On the version of the facts and the law provided to the Minister of Finance by the Hawks themselves, the Minister did not commit any criminal offence. Requesting the Minister to provide a “warning statement” to the Hawks is therefore without a doubt an unlawful form of harassment. Those who urge the Minister to let the law take its course and to provide a warning statement to the Hawks are therefore urging the Minister to legitimise an egregious abuse of power and to forfeit his constitutional rights.
The law is not an exact science. Sometimes there will be reasonable disagreement among lawyers on whether certain acts, if proven beyond reasonable doubt, would constitute a criminal offence. (more…)
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So often I am asked—as all black writers are asked—how their message might be packaged to appeal to those who have no appetite for what we are saying. The interlocutor is usually a person of good faith, who is in agreement, but the question is always a trap. Any writer who takes as their starting place any doubt as to their own humanity, or the humanity of their subject, has already lost…. For black writers, this is a formula for never evolving, for writing the same thing over and over. For black writers the danger is having their work devolve into workshop on racial sensitivity.