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	<title>Comments on: Curiouser and curiouser</title>
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	<link>http://constitutionallyspeaking.co.za/curiouser-and-curiouser-2/</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: z</title>
		<link>http://constitutionallyspeaking.co.za/curiouser-and-curiouser-2/#comment-7760</link>
		<dc:creator>z</dc:creator>
		<pubDate>Mon, 03 Nov 2008 07:46:27 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=715#comment-7760</guid>
		<description>Mpho

&quot;I fail to see how JZ’s comments re: Terror and the Free State can be said to be elevating the ANC above the Constitution.&quot;

According to the article and some news reports JZ allegedly said this: &quot;I said then that the ANC is more important than even the Constitution of the country.&quot; 

So he was alleged to have said it directly. Thus the burden moves to JZ&#039;s defense to explain that what he said was not what he meant, because of context or mistranslation (from Zulu) or some other reasoning. So I don&#039;t understand how you fail too see how this &quot;can&quot; be construed that way.</description>
		<content:encoded><![CDATA[<p>Mpho</p>
<p>&#8220;I fail to see how JZ’s comments re: Terror and the Free State can be said to be elevating the ANC above the Constitution.&#8221;</p>
<p>According to the article and some news reports JZ allegedly said this: &#8220;I said then that the ANC is more important than even the Constitution of the country.&#8221; </p>
<p>So he was alleged to have said it directly. Thus the burden moves to JZ&#8217;s defense to explain that what he said was not what he meant, because of context or mistranslation (from Zulu) or some other reasoning. So I don&#8217;t understand how you fail too see how this &#8220;can&#8221; be construed that way.</p>
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		<title>By: Mpho</title>
		<link>http://constitutionallyspeaking.co.za/curiouser-and-curiouser-2/#comment-7754</link>
		<dc:creator>Mpho</dc:creator>
		<pubDate>Sun, 02 Nov 2008 20:48:46 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=715#comment-7754</guid>
		<description>z

The article comparing Terror and JZ.  I fail to see how JZ&#039;s comments re: Terror and the Free State can be said to be elevating the ANC above the Constitution.  The Constitution is deliberately silent on how parties conduct their own internal affairs.  Whilst I agree that this central collectivist (anal) attitude of JZ&#039;s is not one which would attract free-thinking managers, it is nevertheless a perfectly valid way for a party to conduct itself if central collectivism is the method by which it has set itself up.  

If another party allows it&#039;s elected Heads to hire and fire as they like, cool!  But the ANC can hardly be said to be acting outwith the Constitution if they do not give such free reign to their Mayoral candidates.</description>
		<content:encoded><![CDATA[<p>z</p>
<p>The article comparing Terror and JZ.  I fail to see how JZ&#8217;s comments re: Terror and the Free State can be said to be elevating the ANC above the Constitution.  The Constitution is deliberately silent on how parties conduct their own internal affairs.  Whilst I agree that this central collectivist (anal) attitude of JZ&#8217;s is not one which would attract free-thinking managers, it is nevertheless a perfectly valid way for a party to conduct itself if central collectivism is the method by which it has set itself up.  </p>
<p>If another party allows it&#8217;s elected Heads to hire and fire as they like, cool!  But the ANC can hardly be said to be acting outwith the Constitution if they do not give such free reign to their Mayoral candidates.</p>
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		<title>By: Ishmael Malale</title>
		<link>http://constitutionallyspeaking.co.za/curiouser-and-curiouser-2/#comment-7668</link>
		<dc:creator>Ishmael Malale</dc:creator>
		<pubDate>Thu, 30 Oct 2008 20:48:29 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=715#comment-7668</guid>
		<description>Mqo,

 You  must tell it all not your selective argument bites about our - Zimbabwe. 

Mbeki is a sophisticated intellectual who knows the real mouse and the IT instrument including its use.

We are prepared to learn and talk about your beloved mother or fatherland. Regurgitate facts of event and let us engage.

We hear that Zanu PF has resuscitated in the rural landscape from the lull occassioned by the loss of national and presidential elections. It that true?


We love the MDC but it seems the politicians climax when they see a TV Camera. 

WHat is a fuss about allocation of power. This uncompromising quasi-leaders are punishing our people.

Mqo tell us more, I am provoking you. It sems it has been very invigorating!


As for for Mugabe for heaven sake what does he think he would contribute at his age ? 

I find it very sad that Zimbabweans should lbame Mbeki instead of resolving their own  problems in Zimbabwe. 


All we are required is to give fellow africans refuge but to descent to zimbabwe to solve their political stalemate.

I gather during negotiations of the failed Deal they deadlocked on accomodation and booze. How true is this? 

The answer tof Speaker to the unlively question of YL member was equally simplistic.

Mqo</description>
		<content:encoded><![CDATA[<p>Mqo,</p>
<p> You  must tell it all not your selective argument bites about our &#8211; Zimbabwe. </p>
<p>Mbeki is a sophisticated intellectual who knows the real mouse and the IT instrument including its use.</p>
<p>We are prepared to learn and talk about your beloved mother or fatherland. Regurgitate facts of event and let us engage.</p>
<p>We hear that Zanu PF has resuscitated in the rural landscape from the lull occassioned by the loss of national and presidential elections. It that true?</p>
<p>We love the MDC but it seems the politicians climax when they see a TV Camera. </p>
<p>WHat is a fuss about allocation of power. This uncompromising quasi-leaders are punishing our people.</p>
<p>Mqo tell us more, I am provoking you. It sems it has been very invigorating!</p>
<p>As for for Mugabe for heaven sake what does he think he would contribute at his age ? </p>
<p>I find it very sad that Zimbabweans should lbame Mbeki instead of resolving their own  problems in Zimbabwe. </p>
<p>All we are required is to give fellow africans refuge but to descent to zimbabwe to solve their political stalemate.</p>
<p>I gather during negotiations of the failed Deal they deadlocked on accomodation and booze. How true is this? </p>
<p>The answer tof Speaker to the unlively question of YL member was equally simplistic.</p>
<p>Mqo</p>
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		<title>By: Mqo</title>
		<link>http://constitutionallyspeaking.co.za/curiouser-and-curiouser-2/#comment-7667</link>
		<dc:creator>Mqo</dc:creator>
		<pubDate>Thu, 30 Oct 2008 19:21:28 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=715#comment-7667</guid>
		<description>Dear Bloggers just to get off point; I have just come from a very lively and entertaining public debate with Tendai Biti, Secretary General of the M.D.C., having graced us for the Wolphe Memorial Lecture at U.K.Z.N. If that is the future of Zimbabwe I would here forth would like to declare that I am a proud ZIMBABWEAN. Everything was laid bare as to why the MDC signed the (bad) deal and their strategy. 

 The most entertaining comments he made were in reference to Thabo Mbeki, shocking the majority of South Africans in audience on his role in protecting Mugabe juxtaposing his policy of quiet diplomacy and his other African policies disgusted and dismayed the majority of South Africans in attendance on how they allowed such a person to be a President. I would have liked to relate to you his points of view, arguments and illustrations, but I realise that it’s inappropriate as the article above has more or less nothing to do with such. However I leave you with an example he gave when one ANC Youth member posed the question on why the MDC is perceived as a Western inspired party. He, inter alia, gave the example that they exists a generation gap and misunderstanding of the world of today and the world of yesterday in which various leaders, peoples and Africa academics view the world. If for instance you shout ‘mouse’ to Mugabe/Mbeki, their thoughts will be based on the kitchen ‘mouse’ that must be poisoned, on the other hand the later generation ( US! ) will think of a PC first. 

My apologies Prof but I could not control myself.</description>
		<content:encoded><![CDATA[<p>Dear Bloggers just to get off point; I have just come from a very lively and entertaining public debate with Tendai Biti, Secretary General of the M.D.C., having graced us for the Wolphe Memorial Lecture at U.K.Z.N. If that is the future of Zimbabwe I would here forth would like to declare that I am a proud ZIMBABWEAN. Everything was laid bare as to why the MDC signed the (bad) deal and their strategy. </p>
<p> The most entertaining comments he made were in reference to Thabo Mbeki, shocking the majority of South Africans in audience on his role in protecting Mugabe juxtaposing his policy of quiet diplomacy and his other African policies disgusted and dismayed the majority of South Africans in attendance on how they allowed such a person to be a President. I would have liked to relate to you his points of view, arguments and illustrations, but I realise that it’s inappropriate as the article above has more or less nothing to do with such. However I leave you with an example he gave when one ANC Youth member posed the question on why the MDC is perceived as a Western inspired party. He, inter alia, gave the example that they exists a generation gap and misunderstanding of the world of today and the world of yesterday in which various leaders, peoples and Africa academics view the world. If for instance you shout ‘mouse’ to Mugabe/Mbeki, their thoughts will be based on the kitchen ‘mouse’ that must be poisoned, on the other hand the later generation ( US! ) will think of a PC first. </p>
<p>My apologies Prof but I could not control myself.</p>
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		<title>By: Oscar</title>
		<link>http://constitutionallyspeaking.co.za/curiouser-and-curiouser-2/#comment-7666</link>
		<dc:creator>Oscar</dc:creator>
		<pubDate>Thu, 30 Oct 2008 19:00:04 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=715#comment-7666</guid>
		<description>If lindelani is an example of the legal fraternity  we are in more trouble than I realised.</description>
		<content:encoded><![CDATA[<p>If lindelani is an example of the legal fraternity  we are in more trouble than I realised.</p>
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		<title>By: z</title>
		<link>http://constitutionallyspeaking.co.za/curiouser-and-curiouser-2/#comment-7664</link>
		<dc:creator>z</dc:creator>
		<pubDate>Thu, 30 Oct 2008 17:46:06 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=715#comment-7664</guid>
		<description>Lindelani

Is real, an admitted young attorney. I can vouch for it, having contacted the appropriate legal fraternity.</description>
		<content:encoded><![CDATA[<p>Lindelani</p>
<p>Is real, an admitted young attorney. I can vouch for it, having contacted the appropriate legal fraternity.</p>
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		<title>By: Just Asking</title>
		<link>http://constitutionallyspeaking.co.za/curiouser-and-curiouser-2/#comment-7661</link>
		<dc:creator>Just Asking</dc:creator>
		<pubDate>Thu, 30 Oct 2008 16:30:32 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=715#comment-7661</guid>
		<description>I am deeply concerned for the legal profession in this country.  Judging by the type of responses on this blog I get the impression that certain people (apparently legally trained) are hell bent on a vengeful crusade - implying bias when it does not suit them, and spewing racist hatred.  If these are the future candidates in the profession, I have very little hope for our democracy.

Lindelani, as one example, if he is a real person, must be a Malema wannabe.  I have not yet come across someone so eagerly competing to be more idiotic than  the ANCYL president.

BTW Prof, I think you are spot on.  Firstly in stating that both sides&#039; positions are out in the public domain, and secondly for being able to unequivocally enter into a discourse about the merits or lack thereof.  I am astounded at the naivete of some to question the apparent &#039;bias&#039;.  If an academic were to always hedge his bets in the discourse, how will it be possible a) to further the discourse and b) flesh out the issues and c) further our education and knowledge.  Taking sides in the discourse is not the same as blind following a political leader.  What we have in the comments of some of the bloggers is a BUSH Doctrine -  &#039; you are with us or against us&#039;. We know where that led a great nation like the USA.

So I hope that firstly, we can have robust debate without the CHILDISH RUBBISH that is being spewed out by the likes of Lindelani, and secondly agree to deal with ideas and opinions with better ideas and opinions. 

In that regard, the comments as spoken by C Lewis must be seen in its context of furthering the debate on the preserving the integrity, honour and quality of the legal profession and especially the bench.  Some of the comments may be politically incorrect in our race sensitive environment, but in the end the sentiment is an early warning to stop the rot before we regret it later.</description>
		<content:encoded><![CDATA[<p>I am deeply concerned for the legal profession in this country.  Judging by the type of responses on this blog I get the impression that certain people (apparently legally trained) are hell bent on a vengeful crusade &#8211; implying bias when it does not suit them, and spewing racist hatred.  If these are the future candidates in the profession, I have very little hope for our democracy.</p>
<p>Lindelani, as one example, if he is a real person, must be a Malema wannabe.  I have not yet come across someone so eagerly competing to be more idiotic than  the ANCYL president.</p>
<p>BTW Prof, I think you are spot on.  Firstly in stating that both sides&#8217; positions are out in the public domain, and secondly for being able to unequivocally enter into a discourse about the merits or lack thereof.  I am astounded at the naivete of some to question the apparent &#8216;bias&#8217;.  If an academic were to always hedge his bets in the discourse, how will it be possible a) to further the discourse and b) flesh out the issues and c) further our education and knowledge.  Taking sides in the discourse is not the same as blind following a political leader.  What we have in the comments of some of the bloggers is a BUSH Doctrine &#8211;  &#8216; you are with us or against us&#8217;. We know where that led a great nation like the USA.</p>
<p>So I hope that firstly, we can have robust debate without the CHILDISH RUBBISH that is being spewed out by the likes of Lindelani, and secondly agree to deal with ideas and opinions with better ideas and opinions. </p>
<p>In that regard, the comments as spoken by C Lewis must be seen in its context of furthering the debate on the preserving the integrity, honour and quality of the legal profession and especially the bench.  Some of the comments may be politically incorrect in our race sensitive environment, but in the end the sentiment is an early warning to stop the rot before we regret it later.</p>
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		<title>By: Mqo</title>
		<link>http://constitutionallyspeaking.co.za/curiouser-and-curiouser-2/#comment-7658</link>
		<dc:creator>Mqo</dc:creator>
		<pubDate>Thu, 30 Oct 2008 14:49:28 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=715#comment-7658</guid>
		<description>@ Z
Yes I read the article. 
I understand that that my response may be vague or is been misunderstood. Right though I am not in a position to response to your comments as I have to attend a conference been addressed by one Tendai Biti (MDC Secretary-General). I respectfully budge.</description>
		<content:encoded><![CDATA[<p>@ Z<br />
Yes I read the article.<br />
I understand that that my response may be vague or is been misunderstood. Right though I am not in a position to response to your comments as I have to attend a conference been addressed by one Tendai Biti (MDC Secretary-General). I respectfully budge.</p>
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		<title>By: Bongs</title>
		<link>http://constitutionallyspeaking.co.za/curiouser-and-curiouser-2/#comment-7657</link>
		<dc:creator>Bongs</dc:creator>
		<pubDate>Thu, 30 Oct 2008 14:29:34 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=715#comment-7657</guid>
		<description>Prof, please scann and post Hlophe JP&#039;s papers!</description>
		<content:encoded><![CDATA[<p>Prof, please scann and post Hlophe JP&#8217;s papers!</p>
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		<title>By: Pierre De Vos</title>
		<link>http://constitutionallyspeaking.co.za/curiouser-and-curiouser-2/#comment-7656</link>
		<dc:creator>Pierre De Vos</dc:creator>
		<pubDate>Thu, 30 Oct 2008 14:09:41 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=715#comment-7656</guid>
		<description>Mqo, I do not understand your point. Are you saying the audi alteram partem rule applies to fairly expressed opinions by lawyers? Do you means one must disregard the undisputed facts? Are you saying a legal academic - after hearing all sides of a story - may not express an opinion about the undisputed facts or make a value judgment based on those facts? Are you saying we should disregard the facts because Hlophe has not personally explained himself to us (although he has explained himself through the media and in legal papers)? Are you saying one may never have an opinion as a lawyer that differs from that handed down by a court or another tribunal? Are you saying that a lawyer cannot avise his or her client about whether he or she has a winnable case unless that lawyer has given the opponent the opportunity to make personal representations? On any of these interpretations it would be impossible for me (or any lawyer) to do my job. I trade in ideas and opinions within the discipline of law and the Constitution. I sure hope that I am fair and I do not jump to conclusions based on unproven rumours. I have listed the proven FACTS above on which I base my opinion. What more do you require? You seem to say that is not allowed to have opinions about the outcome of cases based on the law before a court has spoken. That seems deeply anti-intellectual, anti-academic and, well, plain wacky and unworkable. It is audi alteram partem gone completely mad.</description>
		<content:encoded><![CDATA[<p>Mqo, I do not understand your point. Are you saying the audi alteram partem rule applies to fairly expressed opinions by lawyers? Do you means one must disregard the undisputed facts? Are you saying a legal academic &#8211; after hearing all sides of a story &#8211; may not express an opinion about the undisputed facts or make a value judgment based on those facts? Are you saying we should disregard the facts because Hlophe has not personally explained himself to us (although he has explained himself through the media and in legal papers)? Are you saying one may never have an opinion as a lawyer that differs from that handed down by a court or another tribunal? Are you saying that a lawyer cannot avise his or her client about whether he or she has a winnable case unless that lawyer has given the opponent the opportunity to make personal representations? On any of these interpretations it would be impossible for me (or any lawyer) to do my job. I trade in ideas and opinions within the discipline of law and the Constitution. I sure hope that I am fair and I do not jump to conclusions based on unproven rumours. I have listed the proven FACTS above on which I base my opinion. What more do you require? You seem to say that is not allowed to have opinions about the outcome of cases based on the law before a court has spoken. That seems deeply anti-intellectual, anti-academic and, well, plain wacky and unworkable. It is audi alteram partem gone completely mad.</p>
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