<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: A sad day for our judiciary and the JSC</title>
	<atom:link href="http://constitutionallyspeaking.co.za/a-sad-day-for-our-judiciary-and-the-jsc/feed/" rel="self" type="application/rss+xml" />
	<link>http://constitutionallyspeaking.co.za/a-sad-day-for-our-judiciary-and-the-jsc/</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>
	<lastBuildDate>Thu, 17 May 2012 10:52:27 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.2.1</generator>
	<item>
		<title>By: Maggs Naidu - maggsnaidu@hotmail.com</title>
		<link>http://constitutionallyspeaking.co.za/a-sad-day-for-our-judiciary-and-the-jsc/#comment-47151</link>
		<dc:creator>Maggs Naidu - maggsnaidu@hotmail.com</dc:creator>
		<pubDate>Mon, 06 Jun 2011 09:40:25 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1387#comment-47151</guid>
		<description>Mikhail Dworkin Fassbinder says:
June 6, 2011 at 8:01 am

Hey Dworky,

&quot;Maggs, I think he’s referring to you.&quot;

I don&#039;t think &#039;Meal Plans Weight Loss- Fat Burning Foods&#039; was referring to Brett.

If Brett wanted to shed a few kilos of ugly, unwanted fat, he would have his head chopped off.</description>
		<content:encoded><![CDATA[<p>Mikhail Dworkin Fassbinder says:<br />
June 6, 2011 at 8:01 am</p>
<p>Hey Dworky,</p>
<p>&#8220;Maggs, I think he’s referring to you.&#8221;</p>
<p>I don&#8217;t think &#8216;Meal Plans Weight Loss- Fat Burning Foods&#8217; was referring to Brett.</p>
<p>If Brett wanted to shed a few kilos of ugly, unwanted fat, he would have his head chopped off.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Mikhail Dworkin Fassbinder</title>
		<link>http://constitutionallyspeaking.co.za/a-sad-day-for-our-judiciary-and-the-jsc/#comment-47149</link>
		<dc:creator>Mikhail Dworkin Fassbinder</dc:creator>
		<pubDate>Mon, 06 Jun 2011 06:01:20 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1387#comment-47149</guid>
		<description>@ Meal Plans Weight Loss- Fat Burning Foods

&quot;you&#039;ve made some pretty good points there.&quot;

Maggs, I think he&#039;s referring to you.

Thanks.</description>
		<content:encoded><![CDATA[<p>@ Meal Plans Weight Loss- Fat Burning Foods</p>
<p>&#8220;you&#8217;ve made some pretty good points there.&#8221;</p>
<p>Maggs, I think he&#8217;s referring to you.</p>
<p>Thanks.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Skhokho Radebe</title>
		<link>http://constitutionallyspeaking.co.za/a-sad-day-for-our-judiciary-and-the-jsc/#comment-17666</link>
		<dc:creator>Skhokho Radebe</dc:creator>
		<pubDate>Tue, 01 Sep 2009 10:18:39 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1387#comment-17666</guid>
		<description>@Mikhail Dworkin Fassbinder, thank you for pointing out the obvious to all the Hlopephobes and Prof and his sheep. I concur to your post Fassbinder.</description>
		<content:encoded><![CDATA[<p>@Mikhail Dworkin Fassbinder, thank you for pointing out the obvious to all the Hlopephobes and Prof and his sheep. I concur to your post Fassbinder.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Galen</title>
		<link>http://constitutionallyspeaking.co.za/a-sad-day-for-our-judiciary-and-the-jsc/#comment-17659</link>
		<dc:creator>Galen</dc:creator>
		<pubDate>Tue, 01 Sep 2009 09:27:51 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1387#comment-17659</guid>
		<description>I agree with Kameraad Mhambi. The matter should be referred, even if a &#039;favourable&#039; outcome in Parliament cannot be expected.</description>
		<content:encoded><![CDATA[<p>I agree with Kameraad Mhambi. The matter should be referred, even if a &#8216;favourable&#8217; outcome in Parliament cannot be expected.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Kameraad Mhambi</title>
		<link>http://constitutionallyspeaking.co.za/a-sad-day-for-our-judiciary-and-the-jsc/#comment-17620</link>
		<dc:creator>Kameraad Mhambi</dc:creator>
		<pubDate>Mon, 31 Aug 2009 10:54:34 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1387#comment-17620</guid>
		<description>Anonymouse asks:

&quot;However, one must ask oneself the question whether “die kool die sous werd is”. Even if the JSC at the direction of the Court does conduct a full hearing and, even if it does in the end recommend impeachment, the problem will still remain: How can a majority of two thirds be attained in both houses of Parliament to impeach and secure the dismissal of Hlophe? Given the ANC’s majority, and its clear inclination to promote party-politics (and partisanism among judges to further the cause of the majoritrty political party) rather than proper governance, independence of the judiciary and the Rule of Law, the chances are much less than average that Parliament would impeach Hlophe.&quot;

Even if you are right, and I suspect you are, I still think it would be a dereliction of duty not to. It would also send an important symbolic message.

When the Nats changed the composition of the judiciary to remove coloreds from the voters role it was clear nothing would stop them. Still everything was tried. 

To give up would shame us forever for generations to come. I still believe that in the end, justice will win, but only if good and principled men don&#039;t do nothing.</description>
		<content:encoded><![CDATA[<p>Anonymouse asks:</p>
<p>&#8220;However, one must ask oneself the question whether “die kool die sous werd is”. Even if the JSC at the direction of the Court does conduct a full hearing and, even if it does in the end recommend impeachment, the problem will still remain: How can a majority of two thirds be attained in both houses of Parliament to impeach and secure the dismissal of Hlophe? Given the ANC’s majority, and its clear inclination to promote party-politics (and partisanism among judges to further the cause of the majoritrty political party) rather than proper governance, independence of the judiciary and the Rule of Law, the chances are much less than average that Parliament would impeach Hlophe.&#8221;</p>
<p>Even if you are right, and I suspect you are, I still think it would be a dereliction of duty not to. It would also send an important symbolic message.</p>
<p>When the Nats changed the composition of the judiciary to remove coloreds from the voters role it was clear nothing would stop them. Still everything was tried. </p>
<p>To give up would shame us forever for generations to come. I still believe that in the end, justice will win, but only if good and principled men don&#8217;t do nothing.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Mike Atkins</title>
		<link>http://constitutionallyspeaking.co.za/a-sad-day-for-our-judiciary-and-the-jsc/#comment-17615</link>
		<dc:creator>Mike Atkins</dc:creator>
		<pubDate>Mon, 31 Aug 2009 09:44:13 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1387#comment-17615</guid>
		<description>I think that it is time that we restore the use of the word &quot;evil&quot; into our public discourse.</description>
		<content:encoded><![CDATA[<p>I think that it is time that we restore the use of the word &#8220;evil&#8221; into our public discourse.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: mayimele</title>
		<link>http://constitutionallyspeaking.co.za/a-sad-day-for-our-judiciary-and-the-jsc/#comment-17614</link>
		<dc:creator>mayimele</dc:creator>
		<pubDate>Mon, 31 Aug 2009 09:40:49 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1387#comment-17614</guid>
		<description>Big Sleeper - August 28, 2009 at 17:31 pm 

You are spot on Big Sleeper. I am not surprised at all.  Unfortunately this is what we have to put up with for the next 10 years under this new administration.

I did not expect a different outcome from this since the foundation has already been laid with the bizarre dropping of the JZ case. And I expect similar outcomes in future where JZ and ANC&#039;s cronies are involved.

Mandela once said he fought against white domination as well as against black domination. Meaning he did not fight to replace the white apartheid with the black apartheid. Unfortunately, the very man he aspires to and pretends to be the next Mandela is institutionalizing another domination based on cult and loyalty to him while Mandela fought for and ensured that fair and equal justice is dispensed to all irrespective of socio-political and economic standing in the society. 
 
Thomas, do you really think there is going to be anything apolitical under this administration when it comes to dispensing justice where the interests of the current ANC leadership is involved? You are expecting too much and you are certainly in for a big surprise of your life.

Prof, the sad day for our judiciary had dawned long time ago when the NPA dropped JZ case on the basis of illegally solicited tapes.</description>
		<content:encoded><![CDATA[<p>Big Sleeper &#8211; August 28, 2009 at 17:31 pm </p>
<p>You are spot on Big Sleeper. I am not surprised at all.  Unfortunately this is what we have to put up with for the next 10 years under this new administration.</p>
<p>I did not expect a different outcome from this since the foundation has already been laid with the bizarre dropping of the JZ case. And I expect similar outcomes in future where JZ and ANC&#8217;s cronies are involved.</p>
<p>Mandela once said he fought against white domination as well as against black domination. Meaning he did not fight to replace the white apartheid with the black apartheid. Unfortunately, the very man he aspires to and pretends to be the next Mandela is institutionalizing another domination based on cult and loyalty to him while Mandela fought for and ensured that fair and equal justice is dispensed to all irrespective of socio-political and economic standing in the society. </p>
<p>Thomas, do you really think there is going to be anything apolitical under this administration when it comes to dispensing justice where the interests of the current ANC leadership is involved? You are expecting too much and you are certainly in for a big surprise of your life.</p>
<p>Prof, the sad day for our judiciary had dawned long time ago when the NPA dropped JZ case on the basis of illegally solicited tapes.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Sebjeni Moyahabo</title>
		<link>http://constitutionallyspeaking.co.za/a-sad-day-for-our-judiciary-and-the-jsc/#comment-17611</link>
		<dc:creator>Sebjeni Moyahabo</dc:creator>
		<pubDate>Mon, 31 Aug 2009 08:48:25 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1387#comment-17611</guid>
		<description>Annonymouse,

I concur, 
We just have to let go of this matter, because even if it goes to parliament, Hlophe will still not be voted out. (May be because  the matter has a Zuma name in it).

I know Hlophe is very intelligent and capable of extraordinary, but it is not to the interest of the judiciary (and the country) to have at least one Judge (either one from the CC or Hlophe) who lied, to be allowed to continue sitting on the bench.</description>
		<content:encoded><![CDATA[<p>Annonymouse,</p>
<p>I concur,<br />
We just have to let go of this matter, because even if it goes to parliament, Hlophe will still not be voted out. (May be because  the matter has a Zuma name in it).</p>
<p>I know Hlophe is very intelligent and capable of extraordinary, but it is not to the interest of the judiciary (and the country) to have at least one Judge (either one from the CC or Hlophe) who lied, to be allowed to continue sitting on the bench.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Leigh</title>
		<link>http://constitutionallyspeaking.co.za/a-sad-day-for-our-judiciary-and-the-jsc/#comment-17607</link>
		<dc:creator>Leigh</dc:creator>
		<pubDate>Mon, 31 Aug 2009 07:55:47 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1387#comment-17607</guid>
		<description>Anonymouse, you raise an interesting point. The judge&#039;s all subscribed to the minority view. So one question could be: does the majority know how shoddy its reasoning is? Who knows right? 

But perhaps the better view is that the majority always knew that Hlophe would catch a break. And that after the media groups successfully launched a very welcome application, the majority was merely forced to accept that it would have to look somewhat foolish and crooked in order to realise its ultimate object.</description>
		<content:encoded><![CDATA[<p>Anonymouse, you raise an interesting point. The judge&#8217;s all subscribed to the minority view. So one question could be: does the majority know how shoddy its reasoning is? Who knows right? </p>
<p>But perhaps the better view is that the majority always knew that Hlophe would catch a break. And that after the media groups successfully launched a very welcome application, the majority was merely forced to accept that it would have to look somewhat foolish and crooked in order to realise its ultimate object.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Chris McDaniel</title>
		<link>http://constitutionallyspeaking.co.za/a-sad-day-for-our-judiciary-and-the-jsc/#comment-17606</link>
		<dc:creator>Chris McDaniel</dc:creator>
		<pubDate>Mon, 31 Aug 2009 07:49:32 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1387#comment-17606</guid>
		<description>I guess the &quot;Shenanigans&quot; of the JSC saw fruit. Well what you espect with a board which has been pumped with BLA members??

But there is hope the CC judges can ask for a review, If I was them take it to court the JSC can not be trusted nore can it come to a complete decision, The jsc was not in anyway interested to hear evidence.</description>
		<content:encoded><![CDATA[<p>I guess the &#8220;Shenanigans&#8221; of the JSC saw fruit. Well what you espect with a board which has been pumped with BLA members??</p>
<p>But there is hope the CC judges can ask for a review, If I was them take it to court the JSC can not be trusted nore can it come to a complete decision, The jsc was not in anyway interested to hear evidence.</p>
]]></content:encoded>
	</item>
</channel>
</rss>

