Constitutional Hill

Judicial appointments: The JSC’s transformation problem

When the Judicial Service Commission (JSC) interviews candidates for appointment to various courts, many of its members seem to be passionate about its mandate to promote transformation within the judiciary. But this appears to be a rather narrow and stunted passion, often focusing on the replacement of old guard (white) patriarchs, with new order (white and black) patriarchs. Changing the racial aesthetics of the judiciary (within limits) often seems to take precedence over the need to change the prevalent legal culture, a culture which allowed most apartheid-era judges to claim that their job was merely to apply the law — no matter how unjust, racist or oppressive — in a “neutral”, “objective” and “impartial” manner. The way in which the JSC is currently dealing with the filling of a vacancy on the Constitutional Court, does nothing to challenge this impression.

The Constitutional Court is an important institution with immense powers. It can declare invalid Acts passed by the democratically elected Parliament. It can also nullify the unlawful or unconstitutional actions performed by the President. The judges are not elected. They earn their legitimacy and authority from the cogency, dynamism and logic of their judgments as well as their ability to marry a certain pragmatic respect for the separation of powers doctrine with a willingness to make principled decisions not swayed by the political pressures exerted on them by unscrupulous politicians and powerful business lobbyists. This is not an easy task, but it is made more difficult when more than 50% of the population is not adequately represented on the Court.

Currently, only two of the eleven judges on the Constitutional Court are women. For a while there were three women on the Court, but in our patriarchal society it is no surprise that this state of affairs did not last.

For the latest appointment the JSC shortlisted five candidates for interviews — all five of them male. The list is not particularly inspiring — except, perhaps, if one is a patriarchal traditionalist with strong views about the purity of the common law and the limited role judges should play in interpreting the Constitution and the law. If on believes that Constitutional Court judges have an important role to play in the promotion of a progressive, transformative, vision of society through their interpretation of the Constitution and their development of the common law and customary law, the shortlist of nominees may not inspire or excite.

Judges Selby Baqwa; Lebotsang Bosielo; and Brian Spilg are all competent lawyers, but none of these judges have (as far as I can tell) demonstrated any progressive streak or deep insight into the ways in which our legal culture could and should be transformed. Advocates Jeremy Gauntlett and Mbuyiseli Madlanga are both good advocates, but I suspect they suffer from the same deficit than the nominated judges: a lack of legal imagination and daring and a lack of enthusiasm for the transformation of the legal system.

Surely, we should appoint more judges who will use their considerable legal skills to develop and mould the common law and customary law legal rules to ensure that these rules do not disproportionately benefit the powerful and the well-connected inside government, in big business and within the traditional leadership structures? Can we really say that a legal system is fair when most people cannot afford to employ the services of even a mediocre lawyer and when most judges do not subject legal rules to sustained ideological questioning, even when these rules often tend to benefit those who can afford to pay R20 million for a Buffalo or for the services of a team of highly paid advocates? And how many of the shortlisted candidates have a deep commitment to feminism and insight into the manner in which seemingly neutral legal rules often promote the interests of men (and male domination) in our society?

Sadly, I am not sure that either the JSC or President Jacob Zuma will take into account such issues during the appointments process. The Constitution prescribes a different process for the appointment of Constitutional Court judges than for the appointment of other High Court or Supreme Court of Appeal (SCA) judges. The JSC has the final say on the appointment of ordinary judges. But when a vacancy occurs on the Constitutional Court, the JSC must conduct interviews and then prepare a list of nominees with three names more than the number of appointments to be made, and submit the list to the President. When there is one vacancy — as there is now — the JSC must therefore submit a list of four names to the President. The President can then appoint one of the four candidates nominated by the JSC after consulting the Chief Justice and the leaders of parties represented in the National Assembly.

During the previous round of appointments, the list of four names included one excellent woman candidate. However, President Zuma appointed a (legally) more conservative male above a (legally) more progressive woman candidate. Not that this came as a surprise: the President was merely exercising his political discretion in accordance with his own ideological disposition, choosing a male judge that would not push for radical legal transformation above a female judge who might have been slightly more progressive.

I am, of course, not arguing that women candidates for appointment to the judiciary will always be more progressive or more prepared to pursue a vigorous transformative agenda than male judges. Just as Margaret Thatcher had shown that a woman Prime Minister could be even more reactionary and bigoted than her male contemporaries, so the extra curial writing of judge Carol Lewis have demonstrated that a female judge on the SCA will not necessarily be more enthusiastic about judicial transformation (in either the narrow or broader sense) than her male counterparts.

There are two issues at stake here. The first is about the constitutional injunction that when making judicial appointments the need for the judiciary broadly to reflect the racial and gender composition of South Africa should be taken into account. A failure to take heed of the disproportionately small number of women judges on the Constitutional Court, would suggest that — for reasons of retaining patriarchal dominance and privilege — this constitutional injunction is only respected as far as race is concerned. Although the President has the final say on who gets appointed to the Constitutional Court, voters — including all of us who take gender equality seriously — have a right and a duty to criticise the President if he fails to take heed of the imperative of gender transformation on the bench. The second issue relates to the need to appoint judges (male and female, white and black), who are passionate about transforming the legal system to make it more just and equitable, and less in service of the rich and the powerful men in our society.

Given the fact that all five candidates to be interviewed for the one vacancy on the Constitutional Court (left by the departure of Justice Zak Yacoob) are men, the JSC will send a list of 4 male nominees to the President to choose from. The President is, of course, not obliged to appoint anyone from this list of 4 names. He can advise the JSC that some of the nominees are not acceptable and provide excellent and justified reasons for this view, after which the JSC will have to supplement the list.

This means President Zuma can tell the JSC that, given the requirement contained in section 174(2) that the “need for the judiciary to reflect broadly the racial and gender composition of South Africa must be considered when judicial officers are appointed”, the absence of any women on the list is unacceptable. If he did this, the JSC would then have to produce more names that include those of appointable women candidates, of which there are several. But I am not holding my breath.

Of course, why the JSC decided not to re-advertise the Constitutional Court vacancy when it saw that no credible women candidates were nominated, tells another story about the JSC’s lack of commitment to real judicial transformation.

  • Stephen Grootes

    Hi Prof,

    As a journalist working on this issue (for Eyewitness News/B. Day), I have to ask two questions:
    Did the women’s groups (incl the ANC Women’s League) fail to lobby effectively here, they didn’t make enough of an issue of this?
    And, did they perhaps approach a strong female candidate, who for some reason, declined to stand?

    Perhaps another question is whether we think there’s a duty on women judges who could have been nominated to explain publicly if they decided not to stand for a particular reason.

    Stephen Grootes

  • Brett Nortje

    What can Selby Baqwa put on his CV that outweighs his time as Public Protector?

    Our shield against the Arms Deal?

    WHo looks more and more mediocre as Thuli Madonsela’s star burns brightly?

    How is he going to handle Terry CrawfordBrown going back to the CONCourt to tell them the CoI is a farce and he wants real relief against the President?

    The Citizen’s search function is pathetic, but search ‘Ronnie Bosielo’.

    The real problem with the JSC’s recommendations is that Cde Ntsebeza is packing the Courts with cadres.

  • Maggs Naidu – Yikes, another seven years! (

    On the latter, Yacoob said he was puzzled when well respected Supreme Court of Appeal Judge Mandisa Maya was overlooked by President Jacob Zuma for a Constitutional Court position in favour of Ray Zondo last year.

    “I have nothing against Ray Zondo – let me make that absolutely clear – but in the context of the way things were and the need for women here, I find it impossible to comprehend why it happened, but that was a decision for the president to make.”

    In August, former Labour Court Judge Raymond Zondo was selected to fill a vacancy on the court. Some in the legal fraternity criticised Zuma’s decision, considering the constitutional requirement that the court be representative of the country’s demographics, and the fact that appeals court Judge Mandisa Maya was considered a strong contender.

    “You can definitely say that, in my personal view, as I understand South Africa today, we most certainly have too few women judges.

    “I think that the only thing that can be done is that the Judicial Service Commission must take this element seriously,” Yacoob said.

    “And as far as the appointment of judges to the Constitutional Court is concerned, the president must take this seriously. I must say that I don’t know whether it’s the president or advisers, but this issue is not being taken seriously enough,” he said.

  • Zoo Keeper

    I always find it ironic that the word “equality” is used to explain discriminatory treatment!

    Anyway back to the topic. It is actually a more accurate exercise to take the inquiry back a step: Who are the female judges who were NOT nominated? Who are they and what is their standing?

    Are we at a stage where we might just have a gap in top-quality female judges with the necessary combination of skills and experience? Could it just be that simple? When the quality females have enough experience, surely that will become apparent in the nominations?

    Before we make assertions, a factual analysis would be useful.

    And one more thing – what is a progressive judge? Surely the ConCourt would benefit from a range of interpretations rather than a bland left-wing socialist agenda?

  • Gwebecimele

    Let us assume the bench were to be 2 men and 8 women, will that give us a different or woman friendly justice system?? I have seen more oppression of women from other women. I can have Price as a University Principal anytime over Nongxa to advance transformation.

    We need to go beyond numbers and ask the relevant questions.
    Dept of Women and others, Gender Commission and Gender activists are at their weakest as we speak. In many instances women are appointed to further men’s interests. Unlike girlfriends, sisters and wives of powerful men majority of rural poor women’s issues don’t even make it to the agenda instead they are BEING put under a BIG GUARDIAN (TRADITIONAL LEADERSHIP).

    Women such as Madonsela and others who do not have a “Male shadow” around them and tend to perform better. Young girls are starting to outperform boys at school but the system will ensure that they remain 2nd to men in later life.

    Appointing less effective women can actually cause more harm than good.
    I have no doubt that we have plenty of smart women in our country, Madonsela was not known few years ago.

  • Amanda Boardman

    Thanks for this.

    I have been fascinated by the studies from Harvard and other well-recognised journals and publications that show conclusively that companies with equal numbers of women on the board, perform better. It’s not that women are better than men – simply that by having balanced boards the company is able to harness different ways of thinking about the world; different approaches to problem solving – it’s like doubling your ability to see the issues at hand. The same arguments should be made for the bench of the Con Court and all courts.

    However in the legal profession, new research is providing evidence that women lawyers are forced early on to abandon their female way of viewing the world and the feminine approaches to problem solving. How? Because the law school curriculum and law firms themselves and the Bar are so deeply mired in a patriarchal mindset that the only way women succeed and climb the ranks in these places is to show that they can adopt a male mindset. This is highly detrimental to the profession because to put it bluntly it means there is no harnessing of this “other” perspective if all the women who make it are thinking and behaving exactly like men.

    This is not to say that we don’t need women on the bench! Only to add to the debate this issue of our current failure to allow for women lawyers to bring their fullest contribution to the profession. The way we teach lawyers has measurable effects on the brain! I’m bringing an expert in neuro-literacy for lawyers (accredited by the American Bar Association) to SA in April and would love to set up a platform for this discussion. (Am also working with an Executive Coach specialising in Gender issues, on a programme for law firms)

    Amanda Boardman

  • Gwebecimele

    If we were to appoint a woman to the VACANCY head of SIU we will either end up with a “Madonsela” or a “Jiba” anything is possible.

    Recently we put police under a woman, ask the Marikana widows they might have a view on that.

  • Blue Ozone

    As said, our single biggest problem in South Africa is the terrible “patriarchy”. Not orphans or impoverished single mothers.

    And where are those missing “patriarchs” instilling discipline and respect in our kids?

    This is why we get absolutely nowhere in solving the basic underlying problems in South Africa, too many White liberals standing on their podiums obsessed with very fancy Western ideas and in positions of influence steering our national agenda and “debate”.

  • Blue Ozone

    Amanda Boardman
    January 21, 2013 at 12:06 pm

    “It’s not that women are better than men – simply that by having balanced boards the company is able to harness different ways of thinking about the world; different approaches to problem solving – it’s like doubling your ability to see the issues at hand.”

    I agree. General Riah Phiyega did an absolutely excellent job in Marikana.

    She realised the real problem is the Amapondo patriarchy and their warrior men.

  • Gwebecimele

    Bloody officials are trapping politicians with BMW’s, 5 star hotels, walls around houses and Mansions. Last time I checked Cronin was Deputy Minister of Public Works.

  • Gwebecimele
  • Gwebecimele

    When human beings forget about the most important aspect of life and suffer the consequences.

  • Pingback: … no woman is really an insider | Shark Free Waters()

  • Brett Nortje
  • Blue Ozone

    Brett Nortje
    January 21, 2013 at 15:43 pm

    No kidding. The DA launching another xenophobic/racist attack on the Indian businessman? Why is it so troubling that the Gupta’s name are consistently mentioned, while we know that White business, including the likes of Harry Oppenheimer bought the ANC years ago already. And they have a problem with media diversity – this “Democratic” Party?

    “We were and continue to be very surprised by the role of the DA in these attacks. Surely, if you wish to ask parliamentary questions on advertising spend from the government we should be asking it of all media, not only The New Age. I suppose DA MP Kenneth Mubu’s comment of us being an “ANC gazette” speaks volumes about his narrow and sectoral interests. Interestingly, his leader, Helen Zille, will appear as our guest at the The New Age Business Briefing of January 31. This will be Ms Zille’s second appearance.

    We have also had Patricia de Lille as a guest. My challenge to the DA now is that they ask similar questions of government spend in all media and let’s see if the media houses will use this information in the same manner.”

  • Gwebecimele

    OB is right.

    If there is one thing that DA and ANC always agree on, is not to reveal their funders.
    So Helen must do a bit more than just opportunistic point scoring.

  • Blue Ozone

    More tyranny of the patriarchy problems in Zimbabwe.

    Sperm-hunting women prowl Zimbabwe highways

    “Susan Dhliwayo was stunned when she pulled her car over recently to pick up a group of male hitchhikers and they refused to get in. The reason? They feared being raped.”

  • Brett Nortje

    Blue Ozone says:
    January 21, 2013 at 16:04 pm

    You’re being even more obtuse than Maggs this morning. The same SOEs which are always asking for taxpayer bailouts are sponsoring these hyper-expensive meet-and-greets! Escom says it needs a 16% increase – but it can afford to spend money selling access to the ANC? Patronage?

    Do I need to post Gavin Lewis’ article AGAIN showing how the ANC wasted R243bn on cadre deployment to the SOEs between 2006 and 2010?

  • Andre

    No worries Brett…

    JOSEPH Stalin had a much easier job than President Jacob Zuma when it comes to central planning. Since the Plan, devised by ideologues and bureaucrats with no knowledge of business or industry, was by definition perfect, any failure of the Plan could only mean sabotage by counter-revolutionaries. So the solution to the failure of the Plan was to shoot the saboteurs. No such luck for Zuma, living as he does in a democracy with a battered but extant market-based economy. Yet, although the concepts that underlie central planning may have died with the collapse of the Soviet bloc, they live on, zombie-like, at the southern tip of Africa.

    The damage central planning causes to jobs is clear. In the past decade, SA has underperformed the global average, the developed world’s average, the undeveloped world’s average and Africa’s average. We sit with the highest recorded unemployment rate in the world.

    There is a cost to central planning in SA and nowhere is it more apparent than in the costs to the economy, and thus to jobs, through the chief implementation agencies of that planning, our state-owned enterprises (SOEs). They form the centrepiece of the “developmental state” that the alliance ideologues fondly imagine exists so successfully in SA. Yet the cost of this is immense and it is mounting. In the four years to last year, bail-outs of SOEs cost taxpayers R243bn.

    Nor does it end there. Burdened by the cost of the unwanted King Shaka airport in KwaZulu-Natal, the Airports Company SA, a state agency, wants to recoup its losses with a 132% increase in airport taxes. Yet tourism lies at the heart of industrial policy as a prime job creator. The SABC, playing interminable musical chairs with its incompetent leadership of deployed cadres, is an endless drain on state resources. And every household and small enterprise in SA strains under the costs of the annual 25%-plus hike in Eskom’s charges. There is no money left for savings, nor for consumption, as these state monopolies leech on SA’s economy.

    All of this costs jobs. While “good news” SA was warbling on to investors about SA’s “cheap” electricity, the state planners ignored the market signals of a looming crisis until the wheels fell off. It meant the end of another triumph of state planning, the Coega deep- water harbour, which immediately lost a R2,5bn investment by Rio Tinto Alcan.

    Most recently, even as the state’s Industrial Policy Action Plan 2 targets “beneficiation”, which basically means adding energy to heat raw ore, SA’s only zinc smelter, near Springs, closed down due to uncompetitive electricity tariff hikes. Yet state planners continue to punt smelters as a solution to job creation. From 2005 to 2014, independent economist Mike Schussler reminds us, electricity prices based on already-agreed tariffs, will have risen by 633%. Schussler estimates this alone will reduce SA’s gross domestic product (GDP) by 1% a year.

    Since 2009, power shortages have pulled the plug on an estimated R6bn in new property and construction initiatives, says the Cement and Concrete Industry, while mining, a job mainstay in this economy, has also taken a knock.

    It is this very developmental state, as conceptualised by the government, that is the real and present danger to economic growth and the 5-million new jobs target.

    If we examine where the developmental state has had successes, such as in some of the Far East’s economies, we quickly see that there is very little common ground between our fantasies of the developmental state and the developmental state in, for instance South Korea in the 1950s and 1960s. In an address to the Helen Suzman Foundation (Focus 2009), William Gumede provides a useful summary of the reasons for South Korea’s developmental state succeeding. The developmental state in South Korea had the following core characteristics:

    n A highly technocratic bureaucracy. In other words, it had a public service with competent people;

    – A public service that drew on the whole country’s talents, regardless of race or gender, drawing on the best skills available;

    – Clear policies with easily measurable targets towards their achievement;

    – A coalition in which business and labour are equal partners, with no political preferences given to either; and

    – Decisive leadership. Without it, countries unwilling to make the necessary hard decisions tend to drift from policy to policy. As each policy fails, so it is replaced with a new one, while the real economy falters.

    These points also help explain why government’s countercyclical public infrastructure investment of R785bn remains elusive. Nor is this new. From 1995 to 2004, public sector investment in SA was stagnant at 5% of GDP, way below the average of capitalist economies. The “developmental” state lacks the capacity to implement development. It exists in the fantasy life of the Blade Nzimandes and Ebrahim Patels of this world. Nor has it helped that SOEs lack planning and execution skills under leaders appointed for political, not business, reasons.

    Nonetheless, among the leadership of the Congress of South African Trade Unions and the South African Communist Party, the concept of the developmental state remains a central component of SA’s march to the sunny uplands of the hoped-for national democratic revolution.

    There is no modesty here, no sign of a fundamental rethink. So, as night follows day, the Growth, Employment and Redistribution policy is followed by the Accelerated and Shared Growth Initiative for SA, and now the New Growth Path.

    When expressed through the SOEs, these developmental state assumptions about redistribution and shared growth produce the kind of problems that are epitomised by Eskom. If they were not so richly rewarded, it would be possible to feel pity for Eskom’s leaders of recent years, as they try to meet the contradictory demands of the developmental state proponents in SA. Thus Eskom’s management was simultaneously supposed to run this monopoly as a profit-making business on the one hand and to provide “free” electricity and meet expensive social goals on the other. It was an impossible ask.

    Much the same applies to Telkom, which even now holds a death-like grip on the local loop, which has seen much poorer countries such as Kenya roar past Africa’s only industrialising economy in the provision of affordable broadband services. The cost in jobs forgone can be guessed at by international experience, which shows that universal broadband access alone can add up to 1% a year to GDP. Yet the state in this country willingly forgoes that opportunity for growth. Meanwhile, rapid technological advances have allowed the cellphone industry to connect far more South Africans at an affordable rate than Telkom, with all its billions in taxpayer subsidies, can dream of.

    And under SOE Transnet, the port of Durban was this year awarded the honour of being both the most expensive and the most inefficient in the world. Yet the German economy (for instance) has been rescued from global recession in large part due to increased exports. And the rail bottlenecks that stop us from exploiting the commodities booms are all too well known.

    In sum, the developmental state in SA has a record of failure. Ordinary South Africans in the real economy can’t afford our ideologues or business as usual. It’s time to learn the lessons and do things differently.

    regards, Gavin.

  • joeslis


    “It’s time to learn the lessons and do things differently.”

    Pah! SFA will happen.

  • Mikhail Dworkin Fassbinder

    I seriously question the nomination of whites (male or female), to the bench. They are already over-represented at every level, except perhaps the Mag Courts. I am not saying sittings whites must be removed. But their numbers must surely be allowed to erode through attrition.

    As Ms Schutte has said, WHITISTS should keep their noses out of African concerns. That per se means they have no place on our bench.


  • KJMüller

    @Gavin-Check out – South African contribution ??

  • Blue Ozone

    January 21, 2013 at 20:02 pm

    “JOSEPH Stalin had a much easier job than President Jacob Zuma when it comes to central planning.”

    However the Chinese and the Afrikaner government were much more successful at it.

    “Economic nationalism is not an original idea. In this country, it was pioneered by Afrikaner nationalists, the brethren of African nationalists. State-owned enterprises such as the steel producing as Iscor and the electricity-generating Eskom were born out of economic nationalism. Steel is a key ingredient in any industrialisation process, nor can productivity happen without electricity. And both parastatals prioritised the local economy, supplying them at a relatively cheap price. The idea was not really to make profit, but to ensure availability and supply of these strategic products so that the overall economy grows.

    Though a driving force, state ownership did not flourish at the expense of private business. The latter grew in tandem with the former. State intervention promoted and built Afrikaner private capital. Afrikaner business moguls and businesses, especially in the financial sector, were effectively nurtured by the Afrikaner-controlled state.”

    Apartheid South-Africa is/was the most powerful economy in Africa by far.

  • Blue Ozone

    That evil COLOURED patriarch Professor Jonathan Jansen lays down the law.

    “Jansen said this year’s first year students were the brightest in the university’s 109-year history.

    “You all are my children, and parents should be strict. If you pick up a stone and throw it on campus, I’ll expel you. If you hit someone, I’ll expel you. If you’re angry, I’ll expel you. If you treat a woman disrespectfully, I’ll expel you,” he warned.

    “You may be poor, but you can behave decently, my mother always said.”

  • Blue Ozone

    My dear papa always said a stone is a stone.

    You keep on chipping and chipping away at it until you hit the rock.

  • Brett Nortje

    Maggs, I’m getting desperate!

    I’ve been looking, but I can’t find any!

  • Maggs Naidu – Yikes, another seven years! (

    January 21, 2013 at 20:19 pm


    “Pah! SFA will happen.”

    JR is that you pretending to be Joeslis?

  • Maggs Naidu – Yikes, another seven years! (

    Brett Nortje
    January 22, 2013 at 6:40 am

    Ok – I’ll ask, G.

    Any what?

  • Brett Nortje

    Any examples of white-on-black violence over the last week, Maggs!

    You know how you were back to your old tricks again after the World of Golf incident pretending there was an epidemic of assault by white perpetrators on black victims?

    Well, I couldn’t find any last week.

    Found plenty examples of black-on-white attacks, though.

  • Mike

    @MDF – Of course what we fail to acknowlege is that the whole system of the law and the law itself is WHITISTS.
    Perhaps the lack of the rule of law in Africa and for that matter the eastern european block of where you puport to come from is all that you can really understand.
    What you are using this blog for is anti white vitriol nothing more as you have not got anything constructive to contribute nor when certain historical facts have been laid at your door for comment have you been able to comment.
    Of course this medium suits you entirely as you reveal nothing of yourself other than your anti white garbage.

  • Maggs Naidu – Yikes, another seven years! (

    Brett Nortje
    January 22, 2013 at 7:58 am


    Seek and thy shall find!

    BTW – Nathan Maluleka was released from Sunninghill hospital!

  • Maggs Naidu – Yikes, another seven years! (

    It is now our generation’s task to carry on what those pioneers began. For our journey is not complete until our wives, our mothers, and daughters can earn a living equal to their efforts. Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law – for if we are truly created equal, then surely the love we commit to one another must be equal as well.

  • Brett Nortje

    Gwebecimele, since we last discussed it have you seen any sign that friend of Zuma Willies Mchunu is going to be held accountable in any way for 7 deaths?

  • Brett Nortje

    “Such a perspective represents a complete misreading of our recent history. Mandela’s presidency was anything but a golden age. The old man had not the slightest idea of how to run a government and it was a mess, saved only by Mbeki’s frantic back-stopping. An early casualty was the rule of law. The Shell House shootings – murders carried out in public view in the middle of Johannesburg – were successfully covered up by Mandela’s bluster.”

  • Mike

    @Maggs – why have you not made an issue about the Gauteng Minister of housing,(Humphrey whatever his name is), motercar deliberately going through a red light and riding over that white youngster on his moter bike.
    I myself on my moterbike have nearly being ridden over by one of the blue light motercars on the krugerdorp freeway and can vouch that the blue light car actions are deliberate.

  • Chris (not the right wing guy!)

    Brett Nortje says:
    January 22, 2013 at 7:58 am

    Don’t worry Brett, I’m sure Gwebs is still searching and will find something.

  • Maggs Naidu – Yikes, another seven years! (

    January 22, 2013 at 9:06 am


    “@Maggs – why have you not made an issue about the Gauteng Minister of housing,(Humphrey whatever his name is), motercar deliberately going through a red light and riding over that white youngster on his moter bike.”

    Your assumption is flawed Mike!

  • Blue Ozone

    Brett Nortje
    January 22, 2013 at 9:04 am

    That is good piece by Johnson. Enjoyed reading it and not too far off the mark, besides for the usual “Rooi Gevaar” undertones.

  • Brett Nortje

    You Reds fueled the useless ANCunts’ delusions – kept them from having to face reality.

  • Blue Ozone

    Brett Nortje
    January 22, 2013 at 9:30 am

    And who maintains the dear Madiba golden age myth above anything else?

    It has become abundantly clear that our socalled “nonracial democracy” and transition was a lie/hoax sponsored by British government and business interests. Not to mention international crime and the Mafia.

  • Mike

    @Maggs – what assumption Maggs, there where witnesses at that robot in stationery vehicles, you see Maggs you got caught out again and that is it is big news when a white dips at black but not the other way around.
    Perhaps you would want to comment on the looting going on at Sasolburg Zomdela township, best photo is one of a guy running with an ironing board and packet of pampers, that could not have been spontaneous, but as a result of a shopping list from his squeezer.

  • Maggs Naidu – Yikes, another seven years! (

    January 22, 2013 at 9:43 am

    Eish Mike,

    You’re being silly again – it must be a day in the week!

    The assumption was that I had “not made an issue about the Gauteng Minister of housing,(Humphrey whatever his name is), motercar deliberately going through a red light and riding over that white youngster on his moter bike.”

  • Brett Nortje


    Have you ever heard me saying anything positive about him?

    Blue Ozone says:
    January 22, 2013 at 9:36 am

    And who maintains the dear Madiba golden age myth above anything else?

  • Gwebecimele

    Mantashe this morning on SAfm said “Anglo STOLE our money and listed in UK”. I can’t remember last time we had such a clear message from ANC. I hope he whispered this to TRIPLE M’s (Mbeki, Manuel and Mboweni).

  • Gwebecimele

    This target is not different from the Bafana Bafana target of winning AFCON 2013.

  • Blue Ozone

    Brett Nortje
    January 22, 2013 at 9:48 am

    Madiba has always been a symbol. Mbeki was running the show, after spending ample time with Tony Blair’s labour party and Big Business in London. In 1989 with the fall of Communism they realised that Apartheid cannot be defended any more (in the absence of a Rooi Gevaar) and has outlived its purpose as a buffer against a popular democratic revolution.

    The arms deal was payback time for the ANC and the kickbacks helped sponsor the 1999 election campaign.

  • Brett Nortje

    Pipe dreams, swaer.

    You forget that Thatcher’s success forced Labour to shed its own Reds.

  • Blue Ozone

    Brett Nortje
    January 22, 2013 at 10:21 am

    So you happy with Big Business mostly based in London sponsoring this “Afrikaner genocide”? As long as you defeat the reds.

  • Gwebecimele

    On the other side of boerewors curtain Rhino vs Marikana.
    This is unAfrican.

  • Gwebecimele

    Adults using children to say what they are scared to say in public. Good messages from the children but dissapointed by the bank. The bond for our BIG house is at FNB.

  • Gwebecimele

    Guess who thanked these sponsors in the past, a tape has been provided. DOUBLE SPEAK.

  • Maggs Naidu – Yikes, another seven years! (

    January 22, 2013 at 9:06 am


    Here’s my tip for the day for you.

    The next time you’re on your moterbike and you see the motercars with the blue lights flashing behind you, move over.

    Otherwise the motercars with the blue lights may run over your moterbike, while you’re still sitting on your moterbike!

  • Brett Nortje

    Bullshit. You’re putting up a straw man at 10:24.

    This reapprochement between New Left and capital took place in the US too. A sign of the hippies growing up. Ask Sirjay. You do have a point that the zeitgeist was that communism had reached its logical conclusion and that every government everywhere had to find an accomodation with business since their profits=taxes enabled governments to be ‘nice’. Pragmatism rules. You ignore though that any African ‘Big Man’ likes to have an army to play with so the Arms Deal would have come anyway. Don’t forget, I was in favour of the Arms Deal. If we were going to be a regional player. You also do not make enough of the fact Mbeki watched hundreds of thousands of homicides unmoved and even more AIDS deaths and did nothing when you try to pretend he had the same Blair New Labour conversion. He is not that suggestible – the reverse, rather.

    But sure, everyone knows he was running the country.

    The problem you face is that no person with half a brain can publicly be seen to be a communist lest he be accused of having none.

    As for London Big Business – they’ve been a threat to our survival since the 1870s. Oom Jannie knew the greedy bastards could not be trusted but he also knew you cannot turn the clock back.

  • Blue Ozone

    Brett Nortje
    January 22, 2013 at 11:10 am

    “But sure, everyone knows he was running the country.”

    You mean he was selling the country to Britain? Have you noted FNB not being happy with the new left leaning ANC.

    Where was the British government then when Mbeki allegedly killed millions according to you due to AIDS denial. Why doesn’t Tony Blair have to testify at the arms deal commission?

    Who got blamed after Marikana? Britain, Lonmin, Cyril Ramaphosa, or was Julius Malema chanting “kill the boer”?

  • Zoo Keeper

    Brett and OB

    SA actually has a very frosty relationship with the UK. The ANC allowed Anglo etc to divest and list on the LSE in exchange for benefits – no nationalization and some cash of course.

    Africa’s Big Men cannot stand a tax-paying public because of the danger it poses to them, which is why they love the “imperialist” powers, be they US, UK, China, Russia, etc. Whichever power allows the Big Man enough cash to maintain his army and get the plunder of his soil is a friend. See ZANU-PF, the MPLA, Frelimo and plenty more.

    The ANC is faced with the unique African situation of having a real tax-base and being reliant on it: but it would love to divest itself of this pesky thing. That’s why the ANC shows such complete ignorance of economics and the benefits of business to the country. Its not about the country, its about the ANC’s coffers, and always has been. It dearly wants an imperialist power, like China for example, to come in and rescue it from the burden of tax-payers.

    Note how the ANC is terribly slow to invade the “grey” economy and tax it. When the majority are forced to pay tax, the ANC will be gone sooner than you can say “South African Spring”. However, the inevitable consequences of ANC misrule, from Mandela’s days, are coming to fruition and there is nothing to be done about it.

    The ANC and COSATU were taken completely aback by Marikana, and the De Doorns strikes quickly got out of control and they were left holding the tail of the tiger.

    My bet is that when the e-tolls hit the producer prices; and the latest wage hikes cause more unemployment, the shit is going to hit the fan hard. Already the minimum wage, which when legislated was fine, is hopelessly inadequate. The next minimum wage is not going to survive long either.

    We have enormous structural problems and its going to get hot in this kitchen.

  • Brett Nortje

    Yes! And you still have people commenting on this blog who have not googled Davies’ J-curve theory.

  • Brett Nortje

    I thought the people commenting on FNB’s videos had observed as fact many of the ANCs disastrous ‘decisions’?

    Blue Ozone says:
    January 22, 2013 at 11:27 am

  • Blue Ozone

    Zoo Keeper
    January 22, 2013 at 11:49 am

    “We have enormous structural problems and its going to get hot in this kitchen.”

    Doesn’t really matter what happens. They will continue to blame it on Whites in general and the boers in particular, as they did with Marikana and Aurora. See some of the comments on the other thread blaming Bafana’s kak performance on whites – once again. See Andile Mngxitama publicly speaking about genocide now and nobody even raises a brow. This is going to continue happening and as that kitchen gets hot, whites will experience the heat first, those who can emigrate will do so and the Afrikaners will be left to their own.

    That is why we need to look at a different political solution now.

  • Blue Ozone

    Brett Nortje
    January 22, 2013 at 11:57 am

    Its obviously propaganda Brett. The bosses back in Britain are not happy with what happened at Mangaung.

  • Brett Nortje

    OBS, if your worldview is correct and the conspirators in the City are fixated 24/7 on what is happening in Luthuli House why was Cynthia Carroll spanked by Anglo’s shareholders?

  • Mikhail Dworkin Fassbinder

    @ Brett

    “And you still have people commenting on this blog who have not googled Davies’ J-curve theory.”

    With respect, I have Googled the so-called Davies J-curve, but, quite frankly, cannot follow it. Call me stupid. In any event, the Judge’s name is DAVIS J, not “Davies.” Moreover, the so-called J-theory thesis was overturned (as the judgments of Davis J so often are), in Van Huysteen and Another v Southern African Society for the Promotion of the J-Theory (Pty) Ltd et al, 1997 (5) SA 135 (A), 152B-153J.


  • Brett Nortje

    Yes. Can I tell you a secret? Nobody cares. That is why they are called ‘sheeple’.

    Blue Ozone says:
    January 22, 2013 at 12:02 pm

  • Brett Nortje

    Mikhail Dworkin Fassbinder says:
    January 22, 2013 at 12:21 pm

    Yes. Thank you. Why don’t you give us the name of the moyil who dropped you on your head?

  • Blue Ozone

    Brett Nortje
    January 22, 2013 at 12:19 pm

    I confess. My world view might be slightly warped at times, perhaps even exaggerated a bit, but I can tell you as a “white” I certainly do not “own all the wealth”. In fact very view whites I know personally “owns all the wealth”, but I assume there may be some whites somewhere who in fact “owns all the wealth” although I believe the majority of them are in Britain/elsewhere and still pulling same strings all along.

    Doesn’t help me one bit though perhaps I would have been better off perhaps owning more wealth, so at least I can send my kids to Britain or to a private school and emigrate when the kitchen gets hot.

  • Brett Nortje

    Ja, most of the ‘white privilege’ I’ve seen is collateral damage of a ‘hoekom is jy laat? Stap solank kantoor toe’ mentality.

  • Blue Ozone

    Brett Nortje
    January 22, 2013 at 12:39 pm

    “Ja, most of the ‘white privilege’”

    That is even worse, when “privileged white” people like me drive around [gingerly] in places like Sandton and pull in next to all those brand new Mercs, BMWs and those massive 4x4s that seems to be an absolute basic necessity for the PDI – me with my fucked-up little car and all.

    I know I somehow missed the train somewhere. These bastards never told me the Struggle was over or did I miss some important public announcement and when was that?

  • Mike

    @MDF – The J theory is also known as the hockey stick curve.

  • Mike

    @Maggs – I already was in the left hand lane as I saw him coming, this prick was weaving through the traffic (from the right hand lane to the left hand lane and back) at about 180km/hr as I was doing about 130km/hr.
    all it takes is somebody not to see him and it becaomes irrelevant what lane you are in.
    Humphrey Khosa still has not been charged only his driver.

  • Mikhail Dworkin Fassbinder

    Mike, I am familiar with the hockey stick curve. But if it is so persuasive, why the interpretation thereof by Judge Davis so decisively rebuffed by the Sca?

  • Mike

    @MDF – because like all theories it can be disproved.

  • Brett Nortje

    Sure, there are shortcomings but as a general explanation of public violence it is very useful.

    Look how the period between violent flare-ups is decreasing and how the violence is increasing in intensity?

    A lot like the behaviour of a serial killer, linked to the phases of the moon if you ask me.

    Given that this is a population that frequently manifests mass hysteria is it possible to say this is a mass psychosis, or a generalised mass antisocial personality disorder?

  • Sivakashi


    You have by now had ample opportunity to refine this argument, and yet still the same old Jazz.

    If transformation of the bench is about more than bean counting then it shouldn’t matter that there are no women on the short list. Right? Or is that the Constitution actually requires bean counting, but this in your view is inadequately nuanced, atleast sometimes?

    Then there is what appears to be your deep confusion about the role of an advocate, as opposed to a judge. To draw your conclusion that one is not committed to South Africa’s constitutional dispensation based on arguments you have supposedly heard being made by an advocate is simply naïve – if not deliberately misleading.

    CC judge Cameron has often expressed the view that the development over the years of our common law on Trusts is nothing short of brilliant and should therefore not be interfered with. On your argument he too suffers from “a lack of legal imagination and daring and a lack of enthusiasm for the transformation of the legal system”. Are you sure you want to hang on to that one?

    When it comes to someone like Jeremy Gauntlett (probably the main target of your missive) who has authored dozens of judgments in different courts it is, to put it kindly, lazy to base your argument on a ‘suspicion’. Seeing as you are clearly obsessed with the man why don’t you start analysing all his judgments, and his other inputs to legal development (obviously not as an advocate which is a necessarily partisan role) to see if your thumb-sucked view holds? If you do that I ‘suspect’ (sue me) two things will happen:
    1. You will learn something (probably a lot); and
    2. The rest of us will have a lot of fun poking holes in your arguments when you predictably refuse to acknowledge that your position all this time’s been unwarranted.

    In his support 47 top legal academics said they have the highest regard for Gauntlett’s outstanding abilities.

    “He has conducted himself with integrity and dignity throughout his career and has consistently demonstrated an exceptional commitment to justice and the expansion of our constitutional democracy.”

    They are obviously lying, right?

  • Brett Nortje

    Wow! Way to argue a point.

  • Blue Ozone

    January 22, 2013 at 17:47 pm

    “He has conducted himself with integrity and dignity throughout his career and has consistently demonstrated an exceptional commitment to justice and the expansion of our constitutional democracy.”

    Doesn’t matter. He is a [white, heterosexual] patriarch.

    He is probably happily married [with a woman], has a dog and 2.3 kids. You obviously know just how reactionary that is.

  • Gwebecimele
  • Mikhail Dworkin Fassbinder

    @ Maggs & Dmwangi

    Do either of you grasp this so-called “J-Curve” or “Hockey stick” that Brett and Mike go on about? Does it have anything to do with Taleb’s “fat tail”?


  • Blue Ozone

    Apparently some Black people just cannot tolerate some White people taking initiative and attempting to do things for themselves.

    “Akademia, a private institution registered with the Department of Education, was criticised at the weekend over its language policy by the Higher Education Transformation Network. “Akademia only admits Afrikaans students and thus potentially discriminates against students who wish to study in other languages,” said the transformation network’s chairman Lucky Thekisho. The network wants the education authorities to “review the institution’s accreditation” and is even willing to take legal steps.

    However, Solidarity Movement’s Dirk Hermann said: “Even though Akademia teaches in Afrikaans, it does not mean that only Afrikaans students are allowed to attend.” Akademia uses distance learning and is an independent institution within the Solidarity Movement, said Hermann. It is registered with the Department of Education.”

    Perhaps the HTNE should consider taking government to court instead.

    Why maths teachers bunk class

    “The study also found that principals did not consider having unmanned chalk boards a big deal, and that often teachers left their classrooms to attend union and Education Department meetings.

    While high teacher absenteeism in South Africa is well known, what makes this study significant is that it gives some understanding of its causes for the first time.”

  • Blue Ozone
  • Maggs Naidu – Yikes, another seven years! (

    Blue Ozone
    January 23, 2013 at 9:08 am

    Ozone Boy,

    Shut up and read this piece!

    Being top of the pile means that whites are peculiarly and uniquely insensitive to race and racism, and the power relations this involves. We are invariably the beneficiaries, never the victims. Even when well-meaning, we remain strangely ignorant. The clout enjoyed by whites does not reside simply in an abstraction – western societies – but in the skin of each and every one of us. Whether we like it or not, in every corner of the planet we enjoy an extraordinary personal power bestowed by our colour. It is something we are largely oblivious of, and consequently take for granted, irrespective of whether we are liberal or reactionary, backpackers, tourists or expatriate businessmen.

  • Brett Nortje

    OBS, Lucky doesn’t want your kids to get into UCT. You’re just being cheeky by starting your own University.

    Do the African people a favour and get out of South Africa.

  • Blue Ozone

    “Asked why they were looting shops if their anger was directed at the municipality, Ndlovu said: “Because we can. We are not stealing we are taking … the government will replace this stuff anyway and I need stuff like beer.

    “The government must know that if they do not give us what we want we will make this province ungovernable. No one will ever work here again. No child will ever go to school here again. We will burn and destroy everything,” she said.”—or-else

  • Blue Ozone

    Maggs Naidu – Yikes, another seven years! (
    January 23, 2013 at 9:20 am

    “Being top of the pile means that whites are peculiarly and uniquely insensitive to race and racism”

    There are considerably more privileged Black people than White people in South Africa now so that was the status 20 years ago. “Whites” are not “top of the pile: any more, in fact many of them are at the bottom of the dump now.

    So what was your the point again?

  • Maggs Naidu – Yikes, another seven years! (

    Blue Ozone
    January 23, 2013 at 9:26 am

    Ozone Boy,

    “So what was your the point again?”

    My point is, as you noted, “Being top of the pile means that whites are peculiarly and uniquely insensitive to race and racism”

  • Blue Ozone

    Maggs Naidu – Yikes, another seven years! (
    January 23, 2013 at 9:28 am

    That is bullshit. Afrikaners were also victims of racism. My parents grew up next to Sophiatown. They were looked down on by the British and English speaking south Africans for a very long time, called all types of names like “white trash”, “dutchman”, “bonehead’, “rock spider”, “clutch plate”, etc.

  • Brett Nortje

    Go sell someone a samoosa, Maggs!

    Since 1652 we’ve been a vulnerable minority trying to carve out a peaceful existence – which was the raison d’etre for Apartheid. You’re trying to superimpose the template of the world view of one of our oppressors?
    (Just because he is white, you racist you!)

    Who has always been one of a numerical as well as cultural majority which ground half the world under its jackboot?

    Shut up and siddown!

  • Maggs Naidu – Yikes, another seven years! (

    Brett Nortje
    January 23, 2013 at 9:42 am

    Aww Goofy,

    “Go sell someone a samoosa, Maggs!”

    I eat mine, real ones, tasty, wholesome, it’s delicious – go make your own with cream cheese and sweet corn (yuck!)

    “The righteous indignation of a Martin Luther King, Jr. becomes a moment of political calculation. And that makes my blood boil. Why? Because Martin Luther King, Jr died…he died…for the three crimes against humanity that he was wrestling with. Jim Crow, traumatizing, terrorizing, stigmatizing Black people. Lynching, not just ‘segregation’ as the press likes to talk about.

    “Second: Carpet bombing in Vietnam killing innocent people, especially innocent children, those are war crimes that Martin Luther King , Jr. was willing to die for. And thirdly, was poverty of all colors, he said it is a crime against humanity for the richest nation in the world to have so many of it’s precious children of all colors living in poverty and especially on the chocolate side of the nation, and on Indian reservations and Brown barrios and yellow slices and Black ghettos — we call them hoods now, but ghettos then.

  • Blue Ozone

    Brett Nortje
    January 23, 2013 at 9:42 am

    You have to excuse maggs brett. They call it Critical Race Theory. It is the racist ideological cancer of our time, absent a coherent and consistent framework to deal with the economic power relations that governs and runs like a thread through history. The 1952 Cape Colony being first and foremost a business venture, global trade, not some KKK members jumping on a boat hoping to go to and dominate Blacks in some remote part of Africa.

    It is totally irrational bullshit in general. Check now how Martin Jaques resorts to some breathtaking sophistry to try and avoid the inherent contradictions:

    “The existence of a de facto global racial hierarchy helps to shape the nature of racial prejudice exhibited by other races. Whites are universally respected, even when that respect is combined with strong resentment. A race generally defers to those above it in the hierarchy and is contemptuous of those below it. The Chinese – like the Japanese – widely consider themselves to be number two in the pecking order and look down upon all other races as inferior. Their respect for whites is also grudging – many Chinese believe that western hegemony is, in effect, held on no more than prolonged leasehold. Those below the Chinese and the Japanese in the hierarchy are invariably people of colour (both Chinese and Japanese often like to see themselves as white, or nearly white). At the bottom of the pile, virtually everywhere it would seem, are those of African descent, the only exception in certain cases being the indigenous peoples.”

    However, Asians are conveniently lumped with black/white just like “coloureds” depending on how it fits into this “theory” of White Supremacy. In South Africa Chinese people have been classified as Black.

  • Mikhail Dworkin Fassbinder

    @ Brett

    “many [whites] are at the bottom of the dump now.”

    Brett is right. Just last week I was driving the road from East London to Bhisho. Across the hills, as far as the eye could see, were crude iron shacks, unserviced by electricity or water. Although I could not be sure, and did not have the time to check, I was convinced that the dwellers of these shacks were WHITES, who are now at the bottom of the dump!

    I say this is UNCHRISTIAN.


  • Maggs Naidu – Yikes, another seven years! (

    Mikhail Dworkin Fassbinder
    January 23, 2013 at 10:19 am


    “@ Brett”

    Now you’re sounding like Trengrove who’s struggling to distinguish between Mrwebi and Mdluli!

    Apologise to Brett!

  • Blue Ozone

    Mikhail Dworkin Fassbinder
    January 23, 2013 at 10:19 am

    The vast majority of South Africans are Black. Therefore the vast majority of poor people will also be Black. It is very logical and really simple to understand at the hand of demographics. Even if Andile Mngxitama dream of a genocide on the tiny minority of Whites comes true, the demographic realities will remain.

    These are the facts MFD.

    “Corrective policies are said to have helped change the all-white face of business in South Africa, after black people had been exluded for more than 60 years.

    In the past 18 years South Africa has produced 178 black millionaires — according to their shares listed on the JSE — and about 4-million black people are now considered middle class, living in households that earn R300,000 to R500,000 a year.”

    Time for the wealth that is owned by a majority of Blacks to be redistributed, that is why we see all this loud and angry banging on the race drum, irrational, irresponsible and designed to divert attention form the real issues to be addressed.

  • Blue Ozone

    A proper breakdown of the distribution of wealth in South Africa – by race:

    Just looking at car ownership and subscription to satellite TV.

    2.1 mil African+ 0.4 mil “coloured” + 0.2 mil Indian = 2.7 mil Black, versus 1.1 mil White i.e. Whites constitutes around 30% of the South African middle/upper classes now. Or even looked at in a different way, 7/10 rich people in South Africa are in fact Black.

  • Mikhail Dworkin Fassbinder

    Ozoneguy, I would think the following is probably nonsense:

    White households, as units, earn six times more than their black counterparts – which have more individuals per household. In real money terms, that gave white families an average of R25 777 more to spend than black families every month.
    If the difference in growth in income between the two race groups remains steady in coming years, the black population would catch up with the white population – eventually. It would take around 50 years for the groups to fall in the income bracket. By 2031, white households would still earn nearly three times as much as black households. By 2041, white families would be earning R2 for every R1 brought home by black families. Only in 2061 would the balance finally shift

  • Blue Ozone

    Mikhail Dworkin Fassbinder
    January 23, 2013 at 11:04 am

    ‘White households, as units, earn six times more than their *black counterparts*”

    Black middle/upper class households also earn 6x more than poor black households [and poor white households]. Perhaps you also bunked your maths and your stats.

    The truth is – poor South Africans earn 6x less than wealthy South Africans, and 70% of wealthy South African are black.

    Lets take the 1.1 mil middle/upper White households and redistribute their “wealth” to an additional 1.1 mil middle/upper class Blacks. What then? Then we have 6.1 mil middle/upper class Blacks versus 0 mil middle/upper class Whites and vast majority of South Africans will still be poor and Black. You are talking zero sum logic here. The question is really how much wealth there is to go around, and what you are saying is lets redistribute the poverty to the remaining relatively wealthy Whites.

    That is a rather irrational political statement, with no foundation in reality.

  • Blue Ozone


    “By 2041, white families would be earning R2 for every R1 brought home by black families. Only in 2061 would the balance finally shift”

    By 2014 those remaining about 50% of those 1.1 mil relatively wealth Whites who can emigrate would have done so. The balance say 500 000 would probably drop out and join their poor brothers in in Coronation park etc. There will be a very tiny [and corrupt class] of very rich Whites left- I would say around 100 000, together with say 100 000 Indians they will be the next target.

    This has happened all over Africa, notably Zimbabwe, however African countries stay stuck at the bottom of all the human development indices.

  • Blue Ozone


    ..By 2041 those remaining about 50% of those..

  • Singh


    If a Constitutional Court ought to reflect society, then why only lawyers are appointed?

    At the moment, for non-lawyers it seems like a cosy club of lawyers arguing with lawyers and fleecing the non-lawyers.

    As far as I can tell there is no requirement in the Constitution that the appointee is a lawyer. It makes sense to have lawyers as Judges at the High court and the SCA; but the restriction is contrary to at least the spirit of our Constitution. This would be transformative, and bring greater insight to the ConCourt’s decision making. I was aghast at their lack of economic insight during the eToll hearing.

    Qualified could mean other professionals that are integral part of a society, doctors,economists, engineers, actuaries etc. By restricting the field to lawyers only, surely the country is worse off?

    The US previously appointed non-lawyers. Why can’t South Africa?

  • Gwebecimele

    Good point Singh.

    Lawyers walk around with legal templates and refuse to see beyond their feet.

  • Alibama

    Singh wrote:–
    }If a Constitutional Court ought to reflect society, then why only lawyers
    }are appointed?

    }At the moment, for non-lawyers it seems like a cosy club of lawyers
    }arguing with lawyers and fleecing the non-lawyers.
    Well no, not ‘seems’: *IS* !! They are the direct descendants of the looting
    priesthood who claimed and SOLD the monopoly to ever-lasting-life, during
    middle ages Europe.

    }As far as I can tell there is no requirement in the Constitution that
    }the appointee is a lawyer. It makes sense to have lawyers as Judges at
    }the High court and the SCA; but the restriction is contrary to at least
    }the spirit of our Constitution. This would be transformative, and bring
    }greater insight to the ConCourt’s decision making. I was aghast at their
    }lack of economic insight during the eToll hearing.
    Several CC decisions have recognised that “we aren’t competent to pronounce
    on specialty-X”.
    }Qualified could mean other professionals that are integral part of a
    }society, doctors,economists, engineers, actuaries etc. By restricting
    }the field to lawyers only, surely the country is worse off?
    Well, in civilised societies, elected representatives are considered wise
    generalists, and parliament convenes the necessary specialist committees,
    eg. for medicines-control; and accordingly makes the laws, which the Courts may
    later [rarely] discover are inconsistent/unimplementable, and need revising.
    In sub-Saharan Africa, the muntus don’t/can’t KNOW that/what they don’t
    know. So the above system is inappropriate, and it works [quiet well] like
    in the animal kingdom: where the Alpha-male screws the rest of the tribe.
    This is somewhat modified, by the fact that the looting elite WANT stuff
    from the West [like Benzes] and must modify their behaviour to get that
    What happens when a member of the looting elite is walking with his grandchild
    who notices an airliner flying over head. What does he answer to the toddler
    who asks: what is that? where does it come from? who made it?
    I think Dlamini-Z knows, but most of the others don’t.

  • Andre


    1652! What a year. And whenever I see 1652 written on a klip, blog or happen to find any of Tretchikoff’s paintings in a voorkamer I am reminded of a story: In 1652 a ship passing the Cape of Good Hope left a letter under a stone for Oom Jan. Oom Jan could not find the letter, even after hiring 200 San, who did their best for two long year at brief-hunting. Anyway, I still think of the place as the Cape of Good Hope, DA and all, but sadly the postal service has gotten steadily worse since 1652.

  • Snowman

    If all the candidates are men then perhaps Jeremy Gauntlett should be appointed. As a gay man he will qualify as a previously disadvantaged individual as did Edwin Cameron.