the M&G reports:

“Prosecutions boss Menzi Simelane has a week left to submit reasons to the Johannesburg Bar why he should remain an advocate in good standing in light of adverse findings made against him by the Ginwala Inquiry”

(http://www.mg.co.za/article/2010-07-09-simelane-caught-up-in-selebi-fallout)

what are the constitutional implications should mr simelane be found not to be “an advocate in good standing”; the way i understand it the NDPP must be “fit and proper”, but does that necessarily mean that he/she MUST be an advocate ?

“Six police officers attached to the Joburg organised crime unit used a fraudulent warrant of arrest to place Teazers strip club owner Lolly Jackson behind bars.

“The warrant of arrest submitted to the Johannesburg Magistrate’s Court yesterday indicated that it was issued in the same court on February 8, for an offence committed on “October 16, 2010″. …

“The police used the same warrant to keep Jackson for two days in the Johannesburg Central Police Station High Centre as an awaiting trialist along with suspects charged with serious violent crimes.

“The warrant of arrest, the Johannesburg Magistrate’s Court found, was not authorised or signed officially by a presiding magistrate.”

http://www.iol.co.za/index.php?set_id=1&click_id=15&art_id=vn20100302041746106C100512

Chinese have a work ethic and great moral integrity, but its is influenced not be their culture but by an Authoritarian regimes that has yielded impressive short-term economic results. As with Germany in the 1930s, the Soviet Union in the 1950s, Brazil in the 1960s, and now China. Unfettered by such things as property rights, legal recourse, and public debate & the cosmopolitan cultural consequences, the authoritarian regime can harness significant economic and political resources to create impressive industrial and economic feats. Culture in some of the above-mentioned countries is insignificant & nothing to do with Law or solving problems>> Fuck they all have slanted eyes straight hair and speak one language with no Human rights? Get it?

History of China insignificunt ,

point of discussion the legal cultural aspect of an “African”, (Black Person) idea of what is just & fair who according to some may not be for a “european” descendant? Pls in Legal Context , I presume with Legal Basis?

Just and fair? China? I don’t know about that. The law in China developed through the teachings of Confucius which dealt with social contract and social order. Until recent times the Chinese felt the law was secondary to self-discipline; this is backward. In identifying the Chinese legal system today, 1979 can be seen as the when progress began. Since then more than 300 new laws have been introduced. As recently as 2001, gays and lesbians where considered mentally ill when before 2001 this orientation was a crime. Today mediation committees are used to address legal issues, not unlike some political parties in this country. Many judges there have NO legal training and the most extreme legal sanction in China is death. We are not much better when you consider a few bad apples in our recent crop of Advocates, one apple recently could not even use spell-check in Word!

Thankfully, when Hong Kong and Macau transferred sovereignty to China, same kept their legal systems, the English Common Law and the Portuguese legal system, respectively. Perhaps in 80 years the law in China will catch up.

sorry to disappoint you, but china has a number of major demographic problems, mainly thanks to its “one child” policy. There is first a significant imbalance between males and females, so that it is likely that, in the relatively near future, many male chinese will find it difficult to find mates (females, not drinking buddies). This particular type of imbalance often leads to social unrest, as those mateless males often choose crime (they tend to be significantly less ‘socialized” than those with a steady squeeze).

the second demographic problem is that their society is aging very fast–even faster than japan, due, again, to the ‘one child” problem.

I think the only thing standing in China’s way is Inflation and a bad reputation which is cheaper to fix than a major demographic problem. With the millions of university graduates pouring out of Chinese techs and universities by 2020 we’ll all be learning Mandarin? Chinese have a work ethic and great moral integrity, but its is influenced not be their culture but by an Authoritarian regimes that has yielded impressive short-term economic results. As with Germany in the 1930s, the Soviet Union in the 1950s, Brazil in the 1960s, and now China. Unfettered by such things as property rights, legal recourse, and public debate & the cosmopolitan cultural consequences, the authoritarian regime can harness significant economic and political resources to create impressive industrial and economic feats. Culture in some of the above-mentioned countries is insignificant & nothing to do with Law or solving problems>> Fuck they all have slanted eyes straight hair and speak one language with no Human rights? Get it?
After more than 50 years after independence from almost two centuries of British rule, large scale poverty remains the most reprehensible scar of India. India still has the world’s largest number of poor people in a single country. Of its nearly 1 billion inhabitants, an estimated 350-400 million are below the poverty line, 75 per cent of them in the rural areas. More than 40 per cent of the population is illiterate, with women, tribal and scheduled castes particularly affected. On the other hand, democrazy tends to have slipshod affairs with public dialogue, a vocal press, mulish land owners, and limitless civil liberties. Remotely addtitionally from being able to exploit its declining economic resources, the government habitually acts more as a regulator than anything else. The result is that there are few gaudy government-sponsored projects & countless private-sector initiatives driven by the invisible hand of the market. The fact is that in the longer scope of things, the socioeconomic model has naturally led to economic and social misrepresentation. Again the Indian culture has nothing to do with its
notoriously corrupt Rule of law, half the population has no clean water A sick, starving population with an ancient crumbling infrastructure & no access to their basic needs purely due to lack thereof. They have access to their rights & just adm action tho> ?

henri says:
[The racial divide studiously upheld by the CC with its interpretation of section 9[2]].

Wrong again it’s the industrious Government of the day>>
As the relevance of the reasoning diminishes so does its irrelevance grow??

& as henri says:

Let’s put the human creation fables of the Bible aside for a moment and be realistic about our situation [ Blacks and Europeans ] in South Africa:
Simelane must have a point with what is just and fair for a Black person might not be such for an European descendant.

Legal basis?
As the relevance of the reasoning diminishes so does its irrelevance grow??

“Small wonder these primitive creatures show scant respect for legality, rule of law, and other principles so central to our constitutional order.”

Ag kak man!

When did you come across a primitive, slimy creature that drove in a car without number plates??

Or whose defense for breaking the speed limit is “Do you know who I am?”??

The last common ancestor we humans share with the common mollusc (oysters, barnacles, etc.), is reckoned to be more than four billion years old.

Small wonder these primitive creatures show scant respect for legality, rule of law, and other principles so central to our constitutional order.