This is a book of desire denied, of what the pain of that impotence drives people to do, and how it makes them unwilling contortionists and even co-conspirators in their oppression. From ‘The Transformation of Harry’: “And there we all were; in an uncertain country, ourselves uncertain. A land with a sly heart; and ourselves ready to be deceived.” For if colonialism was any one thing it was denial: denial of land, denial of African culture, denial of any form of psychic nourishment—including hope—denial of black existence itself. And neocolonialism is the denial that any of that is still happening. First published in 1978, The House of Hunger speaks, or rather shouts, forward from its own time to 2017. Perhaps the most painful parts of the book to read are those that show how little has changed in thirty-nine years. For if colonialism was any one thing it was denial: denial of land, denial of African culture, denial of any form of psychic nourishment—including hope—denial of black existence itself. And neocolonialism is the denial that any of that is still happening.
Unfortunately your response does not take us any further. To take us any further you will have to answer the points I made in my previous email about why the stated motive for (and previous affiliation of Ms Love) are not relevant and why her character and actions are. You attempt to do so here by saying the stated motives and procedures are ALWAYS relevant because they are always relevant in all other contexts. And they are always relevant in all other contexts because they are relevant in Administrative Law and criminal law contexts. This is obviously illogical and wrong. It is illogical and wrong, first, because even if we limit ourselves to the legal arena (a proposition that does not hold water as our dispute relates to the political arena) this is not true. Two examples: In the rather famous case of National Director for Public Prosecutions v Zuma, justice Harms stated: “The motive behind a prosecution is irrelevant because… the best morive does not cure an otherwise illegal arrest and the worst motive does not render an otherwise legal arrest illegal”. In Sandersen v Attorney General Justice Kriegler made clear that in determining whether a person’s fair trail rights have been infringed one looks at the outcome – was there n fact a fair trial or not – and that procedure or motive is not decisive.
So maybe its better to focus on these assumptions: why is it ALWAYS bad for a former ANC leader to be appointed to the HRC if that person will be a brilliant Commissioner? You have not really explained this.
PS: On a personal note, I thought the example you chose in your previous email was rather unfortunate and unwise. It did not display the generocity of spirit that I would have expected from you.
NOTE:: Prof Fagan has decided that a further publication of his emails would not helpful. The example referred to in my PS is as follows;