The Press Freedom Commission in South Africa and the regulation of journalists online: Lessons from Britain and Australia

Abstract

The last few years have seen several attempts to strengthen press regulation in various parts of the world, while the difficulty of controlling online publication is arguably only increasing. In this article the focus is on recent suggestions for a new system of co-regulation of the press in South Africa, in order to see how online journalism is viewed and treated by regulators. In comparison, the article refers to suggestions in this regard by the Leveson Inquiry in Britain and two Australian press and media reviews. Reference is made to Flew and Swift (2013), who apply six main theories in three overlapping categories in debates on the role of journalism and its relationship to the state: fourth estate/market liberal; social responsibility/critical pluralist and dominant interest/radical. A literature review and a qualitative approach were used to identify and compare key debates in various reports from Australia, Britain and South Africa. While suggestions in Britain and Australia favoured an inclusive approach to the regulation of print and online journalism, the South African Press Freedom Commission rejected the idea, due to principle and practical objections. It also became clear that the key problem in the three countries lay in the inability to establish consensus between divergent perspectives on dominant interest and social responsibility, and the entrenched values of the fourth estate/market liberalism.     

Party research: Western European bias and the ‘African labyrinth’

For a long time Africa's political parties have been neglected in political science research, although they have mushroomed during the last decade and are being seen as crucial for the democratic development of the continent. Part of the neglect was due to the very specific western European bias of political science party research, while Africanists claimed the uniqueness of the subject. Despite this bias, the article argues that the framework of established party research can be applied to African parties as well – provided that some modifications are considered. These necessary modifications are explained for four ‘fields’, namely the functionalist approach, the cleavage model, the inclusion of informal politics, and finally whether a distinctively ‘African’ or a universal party typology approach should be applied.     

Predatory versus developmental rule in Africa

Political economy predicts that national leaders opt for economic development when institutions encourage them to extend their time horizons. By contrast, leaders turn predatory if they feel at risk. Leaders are most able to bear risk right upon taking office, but this can be offset by a perception of high volatility in office holding or by concern about catastrophic losses. Political institutions can therefore discourage predation by fostering recurrent, predictable replacement of leaders without harsh payback for ex-leaders who acted developmentally. Cataloguing all national leadership transitions in Africa since 1960, the article demonstrates that electoral cycles, term limits and the prospect of judgement before international tribunals have lately led to declines in the volatility of top office holding and in the risk of catastrophic loss to the occupants. These new institutions have yet to establish full credibility, but they show promise of altering African leaders' risk assessments to encourage more developmental rule.     

Does substantive democratization create more committed democrats? Surprising evidence from Africa

A growing body of evidence holds that citizens support democracy when they believe the regime has provided individual freedoms and political rights. Put simply, citizens develop legitimacy attitudes by learning about democracy. These findings, however, are based on citizens' evaluations of the procedural elements of democracy. Democratization also entails substantive reforms that likely impact legitimacy attitudes. This article provides the first test of how the success – and failure – of substantive democratization shapes legitimacy attitudes. Using data from the second round of Afrobarometer surveys, I find surprising results. Citizens who judge the regime to be more successful in substantive democratization are actually less likely to be committed democrats. I conclude with possible explanations of these surprising findings and reflect on the challenges for both future research and for the new democracies facing this situation.     

The African national congress and its critics: ‘predatory liberalism’, black empowerment and intra-alliance tensions in post-apartheid South Africa

Post-apartheid South Africa is characterized by centralized, neo-liberal policymaking that perpetuates, and in some cases exaggerates, socio-economic inequalities inherited from the apartheid era. The African National Congress (ANC) leadership's alignment with powerful international and domestic market actors produces tensions within the Tripartite Alliance and between government and civil society. Consequently, several characteristics of ‘predatory liberalism’ are evident in contemporary South Africa: neo-liberal restructuring of the economy is combined with an increasing willingness by government to assert its authority, to marginalize and delegitimize those critical of its abandonment of inclusive governance. A new form of oligarch power, combining entrenched economic interests with those of a new ‘black bourgeoisie’ promoted by narrowly implemented Black Economic Empowerment policies, diminishes prospects for broad-based socio-economic transformation. Because the new policy environment is failing to resolve tensions between global market demands for increasing market liberalization and domestic popular demands for poverty-alleviation and socio-economic transformation, the ANC leadership is forced increasingly to confront ‘ultra-leftists’ who are challenging its credentials as defender of the National Democratic Revolution which was the cornerstone in the anti-apartheid struggle.     

Ties that bind? The rise and decline of ethno-regional partisanship in Malawi, 1994–2009

In the first three elections following Malawi's return to democracy in 1993, voting patterns displayed a clear ethno-regional pattern. Then in 2009 the regional pattern broke down in dramatic fashion, with the incumbent President, Bingu wa Mutharika, attracting majority support across all three regions. This article first examines whether ethnic identities were at the root of Malawi's ethno-regional electoral pattern. Our tests show that while ethnic identities were associated with partisan attachments in some areas, regional patterns were more consistently related to other factors, particularly views of the government's performance and the inclusiveness of the ruling party. We then examine the breakdown of the regional pattern, drawing on trend analysis of public opinion data from 1999 to 2008. We show that by 2009 the majority of Malawians in all three regions had come to hold positive views of Mutharika's performance and had come to see his government as inclusive. We conclude, therefore, that shifts in patterns of partisanship had more to do with political factors – Mutharika's symbolic and substantive policies during this first term – than ethnic identities. Malawi reminds us that incumbents, when faced with incentives to construct multi-ethnic support bases, can use the power of the state to reach out across ethnic political boundaries and re-order supposedly entrenched patterns of partisanship.     

Democratization and electoral turnovers in sub-Saharan Africa and beyond

This study criticizes approaches equating opposition electoral victories with democratization in competitive authoritarian regimes. Not only are these approaches theoretically problematic, but there are also important empirical reasons to distinguish between electoral turnovers and democratization. The study goes on to explain why some African turnovers have been successful in bringing about democratization while others have not. This study promotes an approach in which opposition victories may be used as an independent variable that, under certain circumstances, could promote democratization. Using evidence from the cases of Senegal, Ghana, and Kenya, it is argued that electoral uncertainty caused by a low level of party institutionalization has been an important obstacle to democratization by alternation in the African context.     

Rethinking the ‘presidentialism debate’: conceptualizing coalitional politics in cross-regional perspective

The democratization literature has increased our understanding of the role of institutional variables in the study of democratic sustainability. Debates about the dangers of presidentialism have been central to this body of research. In more recent times the presidentialism literature has focused on the capacity of presidents to overcome the conflict-inducing nature of the separation of powers through successful coalition formation. This review article moves this research agenda forward by examining how presidents build legislative coalitions in different regional contexts. Based on the extant analysis of presidential systems in Latin America, sub-Saharan Africa and the former Soviet Union, the article develops the idea that presidents use a toolbox of five key tools when constructing legislative coalitions: agenda power, budgetary authority, cabinet management, partisan powers, and informal institutions. We find that presidents typically utilize more than one tool when they act; that the combinations of tools they employ affects the usage and strength of other parts of the presidential toolkit; and that the choice of tools can create negative consequences for the wider political system. Our findings reveal the limitations of the univariate bias of much of the early presidentialism literature and the need for greater cross-regional research into the effects of presidential rule.     

The Geography of Governance in Africa: New Tools from Satellites,Surveys and Mapping Initiatives

Abstract

Research on decentralization in Africa and beyond has made clear that the quality of decentralized governance is highly variable across localities within countries. In light of that variation, this article has three goals: first, we critique existing academic research on the quality of governance in light of work on decentralized governance in Africa; second, we provide a conceptual map of how to theorize subnational variation in the quality of governance in settings characterized by considerable dependence on higher authorities for revenues; and third, we outline a series of data initiatives that offer the opportunity to study local and regional politics in new and exciting ways across the region. We conclude with great optimism about the prospects for innovative work on decentralized governance within countries across the region.     

What price fairness when security is at stake? Police legitimacy in South Africa

The legitimacy of legal authorities – particularly the police – is central to the state's ability to function in a normatively justifiable and effective manner. Studies, mostly conducted in the US and UK, regularly find that procedural justice is the most important antecedent of police legitimacy, with judgments about other aspects of police behavior – notably, about effectiveness – appearing less relevant. But this idea has received only sporadic testing in less cohesive societies where social order is more tenuous, resources to sustain it scarcer, and the position of the police is less secure. This paper considers whether the link between process fairness and legitimacy holds in the challenging context of present day South Africa. In a high crime and socially divided society, do people still emphasize procedural fairness or are they more interested in instrumental effectiveness? How is the legitimacy of the police influenced by the wider problems faced by the South African state? We find procedural fairness judgments play a key role, but also that South Africans place greater emphasis on police effectiveness (and concerns about crime). Police legitimacy is, furthermore, associated with citizens' judgments about the wider success and trustworthiness of the state.