” The student said he does not have a specific app and therefore did not also care to find out their respective interest rates. “I will use any as long as it gets the job done. But I have noticed, by and large, I tend to rely mostly on Tala and M-Shwari.” I also asked him whether he repays the loans, if at all. “I do, although I am always falling behind schedule.”

Just like her fellow college mate George, Barbara, 19, a student at the University of Nairobi, does not care about interest rates. “All that I care for is there is money coming my way.” She said she borrows “to get through to the end of the month, as well as to buy my writing books for assignments after squandering my allocated pocket that my parents give me for every month.” Barbara said she religiously borrows between Sh1,000 and Sh2,000 every month. “I use Tala simply because of peer influence – many of my friends use it and they recommended it to me.”

Perhaps it is because of his age that I found Joe’s reason for resorting to the online borrowing money apps reassuring. Joe is 21 and has almost completed his studies at JKUAT. He therefore is already thinking about what he will do after exiting college. He currently runs a mitumba (secondhand clothes) business, selling contemporary clothing to his fellow students. So when I asked him what he borrows the money for, he promptly told me that he borrows it to replenish his stock and to keep his business afloat,“because oftentimes, I’m not paid on time by my customers”. Every month he borrows a standard Sh2,000 from Tala, which he repays promptly.

Chomba, also a university student, borrowed just once because he had a real emergency. His sister’s child, who he was looking after when he was on recess, became sick and needed urgent treatment. “I had heard about KCB-M-Pesa and its reasonable interest rates, so I downloaded the app and borrowed Sh4,000. I later opened an account with KCB.”

Njoroge, the financial expert, pointed out to me that online loans are approved on the basis of the applicant’s reputation, “what they call reputational collateral”. Reputational collateral is dependent on such habits as how many times you make your calls and how often you transact on your M-Pesa account. “The apps’ engineers have developed algorithms that compile your personal data: your social media activities – the kind of Facebook messages you post, your type of friends, how many there are, the sites you like visiting, among other analytics.” He said all this was part of the data analytics that CRB also collects on individuals’ financial habits, which CRB uses to advise whoever requires the data.”

Danson Muchemi, CEO of Jambo Pay, the IT company that collects revenue on behalf of Nairobi County, especially revenue relating to parking charges, praises the online borrowing apps “because they brought down banking barriers. There is no more profiling. The technology has enabled the creation of ‘digital assets’ that approximates what type of a person you are. Armed with this information, the apps are able to sketch your character and identify your spending habits, needs and wants, even though there is a thin line that separates the two.”

“The apps’ engineers have developed algorithms that compile your personal data: your social media activities – the kind of Facebook messages you post, your type of friends, how many there are, the sites you like visiting, among other analytics.” He said all this was part of the data analytics that CRB also collects on individuals’ financial habits, which CRB uses to advise whoever requires the data.”

Unlike the banks, which depended on your “CV” to arrive at a decision about whether or not they will advance you a loan, the power of technology is such that it can, with near precision, detect whether or not you will be a defaulter. By analysing your social media profile, the apps can sum up your personality and your willingness or ability to pay back. “Technology, as opposed to traditional banking methods, which took ages deciding on whether you qualify for a bank loan or not, allows mobile banking financiers to make that decision fast and instantly.”

“Old habits die hard” is an English idiom that explains acquired habits that later become difficult to get rid of. When a loan is just a click away, it is not hard to imagine a future where online borrowing will become a habit, or maybe even a harmful addiction, among Kenyans.

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MOTHER OF THE NATION: The spear has fallen

In this third and final part of a three-part series, ISAAC OTIDI AMUKE revisits the funeral of Winnie Madikizela Mandela, the Mother of the South African Nation who defied both apartheid and patriarchy till her dying days. The eulogies paint a picture of woman with a fighting spirit who served as an enduring inspiration to her people.

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maWinnie: Lessons in Feminist Approaches to Storymaking
Photo: Flickr/GovernmentZA

April 2018

‘‘She talked about forgiveness, and it’s one of those things that whenever she spoke about, she would have tears in her eyes but the tears wouldn’t roll down her face,’’ Zodwa Zwane, Winnie Madikizela-Mandela’s personal assistant, stated in her eulogy on April 11, 2018, during an ANC memorial service at Orlando Stadium in Soweto, Johannesburg. ‘And she would say Zodwa, I don’t have tears anymore. I have felt pain up to the highest threshold.’’

Seth Mazibuko, who was the youngest member of the Student Action Committee that led the Soweto students’ uprising starting in June 1976 – which resulted in the killing of hundreds of students by apartheid police (estimates range between 176 and 700 deaths, with over 1,000 injured) – said that Madikizela-Mandela was an eternal source of strength to his generation. He recalled that fateful 16th of June 1976 when school children were shot by apartheid police for participating in a protest against the introduction of Afrikaans as the official language of instruction in schools. Madikizela-Mandela – driving a maroon Volkswagen Beetle – and journalist Sophie Tema – driving a white Volkswagen Beetle – rushed to the scene and ferried the dead bodies of the massacred children away. Among those killed was 12-year-old Hector Pieterson who became the face of the uprising when the photo of 18-year-old Mbuyisa Makhubu carrying a fatally shot Pieterson was widely circulated across the world.

Mazibuko credits Madikizela-Mandela with admitting him into a proper psychiatric hospital after he was released from prison at the time when he was suffering from post-traumatic stress disorder (PTSD). He says that decision alone – of getting him proper medical care – could only be taken by someone who truly cared for him. Madikizela-Mandela taught him how to cook, as well as reprimanded Mazibuko whenever he transgressed.

‘‘The saddest part of the news of her passing is that it has happened at a time when we needed the energy and gallant spirit of a mother of the nature and stature of Mama Winnie,’’ Mazibuko stated. ‘‘Some of us in the struggle are still hurting. We needed the motherly side of Mama Winnie that would urge us to keep going. We needed a voice as strong as that of Mama at this time when the ANC is talking of renewal and unity.’’

People like Mazibuko had not just lost a leader, but a mother-figure as well. When he was sent to prison at Robben Island aged 16, it was Madikizela-Mandela who went out of her way to look after his own mother. There were many more instances where Madikizela-Mandela went above and beyond the call of duty to assist. That being said, it wasn’t lost on Mazibuko that there were sustained onslaughts to isolate and discredit Madikizela-Mandela as she fought apartheid and even after the ANC assumed power in 1994.

‘‘There is no struggle that is clean,’’ Mazibuko said. ‘‘The struggle was conducted on the dirty streets of Soweto, and here was someone willing to fold her sleeves and get her hands dirty. When other people were in exile, it was Mama who kept us together. When freedom came, she never enjoyed it. She was pushed away. We owe her an apology before we say ashes to ashes.’’

Tokyo Sexwale, the former Premier for Gauteng province, the Minister for Human Settlements and an ANC liberation stalwart, was the only person who had lived in the same house with Madikizela-Mandela before being jailed at Robben Island in 1977, where he served 13 years after being convicted for terrorism and conspiracy to overthrow the apartheid government. Sexwale had taken shelter at Madikizela-Mandela’s Soweto residence as a 17-year-old ANC activist, a home where he stayed in for three years before embarking on Ukhonto we Sizwe activities, which landed him in jail. On arriving at Robben Island, Sexwale said that the prison’s most famous detainee, Nelson Mandela, wanted to know every little detail about life in his Soweto home, asking about his wife and two children – how they dressed, how each of the kids performed at school, how they coped with his absence – information Sexwale readily volunteered.

‘‘There is no struggle that is clean,’’ Mazibuko said. ‘‘The struggle was conducted on the dirty streets of Soweto, and here was someone willing to fold her sleeves and get her hands dirty. When other people were in exile, it was Mama who kept us together. When freedom came, she never enjoyed it. She was pushed away. We owe her an apology before we say ashes to ashes.’’

‘‘I saw with my own eyes the torture, the humiliation by the police who came in to break things, to take clothes off the laundry line and throw them into the rubbish dump… and she would go and pick them up and wash them all over again with tears in her eyes,’’ Sexwale recalled. ‘‘I saw the tears of joy whenever it was time to visit Mandela at Robben Island and the tears of sadness whenever she returned from Robben Island. I saw the police slapping her. I saw them calling her bitch in her own house.’’

‘‘When they slapped her she fought back,’’ Sexwale continued. ‘‘They would hit her with fists and whenever I tried getting up to intervene they would kick me. And the children, Zenani and Zindzi, would be there from time to time whenever they were back from school in Swaziland. Then on the night they came to take her away for detention, she was kicking and screaming, telling the men that the things they were doing to her wouldn’t stop her people’s liberation.’’

‘‘No person should go through the life of Winnie. Let alone a woman, a mother,’’ Sexwale said of Madikizela-Mandela on April 2. ‘‘We have lost one of our best. Winnie was like a candle caught in the crosswinds. She was an indefatigable person, a fighter and a defiant resistor to the end. She even refused – when I spoke to her last week – to have a wheelchair. She would not succumb. She was defying gravity. The nation has lost a heroine… one of our best… a mother not only to her two daughters but a mother to the nation of our unwashed masses….’’

ANC Deputy Secretary General Jesse Duarte – who is the only woman serving as a member of the party’s ‘‘top six’’ officials – remembers Madikizela-Mandela as nothing but a nurturer, a mother to whoever needed one. No child who needed a place to stay was ever turned away from Madikizela-Mandela’s home, and whenever anyone was arrested, Madikizela-Mandela made sure their families were taken care of and lawyers were hired for them. When Duarte was released from prison in 1988, where she was detained without trial for close to a year, she first stopped to see Albertina Sisulu, the struggle stalwart and wife of Walter Sisulu, who had recruited her into the ANC back in 1979 when she was 26. Her next stop was the Soweto home of Madikizela-Mandela, who told her that now that she was back from prison it was time to recommit to the liberation struggle because the difficult work they had started was not yet complete.

‘‘Comrade Winnie Mandela is the Winnie Mandela of the people of Ivory Park, the Winnie Mandela of the people of Slovo Park,’’ Duarte eulogised Madikizela-Mandela on April 11. ‘‘She is the Winnie Mandela of the poor, the Winnie Mandela of the working classes of this country. She gave everything she had. She kept very little for herself and her family. She gave us her life, her commitment. She never betrayed our struggle. She did not betray the revolution….’’

Speaking at the United Nations headquarters in New York on April 4, former South African Vice President (to Thabo Mbeki), UN Under Secretary-General and Executive Director of UN-Women, Dr. Phumzile Mlambo-Ngcuka, elaborated on how and when Madikizela-Mandela was christened Mother of the Nation, and why she was enormously deserving of the reputable title.

‘‘She believed she was a rock, and therefore she had to be there for people to lean on her,’’ Dr. Mlambo-Ngcuka said. ‘‘She fought a system that was brutal, and the fact that she was defiant at every turn gave many of us the courage to fight back in our own small ways because we had this larger-than-life personality who was leading from the front. She was not the wife of an icon. She was an icon in her own right, standing next to another icon.’’

‘‘For decades when we couldn’t relate to the leaders,’’ Dr. Mlambo-Ngcuka continued, referring to top ANC leaders who were either in jail, underground or exiled, ‘‘she was the go-to person who helped glue the different groupings in the country together. That is why she was called Mother of the Nation…She will be solely remembered as a gallant fighter against apartheid who fought for women, fought for her community and fought for the oppressed people. Period.’’

‘‘She believed she was a rock, and therefore she had to be there for people to lean on her,’’ Dr. Mlambo-Ngcuka said. ‘‘She fought a system that was brutal, and the fact that she was defiant at every turn gave many of us the courage to fight back in our own small ways because we had this larger-than-life personality who was leading from the front. She was not the wife of an icon. She was an icon in her own right, standing next to another icon.’’

One group which understood what Madikizela-Mandela’s motherhood and nurturing side felt like was the then expelled leadership of the ANC Youth League, among them Julius Malema and Floyd Shivambu, the duo which went on to become president and deputy president of the Economic Freedom Fighters (EFF). On learning of their expulsion from the party for supposed ill discipline in their push for a radical economic transformation agenda, the expellees’ first stop was the Soweto home of Madikizela-Mandela, who embraced and comforted them. Much as the group went ahead to form a political party that became a sharp thorn in the ANC’s flesh, Madikizela-Mandela maintained a very public, uninhibited motherly attitude towards them.

During the 2017 doctorate graduation ceremony of MP and EFF spokesperson Mbuyiseni Ndlozi, Madikizela-Mandela, who was in attendance, congratulated ‘‘her boys’’ in her usual joking manner, telling them that ever since they went to parliament they had been doing exactly what she had asked them to go and do. Madikizela-Mandela spoke of how she had told the EFF to go and wake the ANC up, since the liberation movement was sleeping. ‘‘You have done a better job because no parliamentarian sleeps anymore,’’ a jovial Madikizela-Mandela said to enormous applause. ‘‘Everyday you insult us, you are doing exactly what I sent you to do in parliament.’’

In their condolence message to the Mandela and Madikizela families – typed in their characteristic red ink – the EFF castigated the ANC for denying South Africa its first woman president. This was in reference to the December 1997 ANC Mafikeng elective conference, where Madikizela-Mandela intended to offer herself for election as the party’s deputy president to Thabo Mbeki, a move which could have seen her rise to the country’s presidency post-Mbeki.

The bottleneck was that Madikizela-Mandela had not been nominated by ANC branches before the conference, as was procedure, meaning she needed a nomination from the floor of the conference backed by 25% of delegates. Madikizela-Mandela requested Mbeki, who was chairing the session – flanked by Jacob Zuma on his right and Nelson Mandela on his left – to briefly adjourn the conference so that she could speak to delegates and get her nomination on course, something Mbeki called canvassing. Mbeki declined to adjourn, leaving Madikizela-Mandela with no choice but to quash her ambition. Jacob Zuma was elected ANC deputy president unopposed, setting on course his future disastrous presidency.

Yet when Mbeki and his friend-turned-foe Jacob Zuma were threatening to tear the ANC apart during the party’s 2007 Polokwane elective conference – which they eventually did following Mbeki’s defeat and subsequent recall as president of South Africa – it was Madikizela-Mandela who summoned the moral courage before the conference and confronted the two men, asking them to shelve their ambition for the ANC presidency and instead settle for a compromise candidate, an initiative which bore no fruit, seeing that the livid duo was keen on going all the way. As she spoke to the two men, Madikizela-Mandela reported that they both used one phrase in reference to each other – ‘‘Mama, you don’t know that man.’’ It took a decade after Jacob Zuma’s 2007 election as ANC president in Polokwane for the party to regain a semblance of unity following the December 2017 Nasrec elective conference where Cyril Ramaphosa was elected ANC president, leading to the recall of a stubborn Jacob Zuma, who had hugely dented the party.

Asked how Madikizela-Mandela should to be remembered during an April 6 interview, Thabo Mbeki ardently pushed the argument that it was ill-advised to single out personalities and celebrate them as individuals, when in fact they had been part of a collective. Mbeki insisted that Madikizela-Mandela was part of the liberation effort, and that she should therefore be remembered in that context – as one in the midst of many. He seemed to be making the argument that even if individual members of the movement – like Nelson Mandela – had previously been celebrated as icons in their own right on the occasion of their passing, then it was time to change that culture. It appeared the former president feared that Madikizela-Mandela was about to be lionised. Unfortunately for Mbeki, there was never going to be moderation in the remembrance of the Mother of the Nation, a nation extending beyond South Africa’s borders.

Mbeki’s perception of Madikizela-Mandela as an attention-seeker is best illustrated by an incident during the 25th anniversary of the 1976 Soweto students uprising in 2001. Mbeki, at the time South Africa’s president, had already arrived at the anniversary celebrations when Madikizela-Mandela made her late entry. Amid cheers from the crowd, Madikizela-Mandela walked up to the high table where she went to hug Mbeki, who while declining the hug, knocked Madikizela-Mandela’s cap off her head, an act Mbeki says was accidental.

‘‘She did something wrong… she liked arriving at meetings late, deliberately… in order to get applause,’’ Mbeki said of the incident. ‘‘She comes in alone, and people’s attention is drawn away from the person speaking… she did that systemically. So when she came on stage and wanted to embrace me I told her you can’t do wrong things like that repetitively.’’  His remarks attracted the wrath of Madikizela-Mandela’s supporters, coming as they did just days after her passing.

The irony of the whole situation is that during the anti-apartheid struggle, when the ANC leadership was either exiled in Zambia or imprisoned, it was Mbeki and other ANC intellectuals who made a conscious decision to settle on Nelson Mandela as the face of the movement, a choice hugely influenced by the fact that Mandela’s wife had built her own larger-than-life profile as a revolutionary who was constantly targeted by the apartheid regime. For Mbeki and his comrades, pairing the profiles of Nelson Mandela and that of Madikizela-Mandela was an act of genius, Mandela having served 27 years in prison and Madikizela-Mandela having become the globally renowned liberation stalwart and persecuted wife of the long-serving prisoner. While it suited the ANC to exploit Madikizela-Mandela’s “Mother of the Nation” stature, she was also isolated and labelled as an ill-disciplined disruptor when it was convenient, especially when she posed a direct political threat to the powers-that-be within the organisation.

The irony of the whole situation is that during the anti-apartheid struggle, when the ANC leadership was either exiled in Zambia or imprisoned, it was Mbeki and other ANC intellectuals who made a conscious decision to settle on Nelson Mandela as the face of the movement, a choice hugely influenced by the fact that Mandela’s wife had built her own larger-than-life profile as a revolutionary who was constantly targeted by the apartheid regime.

Mbeki may or may not have an axe to grind with Madikizela-Mandela or her legacy – and he recently stated that he and Madikizela-Mandela had a cordial relationship despite the mishaps – but what remains clear is that theirs could be a manifestation of the divide between forces on the ground, as represented by Madikizela-Mandela and Chris Hani, and the top exiled ANC leadership, as represented by Mbeki – two groups who hugely contributed to the struggle but who seemed to look at the frontline from different prisms.

The ANC has always refuted the perception that its ranks are split into three: the Robben Islanders, constituting Nelson Mandela and his Rivonia trial comrades; the external exiles, consisting of the likes of Mbeki; and the in-xiles (internal exiles) consisting of the likes of Madikizela-Mandela. The jury is still out on these divisions.

Mbeki had wanted to join the Umkhonto we Sizwe fighting force after his undergraduate studies, but ANC president O.R. Tambo declined his request, insisting that Mbeki needed to return to Sussex University to pursue his Masters degree. Much as Mbeki would later undergo military training in Moscow, where he and Chris Hani marked their 28th birthdays together, he would remain an intellectual and ideologue within the ANC, never a gun-carrying fighting cadre. On the other hand Chris Hani and Madikizela-Mandela commanded ground forces. This in turn set the stage for the grouping of perceived militants like Hani and Madikizela-Mandela on one side, and supposed moderates like Mbeki on the other, which affected how they related with each other within the organisation.

****

‘‘I am not used to hearing such nice things being said about me,’’ Madikizela-Mandela said on the occasion of her 80th birthday in September 2017 as she entered the Johannesburg venue of the gala. ‘‘I am one of the lucky few to be told such heartwarming things when I am still alive.’’

Historically, the African liberation struggle – in all its forms and shapes – has been a highly patriarchal affair, both by design and by default that seeks to quarantine and limit women. The rise of Winnie Madikizela-Mandela from Nelson Mandela’s wife to a tour de force within the ANC and beyond should be viewed in the context of an African woman beating not only her cultural and societal inhibitions, but going ahead to challenge – head on – the oppressive white occupational state which even the men in her midst who had all the privileges patriarchy afforded them found hard to confront. Madikizela-Mandela first defied patriarchy, before proceeding to defy apartheid. According to South African feminist writer and journalist Gail Smith, in the final analysis, Madikizela-Mandela won the battle against apartheid but she lost the fight against patriarchy, which reared its ugly head even in her death.

Young women across the world have pushed back on Madikizela-Mandela’s demonisation and retold her story – warts and all. Standing outside Madikizela-Mandela’s Soweto home, Cape Town’s executive mayor Patricia de Lille was overcome by emotion as she spoke to a reporter after viewing Madikizela-Mandela’s body, which was brought back to the residence that April 13 evening, where it spent the night before burial the following day.

‘‘It’s really hit me now… because the whole week, two weeks, you know you still hope… and you know we prayed for her… she’s our mother…’’ de Lille said, unable to weave words together, teary eyed, her voice shaking with palpable grief. ‘‘You know she’s no more and her memory will live with us,’’ de Lille continued after regaining composure. ‘‘But we must continue to put up the fight for the poor, the landless, the homeless, because that’s what Mama lived and died for. When I saw her tonight for the last time I recommitted myself to that path of making sure that there are more people in our country who must taste the fruits of freedom and not just a few. That has always been the dream of Mama.’’

De Lille, who was reportedly in trouble with her party, the Democratic Alliance (DA), for choosing to attend a memorial service for Madikizela-Mandela organised by her party’s rival, the Economic Freedom Fighters (EFF), next to the Brandfort house where Madikizela-Mandela was banished in 1977, had retorted that in African culture, when a mother died, it was mandatory for one to go and pay one’s respects. She referred to Madikizela-Mandela as her sister, mother and comrade. She didn’t need to ask anyone for permission to mourn, De Lille said.

‘‘The violence and the torture just made her more resolute,’’ de Lille continued. ‘‘Later she was saying there’s no more pain left and there’s no more fear left but at the same time she was a very soft person, with a heart of gold. We could come to her at anytime. If I just wanted to let off whenever I questioned myself whether it’s worth it to carry on with the struggle, I used to come here and spend hours with Mama and by the time I left I just knew I couldn’t give up. I had to continue. Now that she is no longer there we all have to commit ourselves to work even harder to make sure we look after the poor of this country… tonight I can feel that I have seen her for the last time, but she taught us to never give up… to press on… press on… press on… and that is what I will continue to do.’’

‘‘The violence and the torture just made her more resolute,’’ de Lille continued. ‘‘Later she was saying there’s no more pain left and there’s no more fear left but at the same time she was a very soft person, with a heart of gold.”

Barely an hour after Madikizela-Mandela’s body returned to Soweto, a high-level memorial event attended by UN Secretary General Antonio Guterres was held at the United Nations in New York. The words of Cuba’s Permanent Representative to the UN, Ambassador Anayansi Rodriguez Camejo, possibly captured best the collective mood and sentiment of the evening:

‘‘The Apostle of our independence Jose Marti said, ‘Death is not true when the work of life has been fulfilled.’ Winnie was and is living history. She was Nelson’s voice on the streets of her country and around the world when he was imprisoned by the apartheid regime…Her spirit of resistance earned her admiration from honourable people but also the fear of her enemies who could never bring her to her knees. She has been rightly called the Mother of the South African Nation, but she was more than that. Her motherly embrace transcended the borders of her homeland because with the victory of the South African people over apartheid Africa was reborn… Winnie is the expression of the rebellious and fearless spirit of all African women.’’

Asked why it was imperative for her to be present to witness Madikizela-Mandela’s casket – draped in the ANC’s green, yellow and black flag – being carried off the hearse and up the hill leading to her home, a woman wearing a red doek said, ‘‘It was important for me to be here. Mama Winnie was the Mother of the Nation. She fought for us through thick and thin,’’ she said. ‘‘No woman can stand the pain that Winnie withstood. She was strong in jail. She never had time to stay with her family or her kids but she remained strong. I wish I could be like Winnie. I wish every woman can be as strong as her.’’

Asked what she felt at that emotional moment, a younger woman standing next to the woman in a red doek quoted Madikizela-Mandela. ‘‘You strike a woman you strike a rock,’’ she said, ‘‘She was the embodiment of the strength of the African woman.’’ A young man standing behind the two women – dressed in a yellow ANC T-shirt and a black marvin and carrying a black backpack, said, ‘‘I felt like crying because uMama Winnie fought for us… today I am literally still here because of people like her… go well uMama.’’

‘‘No woman can stand the pain that Winnie withstood. She was strong in jail. She never had time to stay with her family or her kids but she remained strong. I wish I could be like Winnie. I wish every woman can be as strong as her.’’

‘‘The sad news that has led us to this moment, this moment when you see the casket of uMama Winnie Madikizela Mandela draped in the ANC flag,’’ South Africa Broadcasting Corporation’s (SABC) Aldrin Sampear reported, standing on a partly deserted street corner outside Madikizela-Mandela’s home. ‘‘Inside this house is the body of uMama Winnie Madikizela-Mandela. The body that was bruised and battered. The body that said there’s no type of pain that I have never experienced. The body that spent 491 days in prison. The body that after seven days (of non-stop interrogation) was urinating blood. The body that was electrocuted. The body that made sure that body would overcome and fight for the freedom of South Africa.’’

At the poignant moment when Madikizela-Mandela’s body was being carried past her gate and into her Soweto home – with the gathered crowd ululating and shouting Amandla! once the casket entered the compound – a somber-looking American civil rights leader, the Reverend Jesse Jackson, and members of the Umkhonto we Sizwe veterans association sang in unison the liberation dirge Hamba Kahle over and over again in line with the tradition of honouring struggle stalwarts. Hamba kahle mkhonto//Wemkhonto/Mkhonto we sizwe – safe journey spear, yes spear, spear of the nation. The spear of the nation had indeed fallen.

The ANC logo has a hand holding a spear. On the logo of the opposition party, the Economic Freedom Fighters (EFF), a hand-held spear sits across the map of Africa. When Nelson Mandela and his comrades Walter Sisulu and Joe Slovo decided to launch an armed struggle against apartheid and formed a military wing of the ANC, they named it Umkhonto we Sizwe (Xhosa for spear of the nation).

It goes without saying that nothing symbolises the anti-apartheid struggle more than the spear. It increasingly appears that that spear is a woman, and that woman is Winnie Madikizela-Mandela, the Mother of the Nation.

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