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	<title>Comments on: NPA plagiarism scandal maybe hides a deeper truth</title>
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	<link>http://constitutionallyspeaking.co.za/963/</link>
	<description>This blog deals with political and social issues in South Africa, mostly from the perspective of Constitutional Law. Written by Pierre de Vos</description>
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		<title>By: Thomas</title>
		<link>http://constitutionallyspeaking.co.za/963/#comment-13663</link>
		<dc:creator>Thomas</dc:creator>
		<pubDate>Mon, 20 Apr 2009 10:16:44 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=963#comment-13663</guid>
		<description>Prof: you make a convincing argument on why the law must not be broken in order to show an injustice. It is like shooting a criminal/bugler in your house. This burglar comes into your house, steals your belongings, comes back to Rape your wife and kids. You see him in the process of raping your wife and you have a gun with you. You then phone the police and wait outside in case you break the law by assaulting this guy or shooting him. I am not making a comparison with the Zuma case, what I am saying is look at the Zuma situation and analyse the merits and demerits of the dropping of the charges. Once you start using hypothetical situations in support, you must remember there are many also against you argument. 

Do we really know all the contents of the tapes? Do we really know the “volumes of evidence” the NPA has in its possession? I don’t think so. That is what is worrying with the arguments. 

In actual fact we do not know much about the case.  The Prof has in many instances conceded in many of his postings that the only evidence he feels is strong enough to convict Zuma is the same one that convicted Shaik, and the conclusion by the court that there was a corupt relationship between Shaik and Zuma, vice versa he doesn’t know. We already know that the letter, signed by Zuma, to the then chairman of Parliament’s standing committee on public accounts, Gavin Woods, informing Woods of a presidential decision not to issue the proclamation required for the investigation Woods had sought into the arms deal was not written by Zuma.</description>
		<content:encoded><![CDATA[<p>Prof: you make a convincing argument on why the law must not be broken in order to show an injustice. It is like shooting a criminal/bugler in your house. This burglar comes into your house, steals your belongings, comes back to Rape your wife and kids. You see him in the process of raping your wife and you have a gun with you. You then phone the police and wait outside in case you break the law by assaulting this guy or shooting him. I am not making a comparison with the Zuma case, what I am saying is look at the Zuma situation and analyse the merits and demerits of the dropping of the charges. Once you start using hypothetical situations in support, you must remember there are many also against you argument. </p>
<p>Do we really know all the contents of the tapes? Do we really know the “volumes of evidence” the NPA has in its possession? I don’t think so. That is what is worrying with the arguments. </p>
<p>In actual fact we do not know much about the case.  The Prof has in many instances conceded in many of his postings that the only evidence he feels is strong enough to convict Zuma is the same one that convicted Shaik, and the conclusion by the court that there was a corupt relationship between Shaik and Zuma, vice versa he doesn’t know. We already know that the letter, signed by Zuma, to the then chairman of Parliament’s standing committee on public accounts, Gavin Woods, informing Woods of a presidential decision not to issue the proclamation required for the investigation Woods had sought into the arms deal was not written by Zuma.</p>
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		<title>By: Zuma: the bad</title>
		<link>http://constitutionallyspeaking.co.za/963/#comment-13650</link>
		<dc:creator>Zuma: the bad</dc:creator>
		<pubDate>Sun, 19 Apr 2009 15:41:25 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=963#comment-13650</guid>
		<description>[...] Further scrutiny of the arguments advanced by the NPA left one conclusion, they were not a coherent assessment of the case in terms of South African [...]</description>
		<content:encoded><![CDATA[<p>[...] Further scrutiny of the arguments advanced by the NPA left one conclusion, they were not a coherent assessment of the case in terms of South African [...]</p>
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		<title>By: Garg Unzola</title>
		<link>http://constitutionallyspeaking.co.za/963/#comment-13634</link>
		<dc:creator>Garg Unzola</dc:creator>
		<pubDate>Sat, 18 Apr 2009 11:41:31 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=963#comment-13634</guid>
		<description>Let&#039;s say that the DA application is successful (highly unlikely given that our judiciary is tainted by Zuma sycophants). What would the consequences be? 

Would Zuma remain president with charges hanging over his head?

Would Zuma be recalled as president?</description>
		<content:encoded><![CDATA[<p>Let&#8217;s say that the DA application is successful (highly unlikely given that our judiciary is tainted by Zuma sycophants). What would the consequences be? </p>
<p>Would Zuma remain president with charges hanging over his head?</p>
<p>Would Zuma be recalled as president?</p>
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		<title>By: Spuy</title>
		<link>http://constitutionallyspeaking.co.za/963/#comment-13630</link>
		<dc:creator>Spuy</dc:creator>
		<pubDate>Sat, 18 Apr 2009 06:02:49 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=963#comment-13630</guid>
		<description>chris, i was just fooling around on the 5 laptops and capitalist thing man! For someone who likes fooling around sometimes, you sure as hell have a touchy sense of humour neh!</description>
		<content:encoded><![CDATA[<p>chris, i was just fooling around on the 5 laptops and capitalist thing man! For someone who likes fooling around sometimes, you sure as hell have a touchy sense of humour neh!</p>
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		<title>By: Chris Mcdaniel</title>
		<link>http://constitutionallyspeaking.co.za/963/#comment-13615</link>
		<dc:creator>Chris Mcdaniel</dc:creator>
		<pubDate>Fri, 17 Apr 2009 07:23:19 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=963#comment-13615</guid>
		<description>Spam // Apr 16, 2009 at 10:03 pm 

Im sorry i have 4 laptops actually, i got no issues being a capitalist i work hard for living and thats what capitalism is all about i am your worst nightmare then, I embody capitalism............last time i checked we won the cold war, comrade ;) 


Spam apply your legal mind here, I dare you actually and JJ and our rocket engineer Ozzhole
(Spuy // Apr 16, 2009 at 9:56 pm)

I take it your a lawyer?? if you are good we gonna have fun now.

What do you actually have?
You have alleged tapes you dont even have, that even the NPA doesnt even have, all there is, is a script that is 2 seconds long taken from a conversation that could of been 30 mins long about a casual chit chat about the likely hood of prosecuting Zuma.....oooohhhhh im scared.

In a court of law if this was your evidence wtf do you think the judge is going to say or the state prosecutor well say to your defence? There is NO legal way Hulley could of gotten those tapes to pass to Zuma, there is none period. 

Um firstly what the hell is your client doing with state material?

secondly where the hell is the full audio?

thirdly is it authentic?

Wheres your proof?

My capitalistic fart has more substance in a conspiracy theory against Zuma than your evidence of a 2 second script which has most likely been taken out of context....It proves nothing.......if you deal with law you deal with facts hard evidence. Innocent until proven guilty...is it not?

I can picture Hulley and Zuma sitting in a corner listening to this audio: &quot;hey this guy said MAN....ohhhh wait now he said BIG......Oh my god man and big...big and man awwww BIG MAN....this proves it they out to get me!!!

The only abuse of state i can see so far is from Zuma and the NIA.

In order for Zuma to be vindicated about this so called plot, one is still yet to see evidence being vabricated from political meddling......has this happend?

Instead we found a bunch of gun ho happy shooters who believe every single crap that is fed to them. If the NIA gave a private citizen a list of names and telephone numbers of every spy operative or telephone recordings between them to you, would that be illegal?

Now spam with regards to Mpshe.
You and him did not apply your minds.

Firslty even i know South Africa has its own common law and has its on constitution in order for Mpshe to work around Harms judgement he quoted from a judge who&#039;s judgement was over ruled. When it comes to LAW one has to provide authority. In other words in order for Zuma to claim his legal solution Mpshe has to use legal authority! This is not rocket science. To use legal authority on a judgement that lost all meaning becomes worthless. Hence that this is not a legal solution but a political solution.

Which brings me to this and a free little education for you SPAM and JJ since you both seem very lost here.

Constitutional Law should be treated as the 3rd order of the political. Which must advocate the establishment of a properly equilibrated political system in which power was checked by power. 

Constitutional law is a spiece of politcal right it is positive law which has been broken by the ANC and fight against it when dropping the charges of Zuma.

So when Zuma shouts out at the constitutional judges about being Gods, he is simply deluded at best, constitutional law is not handed down from above but which exists as part of the self-regulatory process of the political relm.</description>
		<content:encoded><![CDATA[<p>Spam // Apr 16, 2009 at 10:03 pm </p>
<p>Im sorry i have 4 laptops actually, i got no issues being a capitalist i work hard for living and thats what capitalism is all about i am your worst nightmare then, I embody capitalism&#8230;&#8230;&#8230;&#8230;last time i checked we won the cold war, comrade <img src='http://constitutionallyspeaking.co.za/wp-includes/images/smilies/icon_wink.gif' alt=';)' class='wp-smiley' />  </p>
<p>Spam apply your legal mind here, I dare you actually and JJ and our rocket engineer Ozzhole<br />
(Spuy // Apr 16, 2009 at 9:56 pm)</p>
<p>I take it your a lawyer?? if you are good we gonna have fun now.</p>
<p>What do you actually have?<br />
You have alleged tapes you dont even have, that even the NPA doesnt even have, all there is, is a script that is 2 seconds long taken from a conversation that could of been 30 mins long about a casual chit chat about the likely hood of prosecuting Zuma&#8230;..oooohhhhh im scared.</p>
<p>In a court of law if this was your evidence wtf do you think the judge is going to say or the state prosecutor well say to your defence? There is NO legal way Hulley could of gotten those tapes to pass to Zuma, there is none period. </p>
<p>Um firstly what the hell is your client doing with state material?</p>
<p>secondly where the hell is the full audio?</p>
<p>thirdly is it authentic?</p>
<p>Wheres your proof?</p>
<p>My capitalistic fart has more substance in a conspiracy theory against Zuma than your evidence of a 2 second script which has most likely been taken out of context&#8230;.It proves nothing&#8230;&#8230;.if you deal with law you deal with facts hard evidence. Innocent until proven guilty&#8230;is it not?</p>
<p>I can picture Hulley and Zuma sitting in a corner listening to this audio: &#8220;hey this guy said MAN&#8230;.ohhhh wait now he said BIG&#8230;&#8230;Oh my god man and big&#8230;big and man awwww BIG MAN&#8230;.this proves it they out to get me!!!</p>
<p>The only abuse of state i can see so far is from Zuma and the NIA.</p>
<p>In order for Zuma to be vindicated about this so called plot, one is still yet to see evidence being vabricated from political meddling&#8230;&#8230;has this happend?</p>
<p>Instead we found a bunch of gun ho happy shooters who believe every single crap that is fed to them. If the NIA gave a private citizen a list of names and telephone numbers of every spy operative or telephone recordings between them to you, would that be illegal?</p>
<p>Now spam with regards to Mpshe.<br />
You and him did not apply your minds.</p>
<p>Firslty even i know South Africa has its own common law and has its on constitution in order for Mpshe to work around Harms judgement he quoted from a judge who&#8217;s judgement was over ruled. When it comes to LAW one has to provide authority. In other words in order for Zuma to claim his legal solution Mpshe has to use legal authority! This is not rocket science. To use legal authority on a judgement that lost all meaning becomes worthless. Hence that this is not a legal solution but a political solution.</p>
<p>Which brings me to this and a free little education for you SPAM and JJ since you both seem very lost here.</p>
<p>Constitutional Law should be treated as the 3rd order of the political. Which must advocate the establishment of a properly equilibrated political system in which power was checked by power. </p>
<p>Constitutional law is a spiece of politcal right it is positive law which has been broken by the ANC and fight against it when dropping the charges of Zuma.</p>
<p>So when Zuma shouts out at the constitutional judges about being Gods, he is simply deluded at best, constitutional law is not handed down from above but which exists as part of the self-regulatory process of the political relm.</p>
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		<title>By: Anonymouse</title>
		<link>http://constitutionallyspeaking.co.za/963/#comment-13611</link>
		<dc:creator>Anonymouse</dc:creator>
		<pubDate>Fri, 17 Apr 2009 06:33:32 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=963#comment-13611</guid>
		<description>Bongs - I agree with Prof Dde Vos&#039; take at Pierre De Vos // Apr 17, 2009 at 7:54 am. This is not about &#039;review&#039; in the common law sense of the word. It is about provisions of the suprema lex not being honoured. Remember s 2: &quot;This Constitution is the supreme law of the Republic; law or CONDUCT INCONSISTENT WITH IT IS INVALID, and the obligations imposed by it must be fulfilled.&quot; (My emphasis.) Read this with s 172 of the Constitution and you will soon find that there is no need for so-called &#039;common law review&#039; of Mpshe&#039;s decision at all. If his conduct to &#039;stop&#039; (no, I think &#039;abandon&#039; is the more apt word since JZ has not yet pleaded) the prosecution is inconsistent with the Constitution - and it is, judged according to s 179(5)(a) - then a competent court to which an application is directed &quot;must declare that ... [such] conduct ... is invalid to the extent of its inconsistency&quot;. This has nothing to do with PAJA or the common law principles of appeal and review; and, even if it had, the courts still have the power to develop the common law in this regard. I have a good feeling that a competent court might even find that the provisions in the CPA relating to &#039;private prosecution&#039; are inconsistent with the Constitution to the extent that they require someone to show a specific personal interest in the outcome of a matter before he/she/they may institute private prosecuition in the case of a certificate nolle prosequi (which is what Mpshe&#039;s decision boils down to). The fact that there is no existing precedent where a prosecutor&#039;s decision to drop charges has been &#039;reviewed&#039; makes no difference to the above. Such conduct is challengable under the Constitution and, if inconsistent with the Constitution, it must be declared invalid (unless it can be interpreted in a constitutional-conformative way, which would be very difficult in matters like these).</description>
		<content:encoded><![CDATA[<p>Bongs &#8211; I agree with Prof Dde Vos&#8217; take at Pierre De Vos // Apr 17, 2009 at 7:54 am. This is not about &#8216;review&#8217; in the common law sense of the word. It is about provisions of the suprema lex not being honoured. Remember s 2: &#8220;This Constitution is the supreme law of the Republic; law or CONDUCT INCONSISTENT WITH IT IS INVALID, and the obligations imposed by it must be fulfilled.&#8221; (My emphasis.) Read this with s 172 of the Constitution and you will soon find that there is no need for so-called &#8216;common law review&#8217; of Mpshe&#8217;s decision at all. If his conduct to &#8216;stop&#8217; (no, I think &#8216;abandon&#8217; is the more apt word since JZ has not yet pleaded) the prosecution is inconsistent with the Constitution &#8211; and it is, judged according to s 179(5)(a) &#8211; then a competent court to which an application is directed &#8220;must declare that &#8230; [such] conduct &#8230; is invalid to the extent of its inconsistency&#8221;. This has nothing to do with PAJA or the common law principles of appeal and review; and, even if it had, the courts still have the power to develop the common law in this regard. I have a good feeling that a competent court might even find that the provisions in the CPA relating to &#8216;private prosecution&#8217; are inconsistent with the Constitution to the extent that they require someone to show a specific personal interest in the outcome of a matter before he/she/they may institute private prosecuition in the case of a certificate nolle prosequi (which is what Mpshe&#8217;s decision boils down to). The fact that there is no existing precedent where a prosecutor&#8217;s decision to drop charges has been &#8216;reviewed&#8217; makes no difference to the above. Such conduct is challengable under the Constitution and, if inconsistent with the Constitution, it must be declared invalid (unless it can be interpreted in a constitutional-conformative way, which would be very difficult in matters like these).</p>
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		<title>By: Pierre De Vos</title>
		<link>http://constitutionallyspeaking.co.za/963/#comment-13609</link>
		<dc:creator>Pierre De Vos</dc:creator>
		<pubDate>Fri, 17 Apr 2009 06:00:10 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=963#comment-13609</guid>
		<description>JJ, see the heading of this Blog. It is a Blog on political and social matters written from a constitutional perspective. Every lawyer has political views and ideological commitments. I am just honest enough to talk about them. My commitment is to the values in the Constitution. I do not have a blind loyalty to the ANC (which seems to be what upsets you) or any other party. Pity more people do not liberate themselves from a blind faith in any party or person.</description>
		<content:encoded><![CDATA[<p>JJ, see the heading of this Blog. It is a Blog on political and social matters written from a constitutional perspective. Every lawyer has political views and ideological commitments. I am just honest enough to talk about them. My commitment is to the values in the Constitution. I do not have a blind loyalty to the ANC (which seems to be what upsets you) or any other party. Pity more people do not liberate themselves from a blind faith in any party or person.</p>
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		<title>By: Pierre De Vos</title>
		<link>http://constitutionallyspeaking.co.za/963/#comment-13608</link>
		<dc:creator>Pierre De Vos</dc:creator>
		<pubDate>Fri, 17 Apr 2009 05:54:33 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=963#comment-13608</guid>
		<description>Bongs, you are wong. Read the Modderklip and Doctors for Life decisions of the CC. And also Frank Michaelman&#039;s chapter in CLOSA on the Rule of Law. If a organ of state fails to follow a prescription in the Cóntitution (that pesky s 179(5)(a) again) a decision can be set aside by a court.</description>
		<content:encoded><![CDATA[<p>Bongs, you are wong. Read the Modderklip and Doctors for Life decisions of the CC. And also Frank Michaelman&#8217;s chapter in CLOSA on the Rule of Law. If a organ of state fails to follow a prescription in the Cóntitution (that pesky s 179(5)(a) again) a decision can be set aside by a court.</p>
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		<title>By: Bongs</title>
		<link>http://constitutionallyspeaking.co.za/963/#comment-13606</link>
		<dc:creator>Bongs</dc:creator>
		<pubDate>Fri, 17 Apr 2009 05:35:29 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=963#comment-13606</guid>
		<description>Mouse, I am not aware of any decision where a South African court reviewed a prosecutor&#039;s decision to drop charges. If you are, kindly favour me with the citation.

If DA&#039;s cause of action is not founded on PAJA, the only remaining resort is common law review. Even there I still think that their application is, to borrow Prof&#039;s words, dead in the water!

Anyway, lets and wait and see. After the euphoria of elections has died down after 22 April, I will not be suprised if DA walks away from this application.</description>
		<content:encoded><![CDATA[<p>Mouse, I am not aware of any decision where a South African court reviewed a prosecutor&#8217;s decision to drop charges. If you are, kindly favour me with the citation.</p>
<p>If DA&#8217;s cause of action is not founded on PAJA, the only remaining resort is common law review. Even there I still think that their application is, to borrow Prof&#8217;s words, dead in the water!</p>
<p>Anyway, lets and wait and see. After the euphoria of elections has died down after 22 April, I will not be suprised if DA walks away from this application.</p>
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		<title>By: ozoneblue</title>
		<link>http://constitutionallyspeaking.co.za/963/#comment-13598</link>
		<dc:creator>ozoneblue</dc:creator>
		<pubDate>Thu, 16 Apr 2009 22:02:29 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=963#comment-13598</guid>
		<description>jj  @ 10:03 pm

I have come to very much the same conclusion.</description>
		<content:encoded><![CDATA[<p>jj  @ 10:03 pm</p>
<p>I have come to very much the same conclusion.</p>
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