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	<title>Comments on: Incredible, ridiculous, dangerous</title>
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	<link>http://constitutionallyspeaking.co.za/incredible-ridiculous-dangerous/</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: Maggs Naidu</title>
		<link>http://constitutionallyspeaking.co.za/incredible-ridiculous-dangerous/#comment-19266</link>
		<dc:creator>Maggs Naidu</dc:creator>
		<pubDate>Mon, 21 Sep 2009 19:14:29 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1483#comment-19266</guid>
		<description>Michael says:
September 21, 2009 at 19:29 pm

:)</description>
		<content:encoded><![CDATA[<p>Michael says:<br />
September 21, 2009 at 19:29 pm</p>
<p> <img src='http://constitutionallyspeaking.co.za/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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		<title>By: Michael</title>
		<link>http://constitutionallyspeaking.co.za/incredible-ridiculous-dangerous/#comment-19259</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Mon, 21 Sep 2009 17:29:37 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1483#comment-19259</guid>
		<description>@ Maggs

Good of you to post the Ngobeni link

The problem is that poor Ngobeni has so discredited hiimself at this point that I would assume him to be wrong if he said the sky was blue.

(One of the smallest of his deceptions -- allowing himself to be billed as &quot;Dr&quot; on SABC, when it is public record that he has no such degree.    What is galling is that he really does not care about being caught out. There is not even redeeming shame.)</description>
		<content:encoded><![CDATA[<p>@ Maggs</p>
<p>Good of you to post the Ngobeni link</p>
<p>The problem is that poor Ngobeni has so discredited hiimself at this point that I would assume him to be wrong if he said the sky was blue.</p>
<p>(One of the smallest of his deceptions &#8212; allowing himself to be billed as &#8220;Dr&#8221; on SABC, when it is public record that he has no such degree.    What is galling is that he really does not care about being caught out. There is not even redeeming shame.)</p>
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		<title>By: Maggs Naidu</title>
		<link>http://constitutionallyspeaking.co.za/incredible-ridiculous-dangerous/#comment-19245</link>
		<dc:creator>Maggs Naidu</dc:creator>
		<pubDate>Mon, 21 Sep 2009 14:34:54 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1483#comment-19245</guid>
		<description>Michael says:
September 21, 2009 at 15:12 pm

Indeed - the Zuma matter establishes my point. What chance lesser mortals.

Here&#039;s more interesting reading http://www.thoughtleader.co.za/paulngobeni/2009/09/18/will-the-jsc-debunk-the-myth-of-white-judicial-competence/</description>
		<content:encoded><![CDATA[<p>Michael says:<br />
September 21, 2009 at 15:12 pm</p>
<p>Indeed &#8211; the Zuma matter establishes my point. What chance lesser mortals.</p>
<p>Here&#8217;s more interesting reading <a href="http://www.thoughtleader.co.za/paulngobeni/2009/09/18/will-the-jsc-debunk-the-myth-of-white-judicial-competence/" rel="nofollow">http://www.thoughtleader.co.za/paulngobeni/2009/09/18/will-the-jsc-debunk-the-myth-of-white-judicial-competence/</a></p>
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		<title>By: Michael</title>
		<link>http://constitutionallyspeaking.co.za/incredible-ridiculous-dangerous/#comment-19234</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Mon, 21 Sep 2009 13:12:14 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1483#comment-19234</guid>
		<description>Maggs, what many considered (rightly or wrongly) to be the most prominent &quot;well resourced&quot; criminal who recently got off the hook by using very good lawyers and great lobbying is none other than the leader of the governing party.

If that be so, I suppose your logic would dictate that Kemp J. Kemp never be appointed as a CC judge -- and not solely for the reason that he is a white male ...</description>
		<content:encoded><![CDATA[<p>Maggs, what many considered (rightly or wrongly) to be the most prominent &#8220;well resourced&#8221; criminal who recently got off the hook by using very good lawyers and great lobbying is none other than the leader of the governing party.</p>
<p>If that be so, I suppose your logic would dictate that Kemp J. Kemp never be appointed as a CC judge &#8212; and not solely for the reason that he is a white male &#8230;</p>
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		<title>By: Maggs Naidu</title>
		<link>http://constitutionallyspeaking.co.za/incredible-ridiculous-dangerous/#comment-19225</link>
		<dc:creator>Maggs Naidu</dc:creator>
		<pubDate>Mon, 21 Sep 2009 11:54:26 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1483#comment-19225</guid>
		<description>Michael Osborne says:
September 21, 2009 at 13:09 pm

Hmm - I must have said that in a way which possibly gave the opposite meaning.

Let&#039;s substitute criminals for &quot;adequately resourced criminals&quot;, arrrgghh  - let&#039;s just say rotters with money.</description>
		<content:encoded><![CDATA[<p>Michael Osborne says:<br />
September 21, 2009 at 13:09 pm</p>
<p>Hmm &#8211; I must have said that in a way which possibly gave the opposite meaning.</p>
<p>Let&#8217;s substitute criminals for &#8220;adequately resourced criminals&#8221;, arrrgghh  &#8211; let&#8217;s just say rotters with money.</p>
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		<title>By: Michael Osborne</title>
		<link>http://constitutionallyspeaking.co.za/incredible-ridiculous-dangerous/#comment-19223</link>
		<dc:creator>Michael Osborne</dc:creator>
		<pubDate>Mon, 21 Sep 2009 11:09:48 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1483#comment-19223</guid>
		<description>@ Maggs

Maggs, the tens of thousands of indigent defendants who are convicted every year in Magistrates Courts, very often without the benefit of proper counsel, would be surprised to learn from you that the justice system &quot;leans in [their] direction.&quot;</description>
		<content:encoded><![CDATA[<p>@ Maggs</p>
<p>Maggs, the tens of thousands of indigent defendants who are convicted every year in Magistrates Courts, very often without the benefit of proper counsel, would be surprised to learn from you that the justice system &#8220;leans in [their] direction.&#8221;</p>
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		<title>By: Maggs Naidu</title>
		<link>http://constitutionallyspeaking.co.za/incredible-ridiculous-dangerous/#comment-19222</link>
		<dc:creator>Maggs Naidu</dc:creator>
		<pubDate>Mon, 21 Sep 2009 09:57:56 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1483#comment-19222</guid>
		<description>Mikhail Dworkin Fassbinder says:
September 21, 2009 at 11:05 am

Good for Judge Malan if he gets appointed.

That aside, I would be much happier if Judge Theron gets appointed - we need desperately to have judges who are victim centered.

I initially thought your analogy with the pilots was silly, it now takes a different slant. Practice over and over and over through the many years makes pilots act instinctively - that makes a difference between people becoming daisy pushers or living to fly another day.

Lawyers with the vast experience that you are looking for in judges, day in and day out are defending mainly criminals and or the rich and/or powerful. It&#039;s unsurprising then that our justice system leans in that direction.

@ Kameraad Mhambi - thanks for the Achmat update.</description>
		<content:encoded><![CDATA[<p>Mikhail Dworkin Fassbinder says:<br />
September 21, 2009 at 11:05 am</p>
<p>Good for Judge Malan if he gets appointed.</p>
<p>That aside, I would be much happier if Judge Theron gets appointed &#8211; we need desperately to have judges who are victim centered.</p>
<p>I initially thought your analogy with the pilots was silly, it now takes a different slant. Practice over and over and over through the many years makes pilots act instinctively &#8211; that makes a difference between people becoming daisy pushers or living to fly another day.</p>
<p>Lawyers with the vast experience that you are looking for in judges, day in and day out are defending mainly criminals and or the rich and/or powerful. It&#8217;s unsurprising then that our justice system leans in that direction.</p>
<p>@ Kameraad Mhambi &#8211; thanks for the Achmat update.</p>
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		<title>By: Kameraad Mhambi</title>
		<link>http://constitutionallyspeaking.co.za/incredible-ridiculous-dangerous/#comment-19221</link>
		<dc:creator>Kameraad Mhambi</dc:creator>
		<pubDate>Mon, 21 Sep 2009 09:21:51 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1483#comment-19221</guid>
		<description>Have you seen what Zachie Achmat has said?

http://mhambi.com/2009/09/jsc-and-achmat-judgement-on-judge-hlophe/</description>
		<content:encoded><![CDATA[<p>Have you seen what Zachie Achmat has said?</p>
<p><a href="http://mhambi.com/2009/09/jsc-and-achmat-judgement-on-judge-hlophe/" rel="nofollow">http://mhambi.com/2009/09/jsc-and-achmat-judgement-on-judge-hlophe/</a></p>
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		<title>By: Mikhail Dworkin Fassbinder</title>
		<link>http://constitutionallyspeaking.co.za/incredible-ridiculous-dangerous/#comment-19220</link>
		<dc:creator>Mikhail Dworkin Fassbinder</dc:creator>
		<pubDate>Mon, 21 Sep 2009 09:05:05 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1483#comment-19220</guid>
		<description>@ Maggs

Some sad news for those of us who firmly grasp the need for racially-based transformation of the bench.

Judge Cachalia -- a man from struggle nobility -- tells the JSC on Sunday he does not care what the colour of a Judge&#039;s skin is, so long as he is fair.

Now it is reported that Judge Mapati, the black (!) judge who heads the Supreme Court of Appeals, resisted the demands of racial nationalists on the JSC that a white judge, Franz Malan, not be appointed. 

According to the M&amp;G, Mapati told the Black Lawyers Association that he needed a judge who was an experienced specialist in banking law, and Malan J was the best.

What a slap in the face for those of us who know very well that &quot;experience&quot; is just an excuse to exclude black judges!</description>
		<content:encoded><![CDATA[<p>@ Maggs</p>
<p>Some sad news for those of us who firmly grasp the need for racially-based transformation of the bench.</p>
<p>Judge Cachalia &#8212; a man from struggle nobility &#8212; tells the JSC on Sunday he does not care what the colour of a Judge&#8217;s skin is, so long as he is fair.</p>
<p>Now it is reported that Judge Mapati, the black (!) judge who heads the Supreme Court of Appeals, resisted the demands of racial nationalists on the JSC that a white judge, Franz Malan, not be appointed. </p>
<p>According to the M&amp;G, Mapati told the Black Lawyers Association that he needed a judge who was an experienced specialist in banking law, and Malan J was the best.</p>
<p>What a slap in the face for those of us who know very well that &#8220;experience&#8221; is just an excuse to exclude black judges!</p>
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		<title>By: Tatera</title>
		<link>http://constitutionallyspeaking.co.za/incredible-ridiculous-dangerous/#comment-19219</link>
		<dc:creator>Tatera</dc:creator>
		<pubDate>Mon, 21 Sep 2009 08:40:11 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1483#comment-19219</guid>
		<description>Harold Ferwood says: 
September 21, 2009 at 9:46 am
“I do not think it is fully understood how colonialism (and in the South African context, Apartheid) stunted natural cultural/social evolution.”

You cannot stunt evolution you can only change its direction.</description>
		<content:encoded><![CDATA[<p>Harold Ferwood says:<br />
September 21, 2009 at 9:46 am<br />
“I do not think it is fully understood how colonialism (and in the South African context, Apartheid) stunted natural cultural/social evolution.”</p>
<p>You cannot stunt evolution you can only change its direction.</p>
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