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	<title>Comments on: Has Ngcuka blown the Zuma case?</title>
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	<link>http://constitutionallyspeaking.co.za/has-ngcuka-blown-the-zuma-case/</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: The Big Slipper</title>
		<link>http://constitutionallyspeaking.co.za/has-ngcuka-blown-the-zuma-case/#comment-10862</link>
		<dc:creator>The Big Slipper</dc:creator>
		<pubDate>Wed, 28 Jan 2009 22:16:56 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=773#comment-10862</guid>
		<description>Sorry...the bottom of YOUR (not our) statement...damn typos...</description>
		<content:encoded><![CDATA[<p>Sorry&#8230;the bottom of YOUR (not our) statement&#8230;damn typos&#8230;</p>
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		<title>By: The Big Slipper</title>
		<link>http://constitutionallyspeaking.co.za/has-ngcuka-blown-the-zuma-case/#comment-10861</link>
		<dc:creator>The Big Slipper</dc:creator>
		<pubDate>Wed, 28 Jan 2009 22:16:35 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=773#comment-10861</guid>
		<description>Lol, that &#039;brilliantly argued mishmas of convoluted and confused balderdash&#039; is actually the law as I understand it...although the element of intention is also critical. Although it&#039;s a bit of a stretch to say that Zuma was blatantly unaware that this was a bribe, based on what I&#039;ve seen in the way of evidence being offered, presuming that it holds up.

So Ozone what you&#039;re saying is that the law is confused balderdash, if I can get to the bottom of our somewhat contradictory (in terms of english) statement?</description>
		<content:encoded><![CDATA[<p>Lol, that &#8216;brilliantly argued mishmas of convoluted and confused balderdash&#8217; is actually the law as I understand it&#8230;although the element of intention is also critical. Although it&#8217;s a bit of a stretch to say that Zuma was blatantly unaware that this was a bribe, based on what I&#8217;ve seen in the way of evidence being offered, presuming that it holds up.</p>
<p>So Ozone what you&#8217;re saying is that the law is confused balderdash, if I can get to the bottom of our somewhat contradictory (in terms of english) statement?</p>
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		<title>By: ozoneblue</title>
		<link>http://constitutionallyspeaking.co.za/has-ngcuka-blown-the-zuma-case/#comment-10860</link>
		<dc:creator>ozoneblue</dc:creator>
		<pubDate>Wed, 28 Jan 2009 19:19:20 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=773#comment-10860</guid>
		<description>Garg Unzola  // Jan 28, 2009 at 8:29 pm  

Right on Garg. That brilliantly argued mishmash of convoluted and confused balderdash succinctly  summarizes what PdV and the anti-ANC bloggers here are trying to say.</description>
		<content:encoded><![CDATA[<p>Garg Unzola  // Jan 28, 2009 at 8:29 pm  </p>
<p>Right on Garg. That brilliantly argued mishmash of convoluted and confused balderdash succinctly  summarizes what PdV and the anti-ANC bloggers here are trying to say.</p>
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		<title>By: Garg Unzola</title>
		<link>http://constitutionallyspeaking.co.za/has-ngcuka-blown-the-zuma-case/#comment-10857</link>
		<dc:creator>Garg Unzola</dc:creator>
		<pubDate>Wed, 28 Jan 2009 18:29:13 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=773#comment-10857</guid>
		<description>The way I understand it is that bribery is a bilateral crime. This means it involves someone taking the bribe and someone paying the bribe. If one party is guilty, the other party is automatically guilty (someone with legal know-how please correct me). Thus, Zuma is already guilty of accepting a bribe. From reading the Shaik rulling, I gathered that the courts now have to decide Zuma&#039;s state of mind. The way I understand it is that state of mind here refers to whether Zuma knew he was being bribed in order to use his influence to Shaik&#039;s advantage.

In other words, he&#039;d be more guilty if he knew about the half a million a year and the fact that the money came from tenders who weren&#039;t meant to get the tender but now suddenly appeared on the short list. He&#039;s already guilty of being bribed, but he might be less guilty if the courts found that he did not act the way Shaik wanted him to, for instance.

Is my interpretation correct?</description>
		<content:encoded><![CDATA[<p>The way I understand it is that bribery is a bilateral crime. This means it involves someone taking the bribe and someone paying the bribe. If one party is guilty, the other party is automatically guilty (someone with legal know-how please correct me). Thus, Zuma is already guilty of accepting a bribe. From reading the Shaik rulling, I gathered that the courts now have to decide Zuma&#8217;s state of mind. The way I understand it is that state of mind here refers to whether Zuma knew he was being bribed in order to use his influence to Shaik&#8217;s advantage.</p>
<p>In other words, he&#8217;d be more guilty if he knew about the half a million a year and the fact that the money came from tenders who weren&#8217;t meant to get the tender but now suddenly appeared on the short list. He&#8217;s already guilty of being bribed, but he might be less guilty if the courts found that he did not act the way Shaik wanted him to, for instance.</p>
<p>Is my interpretation correct?</p>
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		<title>By: ozoneblue</title>
		<link>http://constitutionallyspeaking.co.za/has-ngcuka-blown-the-zuma-case/#comment-10852</link>
		<dc:creator>ozoneblue</dc:creator>
		<pubDate>Wed, 28 Jan 2009 16:55:25 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=773#comment-10852</guid>
		<description>Ok - my last comment is awaiting moderation ?</description>
		<content:encoded><![CDATA[<p>Ok &#8211; my last comment is awaiting moderation ?</p>
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		<title>By: ozoneblue</title>
		<link>http://constitutionallyspeaking.co.za/has-ngcuka-blown-the-zuma-case/#comment-10851</link>
		<dc:creator>ozoneblue</dc:creator>
		<pubDate>Wed, 28 Jan 2009 16:51:51 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=773#comment-10851</guid>
		<description>Pierre De Vos  // Jan 28, 2009 at 5:24 pm  

I guess you didn&#039;t read my line of reasoning in context of  Anonymouse  // Jan 28, 2009 at 2:01 pm  then. 

I&#039;m trying to speculate on what the judges meant by Zuma&#039;s &quot;state of mind&quot;. All I get back on this thread is reactionary, politically motivated  rubbish since everybody has apparently already made up their minds that Zuma is guilty of corruption.</description>
		<content:encoded><![CDATA[<p>Pierre De Vos  // Jan 28, 2009 at 5:24 pm  </p>
<p>I guess you didn&#8217;t read my line of reasoning in context of  Anonymouse  // Jan 28, 2009 at 2:01 pm  then. </p>
<p>I&#8217;m trying to speculate on what the judges meant by Zuma&#8217;s &#8220;state of mind&#8221;. All I get back on this thread is reactionary, politically motivated  rubbish since everybody has apparently already made up their minds that Zuma is guilty of corruption.</p>
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		<title>By: Pierre De Vos</title>
		<link>http://constitutionallyspeaking.co.za/has-ngcuka-blown-the-zuma-case/#comment-10848</link>
		<dc:creator>Pierre De Vos</dc:creator>
		<pubDate>Wed, 28 Jan 2009 15:24:59 +0000</pubDate>
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		<description>Ozoneblue, I am sorry to say but your line of reasoning is warped. It shows a very tenuous grasp of ethics as you are saying: others did worse so my man must be excused. It&#039;s like a student saying: yes I did cheat in the exam, but other students cheated in more than one exam and they were not caught so it is unfair for me to be expelled from the University. No, it is not unfair that the student be punished for cheating. it is unfair that others are not being punished. the unfairness is not to Zuma, it is towards the nation who demands that others also are prosecuted if they did anything worng. Zuma has not suffered any unfairness - we as the voters and the tax payers have.  This surely must be the standard of public morality we espouse? If not, why not?</description>
		<content:encoded><![CDATA[<p>Ozoneblue, I am sorry to say but your line of reasoning is warped. It shows a very tenuous grasp of ethics as you are saying: others did worse so my man must be excused. It&#8217;s like a student saying: yes I did cheat in the exam, but other students cheated in more than one exam and they were not caught so it is unfair for me to be expelled from the University. No, it is not unfair that the student be punished for cheating. it is unfair that others are not being punished. the unfairness is not to Zuma, it is towards the nation who demands that others also are prosecuted if they did anything worng. Zuma has not suffered any unfairness &#8211; we as the voters and the tax payers have.  This surely must be the standard of public morality we espouse? If not, why not?</p>
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		<title>By: Anonymouse</title>
		<link>http://constitutionallyspeaking.co.za/has-ngcuka-blown-the-zuma-case/#comment-10846</link>
		<dc:creator>Anonymouse</dc:creator>
		<pubDate>Wed, 28 Jan 2009 15:12:15 +0000</pubDate>
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		<description>Hell, and if I knew Nelson Mandela was that corrupt, I would never have voted for him. But no, the payments did not go to Madiba, but to his children&#039;s fund; and to Graca&#039;s Foundation (at least the two did not need - or is that &#039;greed&#039; - like Jacob Zuma did); and to the ANC. More reason not to vote for the ANC - the whole organization is corrupt. Where does a fish start rotting?</description>
		<content:encoded><![CDATA[<p>Hell, and if I knew Nelson Mandela was that corrupt, I would never have voted for him. But no, the payments did not go to Madiba, but to his children&#8217;s fund; and to Graca&#8217;s Foundation (at least the two did not need &#8211; or is that &#8216;greed&#8217; &#8211; like Jacob Zuma did); and to the ANC. More reason not to vote for the ANC &#8211; the whole organization is corrupt. Where does a fish start rotting?</p>
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		<title>By: Anonymouse</title>
		<link>http://constitutionallyspeaking.co.za/has-ngcuka-blown-the-zuma-case/#comment-10845</link>
		<dc:creator>Anonymouse</dc:creator>
		<pubDate>Wed, 28 Jan 2009 15:04:39 +0000</pubDate>
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		<description>Ozoneblue - Oh, now I get it, because he needed money, and because other got away with it, he should also be allowed to get away.

As for the &#039;we&#039; being the bitter minority who have enriched themselves through apartheid. I was never one of those who were enriched. Neither were those who at the time, even today, after three spells of ANC rule,  did or do not have the luxury of running water. But the leaders who went to gaol, they, well they&#039;re something else, they need interest free loans to foot their private bills, but the poor beggar in the townships, who ave to steal for a living, must wonder where he will get his next bite to eat. And that, you call morality!</description>
		<content:encoded><![CDATA[<p>Ozoneblue &#8211; Oh, now I get it, because he needed money, and because other got away with it, he should also be allowed to get away.</p>
<p>As for the &#8216;we&#8217; being the bitter minority who have enriched themselves through apartheid. I was never one of those who were enriched. Neither were those who at the time, even today, after three spells of ANC rule,  did or do not have the luxury of running water. But the leaders who went to gaol, they, well they&#8217;re something else, they need interest free loans to foot their private bills, but the poor beggar in the townships, who ave to steal for a living, must wonder where he will get his next bite to eat. And that, you call morality!</p>
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		<title>By: chris mcdaniel</title>
		<link>http://constitutionallyspeaking.co.za/has-ngcuka-blown-the-zuma-case/#comment-10844</link>
		<dc:creator>chris mcdaniel</dc:creator>
		<pubDate>Wed, 28 Jan 2009 14:46:59 +0000</pubDate>
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		<description>Ozoneblue damnit your all over the place, seriuosly ur wobbling out abit,</description>
		<content:encoded><![CDATA[<p>Ozoneblue damnit your all over the place, seriuosly ur wobbling out abit,</p>
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