Comments on: JSC, Minister doth protest too much

By: PJ Mersna

PJ Mersna — Wed, 10 Feb 2010 17:33:14 +0000

I curently have a criminal record for a offence that i comitted 7 years ago. The offence was miner. prohibiting a police oficer from excecuting his duty. I pleaded guilty.

I want to aply for presedetial pardon to get this record of my name because I have difficuties procuring i job. I am also currently bussy to complete my LLB degree i would like to enter the legal field

CAN ANY ONE ADVICE ME HOW TO GO ABOUT IT TO GET THIS PARDON

By: StudentAB

StudentAB — Tue, 06 Oct 2009 15:26:15 +0000

Which legal principle/s dominate ?

When, in a matter, different legal principles support opposite
conclusions, what is the accepted heirarchy of dominance ?

Some legal principle of interest to me, in this connection are:

A. estoppel by representation – written agreement to increase the
delivery price for the valid reason given.

B. no esoppel can over-rule a statutory obligation of a government
department.

C. no re-aplication for the same relief, between the same parties,
may be considered, based on a new cause of action. I.e. all possible
causes of action must be brought at the first and only application.

D. The public interest.

—–
In a specific case:
- a supplier to Tshane council had written confirmation of an increase
in the delivery price, due to uncontrollable circumstances [like war],

- later Tshane council notified the supplier that the confirming letter
was ‘wrong’ and that he’s been over paid for several months as a
result of the public body’s wrong letter.

The Court found for the supplier, on grounds of estoppel by
representation.

But the [SCA 177/2006] appeal over ruled that on grounds of “the
confirming letter was void, because the public body had not followed
the law in sending the confirming letter”.

The case report mentions that the supplier “could have had relief
if he had brought an unjust enrichment application”. Is he now
precluded from bringing such an application, by principle
‘C’ above?

== TIA.

By: AliBama

AliBama — Tue, 06 Oct 2009 08:08:33 +0000

Because dumbed-down-blogs have displaced the well structured format of
usenet/groups I’m posting this somewhat OT here. In the call for papers
for remembering-Sharpville, I’d ask “is it another holohoax ?”.
–
When I was a piekenienie I was made to believe that the greatest atrocity
committed by humanity was the nazi holocaust. Later, when I discovered
that Stalin & Mao’s scores were higher, I resented being deceived.
–
The 50′s cowboys & indians movies, showed us how we civilized people had
to lager/corral ourselves against the attacks of the natives/apaches.
Later I saw this movie where the arabs [perhaps the Algerian conflict]
arranged a ‘peacefull’ demonstration [like Sharpville and their
leaders/provokers shot at the european ‘controllers’, deliberately to
provoke the contollers to open fire, and create an ‘historic event
masacre’ – like Sharpville. Remember that the international leftist
have always shared solidarity, ideas and tactics.
–
At the time of Sharpville, as a student in London, learning to become a
fierce Marxist, I couldn’t know the details of Sharpville; but I’m asking
myself, why is it not disclosed/discussed that during the Sharpville
event, the ‘surpressors called out their jet fighter plane/s”?
–
If it was a peacefull demonstsration, and not ‘the apaches massing to
massacre the cowboys’, why did they need to call out jet fighter/s ?
–
You can fool some of the people some of the time…

By: Alibama

Alibama — Sun, 04 Oct 2009 23:11:23 +0000

I’ve analysed the SCA: Mogami case pointed to from this blog, and make the
following observations – which are also related to the JSC debacle:–
—
The degeneration of the new-SA justice ‘industry’ which the world is
becoming aware of, eg. via the embarrassing transcript of Zuma’s CNN
interview, can’t be fixed only by cops-permission-to-shoot legislation.
—
The path to failed statehood is well documented, and some extracts of
an analysis of the Afghanistan situation are relevant:–
–
] REFORMING THE AFGHAN NATIONAL POLICE
]..A wealth of experience, gleaned
]from over thirty years of police reform and development, has
]not been sufficiently acknowledged in Afghanistan. Reform
]missions in El Salvador, Iraq, Timor-Leste, Sierra Leone and
]Kosovo provide important lessons which need to be digested
]for ANP transformation. …
—
]Effective policing requires an effective criminal justice sector.
—-
So how can SA ever fix the crime problem/(challenge when the
justice sector is getting more rotten, by the day ?!
—
]Noncriminal community disputes
]and minor crimes should be left to the traditional informal
]sector, with serious crimes assigned to the formal system.
—-
Perhaps the SA. traditional sector needs to be strengthened ?
But seperate [yes like APARTheid] to the formal/setlers/colonial
judicial system.
====================
Will some of you attorneys who read here comment on the press report
that: “Of the R11.1bn paid out in [road accident fund] claims, R7bn
was siphoned off by lawyers in the form of legal fees…R847 million
was spent on medical expenses, representing less than 8 percent of the
RAF’s total payout” ??

By: Michael

Michael — Sun, 04 Oct 2009 20:12:20 +0000

StudentAB, this is a fourth world blog, established mainly, but not exclusively, for mud-slinging.

By: Kiwi

Kiwi — Sat, 03 Oct 2009 21:04:54 +0000

I am not prepared to forgive Mr POLANSKI as he did nothing wrong.

By: studentAB

studentAB — Sat, 03 Oct 2009 11:36:16 +0000

I failed to post this message to Ngobeni’s blog, and I want an an:-
Lewis’s reported decision in S v Thebus, of condemning the accused for his
legitimate pre-trial silence, is clearly seriously unjust.
While searching for the judgment I came across the related civil matter
SCA 177/2006, which I’d like to discuss and ask some questions about, please.
Or is this forum only for mud-slinging? Will someone indicate if/that I’ll
get answer/s to serious/deep question/s, like it’s possible on first world
legal newsgroups?

By: Mikhaik Dworkin Fassbinder

Mikhaik Dworkin Fassbinder — Fri, 02 Oct 2009 10:42:38 +0000

King Zwakala is right.

Reason is a colonialist imposition. Intuition rules. (Did you know you have more nerve endings in your gut than in your brain?)

Let us love and praise Mr Zuma, who brought peace to Rwanda.

And, for God’s sake, let us now forgive Mr Polanski.

Respek!

By: Michael

Michael — Fri, 02 Oct 2009 10:26:30 +0000

Maggs, if this was no “race-based” fiasco, it seems odd that so many of the Hlophe supporters cast it precisely in terms of race; viz that “white” liberals were targeting him for heroically exposing white racism at the Bar, and that the CC judges who opposed him were “house negroes” etc.

Also, if the matter was not race based, it seemed odd that, so far as I know, not ONE white lawyer who spoke out supported Hlophe.

By: Maggs Naidu

Maggs Naidu — Fri, 02 Oct 2009 08:32:23 +0000

Thomas Blaser says:
October 2, 2009 at 9:17 am

I think the larger issue around Hlophe is that the government and the ANC leadership could not let go down a black high profile judge.
——————————————————————————————————–
I fail to see how this was a race based fiasco.

Consider that the JSC decision was a backhander to, even ridicule of, all the high profile justices (including our CJ designate) many of whom, if not most, are Black.