BusinessDay
News >> Economy & Business
Last Updated: Tuesday, 09 February 2010 15:03:35

Flat-earth eccentricity or cruel and criminal state behaviour?

Published: 2009/11/25 06:28:17 AM
 
.
.
Click to view next image
1 of 1
Click to view previous image

Khehla

At the very outside, and (dubiously) including all the deaths caused by Inkatha Freedom Party (IFP) vs African National Congress (ANC) fighting, apartheid caused at very most 30000 deaths. The Harvard study suggests that former president Thabo Mbeki ’s denialist policies killed a bare minimum of 330000, although this figure is seen as absurdly conservative by many local experts. I would suggest that causing a human disaster on that scale cannot possibly be overlooked if the rule of law means anything at all.

Quite clearly charges should be laid against Mbeki and also against former health minister Manto Tshabalala-Msimang . But one can hardly stop there. Former presidential aide Essop Pahad clearly played a leading role in protecting this genocide. Thereafter it is difficult to see which cabinet members of the time could clearly be excused. The only ones whom I can remember clearly dissociating themselves from Mbeki’s criminal and extremely cruel policies were Mangosuthu Buthelezi and the other IFP ministers, though I seem to remember Ronnie Kasrils also being brave enough to state that HIV definitely caused AIDS.

To be fair, although I think that Kader Asmal, Alec Erwin and all the other ministers of the time should be charged, I do not know what a court would think. Certainly, at Nuremberg it was not regarded as an adequate defence to say you were just carrying out orders and deferred to higher authority. And this was a crime of Nuremberg proportions.

Bill

Bill

Mbeki was wrong in prevaricating on the causal link between HIV and AIDS. His views served to confuse a matter about which the entire world had achieved consensus. Worst of all was the resulting delay in making treatment available to save lives. Mbeki clearly bears the responsibility for the deaths that occurred needlessly.

It is wrong, however, for individuals to be absolved of all accountability. Barring a few who were infected early, the rest were aware of the risks of unprotected sex with more than one partner. Today when everyone knows of individuals who have died of AIDS-related complications, people continue to be infected. They must bear accountability for their actions. Families and communities that have gathered to bury loved ones who have succumbed to AIDS must surely accept they bear responsibility to halt the deadly march of HIV/AIDS.

A debt of gratitude is owed to many who dissented and were unambiguous that unprotected sex with multiple partners exposes those engaging in it to HIV which in turn causes AIDS. Former president Nelson Mandela and Archbishop Emeritus Desmond Tutu were outspoken about the fact that there was no cure for AIDS.

This message was relayed by many others to every corner of the country. They often worked against bizarre yet strong beliefs rooted in grotesque ignorance, such as anyone infected with HIV could cleanse themselves of the virus by having sex with a virgin.

Khehla

Khehla

Mbeki did not prevaricate. He openly proclaimed that “a syndrome cannot cause a virus” and returned to the subject over and over again. Worse, he and Tshabalala-Msimang prevented the antiretroviral drug nevirapine getting to those whose lives it would have saved. This was cruel and utterly criminal behaviour. Why not say so?

Doctors and nongovernmental organisations who broke the ban in order to keep their Hippocratic oaths were punished.

Of course those who engage in risky sex must also take responsibility. But remember that many women got HIV through being raped and many children simply inherited it. And above all Mbeki managed to cloud the issue in a way which encouraged ignorance and quack cures. Don’t forget Mbeki’s patronage of Virodene.

Mandela’s record was not that good. He went very quiet on the whole issue during the years when HIV was really taking off because he’d been told that it was politically unpopular to talk about it. Never forget that AIDS really mushroomed on his watch and not only did he do nothing about it but nor did he dismiss Nkosazana Dlamini-Zuma as minister of health when she openly ignored the whole AIDS problem.

Later, it’s true, Mandela seems to have felt remorse at these earlier failings, but so he should. If we had a Truth and Reconciliation Commission (TRC) on HIV/AIDS one would have to interrogate Mandela pretty closely. But let’s not have a TRC. Enough of such circuses. Really I would like to see Treatment Action Campaign leader Zackie Achmat bring a class action suit on this matter.

Bill

Bill

Wrong as Mbeki was in the view he took on AIDS, charging him would be folly. It would make it difficult for leaders in future to take bold decisions whose outcomes may not be certain. It would also hem in future leaders unnecessarily.

It is axiomatic that leaders must generally take decisions that reflect popular sentiment, however on occasion they must take decisions which they think are correct, and which may be contrary to popular sentiment.

Often their decisions are wrong as former British prime minister Tony Blair was, when he took his country to war against Iraq. Mbeki’s decision on HIV/ AIDS falls into this category.

Putting Mbeki on trial will only sate an anti-Mbeki cottage industry that has sprung up. This industry appears to be led by individuals who feign a personal grievance against Mbeki and those who want to ingratiate themselves with the current administration. Mbeki’s presidency is gone and much remains to be done around HIV/AIDS. The efforts of Health Minister Aaron Motsoaledi to once more focus on persuading individuals to alter their sexual behaviour deserves everyone's support.

The energies of people who are seeking to help SA overcome HIV/AIDS would be better expended in this direction.

Khehla

Khehla

This is absurd. If there is a rule of law in this country, Mbeki should clearly be prosecuted.

And the effect on future leaders would be wholly good — it would be a warning against committing genocide against one’s own people. You might think that no one needs warning about that, but sadly in Africa this is by no means true. Would you argue that the Nuremberg trials after the Second World War had a wrongly inhibiting effect on later German rulers?

Mbeki did much the same damage to this country as notorious former Ugandan leader Idi Amin did to his.

This is nothing to do with ingratiating anyone with President Jacob Zuma — note that the demand for Mbeki to be put on trial does not come from Zuma and nor is it supported by him.

If Mbeki’s criminal murder of more than 300000 people can be brushed under the carpet in the way you suggest then how on earth can one demand justice for lesser crimes?

Bill

Bill

The principal reason that Mbeki should not be prosecuted is that while denying HIV causes AIDS is scientifically wrong and, in light of deaths resulting from the pandemic, harms the sensibilities of the community — and therefore belongs in the same realm as the once popular argument that the earth is flat — it is not a crime either in statute or common law.

If the anti-Mbeki brigade so prefers, they can easily outlaw views that are contrary to proven scientific fact; after all there are certainly enough of them with policy influence.

Prosecuting rapists, who spread the virus, as well as those who refuse to check their HIV status yet continue to engage in unprotected sex with multiple partners will be far more productive than baying for Mbeki’s blood.

Some in the ANC who argue for Mbeki’s prosecution have turned the ANC into an intellectually exhausted organisation bereft of any ability to imagine progressive policies, that instead recasts those he fashioned.

Khehla

Post comment here (You must login first)   Login | Register
All comments are moderated and will be posted only if they are about the subject and are not abusive, vulgar and/or discriminatory
Article Tools
Print
By: Solomzi100 On: Nov 25 2009 8:38AM
A crime can definitely be developed. For example culpable homicide. In any event that would be for the court to decide; whether a crime has been committed or not.
Advertisement

  Breaking News

News
World News
Markets
Available RSS Feeds
 
 

Subscribe  |  Advertise  |  Contact Us  |  Register  |  SiteMap  |  NewsLetter

Financial Mail   |  Summit TV   |  Bignews   |  Netassets   |  I-Net Bridge   |  Business Media in Education   |  Pearson Plc   |  Avusa

BDFM Publishers (Pty) Ltd disclaims all liability for any loss, damage, injury or expense however caused, arising from the use of or reliance upon, in any manner, the information provided through
this service and does not warrant the truth, accuracy or completeness of the information provided.
online publishers association member Proudly Part of Avusa Privacy Policy
Copyright © 2009 BDFM Publishers (Pty) Ltd. All Rights Reserved