Comments on: Pikoli, the NPA and the R7.5 million http://constitutionallyspeaking.co.za/pikoli-the-npa-and-the-r7-5-million/ This blog deals with political and social issues in South Africa, mostly from the perspective of Constitutional Law. Written by Pierre de Vos Tue, 22 May 2012 21:47:22 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Georg http://constitutionallyspeaking.co.za/pikoli-the-npa-and-the-r7-5-million/#comment-22474 Georg Thu, 26 Nov 2009 16:25:17 +0000 http://constitutionallyspeaking.co.za/?p=1722#comment-22474 My guess is that Mpshe will be appointed as a Judge in the new year. I cannot see that he will be happy to move down to a junior position in the NPA. My guess is that Mpshe will be appointed as a Judge in the new year. I cannot see that he will be happy to move down to a junior position in the NPA.

]]> By: Chris http://constitutionallyspeaking.co.za/pikoli-the-npa-and-the-r7-5-million/#comment-22327 Chris Wed, 25 Nov 2009 13:26:52 +0000 http://constitutionallyspeaking.co.za/?p=1722#comment-22327 Well, at least Menzi Simelane now knows he wouldn't be charged with perjury for his lies before the Ginwala Commission. Well, at least Menzi Simelane now knows he wouldn’t be charged with perjury for his lies before the Ginwala Commission.

]]> By: Maggs Naidu http://constitutionallyspeaking.co.za/pikoli-the-npa-and-the-r7-5-million/#comment-22326 Maggs Naidu Wed, 25 Nov 2009 13:24:18 +0000 http://constitutionallyspeaking.co.za/?p=1722#comment-22326 @ Mike Atkins Pierre De Vos says:November 24, 2009 at 9:44 am "2. the Government reaffirms its commitment to the principle of prosecutorial independence in terms of section 179(4) of the Constitution of the Republic of South Africa, 1996 and section 12 of the National Prosecuting Authority Act 32 of 1998 in terms of which the Prosecuting Authority is required to exercise its function, without fear, favour or prejudice;" President Zuma sure showed Pikoli what he thinks of that clause two! :) @ Mike Atkins

Pierre De Vos says:November 24, 2009 at 9:44 am

“2. the Government reaffirms its commitment to the principle of prosecutorial independence in terms of section 179(4) of the Constitution of the Republic of South Africa, 1996 and section 12 of the National Prosecuting Authority Act 32 of 1998 in terms of which the Prosecuting Authority is required to exercise its function, without fear, favour or prejudice;”

President Zuma sure showed Pikoli what he thinks of that clause two!

:)

]]> By: Mike Atkins http://constitutionallyspeaking.co.za/pikoli-the-npa-and-the-r7-5-million/#comment-22323 Mike Atkins Wed, 25 Nov 2009 12:26:05 +0000 http://constitutionallyspeaking.co.za/?p=1722#comment-22323 This is quite remarkable. The man whom the Ginwala Commission described as dishonest, arrogant, reckless is appointed to replace the man whom the Ginwala Commission described as being fit for his post. The man who possibly contravened the NPA Act and the Constitution by attempting to interfere in the functioning of the NPA for political purposes is t be head of the NPA. Could anyone bring any legal action that states that Simelane is not a "fiot and proper person" for the post? The sky has indeed fallen in. Oh, and Maggs, maybe you could visit: http://www.lindt.ch/1610/1612/2053.asp This is quite remarkable. The man whom the Ginwala Commission described as dishonest, arrogant, reckless is appointed to replace the man whom the Ginwala Commission described as being fit for his post.

The man who possibly contravened the NPA Act and the Constitution by attempting to interfere in the functioning of the NPA for political purposes is t be head of the NPA.

Could anyone bring any legal action that states that Simelane is not a “fiot and proper person” for the post?

The sky has indeed fallen in.

Oh, and Maggs, maybe you could visit: http://www.lindt.ch/1610/1612/2053.asp

]]> By: mayimele http://constitutionallyspeaking.co.za/pikoli-the-npa-and-the-r7-5-million/#comment-22322 mayimele Wed, 25 Nov 2009 12:22:23 +0000 http://constitutionallyspeaking.co.za/?p=1722#comment-22322 The appointment of Menzi as the new boss of NDPP is disgusting but neither unexpected nor shocking. I mean if, people discredited people like Ranjeni Munisamy, Vusi Mona, Moe Shaik have been elevated to high and respected offices that require people of principle and honesty and we have now learned to live with them what should shock us now with this new appointment? Menzi is in the league of the foot soldiers like Frazer and his NIA Team, Lindiwe Sisulu, Mpse, Blade et al who did all the unthinkable immoral and unethical things to ensure JZ never see his day in court for their own benefits and indeed they are now reaping the benefits of their labour. Despite, this is the same man who during the Ginwala Commission it was clearly established that he did a lot of unethical things including lying to the justice Minister and the President; lying about the legal advise he received pertaining to his position regarding the management of the DPP, and his intention is to head the institution. Now we must wait for the day in which JZ is going to announce the taking of yet another high office by Mac Maharaj, Shabir Shaik, Tony Yengeni and Billy Masetlha. The appointment of Menzi as the new boss of NDPP is disgusting but neither unexpected nor shocking. I mean if, people discredited people like Ranjeni Munisamy, Vusi Mona, Moe Shaik have been elevated to high and respected offices that require people of principle and honesty and we have now learned to live with them what should shock us now with this new appointment? Menzi is in the league of the foot soldiers like Frazer and his NIA Team, Lindiwe Sisulu, Mpse, Blade et al who did all the unthinkable immoral and unethical things to ensure JZ never see his day in court for their own benefits and indeed they are now reaping the benefits of their labour. Despite, this is the same man who during the Ginwala Commission it was clearly established that he did a lot of unethical things including lying to the justice Minister and the President; lying about the legal advise he received pertaining to his position regarding the management of the DPP, and his intention is to head the institution. Now we must wait for the day in which JZ is going to announce the taking of yet another high office by Mac Maharaj, Shabir Shaik, Tony Yengeni and Billy Masetlha.

]]> By: Maggs Naidu http://constitutionallyspeaking.co.za/pikoli-the-npa-and-the-r7-5-million/#comment-22320 Maggs Naidu Wed, 25 Nov 2009 12:01:36 +0000 http://constitutionallyspeaking.co.za/?p=1722#comment-22320 Mike Atkins says: November 25, 2009 at 13:56 pm And I don't get chocolates :( Mike Atkins says:
November 25, 2009 at 13:56 pm

And I don’t get chocolates

:(

]]> By: mayimele http://constitutionallyspeaking.co.za/pikoli-the-npa-and-the-r7-5-million/#comment-22319 mayimele Wed, 25 Nov 2009 12:01:32 +0000 http://constitutionallyspeaking.co.za/?p=1722#comment-22319 Spuy, with due respect, I do not think you are correct to say there was no ground for JZ to have received a fair trial. What I am yet to see is the evidence to the allegations that he was not going to receive a fair trial. The basis upon which JZ's case was dropped defeats logic - that is until the NPA and the JZ legal team reveals everything about their representation and the content of the tapes. Despite that what we have from those snippets does not make sense - legal or common. You also do not provide any convincing argument to justify why you reach the conclusions you have advanced above. How could a case based on the illegal conduct committed more than 5 years ago be nullified by a mere conversation that took place 5 years after such an illegal conduct has been committed? How do you fall from the first step of the ladder (that is standing vertically) straight on to the fifth step? It is not only against the force of gravity as I think you can see but also against common sense and logic. Prof is right that another court could have possible granted permanent stay of prosecution but certainly not on the grounds of the innuendo you have presented in your post above. Spuy, with due respect, I do not think you are correct to say there was no ground for JZ to have received a fair trial. What I am yet to see is the evidence to the allegations that he was not going to receive a fair trial. The basis upon which JZ’s case was dropped defeats logic – that is until the NPA and the JZ legal team reveals everything about their representation and the content of the tapes. Despite that what we have from those snippets does not make sense – legal or common. You also do not provide any convincing argument to justify why you reach the conclusions you have advanced above. How could a case based on the illegal conduct committed more than 5 years ago be nullified by a mere conversation that took place 5 years after such an illegal conduct has been committed? How do you fall from the first step of the ladder (that is standing vertically) straight on to the fifth step? It is not only against the force of gravity as I think you can see but also against common sense and logic.

Prof is right that another court could have possible granted permanent stay of prosecution but certainly not on the grounds of the innuendo you have presented in your post above.

]]> By: Mike Atkins http://constitutionallyspeaking.co.za/pikoli-the-npa-and-the-r7-5-million/#comment-22317 Mike Atkins Wed, 25 Nov 2009 11:56:15 +0000 http://constitutionallyspeaking.co.za/?p=1722#comment-22317 So the fox has been put in charge of the henhouse. So the fox has been put in charge of the henhouse.

]]> By: Gwebecimele http://constitutionallyspeaking.co.za/pikoli-the-npa-and-the-r7-5-million/#comment-22314 Gwebecimele Wed, 25 Nov 2009 11:24:18 +0000 http://constitutionallyspeaking.co.za/?p=1722#comment-22314 May be Pikoli will be the new DG of Justice and roles will be reversed and we will have Pikoli vs Simelane II. May be Pikoli will be the new DG of Justice and roles will be reversed and we will have Pikoli vs Simelane II.

]]> By: New Person http://constitutionallyspeaking.co.za/pikoli-the-npa-and-the-r7-5-million/#comment-22312 New Person Wed, 25 Nov 2009 11:22:51 +0000 http://constitutionallyspeaking.co.za/?p=1722#comment-22312 Am I the only person horrified by this? http://www.news24.com/Content/SouthAfrica/Politics/1057/ed63f7052c084a69af842fd308e3245a/25-11-2009-03-10/New_NPA_boss_named Am I the only person horrified by this?
http://www.news24.com/Content/SouthAfrica/Politics/1057/ed63f7052c084a69af842fd308e3245a/25-11-2009-03-10/New_NPA_boss_named

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