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NAIROBI: A city in which ‘contempt for the resident is everywhere apparent’

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NAIROBI: A city in which ‘contempt for the resident is everywhere apparent’
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“The people are the city.”Citizens in William Shakespeare’s Coriolanus

At the crack of dawn, roughly between 5a.m and 7a.m, the “Great Trek” in Nairobi begins. Hordes of security guards, domestic workers, office cleaners, factory workers, vegetable hawkers, office messengers and jua kali artisans, among others, start their journey to work – on foot. It is a scene to behold. Thousands of people purposefully walking on roads meant for cars – sometimes for as long as three hours – to report to work by 8a.m., if not earlier.

These are the forgotten people, the ones the city’s urban planners have not catered for since Nairobi came into existence more than a century ago – when the city was planned as an apartheid city, built for a minority white elite that owned cars. Since then Nairobi has been characterised as a city that lacks pavements. Road builders either fail to build pavements during construction or pavements are so small or dilapidated that people have to use the road when walking.

However, even the roads meant for cars are failing the city’s residents. Traffic jams have become so normal in Nairobi that people plan their days around them. Moreover, recent proposals to have “car-free” days will not have the desired impact because those who use private cars are unlikely to walk to work or use public transport. To make matters worse, the frenzied construction of apartment blocks in residential areas has not been accompanied by a commensurate increase in the number of roads and pavements. On the contrary, the construction of office blocks and apartment buildings in many neighbourhoods has led to the uprooting of precious green spaces.

A World Bank study estimates that around 40 per cent of trips in Nairobi are made on foot. Matatus and minibuses account for 30 per cent of these trips while buses account for 10 per cent. Only slightly more than 10 per cent of the city’s population uses private cars. Unlike in many European cities, where walking is considered a lifestyle choice, and where pedestrian pathways and public transport is part of the transport infrastructure, in Kenya a large number of people walk because they can’t afford any other means of transport. Urban transport here is, therefore, not only deeply related to poverty and inequality but also to poor or non-existent transport infrastructure, including sufficient roads and pavements.

A World Bank study estimates that around 40 per cent of trips in Nairobi are made on foot. Matatus and minibuses account for 30 per cent of these trips while buses account for 10 per cent. Only slightly more than 10 per cent of the city’s population uses private cars.

According to Streets as Public Spaces and Drivers of Urban Prosperity, a UN-Habitat report published in 2013, Nairobi has allocated just 11 per of land to roads, which is way below the optimum level of around 30 per cent. (About a third of the land in Manhattan, for instance, is allocated to roads and pavements.) Moreover, the scarcity of roads is evident in both rich and poor neighbourhoods. For example, only 3 per cent of the land in both the up-market Muthaiga and the low-income Kibera is made up of streets. This is worrying because roads and pavements are not just important for mobility, they are also important for the development of related infrastructure, such as water and sewerage systems, which are usually laid down along existing road networks. According to the report, fewer roads and poor road connectivity make cities less prosperous.

Build it and they will come?

But will the construction of more roads improve mobility in the city? Not necessarily. Evidence suggests that more roads in urban areas can actually make mobility more difficult. During the Mwai Kibaki administration, for example, there was a concerted effort to build more roads and highways in Nairobi, ostensibly to ease congestion and improve transport infrastructure. The irony is that despite having more roads in the city, traffic in Nairobi has reached nightmare proportions

This contradiction was predicted some years ago by Enrique Penalosa, the former mayor of the Colombian capital Bogota, when he gave a public lecture at Nairobi University a few months before the construction began. Penalosa said that expansion of the road network in many cities had shown that instead of reducing vehicular traffic, the traffic actually increased. This could be attributed partly to the “build it and they will come” logic that is based on the idea that the building of infrastructure is itself an incentive for more people to use it.

In Nairobi, there has also been a marked increase in the number of private vehicles and matatus on the roads. The construction of highways has also improved connectivity with satellite towns, which has increased traffic flow into the city. These are probably some of the reasons why, despite the construction of several bypasses on Mombasa Road, Uhuru Highway remains the most congested main artery in the city at all hours of the day. The construction of the Thika Superhighway has had a similar effect: the highway has led to urban sprawl as satellite towns have emerged along it, with the result that more commuters from peri-urban areas are now using the highway.

The former mayor of Bogota said that instead of making more room for cars, cities should make more room for pedestrians, cyclists and mass rapid transit systems. This would encourage residents to use alternative forms of transport, which would lessen traffic on the roads.

When he was mayor of the Colombian capital Bogota between 1998 and 2001, Penalosa created a bus rapid transit system featuring bus-only lanes. Penalosa will also be remembered for building an extensive network of bicycle paths and pedestrian-only streets at a time when cities such as London and Paris had not even thought of them. (Now both London and Paris are emulating the Bogota example.)

Penalosa believes that today’s cities need to be totally re-designed to cater for pedestrians and cyclists. In an interview with the online Citiscope magazine, he stated: “For 5000 years we designed cities for people without cars. When cars appeared, we should have begun designing totally different cities. We did not. We just made bigger roads.”

When he was mayor of the Colombian capital Bogota between 1998 and 2001, Penalosa created a bus rapid transit system featuring bus-only lanes. Penalosa will also be remembered for building an extensive network of bicycle paths and pedestrian-only streets at a time when cities such as London and Paris had not even thought of them.

Streets as public spaces

In Nairobi, planners and policy makers are planning for vehicles, not pedestrians. This is in sharp contrast to trends in Europe where citizens are reclaiming their streets as “public spaces” by re-designing streets so that they are accessible only to pedestrians and cyclists. For instance, London has made parts of the famous Trafalgar Square inaccessible to cars and many European cities, including Copenhagen and Amsterdam, encourage the use of bicycles. Apart from the health and environmental benefits, the reclamation of streets as public spaces has immense social benefits. Streets become the great levellers where people from all walks of life meet and interact. This promotes social inclusion.

The idea that streets should be public spaces gained momentum in the mid to late 20th century when American urbanists, such as Jane Jacobs, suggested that “you need to walk a city’s streets to see its soul”. More recently, the American economist Edward Glaeser suggested that the most successful cities in the world are those that “enable us to work and play together” in close proximity and through physical interaction. These interactions are only possible when people mingle on streets and public spaces.

Penalosa is also a great advocate of public spaces, such as parks and playing fields. He notes that New York City created Central Park in 1860 when the city was much poorer than it is today, and that London, a heavily built-up city, has 1,500 public football fields that are open and free to all residents. (In contrast, Nairobi County Governor Mike Sonko had at one time suggested that Uhuru Park – Nairobi’s largest public park – be turned into a matatu stage. Neither under Sonko nor under any of the city’s former leaders have there been plans to build more public parks in the city. What’s worse, in recent years land grabbers have even attempted to steal playgrounds in Nairobi’s public schools.)

The idea that streets should be public spaces gained momentum in the mid to late 20th century when American urbanists, such as Jane Jacobs, suggested that “you need to walk a city’s streets to see its soul”.

Nairobi, like many African and Asian cities, seems not to have learnt lessons from European and other cities where there is a growing “liveable cities” movement that emphasises reduced dependence on motorised transport by making streets more accessible to cyclists and pedestrians. Nairobi’s streets are clogged with cars, matatus and private vehicles, and pavements are fast disappearing or are in a dilapidated state. Many streets do not even have pavements, and those that do are often encroached upon by hawkers and even by motorists. As one Kenyan commented on Twitter, “If there were pavements in Nairobi, motorists would drive on them.” The lack of adequate pavements and bicycle paths has also resulted in unnecessary deaths of pedestrians and cyclists; in fact, cycling and walking are considered among the most dangerous forms of transport in Kenya.

Penalosa is also against the new trend of shopping malls (which has become a rage in Nairobi), which he says deprives city dwellers of walking in and enjoying their city. Local corner shops disappear as the rich flock to enclosed malls. In Nairobi social apartheid that separates the urban rich from the urban poor is now becoming increasingly apparent in these up-market malls and gated communities.

Kenya Urbanization Review, a World Bank report published in February 2016, says that Nairobi is at a particular crossroad and can go down one of two main routes: It can either build its way out of congestion by building more roads to serve the increasing motorisation rate, or it can invest in public transport networks to promote a more compact and environmentally friendly city. “Either way,” says the report, “the fundamental priority is to avoid a trade-off between access and sustainability” that will lock Nairobi into highly land-consuming and car-dependant development patterns.

Devolution: Challenges and opportunities

Like most African cities, Nairobi did not grow as a result of a grand master plan – much of the city has grown spontaneously and haphazardly. Even when there were plans, they were largely ineffective because they did not reflect the reality on the ground and did not anticipate the rapid urban growth rate (driven largely by rural-to-urban migration) after independence in 1963.

For instance, if urban planners and policy makers understood that a large proportion of the city’s 4 million or so residents walk to work (because they cannot afford public transport), they would be ensuring that there would be more and wider pavements in the city and more affordable mass public transport. Urban planners are also in short supply. According to the World Bank report, in 2011 there were only 194 accredited urban planners in the whole of Kenya, compared to 1,690 in South Africa.

Nairobi has ambitions to become a “world class city”, but these ambitions are being hampered by the city’s delusional sense of its own importance that fails to recognise that more than half of the city’s population lives in overcrowded slums with few amenities, such as piped water or electricity. It is estimated that only 36 per cent of households in the city’s informal settlements have direct access to piped water. The urban poor in the city also pay more for water than rich households, as water has to be purchased from water vendors who sell them by the litre. Slum dwellers in Nairobi do not even have access to sanitation and are forced to use makeshift pit latrines. It is estimated that only 18 per cent of Kenya’s total urban population has access to a sewer system; 70 per cent of urban dwellers rely on septic tanks or pit latrines.

Tunku Varadarajan, writing in Forbes in September 2009, described Nairobi (along with Lagos, Karachi, Lima, Cairo, Jakarta, Dhaka, Caracas and Manila) as “an utterly charmless city” – “edgy, aggressive and inhospitable”, a city in which “contempt for the resident is everywhere apparent” and where there are “few parks and sidewalks, and scarcely any of the amenities that comprise the core of urban civilization”. Varadarajan’s assessment of the city may appear harsh, as other observers have commended the city for its vibrant culture and cosmopolitan nature. (Lonely Planet, for example, has described Nairobi as one of the best cities in the world, and has praised it for its “excellent nightspots and good music scene”). However, it is clear that Nairobi lacks the one thing world class cities have – a safe, affordable, reliable and well-regulated public transport system.

Tunku Varadarajan, writing in Forbes in September 2009, described Nairobi (along with Lagos, Karachi, Lima, Cairo, Jakarta, Dhaka, Caracas and Manila) as “an utterly charmless city” – “edgy, aggressive and inhospitable”, a city in which “contempt for the resident is everywhere apparent”

Poor leadership and corruption have further contributed to creating an urban culture that lacks vision. If Nairobi was a place that catered for the majority of its residents’ needs, there would be more pavements, bicycle paths, public parks, public toilets and playing fields in the city. But a land grabbing frenzy has ensured that even the few green spaces (and even public toilets) in the city have now become concrete blocks.

The fundamental reason why Nairobi is so dysfunctional is because its dysfunction is self-perpetuating. Urban dwellers do not demand better infrastructure and services and expect little from the authorities, which leads of a vicious cycle of low expectations, little infrastructure investment and low productivity. When the city fails to provide services, such as garbage collection, those residents who can afford it hire private garbage collectors. The same applies to security, water provision and other essential services. This has resulted in widening the gap between the haves and the have-nots.

Devolution may have actually contributed to the city’s woes as there is no longer a City Council or Ministry of Local Government to blame. The 1963 Local Government Act created 175 local authorities in Kenya, which were abolished under the new constitution that was promulgated in 2010. As required by Article 184 of the constitution, national legislation should provide for the governance and management of urban areas.

The Urban Areas and Cities Act (Revised 2015 edition) does provide for a system of city and municipal boards and town committees that are tasked with adopting urban policies and strategies, including on service delivery and land use. However, the criteria for the creation of these boards are rather restrictive, and could serve as a deterrent to the formation of such boards, especially in poor and largely rural counties.

One of the conditions for the creation of a city or municipal board is that the city or town should have the capacity to generate sufficient revenue to sustain its operations, which is difficult for many of the poorer counties that rely on the national government to carry out operations, including the building of roads that are not part of the national highway network. Nairobi, Kenya’s largest and wealthiest city, collected Sh11.7 billion in revenue in 2015/16, but it is the exception in a country where the majority of towns have populations of less than 250,000 and where urban-based activities are not the mainstay of largely rural economies. Another condition is to have the capacity to effectively and efficiently deliver services, which is a tall order for most smaller towns in Kenya.

One of the pitfalls of devolution is that urban areas may suffer under a system where devolved funds are being used to cater mostly for rural populations in the counties, rather than to the needs of urban dwellers. While this is understandable, given that the majority of counties are predominantly rural and considering the marginalisation of several regions under the previous centralised system, neglecting urban areas may come to haunt counties in the future.

As the World Bank’s Kenya Urbanization Review report concluded, Kenya’s ambitious experiment in devolution holds great promise and comes at an important period but aspects of the process may weaken urban centres at a time when they need to be strengthened. “On balance,” says the report, “Kenya still has an opportunity to leverage urbanization to drive economic growth. It is in the early stages of urbanization, and evidence suggests that cities can drive economic development – especially when they are developed through a ‘system-of-cities’ approach and where devolution empowers counties…to develop strong urban centers.”

One of the pitfalls of devolution is that urban areas may suffer under a system where devolved funds are being used to cater mostly for rural populations in the counties, rather than to the needs of urban dwellers. While this is understandable, given that the majority of counties are predominantly rural and considering the marginalisation of several regions under the previous centralised system, neglecting urban areas may come to haunt counties in the future.

Urbanisation and economic growth

The 2009 Kenya census shows that nearly one-third of the country’s population is now urban, but urbanisation levels are still way below those of other African countries. In fact, along with Burundi, Rwanda and Uganda, Kenya has among the lowest urbanisation levels in the world. This has implications for the country’s economic prospects.

Nairobi, and Kenya as a whole, need an urban strategy that increases productivity and promotes inclusion. Studies have shown that there is a direct correlation between levels of urbanisation and economic growth – in general, most countries do not attain middle income status until they are at least 50 per cent urban. In 2009, the World Bank published a report by the Commission on Growth and Development that showed that there is a clear and robust relationship between urbanisation and per capita income in nearly all countries. The report stated that to achieve middle-income status, countries need to have at least half their populations living in urban areas and that “in all known cases of high and sustained growth, urban manufacturing and services led the process”.

The first challenge, of course, is to make cities and towns sites of high-productivity industries. The second challenge is managing the negative consequences of growth on urban areas, including congestion, pollution, inequality and slum formation. Both challenges require investments in infrastructure – but only if that infrastructure does not contribute to other problems (like pollution and congestion) and if it contributes to making productivity more efficient.

In its current state, the transport infrastructure in cities like Nairobi has proved to be an impediment to productivity as most workers spend more time commuting than engaging in productive activities. Over-dependence of private mini-buses (matatus) has also led to a situation where other forms of public transport have been crowded out, leading to increasing congestion and air pollution.

Building more roads has not helped either because the roads fail to cater for the majority of residents who walk, cycle or use public transport. As Edward Glaeser reminds us in his book, Triumph of the City: How our greatest invention makes us richer, smarter, greener, healthier and happier, “The folly of building-centric urban renewal reminds us that cities aren’t structures; cities are people.”

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Ms Warah, the author of War Crimes, a sweeping indictment of foreign meddling in Somalia, and A Triple Heritage, among several other books, is also a freelance journalist based in Malindi, Kenya.

Politics

The Real Story Behind the Dams Scam

7 min read. President Uhuru Kenyatta’s decision to cancel the tender for the construction of the Kimwarer dam but to allow for the Arror dam project to proceed at half the original cost has been viewed as a commendable action in the fight against graft. However, ALESSANDRO DA ROLD and LORENZO BAGNOLI suggest that there could more than meets the eye in what is known as the “dams scam”.

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Since the 1970s, Kenya has been considered by convicted Italian criminals as a safe haven – a place to hide from justice. A recent tide has, however, occurred and now some of these criminals have been extradited after spending years enjoying the “good vibes” of the Kenyan sea shores, especially in their stronghold Malindi. It seems to be the end of an era marked by impunity as Kenyan authorities have started pursuing alleged felonies committed by Italians living in Kenya. The authorities are not just going after individuals, but companies as well.

On the 29th of July this year, the Milimani Chief Magistrate’s court in Nairobi allowed Kenya’s Director of Public Prosecutions (DPP), Noordin Haji, to issue an arrest warrant for the Italian citizen Paolo Porcelli, the CEO of CMC (Cooperativa Muratori e Cementisti) from Ravenna. Porcelli is charged with abuse of office, bid-rigging and misuse of public funds and could face jail time if he returns to Kenya. With him on the list of the indicted there is also the Italian joint venture between the Italian companies Itinera (Gavio Group) and CMC.

Porcelli declined to appear in court twice. “Porcelli is a fugitive. Despite being given the opportunity, he hasn’t presented himself in court for a second time,” DPP Special Prosecutor Taib Ali Taib told the court. “The Italians think they can break the law and get away with it contemptuously. They believe nothing will come out of it.  Don’t allow it, your honour”.

Porcelli’s lawyers have a different opinion on his judicial status in Kenya: they explained that the indictment has charges only against the Kenyan top officials involved in the case. “It is not clear, and it is not explained [by the investigators] why Mr Porcelli and the joint venture CMC-Itinera could be indicted for the only charges they have, namely cashing in the deposit on the construction as it was agreed upon the contracts.”

The arrest warrant issued to the Italian manager is the latest development in a long saga reported in the international media as the “dams scam”. This story has many facets: the alleged criminal conduct of the Italian company in Kenya (CMC declines any involvement, claiming its innocence); the blatant lies and unfulfilled promises to the local population living around the proposed dams area; and the way local politicians turned Kenya’s natural assets into a personal gold mine.

The CMC’s long nightmare

CMC is a giant company in the field of construction globally. Wherever there is an important tender, the company is among the bidders. However, the glorious history of the company didn’t guarantee CMC’s success – construction is a competitive sector around the world. Sometimes to be awarded a tender, managers have to cross the line between lobbying and corruption.

In 2014, CMC signed a consultancy contract with Primo Greganti, a businessman and former politician who was arrested for alleged corruption: he would have helped some companies to be granted tenders for the construction of the site of Expo Milan 2015, the world food exhibition hosted in the Italian city.  The trial ended in a plea: in the Italian judiciary system, it means there is no verdict on the culpability of the defendant.

This story has many facets: the alleged criminal conduct of the Italian company in Kenya; the blatant lies and unfulfilled promises to the local population living around the proposed dams area; and the way local politicians turned Kenya’s natural assets into a personal gold mine.

The company was effectively granted a six million euro tender for the recovery of the land of the so called “plate”, the foundation for the exhibition facilities. At the end of the work, the final cost skyrocketed to 30 million euros because of differences caused by unexpected changes in the project. These extra costs were heavily criticised by the Expo 2015 board members because there were no grounds for justifying them. But because time for the construction at the site was running out, nobody within the board could reject the CMC’s requests. CMC was also awarded the tender for the construction of one of the French pavilions at the exhibition.

In May 2018, the company issued a press release on its financial situation. Under “total turnover” it reads: “Decreased from €289.0 million to €258.2 million. In particular, construction revenue decreased from €278.0 million to €236.7 million, due to a €23.0 million reduction overseas and an €18.3 million reduction in Italy. A significant increase is expected from certain projects achieving full production stage and from the start of the new project secured in recent quarters.”

In another press release issued in November last year, the company stated: “The Board unanimously concurred that, in a market context that was already structurally problematic, for reasons that arose spontaneously without any predictability, linked to non-receipts of orders and/or the state of progress of work, the Company is facing a moment of cash-flow tension.”

The main “non-receipts of order” at that time was Anas, the Italian company partially controlled by the state and in charge of maintaining and managing Italian highways. With the Kenya dams tender, it seemed that the cash flow problem might be solved. Kenya and Nepal were at that point considered as possible anchors that could recover the company’s accounts. One of the primary goals of the managers, therefore, was to immediately cash in on the advances made on work yet to be carried out. And this is when new problems arose.

The masterminds targeted by the investigation

CMC in Kenya has been granted contracts worth almost 800 million euros for the construction of the dams at Arror and Kimwarer. The awarding of the tender was officially presented during a meeting between the former Italian Prime Minister, Matteo Renzi, and President Uhuru Kenyatta. Both projects were expected to provide water to the population of the Rift Valley. According to the 2017 annual budget of CMC, Kenya was among the list of countries that contributed to expand the productivity of the company. Two years later, the situation is totally different.

In Italy, the authors of this article have since March been investigating the Kenyan dams case for La Verità, a right wing newspaper. The newspaper discovered a contract signed in 2013 between CMC and Stansha Limited, the company associated with the Lamu West MP, Stanley Muthama who was arrested on 28th June for tax evasion. It is a consultancy contract granting Muthama a fixed fee of 3 per cent in case CMC signs a contract with local development authorities in Kenya.

CMC in Kenya has been granted contracts worth almost 800 million euros for the construction of the dams at Arror and Kimwarer. The awarding of the tender was officially presented during a meeting between the former Italian Prime Minister, Matteo Renzi, and President Uhuru Kenyatta.

In that case, it was the Itare dam, another project to supply water in the Rift Valley, which apparently is not included in the current investigation. The investigation went silent until 22nd July when 28 other people were arrested on a different charge: international corruption. Among them was the Italian CEO, Paolo Porcelli, and Kenya’s Treasury Cabinet Secretary, Henry Rotich. The Italian prosecutor Lucia Lotti is handling the case in Rome, with the option to file a new investigation in Italy as well.

As is everything in Kenya now, this case could be framed as the battle between Uhuru and his number 2 in the 2022 election campaign, William Ruto. It has been suggested that Ruto could be using the Italian company for political support. Ruto’s daughter, June Chepchirchir, holds a senior position as the second counselor at the Kenyan embassy in Rome, Italy.

A key moment in diplomatic relations

The investigation on CMC Itinera is happening at a sensitive moment. Kenya and Italy are trying to collaborate on the Silvia Romano kidnapping. The 23-year-old Italian volunteer, who worked for the Italian charity Africa Milele, was abducted on 20th November last year from Chakama village in Kilifi County. But since then there has been no substantial information on her situation, apart from the trial of Gababa Wariu and Moses Lwari Chende, who confessed to aiding Romano’s abduction. But the investigation so far has not resulted in finding her.

In Italy the absence of updates on Silvia Romano’s health conditions are considered very alarming. At the same time, there is a new ongoing effort in Italy to have Romano released. The Kenyan head of public prosecutions, Noordin Haji, and Italian prosecutors in Rome are discussing a common strategy on the issue. If no positive results are achieved, the predictable outcome could be the cooling down of business and diplomatic relations between the two countries, at least in the initial stages.

The investigation on CMC Itinera is happening at a sensitive moment. Kenya and Italy are trying to collaborate on the Silvia Romano kidnapping. The 23-year-old Italian volunteer, who worked for the Italian charity Africa Milele, was kidnapped on 20th November last year from Chakama village in Kilifi County.

While Italy is grappling with the dams scandal and the search for Silvia Romano, France is trying to find a foothold in East Africa by signing new contracts with the Kenyan government. Rivalry in bilateral relationships in Africa is always a hot issue within the European Union (EU) member states, who have been unable to come up with a single comprehensive strategy for how EU member states should deal with African governments.

A possible read on the dams case is that William Ruto was the guarantor for the Italians and he can’t assure them anymore because he is currently dealing with bigger challenges related to his re-election campaign, which has been marred by corruption scandals implicating individuals from his political camp.

 

Editorial note:

For additional information on the Arrow and Kimwarer Dams saga see links below.

Contract Agreement between KVDA and CMC di Ravenna – Itinera Joint Venture for Kimwarer Dam
A contract agreement (KVDA/RPF/39/2014-15) between Kerio Valley Development Authority and CMC di Ravenna – Itinera Joint Venture made on 5th April 2017 for works on the Kimwarer Multipurpose Dam Development Project on River Kimwarer.

Contract Agreement between KVDA and CMC di Ravenna – Itinera Joint Venture for Arror Dam
A contract agreement (KVDA/RPF/36/2014-15) between Kerio Valley Development Authority and CMC di Ravenna – Itinera Joint Venture made on 5th April 2017 for works on the Arror Multipurpose Dam Development Project on River Arror.

A consultancy agreement between C.M.C. di Ravenna South Africa Branch and Stansha Limited (a company registered in Kenya) for the general purposes to provide consultancy services for the Itare Dam and Ruiru II Dam project under Athi Water Service Board.

DPP’s press statement on investigations concerning KVDA and Rift Valley Water Services Board
Following complaints to the Government of Kenya has been exposed to the loss of billions of shillings arising out of manipulation of the tendering process of several dam projects including the Arrow dam, Kimwarer dam, Itare dam, Embobut multi-purpose dam, Lower Turkwell irrigation scheme et.al the DPP’s office constituted a team of prosecutors to ensure the investigations of the aforementioned projects were carried out.

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Freedom Fighter or Ruthless Dictator? Unravelling the Tragedy that was Robert Gabriel Mugabe

8 min read. Admired by Pan-Africanists for his anti-imperialist rhetoric but loathed at home for his authoritarian tendencies, Robert Mugabe was a man full of contradictions. TINASHE L. CHIMEDZA reflects on the controversial life of Zimbabwe’s longest-serving leader.

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Freedom Fighter or Ruthless Dictator? Unravelling the Tragedy that was Robert Gabriel Mugabe
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Robert Gabriel Mugabe, Zimbabwe’s leader for nearly four decades. died on the 6th of September 2019 in a hospital in Singapore. Mugabe’s death, like his life, has generated animated debate, the very first irony being that after nearly four decades in office he died in a foreign hospital. Some have praised Mugabe for being a “liberation icon”, and a “great Pan-Africanist”. Former South African president Thabo Mbeki called him “a fellow combatant”. Others have charged Mugabe with being a “tyrant” who collapsed his country and fanned “genocidal” ethnic divisions.

However, in order to fully understand this complex character, we have to put Mugabe into a broader historical purview. Mugabe was educated by Jesuit Catholics. Initially trained as a teacher, he would remain deeply religious his entire life. It was in the maelstrom of liberation contests that Mugabe’s oratory skills came to the fore and he became the target of the vicious Rhodesian state that threw him and other nationalists, into detention.

Mugabe used his time in jail to get qualifications in law and economics. With his release from the Rhodesian jail, after almost eleven years, he headed straight to the liberation war front by escaping the country and crossing into Mozambique. There he became the voice on Radio Zimbabwe, and fronted media engagements. His star was shining as he became the forceful voice leading liberation delegations first at the failed Geneva Conference of 1976 and then at the Lancaster House settlement in 1979 in London.

When Mugabe was prime minister and then president, there were geopolitical factors that worked against the success of Zimbabwe. South of the Limpopo, apartheid South Africa destabilised the whole region. Importantly, the Rhodesian political economy was constructed for a few white settlers and the black majority government that Mugabe led had inherited an economy that was stable but very parochial.

The 1980s, considered by some as the happy years, were also full of contradictions. Education and health were expanded but in the western part of the country, Mugabe’s comrades were brutalising a whole region into subservience. Young men labelled “dissidents” were tortured, murdered in cold blood, and buried in mass graves. The violence was so macabre it brought nationalist leader Joshua Nkomo to near tears. He escaped to London and wrote The Story of My Life (1984). This was only settled in Mugabe’s favour when they signed the Unity Agreement of 1987.

That sordid part of Zimbabwe’s post-colonial history provided a script into the 1990s and 2000s. But what most political biographers of Zimbabwe leave out is that the Rhodesian settler-state inherited by the nationalist movement was a war machinery built to defend white settler interests. Ken Flower, who was the first director of the vicious Central Intelligence Organisation (CIO), wrote about the “exploits” of the white-security state apparatus in a book titled Serving Secretly. The 1980 Lancaster House Constitution at Zimbabwe’s independence left this state-security apparatus unreformed and years later Mugabe would boast that “he had degrees in violence” and that the “gun was mightier than the pen”.

The 1980s, considered by some as the happy years, were also full of contradictions. Education and health were expanded but in the western part of the country, Mugabe’s comrades were brutalising a whole region into subservience.

The ruling political class dealt with opponents ruthlessly and Mugabe’s rise and demise as leader was tightly linked to the military. Professor Jonathan Moyo argued that Mugabe was the victim of Zimbabwe’s “militarists”’. It was a military declaration in 1975 called the Mgagao Declaration that put Mugabe at the apex of the liberation movement in Mozambique. It was the military that kept him in power and that took him out of power via the putsch of November 2017. He was replaced with a man chosen by the military – Emerson Mnangagwa aka the crocodile, a name bequeathed to him because of his ruthlessness.

Scattered ideological orientations

Mugabe blundered from one political ideology to another but at the core of the project was power retention at any cost. In the 1970s Mugabe preached socialism and dabbled in some incoherent half-understood Marxist-Leninism. But when young guerillas attempted to build a Marxist political movement, they were thwarted and thrown into prison.

One young military commander from then, Wilfred Mhanda, wrote about the experience in his memoir Dzino: Memories of a Freedom Fighter (20011 – Weaver Press). In the early 1980s, Mugabe articulated variant forms of socialism and Marxism but only to court allies, given the global geopolitical contests of the Cold War era. The ZANU-PF manifestos of the 1980s discussed socialism in theory but there was no attempt to build a socialist economy and by the end of the 1980s any pretence to building socialism was abandoned – the road to socialism was closed off. In another memoir, Re-living the Second Chimurenga: Memories from Zimbabwe’s Liberation Struggle (2006), Fay Chung would state that Mugabe was a devoted Roman Catholic and it’s possible that this closed off any concrete inclination towards Marxism or Maoism.

In the 1990s Mugabe walked into neoliberalism, embraced structural adjustment programmes (SAPs), and took loans from the International Monetary Fund (IMF). But the policy move was disastrous. Social and public services collapsed, informality set it and the industrial base melted away, provoking resistance from the labour, women and student movements. The crisis of falling incomes, unemployment, inflation, adventure into the DRC war and the increased debt levels knocked the economy down. This was made more acute by the seizure of white-owned farms, which led to the collapse of the agriculture sector.

Mugabe then veered into a radical indigenisation programme. To keep all these threads from exploding, he entrenched a political system of shredding the Constitution and making himself an imperial, almost feudal-aristocratic president. Zimbabweans mass migrated into the region and a passport, to escape anywhere, became a prized possession in a country that has become what Dambudzo Marechera called “The House of Hunger”.

The 2017 coup and the militarists

When Zimbabwe’s generals staged a coup in 2017, they pointed out that ZANU-PF was corrupt and needed to be rescued from itself. The whirlwind that consumed Mugabe was in the seeds that he had sown. When the Movement for Democratic Change (MDC) emerged in 1999, he had allowed the chief of defence forces to say “the presidency was a straightjacket” and in 2008 he had allowed the military to take over the running of the election under the Joint Operations Command (JOC) – a relic of the Rhodesian military state.

The political nose that Mugabe had used to strangle the opposition and to brutalise civil society into subjugation was now turned on his neck. Professor Jonathan Moyo, now in exile, has argued that Mugabe was a mere “spokesperson” of the military system that harbours, in his words, the “repugnant ideology” that the “gun commands politics”. To claim that Mugabe, after almost half a century at the helm of the nationalist movement, was a mere “mouth” of the military is the grandest of revisionism.

In the 1990s Mugabe walked into neoliberalism, embraced structural adjustment programmes (SAPs), and took loans from the International Monetary Fund (IMF). But the policy move was disastrous. Social and public services collapsed, informality set it and the industrial base melted away, provoking resistance from the labour, women and student movements.

But Mugabe also went beyond violence as a means of political rule. Using his oratory skills, he presented himself as a Pan-African liberation fighter, and often riled against imperialism and stirred the ideological support of nationalist movements. In Zimbabwe, the political system became dominated by what Professor Ranger called “patriotic history”. In a way the system of political rule was a complex combination of authoritarianism, ideological narrative and patronage networks. Jonathan Fisher and Nic Cheeseman have pointed out more clearly that “authoritarian regimes rely on ideas, not just guns”:

“The more resilient of Africa’s authoritarian regimes, for example, have bought support from powerful local elites, soldiers, particular ethnic groups or political influencers through building them into extensive patronage structures where state resources are cascaded down chains of patron-client links. In so doing, they may assemble a large, and often diverse, group of communities who rely on the regime’s survival for their prosperity.” (Mail and Guardian, 6 November 2019)

In dealing with his opponents within and outside his party, Mugabe was scheming and coldly ruthless, but he also built ideological narratives and patronage networks, and controlled the public memory to place himself – not other nationalists – at the centre of history. Mugabe compared the nationalist leader Joshua Nkomo to “a snake whose head must be crushed”.

In the 1990s, when his former comrade Edgar Tekere opposed the “one-party state”, he was thrown out of the party and his supporters were accusing of “courting death”. Years after that the famed guerilla leader, Rex Nhongo, Zimbabwe’s first army general, died in a suspicious fire. Rex Nhongo was suspected of first supporting Simba Makoni and then his wife Joyce Mujuru to challenge Mugabe. A few years later, Emerson Mnangagwa was kicked out as Mugabe played one political faction against the other in Machiavellian style. Nearly all of Zimbabwe’s opposition leaders were charged of “subversion”. (Morgan Tsvangirai has written about his trials and tribulations is his memoir At the Deep End.)

When Mugabe was president, the opulence of his and his family’s lifestyle was on display at their home called “The Blue Roof”. Nepotism and cronyism were rife. Those networked with the Mugabes worked their way into economy. In Mazowe, just outside Harare, poor farmers who had been allocated land were kicked out and some were only saved by High Court orders. Nephews, nieces, uncles, children and the president’s immediate family amassed vast amounts of wealth. Mining claims, multiple farms, fuel cartels and contracts with the government is how this wealth was amassed. One of Mugabe’s nephews boasted “if you want to be rich join ZANU PF”. Public enterprises were looted with reckless abandon. Before being deposed, the Mugabes were going to build a Robert Mugabe University to the tune of US$1billion. Even in death Mugabe will be buried in a mausoleum possibility costing millions.

Of Kwame Nkrumah, Mwalimu Nyerere and Nelson Mandela 

Robert Mugabe left no condensed publication of his thoughts, which means his intellectual footprint is only found in speeches and scattered interviews. For a president whose education varied from law, economics and education, this is rather disappointing.

In dealing with his opponents within and outside his party, Mugabe was scheming and coldly ruthless, but he also built ideological narratives and patronage networks, and controlled the public memory to place himself – not other nationalists – at the centre of history.

It was at continental and global forums that Mugabe attracted the affinity of Black Africa, and where he mesmerised the Global Pan-African movements and other social and political forces. He went to United Nations General Assembly meetings religiously. There he made scathing comments about racism, demanded equality at the UN Security Council, railed against economic exploitation of Africa and raised his voice to throw spears at imperialism. An articulate black president from a small former African colony who repossessed land, who was placed under sanctions, and who made stinging statements against inequitable global power relations is what the Pan-Africanist movement was lacking and some sections praised Mugabe for this.

Compared to the other towering intellectuals, theorists and revolutionaries of Pan-Africanism, Robert Mugabe’s legacy withers. Kwame Nkrumah was a thinker and an intellectual who penned treatises that dealt with the African condition. Mwalimu Nyerere was a nation-state builder who forged the disparate social groups of Tanzania into a cohesive stable polity and who retired into a modest life. Nelson Mandela pulled the strands of a nation traumatised by the violence of apartheid into a “Rainbow Nation”. Having had a “long walk to freedom”, Nelson Mandela subjected the country to constitutional democracy. Thomas Sankara forged an everlasting revolutionary legacy. He placed women at the centre of politics and development, tackled illiteracy, and invested in health. The young captain lived a modest life, shunned decadent opulence and boldly set into motion the belief that the “future can be invented”.

Broad strokes of history

They say history is written in broad strokes. Mugabe’s anti-colonial credentials will shine; he stayed in prison for over a decade, the radical land repossession will also burn bright but this will be blighted by the brutality, the ruthlessness, the corruption and the repugnant politics of polarity authored by Mugabe. Of Mugabe’s politics, the Pan-Africanist Tajudeen Abdul-Raheem had this to say:

“Zimbabwe and President Mugabe are a situation we cannot in all good conscience continue to pussyfoot about anymore. It is indefensible that one man, no matter his contribution to the country, should be holding the people to ransom…Mugabe is no longer the part of the problem of Zimbabwe: he is now the problem (Speaking Truth to Power: Selected Pan-African Postcards, 2010)

Mugabe built a surveillance state of Stalinist proportions that was littered with impunity, arrogance of power, extrajudicial killings, a rapacious propaganda system, and a personality cult that exacted worship and fear from the man and woman on the street. The long motorcade, ambulance in tow, imported cavalcade of cars, gun-toting soldiers, loud police sirens, police motorbikes, traffic cleared from the road and armoured cars that ferried Mugabe have died down. The putsch of 2017 ushered in the country’s militarists who remain in control of a vicious perpetuum mobile ­­– a kleptocratic military class that has melted away any respect for the constitutional edicts of the country.

We from Zimbabwe will remember Mugabe for a dream that could have been possible but instead was collapsed into what Professor Sabelo Gatsheni-Ndlovu called “grotesque nationalism”.

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Why South Africa Should Not Do a Zimbabwe: Demerits of the Proposed Land Expropriation Law

8 min read. A law to allow the seizure of white-owned land could have a profoundly negative impact that goes well beyond the violation of fundamental human rights. Its consequences could be catastrophic on the industrial, agricultural, and banking sectors in South Africa.

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Why South Africa Should Not Do a Zimbabwe: Demerits of the Proposed Land Expropriation Law
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Some time has passed since South African President Cyril Ramaphosa’s highly controversial announcement of a new land reform law that would allow for the expropriation of land without compensation. Accused by some of racism, and by others of populism, the president is trying to address the pressing requests of the vast majority of blacks who still feel oppressed after white minority rule ended in 1994. According to a recently released parliamentary media statement, this bold move should fix “the historical wrongs caused by arbitrary dispossession of land, and in so doing ensure equitable access to land and further empower the majority of South Africans to be productive participants in ownership, food security, and agricultural reform programmes.”

Apparently, in a country where the white minority account for just over 9 per cent of the population but which owns over 70 per cent of the land, such a law seems to be a fair way to balance the scales of social justice. However, on the other side of the barricade, there are thousands of white Afrikaners descended from Europeans who colonised South Africa who claim that they worked hard to obtain that land. These people are human beings as well, and many of them are only paying the price of a segregation regime imposed by their fathers and grandfathers.

This bitter battle between these two sides is rooted in apartheid, a terrible word that does more than just bring back bad memories. It is an ugly concept that speaks to us of racial segregation, and inhumane treatment. And even if now the faces (and colours) of the protagonists may have swapped, the dehumanising cruelty behind it has probably not.

The controversial amendment to section 25 of the Constitution

To date, the African National Congress (ANC), the country’s leading political party since the end of apartheid, has redistributed land following a “willing seller, willing buyer” model. In a nutshell, the government buys white-owned farms and then redistributes them to black farmers. The idea was to return at least 30 per cent of the land that was expropriated from black farmers to their legitimate owners by 2014. However, today less than 10 per cent of commercial farmland has been redistributed. Exponents of the South African Homeless People’s Association claim that the “willing seller, willing buyer” model only widened the social divide, bringing more poverty to the masses.

The law proposed by Ramaphosa aims at amending section 25 of the Constitution to make the expropriation of land without compensation an explicitly legitimate option. In other words, the government could take this land away from white hands without paying them anything, as long as the reform doesn’t cause any damage to the nation’s economy, agricultural production, and food security.

This law was supported by a small radical party led by Julius Malema, the newly-created Economic Freedom Fighters (EFF). However, not all the white owners got their land by means of coercion during the previous century. Many claim they legitimately bought it through the hard work of their ancestors and defined this law as grossly immoral and inhumane. Some threatened to wage war to defend their farms, bringing back the sad memories of the recent land expropriation policies enforced in Zimbabwe. Some other “softer” reforms have been proposed, such as paying “just and equitable” compensation that is well below market price to landowners, or banning foreigners from buying agricultural lands.

Racism: the legacy of a century of apartheid in South Africa

Unlike other countries where racism is a tremendous plague that crawls hidden in the very fabric of society, in South Africa racism and discrimination against blacks were explicit laws. During the last century, European colonialists simply institutionalised them as part of the nation’s legal infrastructure. Similar to the racial laws that forced Jews to lose their jobs just because of their heritage, during apartheid in South Africa, a series of laws were put in place to enforce white dominance. It was the Parliament itself that decided that black people had to be inferior human beings and had, therefore, limited access to rights.

In 1913, the South African’s colonialist administration passed the Natives Land Act, a law which stripped nearly all black people of their right to own land. Although 72 per cent of the population consisted of black people, this law limited land ownership among blacks to a mere 8 per cent of the country. White South Africans literally gave land to themselves, a capital offence that created a terrible precedent as many black people were forcefully evicted from their farms.

The law proposed by Ramaphosa aims at amending section 25 of the Constitution to make the expropriation of land without compensation an explicitly legitimate option. In other words, the government could take this land away from white hands without paying them anything, as long as the reform doesn’t cause any damage to the nation’s economy, agricultural production, and food security.

Other laws, such as the Reservation of Separate Amenities Act of 1953 and the Group Areas Development Act of 1955, further reinforced these policies of segregation. Blacks were forced into unproductive land and underdeveloped regions, which excluded them from amenities such as parks, schools, and hospitals that only whites could access. Blacks could not obtain formal training for skilled jobs, which denied them the right to study, and barred them from equal employment and development opportunities. Together with many other racial laws, apartheid drove the black community into poverty, prevented them from expressing their opinions freely, and stripped them of their properties.

When the apartheid formally saw its end in 1994, many who suffered from these disparities imposed by this regime rejoiced, hoping for reforms that would bring back some justice in their lives. However, as often happens in politics, many of these promises of equity and equality quickly turned into empty words and vain declarations. The resources that the South African government allocated for land reform were vastly insufficient, never exceeding a mere 1 per cent of the national budget. Even today, land reform doesn’t look like a priority, with the amount allocated to it being just 0.4 per cent of the national budget. Racial inequalities persist in many sectors, including in the mining and industrial sectors, which constitute the backbone of the nation’s economy. The majority of the most profitable companies remain controlled and managed by whites, and the whole labour market still suffers from substantial polarisation.

Growing inequalities

The snowball effect of nearly 400 years of colonialism left the black community in dire poverty, ripe with nearly-illiterate individuals who had no chances to become competitive in the upcoming century of globalisation. According to the World Bank, 25 years after the end of apartheid, South Africa is still one of the most unequal countries in the world. In 2017, the unemployment rate was still high and growing at 27 per cent, with many people lacking tangible prospects for a better life. Race still has a tremendous impact on an individual’s chances of finding a job, as well as on the wages received once employed. A bitter divide between white Afrikaners and black people has kept growing and has become the core of all social or political debate in this tormented country.

Despite the country’s huge potential for growth, the economy kept stagnating during the nine years of Jacob Zuma’s presidency. Characterised by rampant corruption and continuous scandals, Zuma’s administration came under pressure as the masses started asking for policies that would address unemployment, disparities, and poverty.

The resources that the South African government allocated for land reform were vastly insufficient, never exceeding a mere 1 per cent of the national budget. Even today, land reform doesn’t look like a priority, with the amount allocated to it being just 0.4 per cent of the national budget.

Eventually, after an extremely unpopular cabinet reshuffle, Zuma was forced to resign and was replaced by Cyril Ramaphosa in February 2018. The new president cracked down on corruption and kicked out many inept ministers while Zuma was indicted for money laundering and racketeering. However, the damage that Zuma inflicted to the party’s credibility was so severe that it had to rely on radical parties such as the EFF to gain some traction.

The ANC lost so many voters in the 2016 local elections that the 2019 ones may be in jeopardy. Some argue that Ramaphosa is simply pushing the Land Expropriation Act as a populist ploy aimed at recovering a significant portion of the voters’ trust. The nation’s poor, in fact, make up the majority of the electorate, and addressing their plight will certainly provide him with the political stability his government needs so much.

The human, social, and economic consequences

ANC’s and EFF’s new land reform tastes like nothing but a bloody policy of revenge inspired by populism and driven by a desperate need to win the elections. But blood always calls for blood, and may easily throw South Africa into a new civil war, no matter how justified this law may seem. The French Revolution, the recent Zimbabwe land expropriation laws, and even the Communist Revolution all teach us a fundamental lesson – that legislation that allows a state to violate property rights only creates new privileged elites rather than equalising the social fabric.

A law to allow the seizure of land has a profoundly negative impact that goes well beyond the violation of fundamental human rights. Its consequences can be catastrophic on the industrial, agricultural, and banking sectors as well, and neighbouring Zimbabwe is a prime example. Just like Venezuela, another country where land was redistributed from the rich to the poor, today Zimbabwe needs to import nearly all the food it needs rather than producing most of it, as it did 20 years ago.

Distributing land “fairly and equally” to all people means creating a large number of smallholder farmers who will have to face tremendous costs to grow and be competitive. An entire nation of small farmers will have a really hard time competing with the larger players of globalised agriculture unless they have access to the latest methods and technologies. Yet, once again, has the government thought and planned a strategy to provide these future landowners with the necessary means to survive in such a harshly competitive environment? Worst case scenario: this may lead to large-scale deforestation by owners who will start selling their wood cheaply to foreign companies – a process that has already devastated Kenya, Uganda, and Ethiopia.

However, we may have a very different scenario – one where land is handed down to a smaller amount of black people who will quickly become rich at the expenses of others. A new handful of privileged individuals who will simply substitute former white owners with other newer sons and daughters of uncontrolled capitalism. Their faces may change, but the inequality will bring the country to its knees in the same exact way. Whether their skin tone is darker won’t make them any better than their colonialist predecessors, nor will make the whole act of seizing land be more just or justifiable by any means.

On top of all that, a scenario of harsh social tensions and violent clashes is a bomb that is about to explode. Following some cases of brutal and murderous attacks of white farmer that got the attention of the media, some Afrikaners called out for international aid, claiming there was a “white genocide” going on. And while smart people may easily understand that the numbers are no way as high as to justify the choice of this vastly exaggerated terminology, this alarmist rhetoric is bound to have serious global consequences.

Distributing land “fairly and equally” to all people means creating a large number of smallholder farmers who will have to face tremendous costs to grow and be competitive. An entire nation of small farmers will have a really hard time competing with the larger players of globalised agriculture…

In an era where the rise of neo-fascism, fake news, gross misinformation, and distorted nationalisms represent a serious threat to all societies, this may be a spark that would ignite an uncontrollable chain reaction. Black people around the world are often unjustly identified as enemies by organisations and parties who willfully manipulate information. Knowing there’s a country where a murderous government justifies their violent persecution will only fuel a hate that is certainly more detrimental than beneficial to the black cause.

Conclusion

History cannot be corrected by doing the wrong thing, and the ANC’s policy means nothing but repeating the same mistake over and over again. South Africans deserve having the right to cultivate their lands once again, they deserve to live in a fair country, they deserve peace. It is totally understandable that poverty must be fought with all means, and that the current situation is all but just or fair.

But enforcing the rights of black people with violence won’t restore the justice and equality this country so desperately needs. It will only open a gaping wound across the nation that will widen the divide even more. It may reach the point of breaking any bridge built so far between all those human beings whose sole difference is the colour of their skin and the heredity of their ancestors.

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