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	<title>Comments on: Shaiking all over</title>
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	<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/shaiking-all-over/#comment-19813</link>
		<dc:creator>Maggs Naidu</dc:creator>
		<pubDate>Tue, 06 Oct 2009 10:30:39 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1542#comment-19813</guid>
		<description>The Big Slipper says:
October 5, 2009 at 22:02 pm

&quot;What are your thoughts on Mo &#039;Zero to Hero in a Day&#039; Shaik being appointed to head up a very powerful secret service agency?&quot;

Eish!

Spying on foreigners out of South Africa is hardly a &quot;powerful secret service agency&quot;.

Maybe he is gonna tell on South Africans who have undeclared offshore bank accounts.

It&#039;s much better than keeping him here spreading silly stories - rather keep him busy keeping an eye on Brother Leader&#039;s strategy of liberating the women of Italy.</description>
		<content:encoded><![CDATA[<p>The Big Slipper says:<br />
October 5, 2009 at 22:02 pm</p>
<p>&#8220;What are your thoughts on Mo &#8216;Zero to Hero in a Day&#8217; Shaik being appointed to head up a very powerful secret service agency?&#8221;</p>
<p>Eish!</p>
<p>Spying on foreigners out of South Africa is hardly a &#8220;powerful secret service agency&#8221;.</p>
<p>Maybe he is gonna tell on South Africans who have undeclared offshore bank accounts.</p>
<p>It&#8217;s much better than keeping him here spreading silly stories &#8211; rather keep him busy keeping an eye on Brother Leader&#8217;s strategy of liberating the women of Italy.</p>
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		<title>By: Sne</title>
		<link>http://constitutionallyspeaking.co.za/shaiking-all-over/#comment-19806</link>
		<dc:creator>Sne</dc:creator>
		<pubDate>Tue, 06 Oct 2009 08:54:51 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1542#comment-19806</guid>
		<description>In Lesala v S the Northern Cape High Court held at para 26, per Kgomo JP;

&quot;As Slomiwitz AJ said in S v Kubeka 1982(1) SA 534 (W) at 538G that we “subscribe to the view that in the search for the truth it is better that the guilty [accused] should go free than that an innocent [one] should be punished.” On that basis the appellant is given the benefit of the doubt and must walk.&quot;
...............................................................................................

I advocating for more police powers in order to fight crime I wish we could have regard to these words quoted above.</description>
		<content:encoded><![CDATA[<p>In Lesala v S the Northern Cape High Court held at para 26, per Kgomo JP;</p>
<p>&#8220;As Slomiwitz AJ said in S v Kubeka 1982(1) SA 534 (W) at 538G that we “subscribe to the view that in the search for the truth it is better that the guilty [accused] should go free than that an innocent [one] should be punished.” On that basis the appellant is given the benefit of the doubt and must walk.&#8221;<br />
&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..</p>
<p>I advocating for more police powers in order to fight crime I wish we could have regard to these words quoted above.</p>
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		<title>By: Leigh</title>
		<link>http://constitutionallyspeaking.co.za/shaiking-all-over/#comment-19801</link>
		<dc:creator>Leigh</dc:creator>
		<pubDate>Tue, 06 Oct 2009 06:59:26 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1542#comment-19801</guid>
		<description>I think the Professor makes a fair point: this Shaik character has, at the least, demonstrated that he will favour the interests of a political party in a partisan way. And that of course should disqualify him from appointment given that it appears to fall foul of section 199(7). 

But all of this is unsurprising. And that is perhaps the saddest observation: ardent and even blind partisanship is the melody with which many prominent ANC loyalists are most comfortable.

On a somewhat different (if fairly related) note: I wonder what a young and idealistic Zuma would have to say about the man he is today? Would he commend his older counterpart&#039;s loyalty to his friends? Or would he despair? I suppose the one could only ever speculate. But I would love to hear an answer.</description>
		<content:encoded><![CDATA[<p>I think the Professor makes a fair point: this Shaik character has, at the least, demonstrated that he will favour the interests of a political party in a partisan way. And that of course should disqualify him from appointment given that it appears to fall foul of section 199(7). </p>
<p>But all of this is unsurprising. And that is perhaps the saddest observation: ardent and even blind partisanship is the melody with which many prominent ANC loyalists are most comfortable.</p>
<p>On a somewhat different (if fairly related) note: I wonder what a young and idealistic Zuma would have to say about the man he is today? Would he commend his older counterpart&#8217;s loyalty to his friends? Or would he despair? I suppose the one could only ever speculate. But I would love to hear an answer.</p>
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		<title>By: khosi</title>
		<link>http://constitutionallyspeaking.co.za/shaiking-all-over/#comment-19798</link>
		<dc:creator>khosi</dc:creator>
		<pubDate>Tue, 06 Oct 2009 03:24:08 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1542#comment-19798</guid>
		<description>Thabo Mbeki is retired and he is busy setting up an African Leadership Institute.</description>
		<content:encoded><![CDATA[<p>Thabo Mbeki is retired and he is busy setting up an African Leadership Institute.</p>
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		<title>By: Kameraad Mhambi</title>
		<link>http://constitutionallyspeaking.co.za/shaiking-all-over/#comment-19795</link>
		<dc:creator>Kameraad Mhambi</dc:creator>
		<pubDate>Mon, 05 Oct 2009 20:40:35 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1542#comment-19795</guid>
		<description>This is a little review of Johnstone&#039;s book from politics web - it covers Modise , but theres a whole section on Ngcuca and Hefer as well.

&lt;i&gt;&quot;For someone now more read abroad than in South Africa (principally in the London Sunday Times and the London Review of Books), this new book will prove ground-breaking for South African readers, who are more accustomed to references to Johnson as &quot;conservative&quot; or &quot;controversial&quot; (these are among the more kindly epithets) than to his writing itself.

In a long (there are almost 700 pages) and well referenced book, both up-to-date (the preface is dated last November) and full of riches, I will refer only to two principal themes.

The first is Joe Modise, commander of Umkhonto weSizwe in exile and Minister of Defence in South Africa&#039;s first democratic government. Chapter 2 of Johnson&#039;s book is headed &quot;Godfathers and Assassins&quot;, meaning &quot;godfather&quot; as in Corleone. A chilling chapter sub-heading reads: &quot;Joe Modise - Father of the New South Africa&quot;.

Johnson follows Modise&#039;s career from township crime boss (head of the Spoilers) in Alexandra, east of Johannesburg, in the Fifties, through strongarm protector of Nelson Mandela and Oliver Tambo in ANC politics in Johannesburg in the Fifties, to Umkhonto commander in exile in Zambia in the Sixties...to founder of the ANC&#039;s system of prison camps for dissidents and suspected apartheid state agents in a whole string of African states (principally its Gulag, Quatro, in northern Angola) ... to ANC crime boss in exile, supervising the traffic south of drugs and gems, and the traffic north of stolen &quot;German take-aways&quot; (Mercs and BMWs) ... to guerrilla leader who operated &quot;hand in glove with the apartheid security police for years&quot; (p.39) ... to the great spider at the centre of the web of the state arms deal of the 1990s, of which he was a principal beneficiary.

Johnson regards the Mbeki presidency in large part as a function of the Modise power nexus.

His effort to establish a possible link of some kind between Modise&#039;s intelligence &quot;Family&quot; and the assassination in 1993 of the former Umkhonto chief of staff, Chris Hani - a rival for Modise&#039;s subsequent post as Defence Minister, and of Mbeki to become Mandela&#039;s successor as President, a rival whom Modise had tried to have executed in Zambia in 1969 for writing a critical remonstrance stressing his high living and cruelty - does not provide enough evidence to convict, whether in a court of law or (yet) the court of history.

No other book yet written, however, brings together so much evidence of the political crime network that South Africa inherited with the return of the exiles. A turf war between competing exile syndicates, each located in different branches of Umkhonto weSizwe, is suggested as one of the underlying themes in the Zuma/Mbeki conflict at the ANC national conference at Polokwane in December 2007, and from both before then and continuing up to now.

The book provides clues as to the historical genesis of a matter as central as the subject of last Sunday&#039;s editorial in City Press. This stated: &quot;The security forces seem to be seriously compromised. They seem to be divided between those loyal to Zuma and those against him. There is a need for a clean-up operation that will ensure that these agencies just do their work without meddling in politics.&quot; (5 April 2009.) No other book provides such clues about the history and nature of these competing &quot;families&quot; of spooks within the ANC, with &quot;security&quot; the crucial agency which controlled the criminal networks in exile and set the conditions for the arms deal.

In this light, Zuma&#039;s accession to Presidency of the state as former head of one of these ongoing secret intelligence networks is no small potatoes.&lt;/i&gt;

http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page72308?oid=124114&amp;sn=Marketingweb%20detail</description>
		<content:encoded><![CDATA[<p>This is a little review of Johnstone&#8217;s book from politics web &#8211; it covers Modise , but theres a whole section on Ngcuca and Hefer as well.</p>
<p><i>&#8220;For someone now more read abroad than in South Africa (principally in the London Sunday Times and the London Review of Books), this new book will prove ground-breaking for South African readers, who are more accustomed to references to Johnson as &#8220;conservative&#8221; or &#8220;controversial&#8221; (these are among the more kindly epithets) than to his writing itself.</p>
<p>In a long (there are almost 700 pages) and well referenced book, both up-to-date (the preface is dated last November) and full of riches, I will refer only to two principal themes.</p>
<p>The first is Joe Modise, commander of Umkhonto weSizwe in exile and Minister of Defence in South Africa&#8217;s first democratic government. Chapter 2 of Johnson&#8217;s book is headed &#8220;Godfathers and Assassins&#8221;, meaning &#8220;godfather&#8221; as in Corleone. A chilling chapter sub-heading reads: &#8220;Joe Modise &#8211; Father of the New South Africa&#8221;.</p>
<p>Johnson follows Modise&#8217;s career from township crime boss (head of the Spoilers) in Alexandra, east of Johannesburg, in the Fifties, through strongarm protector of Nelson Mandela and Oliver Tambo in ANC politics in Johannesburg in the Fifties, to Umkhonto commander in exile in Zambia in the Sixties&#8230;to founder of the ANC&#8217;s system of prison camps for dissidents and suspected apartheid state agents in a whole string of African states (principally its Gulag, Quatro, in northern Angola) &#8230; to ANC crime boss in exile, supervising the traffic south of drugs and gems, and the traffic north of stolen &#8220;German take-aways&#8221; (Mercs and BMWs) &#8230; to guerrilla leader who operated &#8220;hand in glove with the apartheid security police for years&#8221; (p.39) &#8230; to the great spider at the centre of the web of the state arms deal of the 1990s, of which he was a principal beneficiary.</p>
<p>Johnson regards the Mbeki presidency in large part as a function of the Modise power nexus.</p>
<p>His effort to establish a possible link of some kind between Modise&#8217;s intelligence &#8220;Family&#8221; and the assassination in 1993 of the former Umkhonto chief of staff, Chris Hani &#8211; a rival for Modise&#8217;s subsequent post as Defence Minister, and of Mbeki to become Mandela&#8217;s successor as President, a rival whom Modise had tried to have executed in Zambia in 1969 for writing a critical remonstrance stressing his high living and cruelty &#8211; does not provide enough evidence to convict, whether in a court of law or (yet) the court of history.</p>
<p>No other book yet written, however, brings together so much evidence of the political crime network that South Africa inherited with the return of the exiles. A turf war between competing exile syndicates, each located in different branches of Umkhonto weSizwe, is suggested as one of the underlying themes in the Zuma/Mbeki conflict at the ANC national conference at Polokwane in December 2007, and from both before then and continuing up to now.</p>
<p>The book provides clues as to the historical genesis of a matter as central as the subject of last Sunday&#8217;s editorial in City Press. This stated: &#8220;The security forces seem to be seriously compromised. They seem to be divided between those loyal to Zuma and those against him. There is a need for a clean-up operation that will ensure that these agencies just do their work without meddling in politics.&#8221; (5 April 2009.) No other book provides such clues about the history and nature of these competing &#8220;families&#8221; of spooks within the ANC, with &#8220;security&#8221; the crucial agency which controlled the criminal networks in exile and set the conditions for the arms deal.</p>
<p>In this light, Zuma&#8217;s accession to Presidency of the state as former head of one of these ongoing secret intelligence networks is no small potatoes.</i></p>
<p><a href="http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page72308?oid=124114&amp;sn=Marketingweb%20detail" rel="nofollow">http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page72308?oid=124114&amp;sn=Marketingweb%20detail</a></p>
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		<title>By: Kameraad Mhambi</title>
		<link>http://constitutionallyspeaking.co.za/shaiking-all-over/#comment-19794</link>
		<dc:creator>Kameraad Mhambi</dc:creator>
		<pubDate>Mon, 05 Oct 2009 20:31:06 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1542#comment-19794</guid>
		<description>As sexy as I am?? 

Anyway - I am no great fan of the Shaiks as posts like these will attest

http://mhambi.com/2009/08/shabir-shaik-spotted-driving-in-durban-video/

and neither do I defend the ANC - for example

http://mhambi.com/2009/10/is-the-anc-responsible-for-the-attacks-on-abahlali-basemjondolo/

I have however on many occasions argued that Zuma is preferable to Mbeki (between the devil and the deep blue sea), and so far I think I was right.

However, Bulelani Ngcuka is no angel. He was an ally of Thabo Mbeki and clearly was instrumental at trying to prevent Zuma from being president, even if it meant abusing his powers - and at the same time he protected the Mbeki ANC from serious scrutiny on many fronts.

Johnstone is neither a friend of the ANC. I don&#039;t find the case that Johnstone makes completely convincing but he asks some searching questions with respect to the likes of Joe Modise and Ngcuka. Hefer turned out to be wrong on many counts and so was the SA media - what I am saying is - don&#039;t count your chickens.</description>
		<content:encoded><![CDATA[<p>As sexy as I am?? </p>
<p>Anyway &#8211; I am no great fan of the Shaiks as posts like these will attest</p>
<p><a href="http://mhambi.com/2009/08/shabir-shaik-spotted-driving-in-durban-video/" rel="nofollow">http://mhambi.com/2009/08/shabir-shaik-spotted-driving-in-durban-video/</a></p>
<p>and neither do I defend the ANC &#8211; for example</p>
<p><a href="http://mhambi.com/2009/10/is-the-anc-responsible-for-the-attacks-on-abahlali-basemjondolo/" rel="nofollow">http://mhambi.com/2009/10/is-the-anc-responsible-for-the-attacks-on-abahlali-basemjondolo/</a></p>
<p>I have however on many occasions argued that Zuma is preferable to Mbeki (between the devil and the deep blue sea), and so far I think I was right.</p>
<p>However, Bulelani Ngcuka is no angel. He was an ally of Thabo Mbeki and clearly was instrumental at trying to prevent Zuma from being president, even if it meant abusing his powers &#8211; and at the same time he protected the Mbeki ANC from serious scrutiny on many fronts.</p>
<p>Johnstone is neither a friend of the ANC. I don&#8217;t find the case that Johnstone makes completely convincing but he asks some searching questions with respect to the likes of Joe Modise and Ngcuka. Hefer turned out to be wrong on many counts and so was the SA media &#8211; what I am saying is &#8211; don&#8217;t count your chickens.</p>
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		<title>By: Dave A</title>
		<link>http://constitutionallyspeaking.co.za/shaiking-all-over/#comment-19793</link>
		<dc:creator>Dave A</dc:creator>
		<pubDate>Mon, 05 Oct 2009 20:26:36 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1542#comment-19793</guid>
		<description>And yet again the questionable moves come on a Friday!

What is it with the &lt;b&gt;Friday&lt;/b&gt; announcements of all these things that deserve a good roasting? 

Not merely to prevent giving current ammunition to madam Zille for her habitual Friday carp, surely? That would be tacit acknowledgement that madam Zille might be vaguely credible.

The weekend press is less influential than the weekday press? The Sunday press seems to have more column inches of comment and analysis than during the week to my mind. They must relish the opportunity for something fresh to thrash.

Is it that any further statements and explanations can be ducked for two days at least? That way by the time any questions &lt;b&gt;have&lt;/b&gt; to be answered or ruffled feathers smoothed, there are two days of data and time to figure out what might be needed to smooth the whole thing over. (Or coach bra Julius to say something distractingly outrageous).

Whatever it is, it can&#039;t be accidental anymore.</description>
		<content:encoded><![CDATA[<p>And yet again the questionable moves come on a Friday!</p>
<p>What is it with the <b>Friday</b> announcements of all these things that deserve a good roasting? </p>
<p>Not merely to prevent giving current ammunition to madam Zille for her habitual Friday carp, surely? That would be tacit acknowledgement that madam Zille might be vaguely credible.</p>
<p>The weekend press is less influential than the weekday press? The Sunday press seems to have more column inches of comment and analysis than during the week to my mind. They must relish the opportunity for something fresh to thrash.</p>
<p>Is it that any further statements and explanations can be ducked for two days at least? That way by the time any questions <b>have</b> to be answered or ruffled feathers smoothed, there are two days of data and time to figure out what might be needed to smooth the whole thing over. (Or coach bra Julius to say something distractingly outrageous).</p>
<p>Whatever it is, it can&#8217;t be accidental anymore.</p>
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		<title>By: The Big Slipper</title>
		<link>http://constitutionallyspeaking.co.za/shaiking-all-over/#comment-19792</link>
		<dc:creator>The Big Slipper</dc:creator>
		<pubDate>Mon, 05 Oct 2009 20:02:14 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1542#comment-19792</guid>
		<description>Kameraad, by the logic applied by the ANC, whom I gather you support, Ngcuka is innocent, by virtue of the fact that he has never been found guilty of anything in a court of law. Additionally, I would say that finding claims &quot;unfounded&quot; with &quot;no proof&quot; is as good as stating innocence, no? You cannot claim that he has abused his office, because he never went on trial for it, and was never found guilty.

What are your thoughts on Mo &quot;Zero to Hero in a Day&quot; Shaik being appointed to head up a very powerful secret service agency?</description>
		<content:encoded><![CDATA[<p>Kameraad, by the logic applied by the ANC, whom I gather you support, Ngcuka is innocent, by virtue of the fact that he has never been found guilty of anything in a court of law. Additionally, I would say that finding claims &#8220;unfounded&#8221; with &#8220;no proof&#8221; is as good as stating innocence, no? You cannot claim that he has abused his office, because he never went on trial for it, and was never found guilty.</p>
<p>What are your thoughts on Mo &#8220;Zero to Hero in a Day&#8221; Shaik being appointed to head up a very powerful secret service agency?</p>
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		<title>By: sirjay jonson</title>
		<link>http://constitutionallyspeaking.co.za/shaiking-all-over/#comment-19790</link>
		<dc:creator>sirjay jonson</dc:creator>
		<pubDate>Mon, 05 Oct 2009 19:21:08 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1542#comment-19790</guid>
		<description>Kameraad, bullshit!  More spin from someone who should know better.  What is your intent?  As sexy as you are.  Is it South Africa, or is it personal?

Big Slipper:  good on ya man.

I&#039;m getting very frustrated.  The hogwash and all, otherwise known as ignorance.

we talk, we talk. 

What about the children?</description>
		<content:encoded><![CDATA[<p>Kameraad, bullshit!  More spin from someone who should know better.  What is your intent?  As sexy as you are.  Is it South Africa, or is it personal?</p>
<p>Big Slipper:  good on ya man.</p>
<p>I&#8217;m getting very frustrated.  The hogwash and all, otherwise known as ignorance.</p>
<p>we talk, we talk. </p>
<p>What about the children?</p>
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		<title>By: Kameraad Mhambi</title>
		<link>http://constitutionallyspeaking.co.za/shaiking-all-over/#comment-19788</link>
		<dc:creator>Kameraad Mhambi</dc:creator>
		<pubDate>Mon, 05 Oct 2009 18:35:16 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1542#comment-19788</guid>
		<description>&quot;As PdV points out, Shaik has already, on his own admission, tried to throw an innocent man under the bus in order to protect JZ.&quot;

The Big Slipper. Ngcuka is no innocent party. And Hefer did not pronounce him innocent either. He found that the claims were unfounded and there was no proof. It is clear that he abused his position as Head of public prosecutions - while the media and most of middle class SA swallowed this rouse hook line and sinker. Hefer&#039;s decision looks pretty lame in the context of what transpired afterward don&#039;t you think?

RW Johstone, ex head of the Helen Suzman foundation - in his recent book - makes the case that Ngcuka has a major case to answer for being connected to the apartheid authorities. This matter is not clear cut at all.</description>
		<content:encoded><![CDATA[<p>&#8220;As PdV points out, Shaik has already, on his own admission, tried to throw an innocent man under the bus in order to protect JZ.&#8221;</p>
<p>The Big Slipper. Ngcuka is no innocent party. And Hefer did not pronounce him innocent either. He found that the claims were unfounded and there was no proof. It is clear that he abused his position as Head of public prosecutions &#8211; while the media and most of middle class SA swallowed this rouse hook line and sinker. Hefer&#8217;s decision looks pretty lame in the context of what transpired afterward don&#8217;t you think?</p>
<p>RW Johstone, ex head of the Helen Suzman foundation &#8211; in his recent book &#8211; makes the case that Ngcuka has a major case to answer for being connected to the apartheid authorities. This matter is not clear cut at all.</p>
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