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DEATH OF AN INVESTIGATOR: The Suicide of Stephen Mumbo

20 min read. On Friday, 12 October 2018, Stephen Mumbo jumped from the 17th floor of the PwC office building in Westlands, Nairobi. Piecing his last moments alive reveals a trail of work-related stress and a man who was broken long before he fell to his death. By DAVID ODONGO and MORRIS KIRUGA

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DEATH OF AN INVESTIGATOR: The Suicide of Stephen Mumbo
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Dark Friday

As he was leaving for work, Stephen Mumbo closed the door to his apartment. It was still dark outside, but he had to be at work early enough to finish a report and prepare for a meeting. In one hand he carried the lunchbox his wife, Roselyne, packed for him every night. In the other, he held his car keys.

A quiet, shy bespectacled man with a balding head and a nerdy aura, he was always polite to a fault. He was also a workaholic, rarely seen anywhere else but at his office desk. But this morning, as he left the apartment, got to the parking lot, and into his maroon Mitsubishi Lancer, registration plate KAS 843M, something else was on his mind.

He was tired, but that fatigue would have to wait. He had barely seen Roselyne and their infant daughter in the preceding two months as he had been busy undoing one of the biggest corporate messes in Kenyan history. It was his brief, but for most of the previous decade and a half, such assignments had been his life.

To anyone watching, nothing was outwardly unusual about Mumbo that cold Friday morning.

From his apartment building, the 9-storey Pangani Palace Apartments off Muthaiga roundabout, he joined the early morning rush hour traffic. Although Nairobi wakes up early to beat the city’s infamous traffic jams, it took him less than 30 minutes to reach his office in Westlands. The sun rose on the horizon and with it, the city. It would be the last time he would take that route.

As he took a gentle left turn off Waiyaki Way to the paved driveway of the twin Delta Towers, the headquarters of his employer, Stephen Mumbo was already a man on edge. But his permanent calm demeanor, which had only failed him on rare occasions, hid the turmoil beneath.

Mumbo waved at the guards as they let him through the barrier. He drove to his parking slot, reverse-parked into it, and walked to the lift. Once in, he pressed the 12 button and waited. When the doors opened, he got off and walked to his office.

Mumbo used his access card to enter the office a few seconds before 6:15 a.m. Even that early on a Friday morning, he was not the first person at the Pricewaterhouse Coopers (PwC) Kenya office. At least four of his colleagues were already at their desks, typing up reports, trying to meet deadlines and preparing for meetings.

Mumbo removed his suit jacket and draped it over his seat. On any other day, he would only wear it again if he had a meeting or if it got cold. He sat at his desk, which was a neatly arranged table with no personal items. It was where he spent days and nights working on assignments, and where, this fateful morning, he would sit one last time. On his mind was a report he had been toiling on for the previous two weeks that was due that morning. But there were many other things troubling him.

Mumbo used his access card to enter the office a few seconds before 6:15a.m. Even that early on a Friday morning, he was not the first person at the Pricewaterhouse Coopers (PwC) Kenya office. At least four of his colleagues were already at their desks, typing up reports, trying to meet deadlines and preparing for meetings.

Six weeks before that morning, UBA Bank had placed ARM Cement, a listed manufacturing company, under PwC’s management over massive debt. The company had been suspended from the Nairobi Stock Exchange (NSE) as its shareholders reeled in disclosures of hidden debts and other forms of corporate malfeasance. While for outsiders it was a story of yet another typical Kenyan company, for Stephen Mumbo it was a direct challenge.

As the Assistant Manager of Executory and Forensic Investigations, the complexities of understanding the company’s true position, and then figuring out ways to solve the mess, fell directly on his desk – and he was just the man for the job. He was not only reliable, he was also driven. In a profession that demands brilliance, he could be considered a proper nerd. Besides, he had worked for PwC for nearly a decade and a half and had proven his skills countless times. If there was a complexity you couldn’t untangle, on just about any project, Stephen Mumbo was the man to ask.

He’d spent 18-hour work days working on the ARM proposal, which was not unusual for him or anyone who worked at PwC. What was specifically different was that Mumbo was a perfectionist par excellence. Grammar was important to him; a comma out of place would unnerve him, and more than once he had chosen to file reports late rather than table them with errors. He approached his work, as one colleague put it, like the civil engineer he had been trained to be. One centimetre off, and the whole structure risks collapse. That perfectionism meant he spent hours and days labouring on not just getting the right proposals on paper, but also on making sure that the language in the reports was clear and concise. It made him irreplaceable, but at the same time, it meant that he could not be promoted.

Sometime between 7:30am and 7:40am, Mumbo asked a colleague whether there was any free meeting room on the 17th floor. There wasn’t, she told him. Despite having this information, he still went upstairs, hoping that the administrator there could find him one. He needed it for a meeting, which was scheduled for 9am, but he also had other things on his mind.

The only thing that might have caught anyone’s attention was that he wasn’t wearing his spectacles, which was rare. His eyes were red, but for a man in his profession, that was considered just another day at the office. It was also not unusual for him to go upstairs hours before a meeting. Since he had left his jacket draped on his chair, everyone assumed he was coming back.

On the 17th floor, Mumbo tried several rooms. He found someone talking on her phone in one of them. She asked him if he had booked the room. He said no, and closed the door. That woman was probably the last person to see him alive.

When he got to Kilimanjaro 2 meeting room, he found it empty. He closed the door behind him. He was physically alone, but no one will ever truly know what kind of torment he was going through.  He walked across the room’s polished floors, passing the black and yellow chairs, probably tapping his fingers on the grey top mahogany table. Then he placed his Lenovo laptop on the table, walked to the window, and climbed outside. From there, he could see the Westlands rush hour traffic below him. He could see Waiyaki Way, and even the stretch he had turned into two hours earlier to get into his office, as well as the Westlands matatu stage on the other side of the road. There was the luxury car dealership at the end of the complex, and the parking lot between it and his building. But maybe he didn’t notice any of this as he steadied himself on the ledge.

Then he jumped.

To anyone watching from outside, the fall lasted the blink of an eye. One second Stephen Mumbo was standing on the ledge of the window, and the next he was on the balcony of the 2nd floor, fifteen floors down. It must have looked macabre, the sight of a man falling to his death against the backdrop of Delta Towers’ imposing façade. To the employees at SBM Bank, on whose second-floor window ledge Mumbo died, it sounded like a sudden thud.

Many things drove his choice of the 17th floor, including the fact that it was mostly empty at that time of day, and that from that high up, he was unlikely to survive the fall. Later images from witnesses in the buildings across show four first responders around his lifeless body dressed in a light blue shirt and black suit pants. There wasn’t much anyone could do at that point, and he was pronounced dead immediately after he was taken to the hospital.

Inside PwC Kenya, the immediate members of his team were told to go home or wait if they needed to see a counsellor. Someone retrieved Mumbo’s Lenovo laptop from the meeting room, and from it the report he had spent his last two months alive working on. Everyone else was ordered back to their assignments, even while Mumbo’s body still lay on a ledge below.

***

As the news of Stephen Mumbo’s fall broke in the capital city, people speculated on whether he had jumped or he had been pushed. On Twitter, people wondered whether there had been foul play; some connected the dots from Mumbo’s sensitive work as a forensic investigator to his fall. There are no cameras in the corridors outside the boardroom, only on the staircases.  That blind spot would make it hard for investigators to determine if anyone had joined him in the room.

Others focused on the suicide angle; many wondered why a 41-year-old man with a well-paying job would choose to end his life. Some suggested domestic issues had driven Mumbo to his death; one strangely detailed tweet suggested infidelity. But the public speculation ignored the probability that only Stephen Mumbo knew what Stephen Mumbo was going through. In the absence of a suicide note in any form – none has been found – piecing back the last few years of his life is probably the only way to understand why he killed himself.

As the news of Stephen Mumbo’s fall broke in the capital city, people speculated on whether he had jumped or he had been pushed. On Twitter, people wondered whether there had been foul play; some connected the dots from Mumbo’s sensitive work as a forensic investigator to his fall.

By the time he died, Stephen Mumbo was one of only three employees who had been at PwC Kenya for more than 13 years. He’d only had one job outside PwC (as a design engineer between March 2003 and April 2004) before joining the accounting firm. The only other company he had worked for was a small Malawian smallholder farmer’s company where he had done a brief consultancy in 2016. PwC was, by all accounts, more home to him than his apartment was. The job fit his personality as it required a meticulous, borderline obsessive mind.

Mumbo was, by many accounts, a good boss and an effective team leader who avoided office politics. In a profession where kindness is rare, he was overly compassionate and helpful. Sometimes, according to several people who worked with him over the years, he would volunteer to help on a project and eventually take a leadership role. But he was the kind of colleague who took on team projects and then credited everyone else. According to at least one insider, the kind of work Stephen Mumbo was handling on ARM Cement was probably work that should have been handled by a team of six.

Mumbo’s perfectionism and thoroughness also made him irreplaceable. Most of the people who eventually became his bosses owed some of their success to him. He trained them, as he did many other people, but they passed him in rank because he was not assertive. In a meeting room, he would point out flaws in plans in a heartbeat, but recoil when asked how to change them. Instead, he would draft his thoughts and offer them to someone else to present.

But he enjoyed the work itself. The constant mental challenge must have been a thrill at the beginning of his career, but it slowly chipped away at his mental health.

By October 2018, he couldn’t take it anymore. “They [PwC] plied him with so much work, and he wasn’t the type to say no, so he did it anyway. He was always very well groomed, but always tired,” said a relative.

The firm

By the time Pricewaterhouse Coopers bought part of Delta Towers in late 2012 for Sh4.4 billion in a joint deal with the University of Nairobi, it was already one of the biggest auditing firms in the world. The company was founded in 1998 through a merger between Coopers & Lybrand and Price Waterhouse, and rebranded to PwC in September 2010. By then, it was present in 158 countries and 743 locations, battling it out with three other audit firms, Deloitte, EY, and KPMG. PwC had over 236,000 people in its ranks, among them a quiet Kenyan nerd called Stephen Mumbo.

The PwC Tower, one of the two towers that make up Delta Towers, became PwC’s new home from early 2013. It was a remarkable investment by a company partially owned by Indian billionaire Mukesh Ambani. PwC Kenya settled for Wing B of the 20-storey twin towers, occupying half and renting out the other half. Upper Hill, its former home, was losing its lustre as new buildings came up without the infrastructure to support them. Now, in the newest building on the corner of Waiyaki Way and Ring Road Westlands, its employees were spoilt for choice on where to live. Location was important because many of them would work long hours, driving to and from work while the city slept.

As an employer, PwC Kenya consistently ranks as one of the best places to work in Nairobi. Entry-level graduate trainees earn an average monthly salary of Sh120,000, and its partners, according to Kenya Revenue Authority (KRA), are some high-net-worth individuals with gross annual incomes of between Sh350 million and Sh1 billion.

For the ARM job, PwC charged Sh65.6 million for the first three months, in addition to Sh7.9 million for preparatory work. While the PwC partners appointed to do the job were Muniu Thoithi and George Weru, the actual legwork went to a quiet nerd on the 12th floor called Stephen Mumbo. Thoithi and Weru would earn Sh43,000 per hour, while associate directors would earn Sh37,800, senior managers Sh30,000, and project managers Sh25,000 per hour. As a manager, Mumbo’s pay most likely fell in the two lower ranks. But to earn his keep, he would have to spend hours on end poring through reports, preparing his own recommendations, and presenting them to his bosses and the client.

By the time Mumbo got to his desk at 6:15am on Friday, 12th October, he had had less than three hours of sleep. He had gone home at 1am the previous night. He fell asleep fast, but he was clearly distressed, according to several close family members. He kept tossing and turning and woke up before daylight to get back on the grind.

Multiple conversations with past and current employees of PwC Kenya paint the picture of a firm with little space for work-life balance. Long hours and mind-breaking work are the norm, and most employees, like Stephen Mumbo, tend to live close to Delta Towers to ease the commute to work. The employee turnover rate is understandably high, as the work environment becomes more unbearable as one ages and begins seeking a better work-life balance.

Describing his experience at PwC, one employee said, “Deadlines have to be met and bonuses have to be earned. Your health is your problem. If you can’t handle the pressure, quit.” Another termed PwC’s work culture as “ruthless”, adding that even “having a baby is frowned upon.” Lunch breaks, several employees said, are not exactly an option: “Nobody goes for a long leisurely lunch at PwC. Many people eat at their desks.” The average work day, said several employees, is 14 hours. If you are on a project, it’s not unusual to work 18-hour days.

Under Kenyan law, normal working hours are between 45 hours and 52 hours a week for day employees and 60 hours for night employees. The law also provides for at least one rest day a week. At 14-18 hours a day, Stephen Mumbo and his colleagues were clocking between 84 hours to 126 hours a week, twice the legal limit. While the law also provides for overtime, the overriding element is that it be properly compensated, and not result in overworking, which impairs sleep patterns and increases the risk of stress, depression, and lower immunity. Overwork has been associated with heart problems, and among low-income workers, with an increased risk of type 2 diabetes. People who overwork tend to lead unhealthy lifestyles, having less time to exercise, eat. They also tend to smoke or drink more.

Describing his experience at PwC, one employee said, “Deadlines have to be met and bonuses have to be earned. Your health is your problem. If you can’t handle the pressure, quit.” Another termed PwC’s work culture as “ruthless”, adding that even “having a baby is frowned upon.”

Stephen Mumbo seemed to have navigated many of the physical challenges of overworking for almost a decade and a half. He was in good health, didn’t smoke, and barely drank alcohol. But the mental strain was showing.

All the interviewees for this story did not want to be named for fear of retribution for breaking company policy. In more than one case, there were also descriptions of the kind of retribution they might face, down to being put on track to be fired. More often than not, the interviewees still within PwC Tower outlined their basic exit plans and described Mumbo’s death as the latest in a series of wake-up calls.

For those who choose to stay, like Stephen Mumbo, the back-breaking work eventually leads to burnout. There was at least one other breakdown at the office in 2017, and several employees whispered about people self-harming or using drugs to cope with the pressure. For Stephen Mumbo, years of such pressure had finally taken their toll.

***

Mumbo’s distress on that last night was not the only time he had shown signs of work-related stress and depression. In the years before his death, he had had at least three visible episodes of burnout and mental distress at work. In 2015, he had a breakdown in the office and walked out on his boss. He was away from the office for a month. Meanwhile, work was still piling up; Shah Karuturi, the Kenyan subsidiary of the world’s biggest producer of cut roses, was placed under administration sometime during his break. This project was on his desk when he got back.

Then, in mid-2017, a colleague recalls, Mumbo fell asleep in the middle of a presentation with a client. “He was totally burned out, but his bosses simply told him to go to another boardroom and sleep for 45 minutes and then get back to work,” remembered the colleague. Such was life for him, going from one burnout to the next.

The third instance was perhaps the most significant in piecing together Stephen Mumbo’s last years alive. It happened years before he finally took his life, and linked back to the pillars in his adult life.

Then, in mid-2017, a colleague recalls, Mumbo fell asleep in the middle of a presentation with a client. “He was totally burned out, but his bosses simply told him to go to another board room and sleep for 45 minutes and then get back to work,” remembered the colleague. Such was life for him, going from one burnout to the next.

Run to the finish

Mumbo’s village in Kisumu, Nyamasaria, is a hot, dry, humid area. The land is infertile because its black cotton soil sucks the life out of any cash crop. Only weeds, euphorbia, and coarse grass are stubborn enough to grow on the land.

It was in this unforgiving terrain that Stephen Henry Mumbo was born to Arthur Waore Mumbo, an administrator at KEMRI, and Abigael Waore, a teacher at Nyamasaria Primary School in 1977. Mumbo was the last-born in a family of five.

Arthur Waore died in 1992, the year before Stephen joined St. Paul’s Amukura. The young teen moved to Alupe, Busia, to live under the care of his uncle, Mzee Obura, a doctor who still works for KEMRI. All accounts of Stephen Mumbo then match the man he would become: quiet, studious, and driven. According to his cousin, Fred Obura, Mumbo was more than just a brother. They were best friends and even went to the same high school.

In the 1990s, St. Paul’s Amukura, founded by Catholic priest Father Louis Okidoi in 1962, was an academic giant in what is now Busia County. The school motto, Cursum Consumavi, is Latin for “Run to the Finish.” When Stephen Mumbo was a student there, between 1993 and 1996, he lived in Nehru dormitory, named after the charismatic Indian leader.

In his teens, Stephen Mumbo walked awkwardly and avoided conversation. Several fellow alumni of St. Paul’s describe Mumbo’s shyness with fascination. Mumbo was, one says, the guy who wanted the key to the library when everyone else was chasing girls and dates. Odeo Sirari, a KTN news editor, was in Form One when Mumbo was in his final year. “As a new student, it was easy for me to notice Mumbo because he looked so serious, a total book worm,” recalls Sirari.

Another schoolmate, Caleb Etyang, who was a year ahead of Mumbo, says Mumbo would never be found on the school Isuzu bus, christened Kisisiata 3, which served the school between 1990 and 1999, and was driven by a gentle old man the boys fondly called Boyo. “He wasn’t a guy to go for sports or drama outings, he was much more at home in the school and in the library.” In his first two years at the school, he was the class prefect. In his last two years, he was the library prefect.

Mumbo topped the class of 1996 at the school, his only disappointment being that he hadn’t beaten the record of Adiema Aura, a renowned educationist who attended the school in the 80s. He’d only failed to overthrow Aura because he didn’t do well in Kiswahili; he scored an A-minus in the subject.

From St. Paul’s, he made his way to JKUAT, where he would spend the next few years training to become a civil engineer. Engineering offered the challenges a nerd like him yearned for, with its tenets of approaching problems and challenges with a tenacity that combined knowledge, skills and experience. After graduating, he did an accounting course and then took a brief engineering gig. Then he joined PwC Kenya, where he would spend the rest of his life, save for two unpaid sabbaticals.

Throughout this life, Mumbo relied mostly on his mother, Abigael, for emotional support. He had his siblings as well, as well as his adopted ones who were in fact, his cousins. But it was Abigael who represented the most profound influence on her shy young son’s life before and after school.

Then, on 3rd June 2008, Abigael Waore died.

Figure 1: Kenya Gazette notice of 31 October 2008

 

Multiple accounts point to a marked change in Mumbo’s life, work, and demeanor after his mum died. He simply couldn’t work anymore; he took a one-year unpaid sabbatical before going back to work. At some point, either then or after, Mumbo also mounted a massive portrait of his mother in his bedroom. Her face was the last thing he saw before he slept and the first thing he saw when he woke up.

 

Colleagues say that whenever he was not shy, he would talk about his mum a lot. After she died, he mostly talked about his wife Roselyne. They had been married for seven years but had spent a considerable time apart as Roselyne focused on a project in Kisumu and Mumbo toiled at PwC Tower. On days when they were together, his lunch box was the source of envy, as colleagues listened to him go on and on about his wife’s cooking. On any day, even when out of the country on assignment, he would speak to her on the phone for at least an hour.

In the three months before his tragic fall, he also talked about his daughter. The couple had tried to have a baby for several years before finally settling on adoption to grow their family. The toddler was a new addition, and a happy one at that. Mumbo often talked about his daughter, but also said how he didn’t get enough time to be with her.

The patterns

Mumbo’s suicide was not the first time a PwC employee had died after jumping from a floor in a PwC office. In April 2016, a 23-year-old employee of the PwC headquarters in London had jumped to his death from PwC’s ten-storey office building. His decision was attributed to a secret gambling habit, which he had begged his parents not to inform PwC about. He died on a walkway outside the office.

In another case, in May 2012, a 46-year old man jumped off the eighth floor of the PwC building in Largo, the third largest city in Pinellas County, Florida. In 2015, a director at PwC in the UAE, Jumana, was found dead in an apparent suicide pact with her sister, Soraya Saiti, at the base of a building under construction in Amman, Jordan. Then in August 2017, a PwC director named Werner Haupfleisch died by suicide in his home in Royldene, South Africa.

While none of these deaths were directly linked to PwC’s organisational culture, there have been other related deaths. In 2011, for example, Angela Pan, an auditor at the Shanghai PwC office, died ten days after first showing flu-like symptoms. Although her death was attributed to viral encephalitis, social media users of Sina Weibo speculated that she had been “worked to death”, Sometime before her death, Pan sent an update on Sina Weibo that said, “I can accept overtime. I can also accept out-of-town business trips. But on learning a young worker died from fatigue at KP (KPMG), I feel something has broken my bottom line to endure.” She had only worked for the company for six months, after graduating from Shanghai Jiao Tong University.

Faith Atsango, a psychologist, says that work-related stress should be classified as a safety hazard. “People in high pressure jobs are prone to have mental breakdowns,” she adds, “and such incidents should be treated as physical health and safety issues at work.” Atsango says that similar to how factories provide safety gear, stressful work environments should find ways to help employees cope, and ease burnout. Many of these are included in the Occupational Safety and Health Act, which also safeguards employees from “mental strain”.

Faith Atsango, a psychologist, says that work-related stress should be classified as a safety hazard. “People in high pressure jobs are prone to have mental breakdowns,” she adds, “and such incidents should be treated as physical health and safety issues at work.”

Despite these safeguards, high unemployment and weak enforcement of labour laws mean that work-related stress is not properly addressed. Mental health is still largely a taboo topic, despite an increasing number of deaths directly connected to it.

Part of the stigma attached to mental health is gender-related; statistics show that more than 70 per cent of the suicide-related deaths in 2017 were of males.  Two days after Mumbo’s death, another man jumped into a borehole in Matisi Estate, Kitale. Five months before that, another man had jumped off the 8th floor of the 15-storey NSSF building in Mombasa.

There are numerous reasons for the gender disparity, most of them revolving around the social silence on depression and other mental health issues among men. Even worse, the stresses of living and working in a fast-paced urban centre pile up.  The stresses include underemployment, overwork, length of the commute to work, and stagnant pay levels in a struggling economy.

A 1982 study on the subject showed that while the population in Nairobi grew by 7.5 per cent between 1975 and 1979, the rate of suicides grew by 300 per cent. The study also found a pattern in the months with the highest suicide rates; suicides tend to occur in the months of January to March, April to June, and October to December. There have been other studies focusing on at-risk groups, such as university students, but there is barely any substantive research on work-related stress and depression.

Then there’s the law. Instead of the law taking a pragmatic approach to the reasons why people take their own lives, it treats suicide as a crime. Attempted suicide is a misdemeanour punishable by two years’ imprisonment or fines, or both. This means that if Stephen Mumbo had survived his fall, which was unlikely, he would have promptly been arrested and thrown before a judge. That legal perspective and the social stigma also mean that suicide goes largely unacknowledged as the social issue it is.

Despite the legal and social hurdles, there have been some attempts to provide psychological wellness for several at-risk groups. In October, the same month Stephen Mumbo died, the National Police Service created a new department to assess the psychological wellness of officers. There had been at least five reported suicides of police officers in the preceding months. A few months later, the education ministry raised the alarm on an increasing number of death by suicide among university students.

In corporate workplaces such as PwC Kenya, the inclusion of psychological wellness has been at best abstract. PwC Global has made several public commitments to facilitate mental health awareness within its ranks. PwC UK, for example, has a “Green Light to Talk Day” and hired Beth Taylor as its new mental health leader in January 2016. PwC Malaysia has a “FitPwC” programme that combines physical and mental wellbeing. PwC Kenya does not have any such programme, and several employees described recent events, such as a meeting where management sought ideas on how to improve the work environment, as window-dressing.

As a consulting firm, PwC has published several reports on workplace stress. In 2017, PwC UK published a report on tackling workplace stress with technology. Three years before that, PwC Australia published a report titled “Creating a mentally healthy workplace.” The irony of such reports, according to a former long-term employee of PwC, is that they were most likely prepared by people who were themselves working in a mentally unhealthy environment. 

The aftermath

A few hours after Mumbo’s death, Peter Ngahu, PwC’s regional and country senior partner, held a press conference where he said, “It’s difficult to keep track of what each and every person is doing.” He refused to answer the question about whether Mumbo had been alone in the meeting room before he fell to his death. His response was: “He may have had a meeting, but he’s not here to answer the question.”

After that, Ngahu and Mumbo’s bosses, Muniu Thoithi and George Weru, declined any more media interviews into the death. Both Ngahu and Thoithi didn’t pick calls or answer text messages about the company’s work culture and measures they would institute to help employees deal with work-related stress. Reached for comment, George Weru declined, saying “No, no, no, I would not wish to say anything about this issue. The boss, Ngahu, issued a press statement and held a press conference on the matter last Friday.”

 

PwC Press Release

PwC Press Release

At PwC Tower, life continued almost as if nothing significant had happened there on October 12th. If Mumbo’s death had been “a big blow” to PwC Kenya, as Ngahu termed it in his press release, then it didn’t show. There was counselling for a few of the staff members in Mumbo’s team, but then everyone went back to work even before his body was removed from the scene.

The ARM project, his last, continued unabated, as did the entire firm. Eleven days after he stepped off the ledge of the 17th floor meeting room, ARM’s creditors approved an extension of PwC’s mandate to September 2019. It will be going on to this next phase without one of its ablest minds. In a meeting on October 22nd, the creditors also gave PwC permission to implement several options to revive the company. These, most likely sourced from Mumbo’s work, include getting a strategic investor and selling off some of the company’s key assets. It is unclear whether he had been the one who discovered that for years, ARM Cement had been treating a loan to its Tanzanian subsidiary as a performing loan while Maweni had been defaulting for years.

At PwC Tower, life continued almost as if nothing significant had happened there on October 12th. If Mumbo’s death had been “a big blow” to PwC Kenya, as Ngahu termed it in his press release, then it didn’t show. There was counselling for a few of the staff members in Mumbo’s team, but then everyone went back to work even before his body was removed from the scene.

***

Even before the shock of his sudden death waned, Mumbo’s friends and family organised meetings and fundraisers. At Tumaini Meeting Chambers behind Kencom House, they planned a farewell to a man who had seemed like he had it all. Many of his colleagues could not make it to the meetings because they were working. Instead, they sent cash donations and condolences.

On Friday, 26th October 2018, exactly two weeks after Mumbo had ended his life, they left in a convoy from Montezuma Funeral Home and drove to Mumbo’s home in Nyamasaria. The next day, at 9 am, they sat as the priest prayed, and then watched in grief as the casket bearing Mumbo’s body was slowly lowered into the grave. It was heartbreaking, a tragedy by any measure. A man who, after living off his brilliance, had ended up back in the unforgiving soil where he had first seen the world. For Roselyne and their daughter, it was the beginning of a life without Mumbo, who was at the time the sole breadwinner in the household.

On the 2nd floor ledge at Delta Towers, where Mumbo breathed his last, the dent his body left is still prominent, a stark reminder of his tragic end. In the parking lot, his Mitsubishi Lancer sat untouched for months, parked in the same spot where he left it.

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David Odongo (@DavidOdongo) is a journalist and writer while Maurice Kiruga (@MorrisKiruga) is a blogger and writer, both based in Nairobi, Kenya.

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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.

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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