Chapter 9 · Part II
Institutions That Don’t Serve People
Listen to this chapter12 min 52 s
About the narration: This narration is an AI-generated voice. These books are a passion project, and I wanted them to be accessible to everyone, including people who would rather listen than read. The voice may stumble over some names and Afrikaans words.
The Betrayal of the “Paper Shield”
We are taught that institutions (the police, the medical system, the tax authority) are neutral arbiters designed to serve the public good. We believe that if we follow the rules, hold the proper documents, and pay our taxes, these systems will protect us. This is the brand story of the social contract.
However, historical and contemporary evidence often contradicts this narrative. For example, the Stanford Open Policing Project analyzed nearly 100 million traffic stops and found stark racial disparities: Black drivers were stopped more often than white drivers relative to their share of the population, and once stopped were searched one and a half to two times as often, even though those searches turned up contraband less often. In American maternity wards, Black women die of pregnancy-related causes at roughly three times the rate of white women. These are not accidents; they are outcomes of a system design.
But I learned the limits of that story standing in the Brooklyn Police Station in Pretoria. I was holding a file of evidence regarding cyber-harassment, seeking protection, only to be told, “We don’t do cyber stuff.”
In that moment, the officer looked at my ID, saw “Male,” then looked at my face and saw a woman. The machinery of the state stopped serving and started policing.
This is Administrative Violence: the moment when a bureaucracy refuses to recognize the humanity of the subject before it, reducing a citizen to a processing error. Institutions often function not as protectors, but as gatekeepers.
It is not only the police. There was also the endocrine clinic of a large public hospital, where I arrived at five in the morning to stand in the dark with the sick and the poor, because that is when the queue forms for people who cannot buy their way past it. I was dressed as myself. My file was not.
When the administration office opened, a man behind the counter instructed the entire waiting room to stand and pray. This was a public hospital in a secular constitutional democracy. I stayed in my seat.
Then the machinery resumed and a name boomed across the room. It was not mine. It was the name on the file, the man’s name I had been given at birth, and it did to me in one syllable what a policy could not have done in a hundred pages: it announced my history to every stranger present. I walked to the window. The administrator looked at the woman in front of him, looked at the file, and said, “Sir, do you have an appointment?”
I explained that I was a transfer patient. He repeated that he could not help me without an appointment. I refused to leave, and I waited hours for my own doctor to arrive, and when she did she hugged me in the corridor and forced the system to open a file under my name while the screen went on insisting otherwise.
Notice what saved me there. Not the law, which was on my side the whole time and did nothing. Not the institution, which was functioning normally. A specific woman decided to spend her authority on me. Every marginalised person can name the individual who did this for them, and the fact that we can all name them is the indictment. A right that depends on the kindness of one named person is not a right. It is luck with paperwork.
1. The Mechanisms of Failure: Corruption, Capture, and Impunity
Why do institutions fail to serve? It is rarely mere incompetence; it is often a structural design known as State Capture.
- State Capture: As documented in South Africa under the Zuma administration, state capture is the systematic repurposing of state institutions (such as intelligence agencies and state-owned enterprises) for private gain. Imagine a scenario where an intelligence agency, instead of safeguarding national interests, is manipulated to alter procurement rules. These modified rules then favor a specific firm, which is possibly connected to political elites. The firm secures lucrative contracts without proper oversight, diverting resources from the public sphere into private hands. It is not just “corruption” (a bribe at a roadblock); it is a “silent coup” in which the mechanisms of accountability are dismantled from within to ensure impunity for the powerful.
- Regulatory Capture: In the United States and the Global North, this manifests as “Corporate Capture.” The conceived space of the law (zoning codes, tax loopholes, and environmental regulations) is written by those with capital to protect those with capital. We see this in the New Jim Code, where algorithmic systems used in hiring, housing, and healthcare are trained on biased data, automating discrimination while shielding the creators from liability under the guise of “technological neutrality.”
- Impunity: The result is a system in which the powerful are insulated from consequences. Whether it is the necropolitics of an insurance company denying life-saving cancer scans to maximize profit, or the police failing to investigate violence against marginalized groups, the system is designed to protect the institution, not the individual.
2. Why People Stop Believing (The Legitimacy Crisis)
When the gap between the “constitutional promise” and the “lived reality” widens too much, we enter a legitimacy crisis. In South Africa, this is the Implementation Gap: the chasm between a progressive Bill of Rights and the reality of 33% unemployment and persistent spatial inequality.
When people stop believing that the system can deliver justice, two things happen:
- Withdrawal and Exhaustion: As Hannah Arendt warned, when the scale of injustice feels infinite, citizens surrender to cynicism. We stop voting, we stop organizing, and we retreat into private survival.
- The Autocrat’s Opportunity: Demagogues exploit this disillusionment. They acknowledge the failure of institutions but misdirect the blame. Instead of pointing at “Billionaire Logic” or “State Capture,” they point at a Monstrous Other: migrants, trans people, or racial minorities. They offer a false “protection racket,” promising to restore order by crushing these scapegoats, effectively using the failure of the system to justify the dismantling of democracy.
3. “Customer Service Government” vs. Dignity-Based Governance
We have allowed our democracy to slide into a “Customer Service” model. In this framework, rights are treated as commodities: you only get healthcare, safety, or legal redress if you can “pay” for it, either with money or by performing “respectability” to the satisfaction of the bureaucrat.
- The Customer Service Model: This is the logic of Neoliberalism. It views the citizen as a consumer. If you are poor, undocumented, or disabled, you are a “bad customer,” and the system feels justified in neglecting you. We see this in the “Gig Economy,” where workers are misclassified as independent businesses to strip them of labor protections.
- Dignity-Based Governance: This is the alternative. It is rooted in frameworks like Ubuntu (“I am because we are”) and Disability Justice. It views the state not as a vendor, but as a mechanism for “Collective Access” and “Interdependence.”
- It requires Substantive Democracy: ensuring material survival (water, housing, healthcare) as a precondition for political participation.
- It demands Recognition Justice: validating the identities and lived experiences of marginalized groups so they are visible to the state without being pathologized by it.
I should tell you how that particular fight ended, because I have spent this chapter describing institutions that do not serve, and it would be dishonest to leave you there.
After the stamp, I pulled out my phone on the way to my car and typed exactly what had just happened. No cleverness. No strategy. I put it online because I had nowhere else to put it. My phone rang before I reached the car. It was Lauren, a journalist friend, who had read it and understood that it was a distress call rather than a complaint. She did not rush me. She warned me what publication would cost: that I would be out, permanently and everywhere, and asked whether I was ready for that.
I told her to write it.
Then Amber, my partner then and my wife now, went to work on her networks in the United States, and the trans and gaming communities I belonged to amplified it, and for two weeks I tagged the department, the press and the minister himself, every hour, in public. I was not polite. I had nothing left to be polite with.
The wall cracked. The call, when it came, was not from a clerk. It was from the minister’s office, and they were not calling to argue. Soon afterwards I collected a smart ID card with my own name on it and the letter F where a lifetime of correction had been.
I want to be careful about the moral here, because it is not that the system works if you push. It is the opposite. Everything I was owed, I was already owed. The law had been on my side from the first morning in the queue. What it took to convert a right I already held into a document I could hold was a journalist, an international network, a wife with contacts on another continent, and a willingness to be permanently exposed. Most people do not have those things, and they should not have to. Any right that requires a media campaign to collect is not being administered. It is being rationed.
The Work of Hope Practice: The Accountability Map
Goal: To visualize the power dynamics governing a specific institution in your life, identifying who is actually holding the reins and where leverage might exist.
The Exercise: Choose an institution that is currently failing you (e.g., Your Health Insurance Company, The School Board, The Local Police Precinct, Your Landlord).
Step 1: The Face (Who do I see?)
- Write down the name/title of the person you interact with (e.g., Customer Service Rep, Intake Officer, Property Manager).
- Reality Check: This person usually has almost zero power to change the system. They are the “buffer.”
Step 2: The Boss (Who sets the rules?)
- Draw a line up. Who tells “The Face” what to do? (e.g., The Policy Director, The Precinct Commander, The Regional Manager).
- Question: Are they elected? Appointed? Hired?
Step 3: The Owner (Who extracts the value?)
- Draw a line to the top. Who profits or benefits from this institution functioning this way?
- Is it Shareholders? (Check if the company is publicly traded).
- Is it Real Estate Developers? (Who funds the City Council members?)
- Is it A Specific Demographic? (e.g., Does the School Board policy protect property values for wealthy homeowners?)
Step 4: The Lever (Where is the pressure point?)
- Who is the “Owner” answerable to?
- If it’s a corporation: They fear bad PR or regulation.
- If it’s an elected body: They fear losing votes.
- If it’s a bureaucracy: They fear legal liability (lawsuits).
Reflection: Most of the time, we waste our energy screaming at “The Face.” The Accountability Map shows us that we must aim higher. If the institution is captured, we cannot appeal to its morality; we must threaten its interests (profit, votes, or reputation).
Invitation: What if we map power not as isolated individuals, but as a collective? How can we come together to identify common levers for change and hold these institutions accountable? Let’s envision a collaborative effort where we forge connections and share knowledge, making our demands louder and impossible to ignore. Together, could we redefine the story of who holds power and push for a system that serves us all?
