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	<title>Comments on: Simelane: more unanswered questions</title>
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	<link>http://constitutionallyspeaking.co.za/simelane-more-unanswered-questions/</link>
	<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: Leigh</title>
		<link>http://constitutionallyspeaking.co.za/simelane-more-unanswered-questions/#comment-23154</link>
		<dc:creator>Leigh</dc:creator>
		<pubDate>Mon, 14 Dec 2009 12:47:31 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1742#comment-23154</guid>
		<description>This seems to be the most appropriate place to make this post as this was the last blog to deal with Simelane directly.

I was reading through the DA&#039;s affidavit a little earlier. And the content of the affidavit brought up a question: could a court possibly find that Simelane is guilty of perjury (which is a criminal offence)?

I took a fairly brief look at the requisites of the offence a bit earlier and it seems as if the State could possibly make out such a case. 

The immediate possible obstacle to a conviction on such a charge would be that one of the necessary allegations to show perjury is that the accused must have communicated a false statement under oath or affirmation during the course of a judicial proceeding. And the Ginwala inquiry was not a court of law. However, the matter of S v Carse 1967 (2) CPD at 663H-664A does not confine judicial proceedings to proceedings in courts of law. Thus if the Ginwala inquiry can fit the relatively broad definition of a judicial proceeding, then someone may wish to think seriously about pressing criminal charges against Simelane. And there is no rule to the effect that someone cannot at once be the subject of both civil and criminal litigation.</description>
		<content:encoded><![CDATA[<p>This seems to be the most appropriate place to make this post as this was the last blog to deal with Simelane directly.</p>
<p>I was reading through the DA&#8217;s affidavit a little earlier. And the content of the affidavit brought up a question: could a court possibly find that Simelane is guilty of perjury (which is a criminal offence)?</p>
<p>I took a fairly brief look at the requisites of the offence a bit earlier and it seems as if the State could possibly make out such a case. </p>
<p>The immediate possible obstacle to a conviction on such a charge would be that one of the necessary allegations to show perjury is that the accused must have communicated a false statement under oath or affirmation during the course of a judicial proceeding. And the Ginwala inquiry was not a court of law. However, the matter of S v Carse 1967 (2) CPD at 663H-664A does not confine judicial proceedings to proceedings in courts of law. Thus if the Ginwala inquiry can fit the relatively broad definition of a judicial proceeding, then someone may wish to think seriously about pressing criminal charges against Simelane. And there is no rule to the effect that someone cannot at once be the subject of both civil and criminal litigation.</p>
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		<title>By: mzo</title>
		<link>http://constitutionallyspeaking.co.za/simelane-more-unanswered-questions/#comment-23059</link>
		<dc:creator>mzo</dc:creator>
		<pubDate>Wed, 09 Dec 2009 12:53:33 +0000</pubDate>
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		<description>Indeed Mouse

It&#039;s about time we get someone who does not forget who appointed him...LOL...if that&#039;s not transformation, I don&#039;t know what is!</description>
		<content:encoded><![CDATA[<p>Indeed Mouse</p>
<p>It&#8217;s about time we get someone who does not forget who appointed him&#8230;LOL&#8230;if that&#8217;s not transformation, I don&#8217;t know what is!</p>
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		<title>By: Anonymouse</title>
		<link>http://constitutionallyspeaking.co.za/simelane-more-unanswered-questions/#comment-23057</link>
		<dc:creator>Anonymouse</dc:creator>
		<pubDate>Wed, 09 Dec 2009 12:45:17 +0000</pubDate>
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		<description>Mzo - LOL!!! ... And that kind of &#039;transformation&#039; must be aggressively done to boot!? A new (&#039;transformed&#039;) way of prosecuting crooks? Might even work.</description>
		<content:encoded><![CDATA[<p>Mzo &#8211; LOL!!! &#8230; And that kind of &#8216;transformation&#8217; must be aggressively done to boot!? A new (&#8216;transformed&#8217;) way of prosecuting crooks? Might even work.</p>
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		<title>By: mzo</title>
		<link>http://constitutionallyspeaking.co.za/simelane-more-unanswered-questions/#comment-23052</link>
		<dc:creator>mzo</dc:creator>
		<pubDate>Wed, 09 Dec 2009 11:40:11 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1742#comment-23052</guid>
		<description>Mouse

Seems to me that you are making the mistake commonly made by most of us, equating transformation to RACIAL transformation.

Transformation in this case might just mean a new &quot;transformed&quot; way of doing things - like not being involved in intelligence gathering activities etc ... or even taking orders from political masters...LOL

All of that iwll still amount to transformation in my view. Transformation does not have to be about black or white</description>
		<content:encoded><![CDATA[<p>Mouse</p>
<p>Seems to me that you are making the mistake commonly made by most of us, equating transformation to RACIAL transformation.</p>
<p>Transformation in this case might just mean a new &#8220;transformed&#8221; way of doing things &#8211; like not being involved in intelligence gathering activities etc &#8230; or even taking orders from political masters&#8230;LOL</p>
<p>All of that iwll still amount to transformation in my view. Transformation does not have to be about black or white</p>
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		<title>By: Anonymouse</title>
		<link>http://constitutionallyspeaking.co.za/simelane-more-unanswered-questions/#comment-23049</link>
		<dc:creator>Anonymouse</dc:creator>
		<pubDate>Wed, 09 Dec 2009 10:37:22 +0000</pubDate>
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		<description>Mpho - LOL!!! Just goes to show how easily the word transformation is being thrown around</description>
		<content:encoded><![CDATA[<p>Mpho &#8211; LOL!!! Just goes to show how easily the word transformation is being thrown around</p>
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		<title>By: Mpho</title>
		<link>http://constitutionallyspeaking.co.za/simelane-more-unanswered-questions/#comment-23042</link>
		<dc:creator>Mpho</dc:creator>
		<pubDate>Wed, 09 Dec 2009 07:15:03 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1742#comment-23042</guid>
		<description>Mouse, I shook my head at that one too.  Isn&#039;t he just repeating his former boss&#039;s arguments?  Oh but in that case, that would mean Simelane would need to be female!  Can we demand some gender testing?</description>
		<content:encoded><![CDATA[<p>Mouse, I shook my head at that one too.  Isn&#8217;t he just repeating his former boss&#8217;s arguments?  Oh but in that case, that would mean Simelane would need to be female!  Can we demand some gender testing?</p>
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		<title>By: Anonymouse</title>
		<link>http://constitutionallyspeaking.co.za/simelane-more-unanswered-questions/#comment-23039</link>
		<dc:creator>Anonymouse</dc:creator>
		<pubDate>Wed, 09 Dec 2009 06:03:38 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1742#comment-23039</guid>
		<description>Quoted from The Star this morning, Simelane breaking the silence: 
&#039;Responding to questions from The Star through NPA spokesman Mthunzi Mhaga, Simelane said yesterday he was undeterred by the criticism against him as he was &quot;fully alive to the fact that any appointment by the government, and in this case the president, on high-profile positions is received negatively by armchair critics - especially those who are opposed to aggressive transformation in government institutions&quot;.&#039;

My question is now: What makes his appointment more transformative than, say, that of Vusi Pikoli, Mokotedi Mpshe or any other black (male) advocate (who definitely has more experience in national prosecuting matters), so that his appointment can be said to have been made with a view to &quot;aggressive transformation&quot;? Sounds like that whole &quot;National Security&quot; argument again - the last refuge for ... (Khosi - I&#039;m not saying it!)</description>
		<content:encoded><![CDATA[<p>Quoted from The Star this morning, Simelane breaking the silence:<br />
&#8216;Responding to questions from The Star through NPA spokesman Mthunzi Mhaga, Simelane said yesterday he was undeterred by the criticism against him as he was &#8220;fully alive to the fact that any appointment by the government, and in this case the president, on high-profile positions is received negatively by armchair critics &#8211; especially those who are opposed to aggressive transformation in government institutions&#8221;.&#8217;</p>
<p>My question is now: What makes his appointment more transformative than, say, that of Vusi Pikoli, Mokotedi Mpshe or any other black (male) advocate (who definitely has more experience in national prosecuting matters), so that his appointment can be said to have been made with a view to &#8220;aggressive transformation&#8221;? Sounds like that whole &#8220;National Security&#8221; argument again &#8211; the last refuge for &#8230; (Khosi &#8211; I&#8217;m not saying it!)</p>
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		<title>By: Moralo Lerumo</title>
		<link>http://constitutionallyspeaking.co.za/simelane-more-unanswered-questions/#comment-23028</link>
		<dc:creator>Moralo Lerumo</dc:creator>
		<pubDate>Tue, 08 Dec 2009 15:49:45 +0000</pubDate>
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		<description>@GOGO

I am not English speaking person and will never be one.

For that matter, i can speak and write proper Setswana, Zulu and Xhosa. I do not laugh to people who can&#039;t express themselves in english, because i understand it&#039;s not their home languange.

My massage is loud and clear.</description>
		<content:encoded><![CDATA[<p>@GOGO</p>
<p>I am not English speaking person and will never be one.</p>
<p>For that matter, i can speak and write proper Setswana, Zulu and Xhosa. I do not laugh to people who can&#8217;t express themselves in english, because i understand it&#8217;s not their home languange.</p>
<p>My massage is loud and clear.</p>
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		<title>By: Leigh</title>
		<link>http://constitutionallyspeaking.co.za/simelane-more-unanswered-questions/#comment-23025</link>
		<dc:creator>Leigh</dc:creator>
		<pubDate>Tue, 08 Dec 2009 12:30:43 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1742#comment-23025</guid>
		<description>It is exceptionally difficult to be optimistic in this country. The basic reason boils down to two misconceptions which are very popular in this country. The first is that people just do not seem to understand the rule of law. But in the hope that this pivotally important concept can be rendered more accessible, I will say this: country A (a constitutional democracy) has a rule against selling cocaine. However, the popular leader of the country makes a habit of selling some every while or so. That leader&#039;s popularity does not change the nature of his behaviour and thus does not relieve commentators of justification for reproaching him on various drug-related grounds. 

The second misconception is that many of the more short-sighted South Africans just do not understand the nature of insidious harm. But in the hope that such harm is rendered a little clearer: a cancer is easier to deal with if it is tackled early on. The complete contempt that Zuma and his set show for the rule of law in this country is a cancer. And if we do not deal with this now, we could find ourselves in a disastrous predicament in time.</description>
		<content:encoded><![CDATA[<p>It is exceptionally difficult to be optimistic in this country. The basic reason boils down to two misconceptions which are very popular in this country. The first is that people just do not seem to understand the rule of law. But in the hope that this pivotally important concept can be rendered more accessible, I will say this: country A (a constitutional democracy) has a rule against selling cocaine. However, the popular leader of the country makes a habit of selling some every while or so. That leader&#8217;s popularity does not change the nature of his behaviour and thus does not relieve commentators of justification for reproaching him on various drug-related grounds. </p>
<p>The second misconception is that many of the more short-sighted South Africans just do not understand the nature of insidious harm. But in the hope that such harm is rendered a little clearer: a cancer is easier to deal with if it is tackled early on. The complete contempt that Zuma and his set show for the rule of law in this country is a cancer. And if we do not deal with this now, we could find ourselves in a disastrous predicament in time.</p>
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		<title>By: Gwebecimele</title>
		<link>http://constitutionallyspeaking.co.za/simelane-more-unanswered-questions/#comment-23024</link>
		<dc:creator>Gwebecimele</dc:creator>
		<pubDate>Tue, 08 Dec 2009 12:12:24 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1742#comment-23024</guid>
		<description>http://www.news24.com/Content/SouthAfrica/Politics/1057/a8c8f658c04144808088428f12c90f4b/08-12-2009-02-32/Zuma_more_popular_than_ever


After all this noise, I wonder when was this survey done. Someone is missing the point and there is no prize for guessing who it is?</description>
		<content:encoded><![CDATA[<p><a href="http://www.news24.com/Content/SouthAfrica/Politics/1057/a8c8f658c04144808088428f12c90f4b/08-12-2009-02-32/Zuma_more_popular_than_ever" rel="nofollow">http://www.news24.com/Content/SouthAfrica/Politics/1057/a8c8f658c04144808088428f12c90f4b/08-12-2009-02-32/Zuma_more_popular_than_ever</a></p>
<p>After all this noise, I wonder when was this survey done. Someone is missing the point and there is no prize for guessing who it is?</p>
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