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	<title>Comments on: &#8220;I did have national security with that man&#8221;</title>
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	<link>http://constitutionallyspeaking.co.za/i-did-have-national-security-with-that-man/</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: Sne</title>
		<link>http://constitutionallyspeaking.co.za/i-did-have-national-security-with-that-man/#comment-14555</link>
		<dc:creator>Sne</dc:creator>
		<pubDate>Sat, 23 May 2009 10:39:49 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1047#comment-14555</guid>
		<description>Mouse,

That is one of the most difficult sentences I have ever had to write in my life. I believe the lesson I must learn is that I must always remember that we are all human.</description>
		<content:encoded><![CDATA[<p>Mouse,</p>
<p>That is one of the most difficult sentences I have ever had to write in my life. I believe the lesson I must learn is that I must always remember that we are all human.</p>
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		<title>By: Anonymouse</title>
		<link>http://constitutionallyspeaking.co.za/i-did-have-national-security-with-that-man/#comment-14523</link>
		<dc:creator>Anonymouse</dc:creator>
		<pubDate>Fri, 22 May 2009 12:02:31 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1047#comment-14523</guid>
		<description>Sne - I cannot but agree (Khosi - you hear?!)</description>
		<content:encoded><![CDATA[<p>Sne &#8211; I cannot but agree (Khosi &#8211; you hear?!)</p>
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		<title>By: Sne</title>
		<link>http://constitutionallyspeaking.co.za/i-did-have-national-security-with-that-man/#comment-14522</link>
		<dc:creator>Sne</dc:creator>
		<pubDate>Fri, 22 May 2009 11:32:15 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1047#comment-14522</guid>
		<description>After reading all those affidavits relating to the matter, I cannot but conclude that Mbeki is a blatant liar!</description>
		<content:encoded><![CDATA[<p>After reading all those affidavits relating to the matter, I cannot but conclude that Mbeki is a blatant liar!</p>
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		<title>By: Garg</title>
		<link>http://constitutionallyspeaking.co.za/i-did-have-national-security-with-that-man/#comment-14383</link>
		<dc:creator>Garg</dc:creator>
		<pubDate>Mon, 18 May 2009 18:53:39 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1047#comment-14383</guid>
		<description>MFB:
Questioning motives is a logical fallacy. It does not matter whether the prof has voodoo dolls of Thabo Mbeki. If you can&#039;t formulate an argument based on the constitution that counters the prof, then those of us who are not lawyers but who are here to find out about constitutional law would appreciate it if you met with the prof behind the bikeshed so you could kick each other in the balls and settle your little ad hominem tussle.

I for one will always think of the ANC as a bunch of terrorists who planted bombs in Wimpy. Just like most of the ANC will always think of pale males as the oppressors of apartheid. Now that&#039;s real progress!

By the way, the very last thing Zuma and co want is for the truth to prevail. Can you say encrypted fax?</description>
		<content:encoded><![CDATA[<p>MFB:<br />
Questioning motives is a logical fallacy. It does not matter whether the prof has voodoo dolls of Thabo Mbeki. If you can&#8217;t formulate an argument based on the constitution that counters the prof, then those of us who are not lawyers but who are here to find out about constitutional law would appreciate it if you met with the prof behind the bikeshed so you could kick each other in the balls and settle your little ad hominem tussle.</p>
<p>I for one will always think of the ANC as a bunch of terrorists who planted bombs in Wimpy. Just like most of the ANC will always think of pale males as the oppressors of apartheid. Now that&#8217;s real progress!</p>
<p>By the way, the very last thing Zuma and co want is for the truth to prevail. Can you say encrypted fax?</p>
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		<title>By: Samantha</title>
		<link>http://constitutionallyspeaking.co.za/i-did-have-national-security-with-that-man/#comment-14375</link>
		<dc:creator>Samantha</dc:creator>
		<pubDate>Mon, 18 May 2009 12:35:40 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1047#comment-14375</guid>
		<description>I am not a legal person, so this question may appear to be a little stupid, but surely if a party to an action is given a deadline by which to respond to something, they should do so?  Or is it okay to just wait until the deadline passes and then contend that it is in the interests of justice to be heard, despite missing the deadline?

I refer to the Gerrie Nel case to which Garg directed us.  The police are now asking to be heard, despite missing the deadline, because they do not want to pay the R 300 000 he is asking in damages and that it would be in the interests of justice.  

To my way of thinking, giving them the opportunity to be heard is not in the interests of justice.  They chose not to act within the required time constraints and now all parties must once again convene to make representations on whether they should be heard anyway.  And all of this at taxpayers&#039; expense.

We spend so much time debating disregard of the Rule of Law of our senior leaders, and yet it appears that the &quot;rules&quot; of law are being infringed constantly at all levels.</description>
		<content:encoded><![CDATA[<p>I am not a legal person, so this question may appear to be a little stupid, but surely if a party to an action is given a deadline by which to respond to something, they should do so?  Or is it okay to just wait until the deadline passes and then contend that it is in the interests of justice to be heard, despite missing the deadline?</p>
<p>I refer to the Gerrie Nel case to which Garg directed us.  The police are now asking to be heard, despite missing the deadline, because they do not want to pay the R 300 000 he is asking in damages and that it would be in the interests of justice.  </p>
<p>To my way of thinking, giving them the opportunity to be heard is not in the interests of justice.  They chose not to act within the required time constraints and now all parties must once again convene to make representations on whether they should be heard anyway.  And all of this at taxpayers&#8217; expense.</p>
<p>We spend so much time debating disregard of the Rule of Law of our senior leaders, and yet it appears that the &#8220;rules&#8221; of law are being infringed constantly at all levels.</p>
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		<title>By: MFB</title>
		<link>http://constitutionallyspeaking.co.za/i-did-have-national-security-with-that-man/#comment-14371</link>
		<dc:creator>MFB</dc:creator>
		<pubDate>Mon, 18 May 2009 12:10:23 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1047#comment-14371</guid>
		<description>Well, I find Mbeki&#039;s affidavit quite convincing. I wouldn&#039;t have quite known what to do myself, with Pikoli going after Selebi (without any particular evidence, I notice). I&#039;d have suspected that Pikoli was Zuma&#039;s man at the time (of course, this has become increasingly obvious, which is why Pikoli will probably eventually be Zuma&#039;s boss of the NPA).

I don&#039;t think anyone, however, should expect any sense out of the Prof. in any article talking about Thabo Mbeki. He hates the ex-President with an even greater passion than most white South Africans do -- and that&#039;s saying a great deal. So it&#039;s impossible for the Prof. to comprehend that Pikoli is corrupt and that, in this case, I&#039;m confident that Mbeki is right.

Though, if he is, the truth will not prevail. Zuma and company will see to that.</description>
		<content:encoded><![CDATA[<p>Well, I find Mbeki&#8217;s affidavit quite convincing. I wouldn&#8217;t have quite known what to do myself, with Pikoli going after Selebi (without any particular evidence, I notice). I&#8217;d have suspected that Pikoli was Zuma&#8217;s man at the time (of course, this has become increasingly obvious, which is why Pikoli will probably eventually be Zuma&#8217;s boss of the NPA).</p>
<p>I don&#8217;t think anyone, however, should expect any sense out of the Prof. in any article talking about Thabo Mbeki. He hates the ex-President with an even greater passion than most white South Africans do &#8212; and that&#8217;s saying a great deal. So it&#8217;s impossible for the Prof. to comprehend that Pikoli is corrupt and that, in this case, I&#8217;m confident that Mbeki is right.</p>
<p>Though, if he is, the truth will not prevail. Zuma and company will see to that.</p>
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		<title>By: Garg Unzola</title>
		<link>http://constitutionallyspeaking.co.za/i-did-have-national-security-with-that-man/#comment-14366</link>
		<dc:creator>Garg Unzola</dc:creator>
		<pubDate>Mon, 18 May 2009 09:26:12 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1047#comment-14366</guid>
		<description>And this just in:

http://www.iol.co.za/index.php?set_id=1&amp;click_id=13&amp;art_id=vn20090518055916968C741608

Gerrie Nel is suing for wrongful arrest.</description>
		<content:encoded><![CDATA[<p>And this just in:</p>
<p><a href="http://www.iol.co.za/index.php?set_id=1&#038;click_id=13&#038;art_id=vn20090518055916968C741608" rel="nofollow">http://www.iol.co.za/index.php?set_id=1&#038;click_id=13&#038;art_id=vn20090518055916968C741608</a></p>
<p>Gerrie Nel is suing for wrongful arrest.</p>
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		<title>By: nkululeko</title>
		<link>http://constitutionallyspeaking.co.za/i-did-have-national-security-with-that-man/#comment-14361</link>
		<dc:creator>nkululeko</dc:creator>
		<pubDate>Mon, 18 May 2009 06:16:59 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1047#comment-14361</guid>
		<description>I must say that I still don&#039;t understand how advocating that Selebi not be arrested can be because there would be a scuffle between the SAPS and Scorpions. If there is a warrant of arrest its breaking the law to evade such arrest. A law enforcement officer or agent CANNOT wilfully break the law. So, Zuma&#039;s bodyguards - who seemingly had greater allegiance to Zuma than the law - were clearly acting outside of their actual mandate. I had always assumed that where there are differing approaches between Metro pilice and SAPS, that the SAPS had greater authority unless a national and influencial body made a decision that favours the Metro police.</description>
		<content:encoded><![CDATA[<p>I must say that I still don&#8217;t understand how advocating that Selebi not be arrested can be because there would be a scuffle between the SAPS and Scorpions. If there is a warrant of arrest its breaking the law to evade such arrest. A law enforcement officer or agent CANNOT wilfully break the law. So, Zuma&#8217;s bodyguards &#8211; who seemingly had greater allegiance to Zuma than the law &#8211; were clearly acting outside of their actual mandate. I had always assumed that where there are differing approaches between Metro pilice and SAPS, that the SAPS had greater authority unless a national and influencial body made a decision that favours the Metro police.</p>
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		<title>By: Jacky Selebi</title>
		<link>http://constitutionallyspeaking.co.za/i-did-have-national-security-with-that-man/#comment-14358</link>
		<dc:creator>Jacky Selebi</dc:creator>
		<pubDate>Sun, 17 May 2009 17:51:15 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1047#comment-14358</guid>
		<description>I must say &quot;Khosi&quot; has a lot of time on his hands!</description>
		<content:encoded><![CDATA[<p>I must say &#8220;Khosi&#8221; has a lot of time on his hands!</p>
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		<title>By: khosi</title>
		<link>http://constitutionallyspeaking.co.za/i-did-have-national-security-with-that-man/#comment-14351</link>
		<dc:creator>khosi</dc:creator>
		<pubDate>Sat, 16 May 2009 10:28:14 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1047#comment-14351</guid>
		<description>Well, Pierre I do not know if Mbeki thought that SAPS was an organized crime syndicate. I doubt that to be so.

What we do know, is that, the person that is the former national commissioner of the police is accused of having links to organized crime. He even admitted to this when he made that now legendary &#039;Agliotti is my friend, finish and klaar&#039; remark. Obviously, its the nature of these links that is under dispute.

My 2 cents is that the president did not find it beyond the realms of possibility that the confrontation he feared could further be fueled by these very links to organized crime, as the national security council MAY have given him a depressing picture on the links between organized crime and the police (both groups are well armed). 

So even in that sentence, alone, national security considerations carry a lot weight.</description>
		<content:encoded><![CDATA[<p>Well, Pierre I do not know if Mbeki thought that SAPS was an organized crime syndicate. I doubt that to be so.</p>
<p>What we do know, is that, the person that is the former national commissioner of the police is accused of having links to organized crime. He even admitted to this when he made that now legendary &#8216;Agliotti is my friend, finish and klaar&#8217; remark. Obviously, its the nature of these links that is under dispute.</p>
<p>My 2 cents is that the president did not find it beyond the realms of possibility that the confrontation he feared could further be fueled by these very links to organized crime, as the national security council MAY have given him a depressing picture on the links between organized crime and the police (both groups are well armed). </p>
<p>So even in that sentence, alone, national security considerations carry a lot weight.</p>
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