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Posts under ‘Governance’

On precedent and Mr Von Abo

High Court judges are supposed to have a duty to follow the precedent set by the Constitutional Court and they have to do so in an honest and diligent manner. As readers of this Blog know, I believe South African High Court judges do not always adhere to this injunction. This is either because judges are ignorant [...]

Mpshe’s appointment: scandalous attack on independence of the judiciary

Maybe we are all suffering from abuse-of-power-fatigue? What with the probably unlawful dropping of charges against President Jacob Zuma, the probably unlawful firing of Vusi Pikoli as National Director of Public Prosecutions (NDPP), the clearly unlawful granting of “medical parole” to Schabir Shaik – that “terminally ill” (ha!) friend of President Zuma’s - (the same friend who was [...]

Cwele should step aside

The arrest of Sheryl Cwele, wife of the Minister of State Security Siyabonga Cwele, on drug trafficking charges is in many ways a remarkable event. Cwele and co-accused  Frank Nabolis (who, playing into  prevalent xenophobic attitudes, have consistently been identified by the media as a Nigerian) face three charges: dealing or conspiring to deal in drugs; [...]

Pikoli, the NPA and the R7.5 million

It is a pity that Vusi Pikoli decided not to embarrass the government by going ahead with his case in which he was challenging the lawfulness of his suspension and eventual firing as head of the National Prosecuting Authority (NPA). Instead, after a marathon mediation process, Pikoli accepted a R7.5 million settlement in which the [...]

Shoot to kill? Maybe some good will come of it

Yesterday a policeman allegedly shot and killed a three year old child sitting in the back of a car. Atlegang Phalane, 3, was hit by a bullet while seated in the backseat of a white Hyundai with his uncle, Bongani Mchunu, around 6pm on Saturday. The car was parked outside a relative’s house in Klipfontein View [...]

Mushwana is greedy and shameful and should be shunned

Family legend has it that many years ago when my father, in a letter to my grandfather, complained about the heat in Mussina (where we lived), stating that it was 103 degrees Fahrenheit (40 degrees Celsius) “in the shade”, my grandfather wrote back: “If it is so hot in the shade, why the hell do you [...]

“Afrikaners is (not) plesierig”?

Hoërskool Ermelo has on average about 22 learners in a classroom. At the nearby Lindile School, 62 learners are on average crammed into one classroom. Until now the school’s medium of instruction was Afrikaans and the school was so determined to keep things this way that it challenged the lawfulness of a decision by the [...]

Why the Rule of Law is not only important for the rich

Justice Johan Kriegler has been vilified by some because his organisation, Freedom Under Law (FUL), decided to challenge the decision of the Judicial Services Commission not to investigate the charges against Judge President John Hlophe. Kriegler argued that it was necessary to take this action in order to defend the Rule of Law. If even [...]

Where is President Zuma?

We probably do not want to go back to the imperial Presidency of President Thabo Mbeki. In any case, as a matter of ANC and alliance politics it is probably impossible for our President to take on the dictatorial management style of Mbeki, who branded Cosatu as the ultra-left and tried to silence his critics [...]

ANC disciplinary steps against Travelgate MPs?

The Internet can be a wonderful thing. It can also be a bit of a bother. The thing is, a quick search on Google can recall statements and information published several years ago which some would want us rather to forget. Mr Paul Ngobeni, for example, did not contend with the power of the Internet when [...]