LIMITATIONS IN IMITATIONS - Challenges of African Democracy.

 By: Ahmed Abdul-Hanan Deeshini

It is common knowledge that when someone designs something, they are able to and freely change the shape of the thing as they choose because they own the original design and the original idea. If they encounter problems along the way they can change the course easily. However, if another person copies it, then it becomes difficult for him or her to change it when problems arise.  

At best, it can only look a bit like the original but can never be the original. Ghana and other African countries who are striving to practice democratic governments find themselves in that situation. Many African countries like Ghana have been trying hard to practice democracy since independence. They have written constitutions, conducted elections, held debates to exchange ideas, created parliaments, judicial systems etc. Most of their constitutions are shaped alongside that of their former colonial masters and in some cases with variations. The Ghana constitution for example has an executive president (American Model), Ministers chosen from among members of parliament (British Model) and Chieftaincy (Ghana Model). This means that those aspects of the constitutions structured alongside those of the colonial masters would present some difficulties when operated. All constitutions are structured with values and traditions of the people in mind so the governance will reflect the people’s beliefs, culture and traditions.

But in Africa, our culture and beliefs appear to run parallel to our governance systems. I have read somewhere that Africans should evolve an African version of democracy. I do not subscribe to that idea because we are already neck-deep with the western style democracy. What we need to do is twist and turn these models to suit our circumstances. And that is where the problems begin. Imitations definitely have limitations. How do we successfully operate a constitution that has been modeled alongside a culture that is considerably different from ours?

This explains why many African countries have failed to live up to the democratic ideal. In fairness some countries including Ghana, Tanzania, Botswana and a few others have had a fair share of success and all is not lost.  But the question to be asked is this; are Africans practicing democracy in the European style, American style or African style? Are we imitating properly or we are faced with limitations? Western style democracy is a good thing. Why? Because it comes with many freedoms which everyone loves to have: Freedom of speech, freedom of movement, freedom of association, the right to life, and many other freedoms. But the original designers of this democracy did not and have not included insults and abuses. What they have done and continue to do is prescribe the responsible use of the freedoms that come with democracy.

A few months ago, a journalist and some commentators were punished in Ghana for contempt of the court for “improperly’ making comments in the all popular landmark election petition case which the court was adjudicating on.  Suddenly, our learned lawyers, professors, journalists and commentators forgot the meaning and spirit of contempt of court. Some were asking the Supreme Court to draw the parameters for them so they would know their boundaries, while others have called the contempt law archaic and obsolete.

I am afraid the supreme court is not a workshop nor is it an extension of the law school. To be honest, before the case everybody was using the term ‘contempt’ of court freely, including our learned lawyers. But most people know that there are many laws in the criminal code Act 29 of 1960 that are old and should be amended to suit the present social and economic environment. Many of these laws were modeled alongside the British legal system but our learned lawyers have not done anything about them. Is it a case of limitation in imitation? Not long ago, many people including lawyers were debating the issue of unnatural carnal knowledge when the gay issue became a hot topic. Questions were asked whether or not being gay is a criminal offence in Ghana. Then there was the issue of causing fear and panic, causing financial loss to the state and many more. Now that those issues have died, everyone is quiet. This reminds me of what a lawyer friend of mine said some time back, that the law came to govern the relationship between men. We are waiting for someone to get into trouble with the law before we realize that a particular law is archaic or is not right. Why must it take the incarceration of a few people before the legal luminaries find their pens? All of a sudden, people who know a bit have found their voices to say what is wrong with our criminal justice system and our laws. In Ghana, we had the privilege of setting up a constitutional review commission to review aspects of the 1992 constitution and come out with areas that we think are not fit for our purpose or are dysfunctional, after only twenty one years (compared with America, British and French constitutions). I am yet to find out whether some of these people and institutions made submissions to the committee. And whether or not there were suggestions regarding our “archaic laws”. As I write this piece, the Electoral Commission is contemplating whether to organize a referendum this year for people to either accept or reject the proposals of the Review Commission or wait until the District level Elections is done. In western democracies, which Africans love to quote ever so often, journalists and commentators are very circumspect when they are commenting on cases before the courts. One will often hear statements like “for legal reasons, I am not going to comment on this or that case’.  I have lost count of the number of times politicians and journalists in the west have made this statement. The reasons for this is that they are simply avoiding being contemptuous of the law. This means that, full commentaries only be made comfortably, after the case has been done with.  Journalists, commentators and politicians in the west know their boundaries and keep sensitive information that might prove prejudicial or damaging to the case under shelves until the case is finished with.

Insults and abuses should not part of our traditional, social and political set up. Despite our practice of western style democracy for some time now with enjoyment of all freedoms, it is unthinkable that any Ghanaian will have the guts to insult the Asantehene, the Okyehene, Yagbonwura, Ya-Na and other kings in their faces or in the media without a heavy price to pay. However, we have openly insulted all of our presidents at one time or another in the name of freedom of speech and democracy.

If you are not you, then who are you going to be? Consider the following by Pablo Picasso: My mother said to me, “if you become a soldier you will become a general; if you become a monk, you will end up as a pope.  Instead, I became a painter and ended up as Picasso”. Trust your own instincts. No one has ever become great by imitation: imitation is limitation. Do not be a copy of something. Make your own impression. Dare to be who you are.