Constitutional Hill

Sometimes “law fare” is needed to protect democracy

The warning by Judge Dennis Davis against the “politicisation” of the courts — issued in his judgment about the refusal of Parliament to debate a vote of no confidence in President Jacob Zuma – is both timely and well worth heeding. However, there is a danger that politicians who wish to close down the democratic space, will exploit (or deliberately misinterpret) this insight. It is therefore important to clarify what Judge Davis meant. Unfortunately Steven Friedman, in a recent column, appeared to have done the opposite.

In his judgment, Davis emphasised that in a constitutional democracy courts do not and should not run the country. Davis confirmed the principle that courts exist to police the constitutional boundaries and have a clear role to enforce the Constitution without fear or favour where the constitutional boundaries are breached. But he continued by warning:

There is a danger in South Africa however of the politicisation of the judiciary, drawing the judiciary into every and all political disputes, as if there is no other forum to deal with a political impasse relating to  policy, or disputes which clearly carry polycentric consequences beyond the  scope of adjudication.

Steven Friedman applauded these comments, and bemoaned the fact that politicians and “well-heeled interest groups and individuals” seem to feel that any political decision they dislike should be settled by the courts. Friedman argued that there is a danger in groups seeking to win in courts what has been lost in democratic politics.

When courts are asked to overturn government appointments that minority parties dislike, there is a danger that the idea of rights will become discredited because they will be seen as a means of allowing minorities to dictate to the majority. Friedman distinguishes between going to court to enforce rights, on the one hand, and going to court to challenge politically unpalatable decisions, on the other, arguing that the former is important while the latter is problematic.

To object to this trend is not to argue for a simple majority principle in which those who are elected can do as they please. It is, rather, to insist that the core principle of constitutional democracy — that we all have rights no majority can violate — is far too important to be turned into an instrument to change government decisions that don’t infringe on anyone’s rights.

Those who use courts to fight political battles rather than to defend basic rights, signal that they see the constitution as a means to thwart democracy rather than to defend it, as a means to overturn majority decisions rather than to defend the rights of majority and minority alike. The lawyers and jurists who defend this, signal that they do not see constitutions and courts which enforce them as a means to allow everyone a say, but as instruments to ensure that, as far as possible, only lawyers and judges have a say.

I agree with both Davis and Friedman that it is problematic that many South Africans see courts as a first rather than a last resort. Instead of doing the hard work of mobilising public opinion in support of a position, some people rush to the courts at the drop of a hat in the hope that the court will overturn a decision that they do not like. This places strain on the judiciary, who runs the risk of being politicised.

Judges are unelected and are often attacked or criticised when they rule against the government. (This happens in any democracy, and is far from unique to South Africa.) Judges cannot normally defend themselves against such attacks and their credibility and legitimacy can easily be eroded by these self-serving attacks by politicians and their supporters. A hasty resort to the courts also diminishes democratic contestation because those who rush to the courts in this manner do not feel the need to make their case to the voters who voted for the party in government, the very government who has made the decision being attacked.

But I disagree with Friedman when he argues that we should only approach courts when our rights are being infringed. In a one party dominant democracy, in which one political party enjoys overwhelming support from those voters who care to vote, the governing party will almost always be tempted to undermine the independent institutions (like the National Prosecuting Authority, the Chapter 9 institutions and the judiciary) in an attempt to consolidate its power and shield it from accountability. It will also be tempted to ignore the laws of the land and the specific injunctions in the Constitution in order to make it more difficult for ordinary citizens freely to exercise their democratic rights.

In a constitutional democracy, a Constitution is not only important because it guarantees and protects the human rights of everyone. The Constitution is also important because it sets out the rules of political engagement and limits the powers of the executive and the legislature, both procedurally and substantively, in order to ensure a level political playing field. Where a majority party flouts the provisions of the Constitution and sets out to ignore or actively to undermine the checks and balances contained in the Constitution, this poses a grave danger to democracy. These checks and balances limit the ability of transient majorities to abuse their power and to exploit their majority position to close down democratic space. But it is not unheard of that the law and the Constitution will be flouted to shield the majority party and its leaders from accountability and from possible criminal prosecution.

When this is done and where the courts do not intervene, democratic accountability itself disappears and the political playing field is tilted in favour of those in power, making it far more difficult for minority parties to engage fairly in political contestation and further entrenching the position of the majority party.

So, when the Constitution establishes an independent National Prosecuting Authority (NPA) and where legislation duly passed by a democratic legislature requires the head of the NPA to be a fit and proper person with the necessary integrity to ensure this independence is respected, what is to be done if the President appoints a person as head of the NPA in order to protect him and his cronies from prosecution? What happens if the appointee does not comply with the minimum criteria set out in the legislation? Surely, a court is then required to enforce the Constitution and the law and to declare such an appointment invalid.

Yes, such decisions will put strain on the courts, but this strain is caused by the decisions of the President aimed at entrenching his power and skirting accountability — not by those who approach the court to enforce the Constitution and the law. In such cases the courts are between a rock and a hard place. If they do not act, they acquiesce in the subversion of the law and eventually our democracy. If they do act, they will be accused of making “political” decisions.

Courts can be shielded, to some extent at least, from the fall-out that will result from their willingness to protect the democratic space. This can be done if those fighting to preserve the democratic space and to counter the potential abuse of power by politicians serving long stints in government, use the courts strategically. As the Treatment Action Campaign (TAC) demonstrated, one can use litigation to help mobilise public support for an important cause through campaigns, petitions and marches.

If one is successful in mobilising public support, one shields the court from the fall-out of the eventual court judgment. By the time the Constitutional Court ruled in favour of the TAC, Thabo Mbeki had lost the argument about HIV inside his party and his government had already announced that it would change its HIV prevention and treatment strategy. If the TAC had only rushed to the courts and had not used the litigation process to gain wider support for its position, it would have been politically far more difficult for the Constitutional Court to declare the government’s HIV policy unconstitutional.

Judges on their own cannot preserve the democratic space if lazy or passive citizens are not able and willing to get their hands dirty, to organise, to mobilise, to advance their interests. Courts are just one of many mechanism at our disposal in a constitutional democracy to prevent the abuse of power and to protect the democratic space itself. When we solely rely on the courts, we expose the judiciary to political pressures that they might not be able to withstand.

  • Maggs Naidu – (maggsnaidu@hotmail.com) – Zuma MUST go!
  • khosi

    The Treatment Action Campaign won their argument on 23 April 1984.

  • Maggs Naidu – (maggsnaidu@hotmail.com) – Zuma MUST go!
  • Andresj

    Spot On Prof! The balance in your article is excellent. As citizenry we cannot leave responsibility to the courts alone to defend our rights, the constitution and democracy (though many will argue that in South Africa, it is Monocracy rather than Democracy). That responsibility should essentially lie in the power of the vote the citizenry possess. It is a pity that in a welfare state the ANC has created, it is difficult to exercise this power for various reasons including, ignorance and lack of understanding of how Democracy/Monocracy work among largely illiterate to semi-literate majority in the citizenry. Others have argued that the ANC is interfering with the education system to keep it inferior and mess it up to prevent the citizenry and the future voters to be clever enough to vote them out. In the final analysis, the court should be the last resort in the settlement/adjudication of disputes between public representatives, executive and government and the citizenry in matters relating to the constitution defense, protection of rights and entrenchment of the democracy/monocracy as well as protection of the judiciary and the courts themselves. Otherwise we are in danger of always having the likes of Zuma and Simelane rammed down our throats

  • Andresj

    I also like the comment made by JoeVoter in Friedman’s article: “In addition to the a foregoing points such as rights of individuals and minorities – if this is not important why have a constitution and at all and not go back to everything decided by the executive as in the apartheid days – may I add the following: South Africa is a young democracy (well in name anyway) and should expect more court actions to define the constitution and procedure. If this embarrasses judges before the executive so be it. Is it because Friedman and Davis are known to have left wing views that they feel particularly embarrassed before the present government? . Do Friedman and Davis think the opposition were incorrect to get the NPA appointments defined as legally irrational? Were they incorrect to go after Zuma for corruption? Is Friedman quite comfortable with a president who might well be corrupt? There doesn’t appear to have been much in the way of similar objections coming out of the Court of Appeal which is probably why there are moves afoot to scrap it which is a far more worrying development than Friedman’s or Davis’ objections. In fact if I understand correctly , Davis is in favour of diluting the Court of Appeals’ significance with subdivisions such as the Labour Court of Appeal. There may well be a problem of the endless time for issues to be settled – but then perhaps lawyers themselves are to blame for all the procedural or should I say “Stalingrad” holdups which are possible. In addition it is the lack of reasonableness of the executive in stifling debate, in not answering parliamentary questions or sometimes simply not turning up which results in court actions. Sleight of hand in getting a no confidence debate postponed until after the election of the president (it should be remembered by a minority of ANC party members and not all the citizens of the country – a constit utional flaw in my view) may well be a parliamentary trick but perhaps we should get such unreasonableness removed early in our democracy and not follow the damaging US filibuster model. Should these matters of procedure always have to go to the constitutional court? I have not read Davis’ judgement but this unreasonable behaviour by the executive should perhaps not just be euphemistically dismissed as ‘flaws in the rules of parliament’. Finally There is the spoken and unspoken fear that all this court action might lead to unsophisticated citizens or (more likely) malicious politicians disregarding the courts. To blame the opposition for this is like blaming the victim for rape. What we need are courageous and possibly less ambitious judges”

  • Chris (not the right wing guy!)

    “But I disagree with Friedman when he argues that we should only approach courts when our rights are being infringed.”

    Even if we accept Friedman’s argument in this regard, we certainly have a right that the NDPP is a fit and proper person, that the independent institutions and Chapter 9 institutions are not undermined, ect. If Parliament does not function properly it is an infringement of my rights.

  • http://www.ozoneblue.co.za ozoneblue

    I totally agree with Friedman. And can understand why a broederbond dropout would want to govern by abusing our constitution, our rights and our courts.

  • Mikhail Dworkin Fassbinder

    I support an activist judiciary. When a judge decides to do nothing, he is still deciding. What bothers me is that so many of these “lawfare” cases involve our democratic government being overturned by liberal judges in litigation mounted by WHITIST NGO’s, busybodies etc, and white-men-with-fax machines.

    These so-called “civil society” organisations are in many case funded by foreign agents and neo-imperialists. That is why I demand rapid TRANSFORMATION!

    Thanks.

  • http://www.ozoneblue.co.za ozoneblue

    @mfd

    You know the tale about crying wolf. They are crying wolf almost daily now and nobody gives a shit anymore.

  • Maggs Naidu – (maggsnaidu@hotmail.com) – Zuma MUST go!

    Hmmm!

    Dalai Lama: Appeals court rules SA govt acted unlawfully
    29 Nov 2012 12:41 – Sapa

    The government acted unlawfully in delaying a decision on a visa application by the Dalai Lama, the Supreme Court of Appeal has held.

    It concluded on Thursday that former home affairs minister Nkosazana Dlamini-Zuma unreasonably delayed the decision.

    http://mg.co.za/article/2012-11-29-dalai-lama-appeals-court-rules-sa-govt-was-unlawful

  • Mikhail Dworkin Fassbinder

    @ Maggs

    “Dalai Lama: Appeals court rules SA govt acted unlawfully”

    I am disappointed that the SCA has once again offended the People’s Republic of China by siding with a reactionary neo-Feudal obscurationist so-called “Dali Llama.” This only makes my demand for TRANSFORMATION all the more imperative!

    Thanks.

  • Maggs Naidu – (maggsnaidu@hotmail.com) – Zuma MUST go!

    Mikhail Dworkin Fassbinder
    November 29, 2012 at 14:29 pm

    Dworky,

    “so-called “Dali Llama.” ”

    Me and Trevor Manuel don’t know “who is the Dalai Lama”.

    With a name like that he must be a Trojan Horse from Peru!

  • Jeffman

    @ Mikhail Dworkin Fassbinder.
    Your inane pseudo intellectual attempts to continiously defend the indefensible stupidity of the ANC government are really quite tiresome , although sometimes amusing. I would like to know, are you paid by the ANC to be a troll on this website, or do you do so freely and voluntarily? As you are clearly a person of some intellect, one wonders what motivates you to do so, if not monetary reward? Pray tell us…..

    ” Thanks”

  • Vuyo

    “Thabo Mbeki had lost the argument about HIV inside his party and his government had already announced that it would change its HIV prevention and treatment strategy”

    Strange statement. The HIV/Aids comprehensive strategy in my possession is date 2000 and 2006, and refers to the evolution of govt’s policies from 1994, including the famous ABC. Try as I may, i found nothing contradicting the HIV/Aids strategy from 2012. Either Pierre lies, or repetition of lies leads to fact. Both are scary scenarios.

  • Blue Ozone

    Vuyo
    November 29, 2012 at 15:01 pm

    “Try as I may, i found nothing contradicting the HIV/Aids strategy from 2012. Either Pierre lies, or repetition of lies leads to fact. Both are scary scenarios.”

    Youve got it. This is probably the tenth consecutive post on the same old boring topic i.e. cde Jacob Zuma, while the SADF is being employed against citizens in Western Cape as we speak. It is age old Nazi technique, if you repeat a lie often and loud enough it magically becomes the truth.

  • Blue Ozone

    Zille requests deployment of SANDF in WCape farm areas

    “Helen Zille
    28 November 2012

    Premier makes appeal after Tony Ehrenreich warns of a “low level civil war”

    Premier Zille requests Minister of Defence Mapisa-Nqakula to deploy the SANDF in farm areas in the Western Cape

    Today, I have written to National Minister of Defence Nosiviwe Noluthando Mapisa-Nqakula to request her to authorise the deployment of the South African National Defence Force (SANDF) to play a peace keeping role in areas that could face renewed violence and arson, following warnings by Tony Ehrenreich (who represents both the ANC and COSATU) of a “low level civil war” in farming areas of the Western Cape.”

    http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71654?oid=343559&sn=Detail&pid=71616

  • Jeffman

    @Blue Ozone
    What is the problem, is there something unconstitutional about Zille’s request? Enlarge on why you feel the prof should write about it , considering this is a constitutional law blog.

  • Blue Ozone

    Jeffman
    November 29, 2012 at 16:08 pm

    I don’t know. It is just that it reminds me so much of Apartheid when liewe Pierrietjie was studying at Stellenbosch. Only the most privileged of Afrikaners made it into there, perhaps his mom and dad also owns a wine farm or two.

    Which would explain why he didn’t notice.

  • Zoo Keeper

    Good post Prof

    However, I must express alarm at the following conclusion:

    “If the TAC had only rushed to the courts and had not used the litigation process to gain wider support for its position, it would have been politically far more difficult for the Constitutional Court to declare the government’s HIV policy unconstitutional.”

    What the essence of this says is that the CC will be more likely to rule one way when there is sufficient public pressure for it to do so. Surely the judges should be concerned with legal principle and not public pressure? Public stuff is for politicians not judges.

    To follow this process would mean that the death penalty would have to come back because of overwhelming public support for it. Gay rights would also take a hammering…

  • Kay

    For crying out loud, can de Vos stop perpetuating these lies that President Zuma appointed a person who was not fit and proper to the NPA when he appointed Simelane. The Constitutional Court did not say this. Also, what proof do you have that the President appointed Simelane to avoid prosecution. This is all a figment of your imagination.
    Clearly in your mind, not all of us are entitled to basic human rights.

  • Mikhail Dworkin Fassbinder

    Kay is right. The Constitutional Court (unlike the SCA), was concerned only with certain tiny PROCEDURAL issues in the appointment of Mr Simelane. I just do not see how the fact that Mr Simelane became confused by Adv Trengove’s pedantic word-parsing renders him not a “fit and proper person.” On the contrary.

    Bottom line: if the DA wants to appoint the NDPP, it needs to win the elections. President Zille can appoint any white liberal she wants. Until then, let us all respect President Zuma’s discretion!

    Thanks.

  • Kay

    @Mikhail. Please read the cross-examination of Trengrove on Simelane- word by word. To me, the main problem that de Vos’s et al have with it, is that this “admired” Trengrove could not break Simelane, contrary to their fictitious upliftment of his abilities in court. Read it for yourself – word by word.
    Going forward, the less said about Ginwala, the better.

  • Blue Ozone

    Kay
    November 29, 2012 at 19:39 pm

    Have you ever heard of British colonialism, Claude Leon Foundation, Anglovaal and Patrice Motsepe?

    http://www.leonfoundation.co.za/trustees.htm

  • Maggs Naidu – (maggsnaidu@hotmail.com) – Zuma MUST go!

    Mikhail Dworkin Fassbinder
    November 29, 2012 at 20:35 pm

    Dworky,

    “President Zuma’s discretion”

    Prove it!

  • Kay

    @ Blue Ozone. Your post has made for some interesting reading. Cheers!

  • Chris (not the right wing guy!)

    Have Ozoneboy and Kay found their soulmates at last?

  • Blue Ozone

    Chris (not the right wing guy!)
    November 30, 2012 at 9:21 am

    Chris, while we are now 24/7 occupied by the great Zuma conspiracy.

    What do you think of this?

    “Brian Menell is a South African businessman with interests in Mining, Oil and Gas and Energy Infrastructure.

    He is the Chief Executive Officer of the Kemet Group, [1] which invests in and manages mining and other natural resource projects across the African continent, and advises certain African governments on resource policy and major transactions. He also serves as Chief Executive of Tinco Investments Limited [2] and is a Director of Shore Gold Inc. [3] Menell was previously a principal and Executive Director of Anglovaal Mining (Pty) Ltd., with extensive precious metal, base metal, ferrous metal and diamond interests across Southern Africa. Prior to joining his family controlled Anglovaal Group, he worked for the De Beers Group in London, Antwerp and Windhoek. In 2004 he became a founding partner and Executive Director of the A1 Grand Prix auto racing series.[4] He is a former Chairman of Energem Resources Inc. and a former Chairman of First Africa Oil Plc.
    History

    His grandfather, Slip Menell,was the co-founder in 1932 of the Anglovaal Group, one of South Africa’s largest diversified mining and industrial groups of companies. His father was the noted philanthropist and businessman, Clive Menell, who died in 1996. Brian Menell and his brother Rick retained control of Anglovaal Mining until its sale in 2001 to create the largest South African empowerment controlled company, African Rainbow Minerals.”

    http://en.wikipedia.org/wiki/Brian_Menell

    How do you think the Claude Leon/Menell cartel feels about the left-leaning ANC’s stated policy of “resource nationalism”?

    http://www.miningweekly.com/article/resource-nationalism-now-a-bigger-risk-than-a-year-ago-e-2012-07-08

  • Pierre De Vos

    Kay, Simelane lied to Ginwala Commission. He can always sue me if he believes that this statement is untrue. I will win.

  • Deloris Dolittle

    @ Blue Ozone

    So you want Pierre to blog about something because it remins you about Apartheid. What a lame reason. Is our govenrment not allowed to do anything that the Nat goverment did 30 years ago. Well they are doing a good job at it even if they are not trying but that is not the point. If the situation validates it surely it is in order to deploy the SANDF. They are deployed in Kruger to hunt down Rhino poachers. Are rhinos now all of a sudden more important that humans in your mind.

    As for Menell. Another silly question you ask. Off course he will be worried about nationalisation. But not fo rthe reasons you might think. I am pretty sure he will happily give over the mines run by his family business (businesses he and his family has WORKED to build up for many years) if he knew that government will do a proper job at running the business and take care of the assets and employees. It is however abundantly clear that this government does not have the capacity or teh political will to do either. Please consider that just maybe these cartels as you brand them have teh greater country’s well being at heart when they fight to retain control over their businesses.

  • Gwebecimele

    SACP and Cosatu will have their own non stop vists to “Tahir square”

    Ranjeni Munusamy

    “We are now in a situation where the solution is more problematic than the crisis,” says a prominent voice in the tripartite alliance in reaction to the nomination of businessman Cyril Ramaphosa for the position of deputy president.

    This is because the last thing Cosatu and the South African Communist Party wanted in the wheeling and dealing around Mangaung was for one of the country’s richest businessmen to end up as the president-in-waiting.”

  • Blue Ozone

    Deloris Dolittle
    November 30, 2012 at 10:22 am

    But he had lots and lots to say about Marikana. How almost everything about South Africa now remands him of Apartheid. That very same evil Apartheid that the very privileged little cunt benefited from, those privileges which he hopes to cling on to by wielding a racist interpretation of our Constitution, advocating a policy that would eventually lead to the annihilation of his own people in order to appease and assimilate into the master class those blacks that matter.

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    The Eastern Cape ANC has rejected the outcome of a unanimous vote by the OR Tambo region for Deputy President Kgalema Motlanthe to lead the party.

    http://mg.co.za/article/2012-11-30-e-cape-anc-rejects-or-tambo-regions-motlanthe-nomination

  • Blue Ozone

    You see this vast anti-Anglo conspiracy is much wider than just the evil left-leaning cde Zuma.

    It includes those Gupta’s whose major crime appears to be that they are also “connected” and “linked” to non British owned entities, “volksvreemde” foreigners like the Bank of Baroda.

    Fingerprints
    There are three sets of Gupta fingerprints on the transaction:

    The first print is that the bond was granted by India’s Bank of Baroda, which has a known relationship with the Guptas.
    The Bank of Baroda also holds the bond on another house closely linked to both the Guptas and the Zuma family, one of which the president’s son, Duduzane, calls home. Situated in Saxonwold, Johannesburg, the property is formally owned by Mabengela Investments, controlled jointly by Duduzane Zuma and Tony Gupta.
    And in January 2011, at a high profile South Africa-India cricket event part-sponsored by Gupta-owned newspaper The New Age, President Zuma handed the bank’s managing director an award, apparently for fostering bilateral relations.
    The second, clearer fingerprint is a witness signature on the bond ­documents by a trusted Gupta lieutenant, Ronica Govender. Govender is something of a factotum to the Gupta family. Company records reflect her as a director in more than a dozen ­family companies. She is financial director at the family’s flagship IT company, Sahara, a receptionist said this week. She is also listed as special-projects director at JIC Mining Services, a company majority-owned by the Guptas and Duduzane Zuma. Govender this week said her signature on the bond was “irrelevant as anyone can witness this type of document in their personal capacity”.
    Fingerprint number three is the freshest: on inquiry this week, a bank employee gave Govender’s JIC Mining email address when asked where the bank dispatched the Sinqumo Trust bond statements to. Govender responded that this was “absolute rubbish and even if it was being sent to me, that’s not a crime”.

    http://mg.co.za/article/2012-11-30-00-guptas-bankroll-mrs-zumas-bond

    So it would be interesting to know which banks PdV and his cronies get loans form – perhaps there are “links” in there with the Claude Leon/Menell cartel – ABSA/FNB perhaps?

  • Blue Ozone

    Yet we live in a country where shameless racism, race-baiting and unadulterated xenophobia are almost politically correct now. Not even our academics, business leaders or socalled “constitutional experts” speak out on such topics because they are the beneficiaries of such a “new” South Africa.

    “A Gauteng ANC thought-leader said the first wave of Indian immigrants were indentured ­labourers while a second wave were merchants. The post-apartheid era had brought a third wave of sophisticated and monied immigrants who were benefiting from South Africa’s globalised economy and access to diplomatic links. This wave was symbolised by the Guptas.

    “The way the third wave is behaving, the national question (the ANC’s skilful management of race relations) is in grave danger. The danger is that Indian people’s contribution to the struggle will be endangered,” he said. Three Indian ANC senior leaders who hold elected and party positions agree.

    The recession, as well as the end of Mbeki’s presidency, has meant that BEE has lost its ­political support and that the flow of deals has virtually dried up. Black business feels excluded and is relaying the message to its ­political supporters.

    “You have to be careful,” warned a former member of the ANC, who disagrees that the Gupta factor imperils race relations. “It’s easy to whip up anti-Indian backlash. But why are they not complaining about ­Walmart (the US retailer about to take over Massmart)?”

    Or ABSA, or Lonmin, or Xtralis or Anglo-American or the Claude Leon/Menell cartel?

    http://www.news24.com/SouthAfrica/Politics/The-Gupta-Empire-Top-ANC-members-speak-out-20110305

  • Kay

    @deVos. Please be specific, what is the lie?

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Blue Ozone
    November 30, 2012 at 11:45 am

    Hey Blue Boy,

    “So it would be interesting to know which banks PdV and his cronies get loans form”.

    I can send you “loan forms”.

    Just post your details here.

    The real ones (in Potch)!

  • Lesiba

    Spot on analysis! What is putting strain on the judiciary is not the people brining these cases against Government, it is rather the Government’s increasing tendencies to making illegal actions. The more corrupt a Government is, the more likely it will be taken to court. It’s a simple equation really.

  • Blue Ozone

    Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)
    November 30, 2012 at 13:14 pm

    Maggs. Why, instead of constantly gazing at my or cde Zuma’s navel, don’t you and PdV rather focus on real constitutional issues such as the future of Indians in South Africa given that if you don’t behave like subservient second-class citizens the “Indian people’s contribution to the struggle will be endangered,”

  • mayimele

    @ MDF & KAY

    The SCA may not have ruled on the fitness or lack thereof of Mr. Simelane. But if you read the judgment closely and honestly, you will realise that it is implied that he may not have been a fit and proper person as contemplated in the Constitution and the Act.

    Even judge Van der Byl AJ in the court aquo said as much when he stated that:

    “I am not persuaded that, if regard is had to all the averments made in the papers, that he (Adv. Simelane) is not a controversial person and one with an unblemished background or that he is one of the most experienced persons who could have been taken into consideration for appointment”.

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Hmmm!


    Cameron to Draft New Press Laws

    British Prime Minister David Cameron has decided to draft legislation for new laws establishing a press watchdog to convince critics it would be a mistake. Cameron faced criticism after rejecting the new press laws—one of the Leveson Inquiry’s principal recommendations. But Culture Secretary Maria Miller said such legislation would put a “subtle muzzle” on the press, adding that it “provides a legislative framework” to “impinge on press freedom.” She explained, “We want to draw that up and share that with the opposition parties and with our coalition partners to be able to demonstrate that to them and I think when they see that as we draft it over the next fortnight that they will too understand where our concerns come from.”

    http://www.thedailybeast.com/cheats/2012/11/30/cameron-to-draft-new-press-laws.html

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Blue Ozone
    November 30, 2012 at 14:16 pm

    Hey Blue Boy,

    ” instead of constantly gazing at my or cde Zuma’s navel” – that’s cos your navel is as cute as Zuma’s

    ” the future of Indians in South Africa” – you really have nothing to worry about. As you already know the Indian strategy is playing itself out very well. Even without rhino horn the massive Indian-multiplier is running like clockwork – 1.3 billion and counting …

    Somebody even threw away one of our slippers and it did not stop the upward mobility.

    Now here’s some advice from you.

    Eish, I got not advice for you, you’re that dof!

  • Brett Nortje

    SUPREME COURT OF APPEAL OF SOUTH AFRICA

    MEDIA SUMMARY OF JUDGMENT DELIVERED IN THE SUPREME COURT OF APPEAL

    FROM The Registrar, Supreme Court of Appeal

    DATE 30 November

    STATUS Immediate

    Please note that the media summary is for the benefit of the media and does not form part of the judgment.

    Justice Alliance of SA & another v The National Minister of Safety and Security & others
    (646/2011) [2012] ZASCA 190 (30 November 2012)

    Media Statement

    Today the Supreme Court of Appeal (SCA) dismissed an appeal by two non-profit voluntary associations, the Justice Alliance of South Africa and the False Bay Gun Club against a judgment of the Western Cape High Court that guidelines published by the Minister of Safety and Security, which provided that gun owners who voluntarily surrendered their firearms that were not retained by the State are not entitled to compensation, are not ultra vires section 137 of the Firearms Control Act 60 of 2000. The appellants acting in the interests of firearm owners nationwide, approached the high court for declaratory relief against the Minister, the National Commissioner of the South African Police Services, in his capacity as the Registrar of Firearms.

    The Firearms Control Act, which came into force on 1 July 2004, repealed and replaced the Arms and Ammunitions Act 75 of 1969 (the old Act). It, like its predecessor, regulates the possession of firearms. In doing so, it recognises, as recorded in its preamble, the store that our Constitution places on the right of every person to life and security, as also, that the increased availability and abuse of firearms has contributed significantly to the high levels of crime in our society. The purpose of the new Act is to prevent the proliferation of illegally possessed firearms and to improve the control of legally possessed firearms.

    The SCA held that the argument advanced on behalf of the appellants cannot be reconciled with the explicit provisions of the Act, in particular section 136(3), which states that no compensation is payable when a firearm is surrendered and destroyed. Moreover, according to the SCA, the general scheme of the Act is to provide compensation only when a firearm is retained by the State. The Act does recognize that when the State retains a firearm, which is deemed to be of special value, that value accrues to the State for which the former owner should be compensated. It follows, the SCA concluded, that in publishing guidelines that excluded persons who voluntarily surrendered their firearms (and whose firearms were not retained by the State) from the compensatory scheme, the Minister did not act ultra vires the provisions of the Act.

    — ends —

  • Pierre De Vos

    Kay, a lie is when you say one thing (“No I did not get a legal opinion on X”) when the truth is the opposite (you did obtain a legal opinion).

  • sirjay jonson

    Premier Helen Zille’s audio message today to West Cape farmers and workers:

    http://www.westerncape.gov.za/news/message-farming-community-premier-helen-zille

  • sirjay jonson

    Its a myth by the way that SA Defense forces are not deployed to communities. I’ve seen it many times. Those who haven’t were obviously never present at earlier ALL PAY days in some communities when payments were in cash, nor were they in our dorp to witness it two weeks ago during the riots.

    I’m amazed at the prejudiced, possibly intentional ignorance of some of your posters Prof. For myself I no longer read those who are repeating offenders.

  • Brett Nortje

    http://constitutionallyspeaking.co.za/clutching-at-straws/

    “Last month the Constitutional Court in the case of Benert v Absa
    Bank once again dealt with the issue of when a judge should
    recuse him or herself. In a judgment written by Chief Justice
    Sandile Ngcobo the Constitutional Court once again succinctly set
    out the legal position in South Africa on this issue:

    It is, by now, axiomatic that a judicial officer who sits on a
    case in which he or she should not be sitting, because seen
    objectively, the judicial officer is either actually biased or
    there exists a reasonable apprehension that the judicial officer
    might be biased, acts in a manner that is inconsistent with the
    Constitution.This case concerns the apprehension of bias. The
    apprehension of bias may arise either from the association or
    interest that the judicial officer has in one of the litigants
    before the court or from the interest that the judicial officer
    has in the outcome of the case. Or it may arise from the conduct
    or utterances by a judicial officer prior to or during
    proceedings. In all these situations, the judicial officer must
    ordinarily recuse himself or herself. The apprehension of bias
    principle reflects the fundamental principle of our Constitution
    that courts must be independent and impartial.9 And fundamental
    to our judicial system is that courts must not only be
    independent and impartial, but they must be seen to be
    independent and impartial. The test for recusal which this Court
    has adopted is whether there is a reasonable apprehension of
    bias, in the mind of a reasonable litigant in possession of all
    the relevant facts, that a judicial officer might not bring an
    impartial and unprejudiced mind to bear on the resolution of the
    dispute before the court.”

  • Brett Nortje

    http://constitutionallyspeaking.co.za/judges-must-keep-their-cool/

    “The Constitutional Court, in a unanimous judgment written by
    justice Khampepe, applied the well developed test namely whether
    a reasonable, objective and informed person would on the correct
    facts reasonably apprehend that a judge has not or will not bring
    an impartial mind to the adjudication of the dispute, that is, a
    mind open to persuasion by the evidence and the submissions of
    counsel.”

  • Lisbeth

    @ sirjay

    The SA Defence Force? Are you sure those weren’t private security guards deployed by the farmers?

  • Brett Nortje

    http://constitutionallyspeaking.co.za/in-the-time-of-the-vulture-we-need-to-pay-our-judges-well/

    “In De Lange v Smuts the Constitutional Court confirmed that “a basic degree of financial security free from arbitrary interference by the executive in a manner that could affect judicial independence” was an absolute requirement for an independent and impartial judiciary. Quoting from a relevant Canadian judgment, the Court stated that:

    The word ‘impartial’ . . . connotes absence of bias, actual or perceived. The word ‘independent’… reflects or embodies the traditional constitutional value of judicial independence. As such, it connotes not merely a state of mind or attitude in the actual exercise of judicial functions, but a status or relationship to others, particularly the Executive Branch of government, that rests on objective conditions or guarantees. Although judicial independence is a status or relationship resting on objective conditions or guarantees, as well as a state of mind or attitude in the actual exercise of judicial functions, it is sound, I think, that the test for independence… should be, as for impartiality, whether the tribunal may be reasonably perceived as independent. Both independence and impartiality are fundamental not only to the capacity to do justice in a particular case but also to individual and public confidence in the administration of justice. Without that confidence the system cannot command the respect and acceptance that are essential to its effective operation. It is, therefore, important that a tribunal should be perceived as independent, as well as impartial, and that the test for independence should include that perception. The perception must, however, as I have suggested, be a perception of whether the tribunal enjoys the essential objective conditions or guarantees of judicial independence, and not a perception of how it will in fact act, regardless of whether it enjoys such conditions or guarantees.”

  • Dmwangi

    @PdV:

    As a self-described post-modernist acolyte of Derrida, you are well-aware that there is no such referent as “truth” and that any attempt to ascribe phenomenological meaning to such a signifer is simply an exercise in hypocritical logocentrism.

  • Brett Nortje

    “We know what you want to say and we’re not interested”

    Azhar Cachalia to Doug Kirton and Alex Holmes as he threw them out of his office where they went to complain about the fact that the Secretary for Safety And Security was consulting only with gun prohibitionists in drafting the Firearms Control Bill, and not gun owners….

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    The appeal is upheld with costs, such costs to be paid by the first, second and third respondents. The order of the high court is, save for paras 6 and 7 thereof, set aside and the following order substituted in its place:

    ‘It is declared that the instruction given to the principal of the Rivonia Primary School to admit the learner contrary to the school’s admission policy, and the placing of the learner in the school, were unlawful.’

    http://www.saflii.org.za/za/cases/ZASCA/2012/194.html

  • Brett Nortje

    http://www.iss.co.za/pubs/Books/SocietyUnderSiegeIII/Chap9.pdf

    Snip
    Traditionally, firearm legislation was the line function of the Deputy-
    Minister for Safety and Security. Since Sidney Mufamadi’s appointment as
    Minister, he has, it would appear, personally determined the firearm policy
    in consultation with the Secretariat. Whereas, prior to 1994, SAGA had had
    access to the Minister for Safety and Security, now a civilian oversight
    committee created (ostensibly to monitor the operations of the SAPS) in
    terms of a provision in the constitution, was interposed between the parties,
    directing and implementing the Minister’s personal policy on firearms.

    The Secretariat was in a powerful position and it used all the means at its
    disposal to further an ideologically driven disarmament programme.
    The no-holds-barred approach of the Secretariat became clearly evident
    when it made a second attempt in March 1999 to suspend the provisions of
    Section 8.1 of the Arms and Ammunition Act. By resorting to questionable
    tactics and misrepresentation, it managed to amend the Act and during
    submissions to the portfolio committee on Safety and Security, it became
    clear that the Secretariat had virtually completed its work on a new and
    comprehensive firearms control bill, which was scheduled to be introduced
    after the mid-year general elections.

    In August 1999 the new firearms control bill was launched. The bill had
    been drafted under a cloak of secrecy for the better part of a year prior to its
    introduction. Neither SAGA, nor any other pro-firearm group, had input or
    insight into the drafting process. When the bill was selectively released to a
    small number of associations, sport-shooting, collectors and hunting, the
    immediate reaction was one of shock. It was abundantly clear that the
    proposed legislation had only one objective and that was total disarmament
    of the legally licenced, private firearm owner.

    It was specifically for such a turn of events that SAGA had been created. Over the years the Association had built a substantial membership base, as well as gaining support from a number of organisations and associations, not
    necessarily involved in sporting aspects, or the hunting or manufacturing
    industries. Due to its international network of pro-firearm and pro-selfdefence
    organisations, a considerable amount of expertise and support
    existed, locally as well as internationally, and this was effectively mobilised
    within a short time-frame. The opposition political parties were informed
    about the proposed legislation and SAGA was able to demonstrate that the
    proposed bill was technically so flawed as to make implementation
    impossible. Public backlash and huge media pressure forced the newly elected Minister of Safety and Security (then only in office a matter of some weeks) fully to investigate the matter. He was made aware that this was clearly a very contentious issue and could very well be the start of massive civil unrest.

    He called an immediate halt to the legislative process and, in fact, set about
    establishing proper policy on the matter of private ownership of firearms,
    something that had hitherto not officially been done. In the weeks that
    followed and amid accusations traded between the previous Minister and
    opposition political parties, Mufamadi denied involvement in the process.
    Notably several changes were made in government departments which, in
    the normal scheme of things, was not out of the ordinary, except for the
    sudden resignation of the Secretary for Safety and Security, Azhar Cachalia.

  • Brett Nortje

    Iudex in causa sua?

    Is that how you put it, Sirjay? You know me and Latin….

  • Brett Nortje

    Martel-aanval

    2012-11-30 21:40
    Piet Matipa

    Brits. – ’n Hulpelose 94-jarige vrou is hier op ’n plaas deur vier rowers met ’n warm pan gebrand, in haar gesig geslaan en rondgepluk; haar 74-jarige seun is met drie skote van agter doodgeskiet; haar 62-jarige seun is in die maag geskiet; en haar agterkleinseun is met ’n mes in die kop gesteek.

    Dié gruverhaal het hom gister in die vroegoggend op die plaas Geluk buite Brits in Noordwes afgespeel.

    Maria Barnard (94) was gisteraand veilig in haar seun, Johan, se huis in Murrayfield in Pretoria. Sy kon nie veel van die aanval vertel nie, maar het gesê sy kan nie hoor nie, want “hulle het my op my oor geslaan”.

    Johan se broer, Hekkie (74), is dood nadat hy van agter in die kop, die skouer en die rug geskiet is. Sy ander broer, Nico (62), eienaar van die familieplaas Geluk, is een keer in die maag geskiet. Hy is gisteraand geopereer in die Ga-Rankuwa-hospitaal.

    Johan het gisteraand gesê hy is verbitterd. “My broer is ’n skiettrofee van die ANC en misdadigers.”

    Volgens hom was Nico besig om ontbyt te maak toe hy die honde hoor blaf. Hy het die deur oopgemaak en is dadelik in die maag geskiet. Die rowers het geld en vuurwapens gevra.

    Die rowers het voor die aanval Barnard se agterkleinkind, Adam (40) – wat in ’n tweede huis op die plaas woon, en sy gesin aangeval. Adam, sy vrou, Daleen, en sy twee kinders, Adam jr. en Jaco, is aangerand en vasgemaak. Adam is met ’n strykyster aan die bobeen gebrand. Hul selfone, skootrekenaars en geld is gesteel.

    Die rowers is daarna na Barnard se nabygeleë huis, waar hulle haar met die pan gebrand het wat Nico besig was om te gebruik.

    Nico se tienerseun, Nico jr. (16), is twee keer met ’n mes in die kop gesteek. Hy is na behandeling in ’n plaaslike hospitaal ontslaan.

    Die rowers het drie vuurwapens en Barnard se handsak en geld gesteel.

    Hekkie het glo probeer weghardloop en is toe in die rug geskiet.

    “Wat het Ouma en Hekkie aan hulle gedoen? My dogter is ook vier maande gelede dood. Ek voel leeg,” het Johan gesê.

    Charles Nelson, wat naby Geluk boer, het gister op die toneel gesê in die laaste drie maande was daar vier plaasaanvalle in daardie omgewing.

    Die wreedaardigheid van plaasaanvalle waartydens mense onnodig gemartel en vermoor word al het die aanvallers reeds hul buit gekry, is vandeesweek tydens die bekendstelling van ’n verslag van Solidariteit se navorsinginstituut bekend gemaak. Plaasmoorde gaan met baie meer geweld en marteling gepaard as wat mense weet, is by die verslag se bekendstelling gesê.

    Lt.kol. Sabata Mokgwabone, polisiewoordvoerder, het gesê die Barnard-gesin se aanvallers het met ’n Nissan Navara, R10 000, selfone en vuurwapens weggekom.

    Die Navara is later verlate op die Bethanie-pad gevind, berig Hilda Fourie.

    Niemand is nog in hegtenis geneem nie.

  • Blue Ozone

    Brett Nortje
    November 30, 2012 at 16:16 pm

    Brett. I agree in principle. Every White, and Coloured, and Indian should be bound by the dictates of basic Human Rights to own a weapon in Africa.

    Given the demographics.

  • Blue Ozone

    “Brits. – ’n Hulpelose 94-jarige vrou is hier op ’n plaas deur vier rowers met ’n warm pan gebrand, in haar gesig geslaan en rondgepluk; haar 74-jarige seun is met drie skote van agter doodgeskiet; haar 62-jarige seun is in die maag geskiet; en haar agterkleinseun is met ’n mes in die kop gesteek.’

    There is a God and the time shall come.

  • Blue Ozone

    Such immeasurable inhuman brutality. It is hard not to notice, except when you are a “constitutional expert”.

    .

  • Brett Nortje

    Blue Ozone says:
    November 30, 2012 at 23:23 pm

    The principle at stake is the equal protections clause in S9(1) of the Bill of Rights.

    Do you think a white man can get justice in South Africa’s courts circa 2012?

  • Mikhail Dworkin Fassbinder

    @ Dmwangi

    “As a self-described post-modernist acolyte of Derrida, you …”

    Dmwangi, you and I know that the Prof is above responding to your prestigious-graduate-school rantings. So, I must ask you: Where did Prof De Vos ever describe him thusly?

    “an exercise in hypocritical logocentrism. . . ”

    You surely mean “phallogocentrism”?

    Thanks.

  • Blue Ozone

    “circa 2012?”

    Do you not mean circa 1994. Or is this just another political play-thingy for you? Just as with PdV/Zuma/Ngcuka and Julius Malema “going to” Marikana.

  • Mikhail Dworkin Fassbinder

    @ Pdv

    “a lie is when you say one thing (“No I did not get a legal opinion on X”) when the truth is the opposite (you did obtain a legal opinion).”

    With respect, Pierre, this is an exemplar of precisely the phallogocentric binary oppositionalism against which postcolonial subjectivity has so long struggled.

  • Blue Ozone

    @mfd

    How do you feel about this part mfd?

    “Brits. – ’n Hulpelose 94-jarige vrou is hier op ’n plaas deur vier rowers met ’n warm pan gebrand, in haar gesig geslaan en rondgepluk; haar 74-jarige seun is met drie skote van agter doodgeskiet; haar 62-jarige seun is in die maag geskiet; en haar agterkleinseun is met ’n mes in die kop gesteek.’”

    Would you be surprised when some time or another we experience a “phallogocentric binary oppositionalism” – to such GENOCIDAL savagery?

  • Dmwangi

    @That of an inferior academic pedigree:

    I do not respond to overprivileged whites who have so much idle time they masquerade as leftist African intellectuals educated in the Adriatic. Therefore, I will relay for the general audience here that PdV has described himself “thusly” on this very blog and that I most certainly meant logocentrism– though he is probably obsessed enough about phallogocentrism to be guilty of spreading its inanities as well.

  • Mikhail Dworkin Fassbinder

    @ Dmwangi

    ” … leftist African intellectuals educated in the Adriatic”

    “On” the Adriatic. Not “in.” “On.”

  • Mikhail Dworkin Fassbinder

    Dmwangi, tell me what you think of this poem:

    When green leaves wilt, we blame the tree
    Forgetting that we are responsible for watering its roots.
    We teach our children to swear at our neighbours
    And when seasons change, they start swearing at us.

    When young writers pee on the face of the government;
    When fine artists colourfully paint spears
    That reflect our society and its new obscene culture;
    when cartoonists puke raw reality
    that silently chokes this nation with shame –
    we hide behind race and label them unpatriotic hooligans.

    In this country, it is not the words you utter that matters,
    It is from whose mouth were these words uttered;
    Poor artists are crucified for their metaphoric whispers
    of what is publicly yelled by the Malemas and Hofmeyrs,
    Freedom of expression is for the chosen few,
    Reality buried alive underneath empty patriotism and social cohesion,
    We refuse to face facts mounted on the tip of our noses.

    My country, good country, country of my birth, I warn you:
    Continue giving no ear to hungry young voices from street corners;
    Continue silencing writers with your bias bills to protect your dirty deals…
    Sooner than expected, the wind of revolution will start to blow,
    Stirring your ship of leadership out of control,
    Threatening to capsize your misused authority;
    When whirlwinds start swirling, point no finger at anyone
    For you are the one who fathered these hooligans.

  • Brett Nortje

    Blue Ozone says:
    December 1, 2012 at 0:00 am

    You’re thinking of 1993 which is when ANC gun czar Azhar Cachalia told the Goldstone Commission exactly how the ANC intended to disarm their surrendered enemy.

  • Brett Nortje

    Blue Ozone says:
    December 1, 2012 at 0:14 am

    Why is it Dworky’s fault? He doesn’t vote for the ANC – you do.

    He did not keep his mouth shut as a ‘loyal and disciplined member of the ANC’ while white people were being disarmed and, as part of the process of disarmament the surrendered enemy, the commandos which were the backbone of the rural safety net were disbanded.

    You did.

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Mikhail Dworkin Fassbinder
    December 1, 2012 at 4:08 am

    Dworky,

    Did you?

    I’m gonna steal it and do a Mpshe!

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Brett Nortje
    December 1, 2012 at 7:20 am

    Hey Brett,

    “He doesn’t vote for the ANC – you do.”

    OB doesn’t support the ANC.

    He’s just peeved that he’s not getting what he thinks is his right to get and that no one is at all interested in “hard life”.

    So he waves around the ANC like he would a big stick!

  • fh – the silent reader

    Thank you Maggs for the reference to the Rivonia School matter. (Why does Rivonia ring bells?)
    @53: “…the department opprobriously invoked the ugly spectre of race to obfuscate its unlawful conduct:”
    What do you say to this, Dmwangi?

  • Kay

    I thought de Vos would do better than that, obviously not.
    The BIG lie is this insistence of a non-existent lie.
    If there was a lie, the Constitutional Court would have said so. Unlike de Vos they respected our bill of rights.

    de Vos is a violator of human rights and if he wishes to sue me, he is welcome to do so.

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Kay
    December 1, 2012 at 10:16 am

    Kay,

    It seems that you have not read the CC judgment on the matter.

    If you did you would know that the CC did not evaluate Simelane, rather it focused on whether the President applied his mind when appointing the NDPP.

    And the President’s mind seemed have been left in the underground #NkandlaCompoundBunker when it was needed to contemplate all the adverse issues relating to Simelane.

    You are also probably unaware that the President was not party to the CC application – most likely because he knew his mind had a mind all of its own!

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    My point is this: Be clear that Susan Rice is being attacked in part, if not in full, because she is an easy target for the GOP and media. Her race and her gender make her an easy target. Black women are still viewed as less than. We are still viewed as not quite good enough, regardless of our credentials. Calling her “incompetent” is just another way of saying, “Look at that ‘affirmative action baby.’ She doesn’t deserve to be where she is.” It’s like calling our first lady “angry,” a charge she had to deflect this year on CBS This Morning.

    Don’t you know? Hasn’t America learned yet that these are “code words” for people of color, to make them less than? It’s how they cut us down to size, regardless of the power of our credentials, education and background.

    http://www.thedailybeast.com/articles/2012/12/01/susan-rice-just-another-incompetent-black-woman.html

  • Mikhail Dworkin Fassbinder

    Brett, I know not whence you derived the notion I do not vote ANC.

    I do not say it is perfect. But it remains the only party that can satisfy the aspirations of all of our people.

    Thanks.

  • Blue Ozone

    Brett Nortje
    December 1, 2012 at 7:20 am

    I did so acting in good faith. But it is never too late to admit that you were wrong and that you were lied too by just about everybody, from the UN to the international human rights movements to the ANC and other socalled “liberation” movements.

    As I said before it is never too late to correct a mistake either.

  • Blue Ozone

    Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)
    December 1, 2012 at 9:20 am

    “He’s just peeved that he’s not getting what he thinks is his right to get and that no one is at all interested in “hard life”.”

    I don’t believe it is my right to be governed by “friends of the Mafia” while friends/family are butchered and tortured in the most savage way imaginable. And OH BUT “the crime problem affects everybody” but we just cannot cannot solve it because the fokken Mafia is the best friend of our Commissioner of Police.

    Then we have another big shot ANC criminal like John Block just again effortlessly re-elected ?

    Fuck you with your lies and deceit my china.

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Blue Ozone
    December 1, 2012 at 11:31 am

    LOL Blue Boy,

    “Fuck you with your lies and deceit my china.”

    As I said – that you ever supported the ANC is a not-so-well crafted illusion!

  • Brett Nortje

    Because people like you did vote for the ANC, my dear OBS, and publicly and loudly proclaimed you were made welcome the ANC was able to sustain the charade of non-racialism and constitutionalism for 18 years while 68 000 of our people were being murdered.

    Now even the pretense of equal protection by the ANC’s courts is being abandoned, as in the other spheres of governance.

    Does it sound like Judge Ponnan would bring an impartial mind to
    the adjudication of the argument that more guns = less crime,
    that is, a mind open to persuasion by the evidence?

    Sounds to me like he made his mind up long ago:

    “The Firearms Control Act 60 of 2000 (the new Act), which came
    into force on 1 July 2004, repealed and replaced the Arms and
    Ammunitions Act 75 of 1969 (the old Act). It, like its
    predecessor, regulates the possession of firearms. In doing so,
    it recognises, as recorded in its preamble, the store that our
    Constitution places on the right of every person to life and
    security, as also, its logical corollary that the increased
    availability and abuse of firearms has contributed significantly
    to the high levels of crime in our society.”

    Difficult to keep an open mind when the ANC’s gun czar is sitting right next to you while the case is being argued.

  • Blue Ozone

    Brett Nortje
    December 1, 2012 at 11:46 am

    “Because people like you did vote for the ANC, my dear OBS, and publicly and loudly proclaimed you were made welcome the ANC was able to sustain the charade of non-racialism and constitutionalism for 18 years while 68 000 of our people were being murdered.”

    It is not the crime that bothers me so much. It is the future of my own kids and what kind of world they will inherit. Take for example the 11 year old son of Corrie Sanders.

    “Dean is vandeesweek, minder as twee maande nadat sy pa tydens ’n rooftog by ’n restaurant buite Brits voor hom doodgeskiet is, as die Laerskool Theresapark in Pretoria se nuwe hoofseun aangewys.”

    http://www.beeld.com/Suid-Afrika/Nuus/Corrie-se-kinders-presteer-by-skool-op-sportveld-20121109

    What kind of future has he got. When, despite how hard he works or his own merit as a human being he gets excluded by this regime of race based AA/BEE after witnessing his own dad shot down like a dog – ?

  • Blue Ozone

    Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)
    December 1, 2012 at 11:46 am

    Whatever. But sooner or later even you will realise that I was right, you just don’t have the balls to admit it yet because you have been brainwashed for so long and has lost the capacity and the courage to think for yourself. In short – you are in denial and your eyes will only open when it is going to be too late.

  • Anonymouse

    khosi says

    November 29, 2012 at 8:55 am

    The Treatment Action Campaign won their argument on 23 April 1984.

    And, so?

  • Anonymouse

    Kay says

    November 30, 2012 at 13:10 pm

    @deVos. Please be specific, what is the lie?

    Kay – you nitwit! You would probably be held to be an incompetent witness if called upon to testify in a court of law because, like a very small child, you do not know where the distinction between truth and untruth lies.

  • Maggs Naidu – (maggsnaidu@hotmail.com) – Zuma MUST go!

    Blue Ozone
    December 1, 2012 at 12:25 pm

    Hey Blue Boy,

    Now that you’ve conceded that you are not and have not ever been a supporter of the ANC we can begin to have better conversations.

    Re “the capacity and the courage to think for [my]self” – not to worry about that. Dworky has been doing that for me over the years. And he’s done a pretty good job.

    Also thank you for your “concern” over the welfare of Indians you can relax a bit – as I noted previously, even if all 1 million of us South African Indians + the 6 or so Indian South Africans (viz the Guptas) are exterminated by WHITE people, there’s more being produced everyday back at the coolie factory!

  • Blue Ozone

    Maggs Naidu – (maggsnaidu@hotmail.com) – Zuma MUST go!
    December 1, 2012 at 13:29 pm

    That is not a “conversation”. It is barrage of baseless accusations, personal attacks and race-bating designed to distract from the topic of discussion.

    That is all we get from the morally and intellectually impoverished rubbish in the ANC nowadays, yet another very reason why I left.

  • Maggs Naidu – (maggsnaidu@hotmail.com) – Zuma MUST go!

    Blue Ozone
    December 1, 2012 at 13:40 pm

    Hayibo Blue Boy,

    “yet another very reason why I left”.

    Did you join JR in Australia?

  • Blue Ozone

    Maggs Naidu – (maggsnaidu@hotmail.com) – Zuma MUST go!
    December 1, 2012 at 13:41 pm

    Unfortunately for you I’m not going anywhere.

    This is my country.

  • Mikhail Dworkin Fassbinder

    Maggs, I too have my suspicions about Blue Guy being genuine in his ANC support.
    What does impress me is his dogged support for Mr Zuma in these difficult times. (Of course, in identical circumstances, I too would support him again.) Also, I am persuaded by BB’s vitriol for of Aunty Zille, over whom he would gladly support Mr Malema. (BTW, did you hear that Zille is plotting Marikane-style GENOCIDE of workers in Wellington?)

  • Blue Ozone

    Mikhail Dworkin Fassbinder
    December 1, 2012 at 13:46 pm

    I have always maitained that if the ANC fails, South Africa fails.

    The ANC has failed, it is not about Zuma, or Mbeki, or Malema or “corruption” or “cadre employment” or this, that and the other.

    Time for a new plan.

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Blue Ozone
    December 1, 2012 at 13:46 pm

    Blue Boy,

    “Unfortunately for you I’m not going anywhere.”

    You should fuck off back to India and eat bunny chow with the other coolies.

    Otherwise me and Dmwangi will call our great African Father, uncle and hero, Idi Amin, for you!

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Mikhail Dworkin Fassbinder
    December 1, 2012 at 13:46 pm

    Dworky

    “BTW, did you hear that Zille is plotting Marikane-style GENOCIDE of workers in Wellington?”

    I assure you that this is nothing of the sort i.e. GENOCIDAL plotting.

    It may surprise you but it’s a genuine attempt at dancing like a monkey!

    http://twitter.yfrog.com/nxbvvdkj

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    RIP former CJ Chaskalson! We were privileged to have you walk among us!

  • Blue Ozone

    Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)
    December 1, 2012 at 14:51 pm

    Don’t get so angry boet. Us “racist WHITES” don’t have to continue playing your disgusting, petty, bitter, racist games any more.

    All we will be asking are well understood, international principles of human rights ie. the “right to self-determination” as enshrined in international law and the United Nations Charters.

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Blue Ozone
    December 1, 2012 at 15:15 pm

    Blue Boy,

    “All we will be asking are well understood, international principles of human rights ie. the “right to self-determination” as enshrined in international law and the United Nations Charters.”

    What’s that all about?

    I bet there’s no such thing – you’re just making it up!

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    fh – the silent reader
    December 1, 2012 at 10:15 am

    Not so silent reader,

    Sounds like “Regulation 8, as amended, now provides that the HoD – not the governing body – shall determine the capacity of a school” will also end up down the toilet!

    Boy Ngobeni sounds like such a doos – maybe he should also be “flushed away”!

  • Brett Nortje

    Pierrot Max du Preez and Tim Du Plessis will be the only three Afrikaners left standing and they will still be paai’ing and sus’ing each other telling one another ‘Toemaar, alles sal regkom.’

    Bullshit.

    We need to take our future in our own hands even if it means another Trek.
    The ANC is not going to volunteer to enact that S235 law in good grace and lose its cash cow – it is going to have to be a case of “compulsory (or perhaps more accurately compelled) surrender” to quote Judge Ponnan.

    We’re going to have to cut off the ANC’s funding to make it come to the table.

    I say we settle for the West Coast – to unsettle everyone from the Boer Republics is a pipe dream.

  • Brett Nortje
  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Brett Nortje
    December 1, 2012 at 16:47 pm

    Thanks G – looks insightful.

    Did you catch Arunduthi Roy on Redi Thlabi’s inaugural South 2 North on Al Jazeera?

    #Politics-of-Fear!

  • joeslis
  • Brett Nortje

    Maggs, did you see that Myburgh found the Mandela govt cut text-book budgets to 1/20th of what will be spent next year to give sweeties to SADTU?

  • Brett Nortje
  • Blue Ozone

    Brett Nortje
    December 1, 2012 at 16:19 pm

    “Pierrot Max du Preez and Tim Du Plessis will be the only three Afrikaners left standing and they will still be paai’ing and sus’ing each other telling one another ‘Toemaar, alles sal regkom.’”

    Out those three [unlikely] candidates I only rate Max Du Preez.

    PdV we all know is a sell-out. Tim du Plessis – well, who the fuck is he?

  • Blue Ozone

    Brett Nortje
    December 1, 2012 at 16:19 pm

    I do not agree with James Myburgh’s ideological persuasions but he hammered the nail on the head again no doubt.

    “The inability of government to get textbooks and workbooks to schools in Limpopo, and who knows where else, thus cannot be put down to either ideology or a lack of resources, as before. It is rather the result of extreme state dysfunctionality with the civil service no longer able to perform even the most routine bureaucratic tasks.”

  • Blue Ozone

    “In January 2011 planning minister Trevor Manuel warned that “If we fail to change the quality of services delivered to the poor, we reduce the state to an ATM, only capable of handing out cash.” The core problem with the “cash machine state”, as it is evolving in South Africa, is not so much the payments of grants to children and pensioners. It is rather the payment of high salaries to civil servants, teachers and so on who do not or cannot do the work, and the awarding of government contracts, at inflated prices, to tenderpreneurs who do not or cannot deliver.”

    AMEN.

  • Maggs Naidu – Zuma must go!

    Black and minority ethnic women face “catastrophic” levels of unemployment and are discriminated against at “every stage” of the recruitment process, a group of MPs has warned

    http://www.bbc.co.uk/news/uk-politics-20571996

  • Cicero Langa

    And our fucking cunt of a president has the audacity to send the Chaskalson family his condolences.

    A new low.

  • Maggs Naidu – Zuma must go!

    Chaskalson’s life an inspiration to defend the rule of law

    FORMER Chief Justice Arthur Chaskalson, who died on December 1 aged 82, forever changed the face of law and justice in South Africa. Throughout his adult life – from his first year as a law student at the University of the Witwatersrand to his last speaking engagement a few weeks ago – he spoke, wrote and acted with a clear vision for law in South Africa and for the country’s future. One of his greatest gifts is that he inspired others to do the same.

    http://carmelrickard.posterous.com/chaskalsons-life-an-inspiration-to-defend-the

  • Blue Ozone

    Maggs Naidu – Zuma must go!
    December 2, 2012 at 9:17 am

    “Black and minority ethnic women face “catastrophic” levels of unemployment and are discriminated against at “every stage” of the recruitment process, a group of MPs has warned”

    However in South Africa blacks (who also happen to be “friends of the Mafia”) discriminate against minority ethnic women !

    http://www.solidariteit.co.za/en/background-about-renate-barnard/

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Blue Ozone
    December 2, 2012 at 15:37 pm

    Blue Boy,

    Just who are “minority ethnic women”?

  • mayimele

    @Kay

    December 1, 2012 at 10:16 am

    “If there was lie the Constitutional Court would have said so”
    I cannot agree more with Maggs Naidu-ABZ”s response @ Dec 1, 2012 at 10:42 am.

    If you did read the CC judgment, then you did not understand it. If you did understand it, then you deliberately voted to have a go at Prof.

    Simelane’s lies about him having received legal opinion which he initially denied and later agreed under cross examination does not and did not require the CC’s pronouncement to be a lie. In any case, as Maggs highlighted, the CC was concerned with the conduct of the President in the process of appointing Simelane – that is, if he applied his mind appropriately as contemplated in the Constitution and the Act.

    While you are focussing on an important aspect that can generate interesting debate, the glaring lack in your posts of understanding of the developments in the Simelane case from the High court, SCA and the CC, makes it worthless for one to make a contribution thereby responding to your inputs.

    Again, as stated by Anonymous, your difficulty in distinguishing truth from untruth or lies worsens the situation.

    But judging from some of your previous posts, you can certainly do better.

  • sirjay jonson

    Brett Nortje
    December 1, 2012 at 20:43 pm
    “Maggs, did you see that Myburgh found the Mandela govt cut text-book budgets to 1/20th of what will be spent next year to give sweeties to SADTU?”

    Just how does this equate with Mandela’s statement of “Education is the most powerful tool we have to change the world,” and his commitment that… “never again would our children sit under trees or in mud schools, attend schools without textbooks, libraries, laboratories, proper toilets and clean drinking water and electricity.”

    The rot obviously started early.

    See: http://dailymaverick.co.za/opinionista/2012-12-03-to-my-generation-listen-listen-very-carefully

  • Blue Ozone

    Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)
    December 2, 2012 at 20:25 pm

    Magss we all know who the ethnic minorities are in South Africa – it is the “Whites, Coloured and the Indians” as woven into the ideologically confused fabric of our NDR by no other than that racist WHITE cde Joe Slovo. Who sold out the struggle just as much as any other contemporary racist, capitalist comrade.

    “In the Soviet Union a recognition of multi-nationalism was the very foundation of national liberation and self-determination; it led to the creation of autonomous and self-governing national republics originally linked to each other in a federation and later in a union.”

    http://www.sacp.org.za/docs/history/ndr.html

  • Blue Ozone
  • Zoo Keeper

    Brett

    Was Azhar Cachalia on the bench? If so, why was he not recused?

    Further, you quote the passage from Ponan:

    “The Firearms Control Act 60 of 2000 (the new Act), which came
    into force on 1 July 2004, repealed and replaced the Arms and
    Ammunitions Act 75 of 1969 (the old Act). It, like its
    predecessor, regulates the possession of firearms. In doing so,
    it recognises, as recorded in its preamble, the store that our
    Constitution places on the right of every person to life and
    security, as also, its logical corollary that the increased
    availability and abuse of firearms has contributed significantly
    to the high levels of crime in our society.”

    That last sentence is in effect judicial notice. It is taking as trite that increased availability and abuse are 1) linked in that increased availability increases crime and increased abuse increases crime, and that the two are indivisible.

    Judicial notice is an incredibly powerful thing, it is as powerful as the sun rising every morning. It means you cannot argue against it.

    It means your gun organizations have failed to educate. You have failed to get your message across. You have to fight back and destroy the judicial notice taken by Judge Ponan. At least get it struck from his judgment. You cannot let it lie there as an assumption.

    You see, what Ponan has said is fatal to your rights. However, I have done some reading and it is logically inconsistent with the philosophy of gun control as we have it.

    Our system is based on the English pattern of slow poison to gun ownership, and enforced helplessness. It is the second of these that is by far the most powerful argument you have and there is peer-reviewed literature to support the argument.

    Essentially enforced helplessness is the dark cloud behind the supposedly silver lining of gun control. It is the demon Lilith!

    Observe English law currently on the rights to self defence. the English are currently completely confused as to what you can do when faced with a physical threat. The English have outlawed the carrying on any self-defence article, even mace spray. They have gone further and imposed strict limitations on one’s conduct in the moment of panic, it is common for those who fight back to get longer sentences than those you have attacked them!

    This is the natural sister to gun control, and it is the aspect you focus on the least. Yes, it is mentioned, but the process and dogma is actually unchallenged because it isn’t formally recognized as being there.

    It happens quite simply too. Observe the SAPS’ policy of prosecuting a gun owner who fired in self defence with attempted murder or (if he hits his target) murder. Why those charges? Simple, gun owners must be intimidated not to use their firearms, and non-gun-owners must be too frightened to buy one for self-defence. The next step is the Dangerous Weapons Bill, outlawing the carrying of anything which could be used for self-defence. There is no other rational purpose for it. It also carries criminal convictions and prison time, thus frightening those who would carry something into not doing so.

    It also explains why these laws insist ammunition is stored away from the firearm, thus rendering it useless in a time of emergency. It has to become useless to the user, in order for the control to work.

    The next step is to ensure that the citizenry does not enjoy the rights to self-defence unless it is in the most extreme circumstances. In England, an old lady who carried a knitting needle in case she got accosted by thugs got 6 months in jail. Lately, a fight-back during a house robbery resulted in the robbers getting a 2-year suspended sentence and the home-owner a 30 month jail term. “We don’t want this kind of vigilante society” sayeth the judge!

    The official police position is for crime victims to avoid resistance and submit to their attackers. Those who might help must call the police and stand by until they arrive. Enforced helplessness.

    It is logically obvious because if you allow self-defence and security of person to be predominant (as our Constitution actually states), you have to allow citizens the rights to use the tools necessary to preserve themselves in times of emergency. These tools must be available to be used on a moment’s notice and in times of emergency. Logically this involves allowing citizens the use and ownership of firearms because criminals always have access to firearms no matter what the law states. (There is plenty of proof world-wide on this point, but you must submit these to a court to overturn this judicial notice!!!)

    So, I have to ask: What the fuck are your organizations doing about this?

    Why has that preamble not been attacked as based upon pure ideology and not proven empirical facts?

  • Brett Nortje

    That old ANC problem with objective reality again, Sirjay.

    Yesterday my cousin (teacher) told me she has to find another school for her son to complete his last year at primary school in 2013.

    Looks like they got a month’s warning the school was being closed down.

    Remember the hoops the Western Cape DA were made to jump through, and the checklist the DA developed as a result showing how they had applied their minds to school closures?

    Seems none of the above applies in ‘Gauteng’.

  • Brett Nortje

    Beautifully said, ZooKeeper.

    You can imagine the chilling effect on ones equal protections clause rights when ones Counsel looks up and sees looking down at them from the Bench the person who drove the legislation (for a decade) they’re there to contest.

    Under those circumstances, how dare Counsel let the word ‘unconstitutional’ slip out his mouth?

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Blue Ozone
    December 3, 2012 at 9:14 am

    Hayibo OB,

    Indians are doing pretty ok in this country (relatively speaking that is, p/i), so perhaps you should consider revising your “ethnic minority” proposition.

    Re Joe Slovo – those of us who achieved legal equality regard him as a major contributor. Others, like you, who no longer have the, as they say in tennis, “advantage WHITES” status will no doubt be pissed off with the mensch!

  • fh – the silent reader

    Mr Zoo

    “It is logically obvious because if you allow self-defence and security of person to be predominant (as our Constitution actually states), you have to allow citizens the rights to use the tools necessary to preserve themselves in times of emergency. These tools must be available to be used on a moment’s notice and in times of emergency. Logically this involves allowing citizens the use and ownership of firearms because criminals always have access to firearms no matter what the law states. (There is plenty of proof world-wide on this point, but you must submit these to a court to overturn this judicial notice!!!)

    Yes…it is logical, ne? This to me is evidence of a politicized judiciary..sorry to say..but to you Zoo (if you are a mister?) I amen to what you state.

  • Zoo Keeper

    Brett

    Perhaps the argument has become about property and not the preceding sections – right to life and freedom and security of person.

    There is a second amendment type argument right there just waiting to be developed. It is based not upon the rights of a citizen to be armed against tyranny like in the US, but the right of the individual to determine her own security and means to do so in times of emergency.

    England’s biggest problem is the absence of a written constitution and Parliamentary supremacy, which means no judicial oversight to keep Parliament on the Constitutional straight and narrow.

  • Blue Ozone

    Brett Nortje
    December 3, 2012 at 9:25 am

    Brett it is yet another example how the South African state is increasingly shifting all of its social responsibilities to one specific ethnic minority. While they continue to harvest the taxes of all that they then proceed to piss down the gutter by buying useless military hardware in order to enrich themselves as they also agreed to pay off Apartheid’s debts. To name but one or two examples when it become abundantly clear..

    The struggle is a lie. They must think we are either stupid or totally blind, that we didn’t notice. Or that we are so paralysed by this overwhelming sense of collective guilt that is used like a moralistic baton to pummel us into submission to embrace the “inevitable” – which is apparently the realisation of our own destruction.

  • Zoo Keeper

    Brett

    Perhaps the SCA should be taken on review for Cachalia’s failure to recuse? That would be cool!!

  • Brett Nortje
  • Brett Nortje

    Zoo Keeper says:
    December 3, 2012 at 9:44 am

    Sorry for the disjointed replies – I jumped up to see the replay of another wicket.

    That was my first thought. How about direct access to the ConCourt as an alternative?

  • Zoo Keeper

    Brett

    The tide is turning and I reckon a castle-type law might well happen in the medium term.

    They have to recognize the problem is bigger than they think, and that they have been betrayed by the Home Office, judiciary and police.

  • fh – the silent reader

    Hey Maggs!!!!!!!!!!!!!!!
    I nearly forgot to tell you..whilst noises are raised about the Education situation in Gauteng…On 13 December 2011 the Gauteng legislature found it necessary to clear up uncertainties, relating to the interpretation of the SA Schools Act, 1996!!! in publishing the Gauteng Education Laws Amendment Act, 5, 2011 and for the FIRST time, on provincial level, the “model C” school disappears from that provincial legislation..????
    (Since 1996 to begining 2012, parents did not know about their rights?!)
    Goodness, it is clear that the Education department ensures Gauteng parents been robbed in terms of school fees, I would say.

  • Blue Ozone

    Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)
    December 3, 2012 at 9:38 am

    “Indians are doing pretty ok in this country (relatively speaking that is, p/i), so perhaps you should consider revising your “ethnic minority” proposition.”

    I suppose those of you who hide away in the former WHITE suburbs behind security fences and burglar alarms. As you always say – fuck the poor.

    “Others considered the destruction of their houses a racial matter.

    “No freedom for blacks,” one man’s placard read, while another had the words: “Why Indians own seven houses?”

    http://www.timeslive.co.za/local/2012/11/13/high-court-extends-lenasia-housing-reprieve

  • fh – the silent reader

    Can we not have an administrative ombudsman evaluating direct access to the CC???

  • Brett Nortje

    I’d be interested to know what Constitutionallyspeaking regulars – bearing in mind first and foremeost witchhunts like those against BroederBond members – think of the SACP’s claim of ownership of former CJ Chaskalson?

  • Zoo Keeper

    Brett

    Are you talking about the challenge to the preamble? Not sure. I wonder if the good professor could wade in and give us his opinion on what to do?

    I remember the Prof’s article from 2009 when he makes it clear that firearm restrictions should be easy to argue. However, reducing the ability to defend yourself in a time of crisis is another, very different topic.

    I wonder if Prof has considered the negative effect the enforced helplessness has on gays who find themselves under attack in the townships and cannot defend themselves in the moment of crisis.

    I also wonder why the firearm organizations have not convinced the likes of POWA of their case and the deleterous effect enforced helplessness has on security of person, the chief concern of organizations like POWA.

    Why are POWA and 1 in 9 not part of your firearm organizations efforts – FFS, what you’re trying to do is make their lives safer too. You need them convinced and on side.

    Any POWA or 1 in 9 members online who care to debate this?

  • Blue Ozone

    Brett Nortje
    December 3, 2012 at 10:14 am

    I’m totally shocked and amazed that you can be so ignorant to believe that the concept of constitutionality is foreign to the SACP. So let me educate you:

    “II. THE STATE AND THE INDIVIDUAL

    Chapter 6: CITIZENSHIP OF THE USSR / EQUALITY OF CITIZENS’ RIGHTS

    Article 33. Uniform federal citizenship is established for the USSR. Every citizen of a Union Republic is a citizen of the USSR.
    The grounds and procedure for acquiring or forfeiting Soviet citizenship are defined by the Law on Citizenship of the USSR.
    When abroad, citizens of the USSR enjoy the protection and assistance of the Soviet state.

    Article 34. Citizens of the USSR are equal before the law, without distinction of origin, social or property status, race or nationality, sex, education, language, attitude to religion, type and nature of occupation, domicile, or other status.
    The equal rights of citizens of the USSR are guaranteed in all fields of economic, political, social, and cultural life.

    Article 35. Women and men have equal rights in the USSR.
    Exercise of these rights is ensured by according women equal access with men to education and vocational and professional training, equal opportunities in employment, remuneration, and promotion, and in social and political, and cultural activity, and by special labour and health protection measures for women; by providing conditions enabling mothers to work; by legal protection, and material and moral support for mothers and children, including paid leaves and other benefits for expectant mothers and mothers, and gradual reduction of working time for mothers with small children.

    Article 36. Citizens of the USSR of different races and nationalities have equal rights.
    Exercise of these rights is ensured by a policy of all-round development and drawing together of all the nations and nationalities of the USSR, by educating citizens in the spirit of Soviet patriotism and socialist internationalism, and by the possibility to use their native language and the languages of other peoples in the USSR.
    Any direct or indirect limitation of the rights of citizens or establishment of direct or indirect privileges on grounds of race or nationality, and any advocacy of racial or national exclusiveness, hostility, or contempt, are punishable by law.

    Article 37. Citizens of other countries and stateless persons in the USSR are guaranteed the rights and freedoms provided by law, including the right to apply to a court and other state bodies for the protection of their personal, property, family, and other rights.
    Citizens of other countries and stateless persons, when in the USSR, are obliged to respect the Constitution of the USSR and observe Soviet laws.

    Article 38. The USSR grants the right of asylum to foreigners persecuted for defending the interests of the working people and the cause of peace, or for participation in the revolutionary and national-liberation movement, or for progressive social and political, scientific, or other creative activity.”

    http://www.departments.bucknell.edu/russian/const/77cons02.html#chap06

  • Maggs Naidu – Zuma must go!

    The governing body of Rivonia Primary School will ask the Gauteng department of education today to withdraw the disciplinary action against school principal Carol Drysdale, who was found guilty of insubordination.

    http://www.timeslive.co.za/thetimes/2012/12/03/rivonia-school-demands-apology

  • Blue Ozone

    And please note – very similar to the ideals of the Freedom Charter:

    “Any direct or indirect limitation of the rights of citizens or establishment of direct or indirect privileges on grounds of race or nationality, and any advocacy of racial or national exclusiveness, hostility, or contempt, are punishable by law.”

  • Brett Nortje

    No, the infringement of S9(1) rights I am talking about is not being able to argue the case you want to present, fully, because of the apprehension that the way the Court is constituted makes it unreceptive.

    Particularly because of the emphasis that the ConCourt has placed on seeing how the Courts below it have viewed an issue it is claimed is unconstitutional and their reasoning do you risk the CC seeing the reasoning of a Judge you perceive must be hugely hostile?

  • Brett Nortje

    What was Smith thinking putting on spinners to the tail end?

  • Zoo Keeper

    Brett

    Make history and go for a review and have it sent back to the SCA to be argued again.

    At least Steyn has taken the last wicket!

  • Mikhail Dworkin Fassbinder

    @ Zoo-Key

    “I wonder if Prof has considered the negative effect the enforced helplessness has on gays who find themselves under attack in the townships”

    I am excited by the argument that the rights to equality and to safety and security demand that the state take steps to “level the playing” field, by arming women, gays and lesbians. All those who are vulnerable to the predations of young males will stand a better chance once they are appropriately equipped to shoot these violent boys in the face the moment they start taking chances!

    Thanks.

  • Zoo Keeper

    Dworky

    I know you’re being naughty but you’re not far off if you care to read the literature. See Kennesaw GA for an on-point reference.

    There is quite a lot of evidence that allowing them to be armed and carry concealed weapons reduces violent crime.

    It doesn’t mean you “arm the populace”, but you allow the choice. Even those who choose not to be armed might be assumed to be armed. Choice is a powerful thing.

    It also means that self-defence trumps the rights of the criminal. Allowing the choice, combined with strong support for self-defence deters interpersonal criminal action.

    Crime will be switched to impersonal actions, such as fraud and theft, away from robbery.

    There is a reason why the rates of robbery whilst the occupiers are home are far higher in strict control countries than not. Over 50% in England versus a shade over 10% in the US…

    Violent crime is on a long term decrease in the US, notwithstanding enormous firearm ownership figures, but is on a sharp increase in the UK, notwithstanding insignificant firearm ownership figures and stringent laws.

    Ireland and Jamaica have amongst the strictest laws in the world but both suffered enormous jumps in violent crime after their restrictions, and have continued on long term increases.

    The evidence is stacked against control.

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    fh – the silent reader
    December 3, 2012 at 10:00 am

    Unsilent reader,

    Equal Education wants SCA judgment on Rivonia Primary overturned

    Organisations say govt, not SGBs, should be in charge of school admissions

    On Friday 30 November the Supreme Court of Appeal delivered judgment in the Rivonia Primary School case. Equal Education and the Centre for Child Law, represented by the Legal Resources Centre, brought an amicus application. Judge Cachalia, for a unanimous bench, wrote:

    “The instruction given to the principal of the Rivonia Primary School to admit the learner contrary to the school’s admission policy, and the placing of the learner in the school, were unlawful.”

    This decision overturned a high court decision that had granted the ultimate governance role over the determination of a school’s capacity to provincial education authorities.

    But the SCA held that in terms of s 5(5) read with s 5A of the South African Schools Act the governing body of a public school has authority to determine the capacity of a school as an incident of its admission policy, and that provincial authorities may not ‘override’ the policy.

    We agree with the SCA that the highhanded manner of intervention by Gauteng education authorities in this instance was completely unacceptable. However we believe that the public interest in realising quality and equal education for all, underpinned by the constitutional rights to equality and education, requires that the governance of school admissions must remain primarily in the public domain, rather than appropriated entirely by individual schools with understandably narrower interests.

    http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71654?oid=344520&sn=Detail&pid=71616

  • Alibama

    } If one is successful in mobilising public support, one shields the
    } court from the fall-out of the eventual court judgment. By the time
    } the Constitutional Court ruled in favour of the TAC, Thabo Mbeki had
    } lost the argument about HIV inside his party and his government had
    } already announced that it would change its HIV prevention and treatment
    } strategy. If the TAC had only rushed to the courts and had not used
    } the litigation process to gain wider support for its position, it would
    } have been politically far more difficult for the Constitutional Court
    } to declare the government’s HIV policy unconstitutional.

    I’ve been waiting for this idea to be articulated.
    If OTOH the individual can’t ‘mobilise’ public knowledge s/he can WAIT
    while such knowledge grows. Eg. if you spoke about “car-Hijacking”.
    20 years ago, you’d have been not understood..
    OTOH if you wait for the public, including Courts, to KNOW that it’s
    become common practice for:-
    * incompetent municipal billing;
    * crooked lawers abusing incompetent statutes to loot fixed properties,
    like the Jaftha Constitutional-case CCT74/03;
    then you’ll, possibly get hit by the ‘you’re out of time argument’.

    Or does “land koop is nie perd koop” apply?
    What are the time limits for initiating actions against the ‘unjust land.
    misappropriation based on apartheid grounds’?
    And what about matters where the appeal ‘initial doco & payment’ have
    been made [I love it when a payment-receipt concretizes to intention,
    ie. talk is cheap] but, have not been followed up by the statutory time
    limited further steps [which were designed when the WHITE colonial.
    society functioned -- for white people]?

    Will/can SA judiciary admit that the statutory time-limits are increasingly
    impossble to meet? More so, as PdV explains: that ‘skiet hom’ is increasinly
    being replaced by futile litigation ? Kebble’s case was much better.

    Indian cases are said to go on for generations. OTOH the US plays it like
    a football game, where timeout is strictly/simplistically followed.

    Since time-limits are the simplest, unambigious statutes, how can you expect
    the citizens to obey any written rules when time-limits are/MUST be flouted?

  • Blue Ozone

    @maggs

    “This important case arose out of the denial of a place for a grade 1 applicant in 2011. The court notes that the case concerned “a school located in an affluent, historically white suburb, where a little more than half the learners were white” but says that “none of this is relevant”. However, in our view the historical, political and economic context cannot be ignored. There are two very different realities operating in the public schooling system.”

    *where a little more than half the learners were white* – so 50% is note enough, when will these lot be satisfied, when only 9.6% of the school was white? So the real question for our WHITES then is how do they destroy their relative class privilege to be more in line with class privilege distribution of the general population? Where do they educate their kids, send them into the townships to poorly supported and ghastly inferior public schools or Coronation park together with the 1/2 mil destitute whites priming themsleves for downward mobility and inevitable self-destruction.

  • Gwebecimele

    @ Maggs

    I support Equal Education on this one. We can’t leave admission policy at state schools to communities that have members who are sometimes elite,racist, greedy, conservative etc.

  • Mikhail Dworkin Fassbinder

    @ Gwebe

    I’m with SADTU on this one. It has become clear that Equal Education is a pawn of neo-imperialist LIBERALISM that uses WARFARE to interfere with government’s roll-out of excellence in education!

    Thanks.

  • Zoo Keeper

    Brett

    I read Ponan’s judgment.

    Why did your guys not attack the constitutionality of the Act’s compensation scheme?

    You left the scheme intact and simply argued if the guidelines fit the Act, not whether the Act itself is constitutionally unsound.

    Ponan’s judgment is unsurprising and will be difficult to overturn, based on the arguments advanced by your reps.

  • Maggs Naidu – Zuma must go!

    Gwebecimele
    December 3, 2012 at 12:36 pm

    Gwebs,

    I think parts of the judgement will be struck down by the CC.

    It cannot be correct that the governing bodies are solely responsible for admissions.

    These are state schools.

    But the DoE certainly needs to be leashed – the HoD, Boy Ngobeni, in this case acted like he lost all sense of reason!

  • Blue Ozone

    The third option is of course “home schooling”.

    WHITES in general and Afrikaners in particular erecting a new domestic laager where they withdraw their kids from healthy social interaction with kids of other races and cultural background. That would demand that WHITE women stay at home and educate their kids, i.e. over-educate them for jobless future except if they are privileged enough to emigrate.

    That is how one constructs a healthy “nonracial” nation.

  • fh – the silent reader

    Please look at the surrounding circumstances of the particular case, and do not judge matters without such evidence. If the school is full, the school is full – in terms of the allocations set by the Department. Please note that school fee payment is NOT obligatory – it is the choice of the parents and these parents decided to dish out more money to pay for those teachers, to reduce the size of the classroom and to improve the conditions of learning. There is nothing wrong with that.
    Now, this case is “again” as is usually the case, being turned into a black and white thing.
    However, before judging further upon the merits of the case, I would like to know where this family lives. If the family lives outside of the service area of the school, then it is advisable to enroll the learner at the nearest school. OR would there be problems at certain schools relating to their ability to educate?
    Another thing – will the Department please disclose how much of the billions of rand allocated for funding, is allocated to this school?

    This is obviously not a case of a family not being able to afford such school fees, which would obviously be high, as they enrolled the learner at a private school.
    The school’s ethnicity has changes considerably, and nobody can point finger in accusing this school as racist.
    Policy issues has been dealt with in the Ermelo School case – I do not see why it was repeated – this matter has been heard.
    The obligations of the School Governing Body is addressed in national legislation i.e. the Norms and Standards for the Funding of Public Schools as well as in the SA Schools Act. Provincial legislation cannot interfere (as is in this case obviously) with that.
    In addition nothing stops this learner for applying for registration earlier to continue her education say from Grade 2. When they first applied it was late, not so?
    AND the department must appreciate the legal prescriptions in this case – National Police as well as the Schools Education envisages a partnership between them and the Governing Bodies. By acting as they did, the looser in this case is the child having been made a play ball, as is also usual action implemented by the ANC.
    I would say to that Department, having done as they did – Grow up! This is uncalled for and needless litigation again being funded by the Tax Payer.

  • Blue Ozone

    And while we are talking the apparent contradiction in CJ Chaskalson/SACP.

    Constitutional “RIGHTS” also comes with duties DUTIES, apparently a foreign concept sadly lacking from our Constitution where it is just take, take, take.

    Chapter 7: THE BASIC RIGHTS, FREEDOMS, AND DUTIES OF CITIZENS OF THE USSR

    Article 59. Citizens’ exercise of their rights and freedoms is inseparable from the performance of their duties and obligations.
    Citizens of the USSR are obliged to observe the Constitution of the USSR and Soviet laws, comply with the standards of socialist conduct, and uphold the honour and dignity of Soviet citizenship.

    Article 60. It is the duty of, and matter of honour for, every able-bodied citizen of the USSR to work conscientiously in his chosen, socially useful occupation, and strictly to observe labour discipline. Evasion of socially useful work is incompatible with the principles of socialist society.

    Article 61. Citizens of the USSR are obliged to preserve and protect socialist property. It is the duty of a citizen of the USSR to combat misappropriation and squandering of state and socially-owned property and to make thrifty use of the people’s wealth.
    Persons encroaching in any way on socialist property shall be punished according to the law.

    Article 62. Citizens of the USSR are obliged to safeguard the interests of the Soviet state, and to enhance its power and prestige.
    Defence of the Socialist Motherland is the sacred duty of every citizen of the USSR.
    Betrayal of the Motherland is the gravest of crimes against the people.

    Article 63. Military service in the ranks of the Armed Forces of the USSR is an honorable duty of Soviet citizens.

    Article 64. It is the duty of every citizen of the USSR to respect the national dignity of other citizens, and to strengthen friendship of the nations and nationalities of the multinational Soviet state.

    Article 65. A citizen of the USSR is obliged to respect the rights and lawful interests of other persons, to be uncompromising toward anti-social behaviour, and to help maintain public order.

    Article 66. Citizens of the USSR are obliged to concern themselves with the upbringing of children, to train them for socially useful work, and to raise them as worthy members of socialist society. Children are obliged to care for their parents and help them.

    Article 67. Citizens of the USSR are obliged to protect nature and conserve its riches.

    Article 68. Concern for the preservation of historical monuments and other cultural values is a duty and obligation of citizens of the USSR.

    Article 69. It is the internationalist duty of citizens of the USSR to promote friendship and co-operation with peoples of other lands and help maintain and strengthen world peace.”

  • fh – the silent reader

    “That is how one constructs a healthy “nonracial” nation.”

    Ozone…WHITES do not get jobs, did you not know? If we do not employ our own children, they have only one other option and that is in another country. That is of-course with the imposed BEE nonsense, additionally to that.
    The ANC doe make it easy for us, ne?

    That is why you have currently such a healthy “non-racial” environment. Well, enjoy it, but do not direct others to look after their own affairs. This Government in any event look after nobody else, that the individuals “serving” there.

  • Blue Ozone

    fh – the silent reader
    December 3, 2012 at 13:37 pm

    “The school’s ethnicity has changes considerably, and nobody can point finger in accusing this school as racist.”

    Oh yes it is still very racist – 50% white.

    In therms of the objectives of the NDR the argument is clearly that the school should represent the national racial demographics which means not more than 9.6% white.

  • fh – the silent reader

    Clearly, another objective that cannot be met. Do not blame the school for that. The objective of the school is to educate, not to “look” for “colors”.

    By the way: I saw we beat the hell out of Australia with OUR cricket team. It is good to see good athletes in action and also being FIRST in the world. Compare that to our National democratic 9.6% representative soccer team…things just do not seem to work out..ai tog.

    O, I just thought about the following:
    I saw a debate (in silence) now the other day about people debating whether we are a “democracy” or a “cleptocracy” or maybe an “ineptocracy”. But it was revealed: “kakistoc’racy (kk-stkr-s, käk-) n. pl. kakistoc’racies”

    i.e. Government by the least qualified or most unprincipled citizens…

  • Blue Ozone

    fh – the silent reader
    December 3, 2012 at 15:27 pm

    “Clearly, another objective that cannot be met. Do not blame the school for that. The objective of the school is to educate, not to “look” for “colors”.”

    Not as we are speaking now – but this is the longer term objective and part of all these discussions about “White privilege”, “transformation” and how our Constitution can be used to achieve this “transformation”. Note posts from example Gwebs, Vuyo, Mohlongo and Maggs. They don’t state it explicitly for fear that WHITES may start putting 2+2 together and realising what all of that implies. But it was clearly articulated by none other than cde. Joe Slovo not such a long time ago.

    “The basic objectives of liberation cannot be achieved without undermining the accumulated political, social, cultural and economic white privileges. The moulding of our nation will be advanced in direct proportion to the elimination of these accumulated privileges. The winning over of an increasing number of whites to the side of democracy is an essential part of our policy. We cannot, however, accept constitutional schemes which are designed or calculated to perpetuate a ‘multi-national’ framework h order to retain the separate national identity and, therefore, the power of white racism.”

    http://www.sacp.org.za/docs/history/ndr.html

  • Chris (Not the right wing guy)

    Maggs Naidu – Zuma must go!
    December 3, 2012 at 13:07 pm

    What is the alternative?
    Leave it in the hands of the incompetent officials?
    Then they might as well close down the schools.

  • Blue Ozone

    Chris (Not the right wing guy)
    December 3, 2012 at 16:29 pm

    I guess in any normal country the “alternative” would be to build more schools. Since 1994 the middle class has increased in size by more than 300%, but as with universities not a single middle class school or university has been built – in the same time that the Afrikaner build SASOL and YSKOR but guess ho have their greedy little paws on that now.

    But investment – forward looking planning, never in Africa boet, here we go for the low hanging fruit and wait for WHITE to provide.

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Chris (Not the right wing guy)
    December 3, 2012 at 16:29 pm

    Hayibo R-W-G,

    “Then they might as well close down the schools.”

    With average 13% maths literacy in grade 9s it’s nearly shut down.

    But then this probably mostly affects poor children in general and African children in particular.

    As always FUCK THE POOR!!!

  • fh – the silent reader

    “We cannot, however, accept constitutional schemes which are designed or calculated to perpetuate a ‘multi-national’ framework h order to retain the separate national identity and, therefore, the power of white racism.”

    Seems to me to be some kind of a “check-mate” situation (based upon either something that is completey misunderstood or by way of choice of words).

    It is a fact: there will never be enough money for education. In order therfore to maximise the benefit of funding, to the more poor, the public school of the new era was born: an intitution (organ of the state) springing to life, by way of legislation where a levy or charge may be raised. Appreciaitng the importance of its children’s education, white people tackle the challenge by accepting the “Wet van Transvaal” story. Not only that, and due to factula statistics about the drop in the percentage of white learners v the rest, all plans and schemes are made, to accomodate people of another “color” in order at least to keep the services of state paid teachers.

    Billions of rand go into fee-paying public school education form parents (the public). I believe there are some 47% no-fee public schools??? Logically I believe, billions of rand goes out of the pocket of parents to fund, not only there children, but those that are under-priveledged. Government’s contribution may be equal in such schools to a month’s electricity.

    As can be seen and learnt from the Rivonia School case; what is beinf done with the funds paid by parents, are explained and the reason for its spending, is defended by its School Governing Body, obviously functional as expected from parents, making such contribitions (50% of whick are NOT white).

    The problem here is, as perceived, that when a white person (or a combination of whites and others, as in this case) care after himself and even take a massive 50% shareholding in partnership with people that are not white, it is seen as “white rascism”.

    In other words, as perceived, whites, refusing to lower its standards, are rascists? It cannot be done or perceived at all. In view of the per-amble to the Constitution, it is exactly what was envisaged and as time goes by, the valuable 6% ration may be nearer as expected; however, a succesfull case is turned into a heap of crap, i.e. this court case.

    That whites’ salaries have inordinately increased since 1994/5 I cannot see. What does occur is that those other 50% appreciates the expenses and hard work it takes, to make the school work.

    And the Government cannot do anything as they need these fee-paying schools.

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    A cautionary note
    While the judgement is a massive vindication of the stance of the school concerned and the approaches promulgated and dispensed by the GBF, it does not provide carte blanche to schools and governing bodies to act in a completely unfettered fash-ion. In some specific examples raised by the judges, the ruling reminds us that:

    - a school’s admission policy may not be unfairly discriminatory;
    - it may not require an admission-test to be administered to a learner;
    - the school may not refuse admission to a learner because the parent has not paid or is unable to pay the school fees;
    - a governing body must necessarily act reasonably and rationally when determining its capacity (all paragraph 40); and
    - an admission policy which allowed “privileged governing bodies in historically white areas to entrench racially discriminatory privileges bequeathed by Apartheid” would be unlawful – “but the facts [before the court] simply do not sustain the suggestion that that occurred in this case.”

    Once having determined its admission policy it remains for the governing body to apply that policy. It is within the power of a governing body to apply its policy flexibly to meet the exigencies of a particular case. For example:
    - the HoD was quite entitled to ask the governing body to exercise the discretion embodied in the policy to exceed its capacity, so as to accommodate a learner who had not been placed, and the governing body would be obliged to con-sider such a request on reasonable and rational grounds (paragraph 50); and further;
    - just as it must act rationally and reasonably when determining its policy, so it must act rationally and reasonably in its application.

    Both disappointing and concerning is the fact that, even before judgement was handed down, both the MEC and her legal team intimated, albeit separately and as yet only informally, that they would consider challenging any adverse decision in the constitutional court. It will be a sad day if that happens, but it could well still be the case.

    Furthermore, earlier this year the Gauteng Education Department amended its regulations on admissions to reserve to itself the right to set the capacity of schools. These new regulations were not before the courts, though the judgement did give a lead in this regard: “The submission that the new regulation has overtaken events assumes that the regulation is valid – which is not before us to decide – but the proper meaning of the Schools Act is relevant to deciding that question.”

    http://www.gbf.org.za

  • Brett Nortje

    I agree, ZooKeeper. It is always a S25 issue.

  • sirjay jonson

    fh – the silent reader
    December 3, 2012 at 18:06 pm
    “It is a fact: there will never be enough money for education.”

    How is that fh-silent reader no longer silent, when SA spends more on education per GDP than almost any other nation, R2 for every R10 of tax.

    “… multi-national’ frame work in order to retain the separate national identity and, therefore, the power of white racism.”

    Give up the paranoia, white conspiracy nonsense, take a good look at the world while silently reading; try to set aside prejudice and bias.

  • Alibama

    ==Maggs Naidu} FORMER Chief Justice Arthur Chaskalson, who died on
    } December 1 aged 82, forever changed the face of law and justice in South
    } Africa…he spoke, wrote and acted with a clear vision for law in South
    } Africa and for the country’s future. One of his greatest gifts is that
    } he inspired others to do the same.

    Someone had to represent Mandela at his trial.
    Is it just a coincidence the Chaskalson and Bizos can ALSO walk-on-water,
    or is there some essential connection that I’m too stupid to see?
    I only found out NOW that Chaskalson had been Mandela’s counsel: what
    blatant nepotism. Does the outside world know this FACT?
    ==
    Zoo Keeper} Perhaps the SCA should be taken on review for Cachalia’s failure
    } to recuse? That would be cool!!.

    How do ‘time-limits’ apply in such matters?

  • Paul Kearney

    I see this has swerved off into a school issue. It seems clear that the ANC wants to force as many people as possible into a sub standard education. Excellence must be destroyed! Just now too many people will understand what incompetent crooks the government are. Already a large number seem not to understand (or want to understand) that the “Model C” schools are government in name only. The operational costs are mostly provided by the parents. Seems right that they should have a say in the standard of education their kids receive in terms of the number of pupils in a class. The tired old race card should be seen for what it is and dismissed with contempt. Unless you have a vested interest in the outcome.

  • Maggs Naidu – ABZ! – Zuma must go (maggsnaidu@hotmail.com)

    Paul Kearney
    December 4, 2012 at 6:15 am

    Hey PK,

    “The tired old race card should be seen for what it is and dismissed with contempt.”

    Cachalia seems to be suggesting that.

  • Blue Ozone

    fh – the silent reader
    December 3, 2012 at 18:06 pm

    “In other words, as perceived, whites, refusing to lower its standards, are rascists?”

    In principle – yes. Read this blog and many others. I don’t even fucking bother to spell check any more. My “privileged WHITE” model-c kids (a tiny minority at their school) have to write “provincial exams” now and then and walk out of there pissing themselves laughing. Their text books are full of errors and grammar mistakes that even a 9 year old can point out.

    It is just a big fucking joke, but instead of building anything they are in fact CLOSING DOWN schools. It is hard to comprehend – even for a racist WHITE. Same thing happened to Eskom back in 2007/2008 – we just suffered a near meltdown one day and casually informed one day that “we ran out of capacity”. Really – WE just suddenly RAN OUT OF CAPACITY – it is not the ANC government’s fault? If shit just happens, what is the fucking point of having a government/management at all? But that is the same “equity” model they now want to force down the “private sector”, after fucking up government, infrastructure, public works, education, health, etc. it just aint enough.

  • Maggs Naidu – Yikes, another seven years! (maggsnaidu@hotmail.com)

    A word of wisdom from our resident education genius!

    “Bearing in mind that they are privileged, you cannot compare bananas to apples [or] a Rolls-Royce with a Toyota,” Motshekga said in an interview with The Star.

    http://www.iol.co.za/news/politics/angie-decries-poor-state-of-public-schools-1.1435081#.UL2TvYbK2Q9

    Last month, Higher Education Minister Blade Nzimande admitted that the test results of pupils in grades 3 and 6 remain some of the worst in the world, despite the continually increasing levels of spending on foundation phase education.

    “A majority of learners entering the intermediate phase remain largely illiterate and experience increasing levels of difficulty as they progress through the system,” Nzimande said while presenting his draft skills development plan in Pretoria.

    He also expressed disquiet at the results of the Trends in International Mathematics and Science Study and Progress in the International Reading Literacy Study international assessments over the past decade, which “painted a dismal picture of literacy and numeracy in our schools”.

    In September, about 7.2 million pupils from grades 1 to 6 from across more than 20 000 schools sat for the assessment tests.

    And for the first time this year, children in Grade 9 were also tested.

    While the results show an improvement in performance in literacy and numeracy, they show a disturbing trend of a downward spiral in performance in both languages and maths as the children progress in their studies.

    http://www.iol.co.za/news/politics/angie-decries-poor-state-of-public-schools-1.1435081#.UL2TvYbK2Q9

  • Blue Ozone

    Maggs Naidu – *Yikes, another seven years! (maggsnaidu@hotmail.com)*
    December 4, 2012 at 8:13 am

    LOL.

    You owe me a couple of beers.

  • Blue Ozone

    Maggs Naidu – Yikes, another seven years! (maggsnaidu@hotmail.com)
    December 4, 2012 at 8:13 am

    “Bearing in mind that they are privileged, you cannot compare bananas to apples [or] a Rolls-Royce with a Toyota,” Motshekga said in an interview with The Star.

    Yep. But even a Toyota is seen as more reliable as a Rolls-Royce. How much “privilege” does it take to run a “national exam” put out by your “education” department through a grammar and spell checker first?

  • Zoo Keeper

    Alibama

    Time limits are imposed by law on certain things. For example, taking the SCA on review would be subject to time lines set in the Court’s Rules.

    Recovery of debt and damages is limited to certain time periods by law. There is no “natural” prescription, but in order to bring cases to court and ensure disputes are resolved there are time limits and a “use it or lose it” policy. Could you imagine the difficulty in fighting a case 30 years after the fact when all the evidence and witnesses are gone?

    Start with the Prescription Act.

  • Zoo Keeper

    Brett

    In order for you to succeed you need to educate.

    Why don’t your organizations buy every newspaper editor and sub-editor, and mainstream morning and afternoon DJ a copy of Joyce Lee Malcolm’s “Guns and Violence: The English Experience”?

    Let them read it an internalize it and get the conversation going. Facts and figures will beat down the ideologues. Remember what happened to Ackerman’s daughter when she went at the Trump hunt and the facts and figures left her with egg on her face and plea for more tasteful photos? You gotta do the same.

  • Blue Ozone

    And coming back to the real spring of WHITISH racism. Can you imagine anything more disgusting than an African celebrating his culture?

    “Their increasing influence is largely thanks to President Jacob Zuma, a proud Zulu who has four wives and a fondness for dancing dressed in a leopard skin cloak and a kilt of animal tails with a cow-hide shield and spear.”

    http://uk.reuters.com/article/2012/12/04/uk-safrica-rights-chiefs-idUKBRE8B301920121204

    The Zuma Family infographic shows six wives, four girlfriends and 21 children. Under Zuma Incorporated we see 16 business entities linked directly to him, “or indirectly through his wives, children and family” although his girlfriends’ income generation is also noted — “The president had to fast-track his wealth accumulation after Shaik went to jail. It’s his pension.”

    Despite having had to deal with the negativity and corruption surrounding Zuma since 2004, Basson remains optimistic about SA’s future. He first attracted attention at Stellenbosch University where he worked on the student newspaper and challenged the vice-chancellor over his insistence that Afrikaans remain the language of instruction: “He said it was a language issue, I said it was racism.”

    http://www.bdlive.co.za/life/books/2012/12/04/book-review-zuma-exposed

    “Stellenbosh University”. Isn’t that where besides for the distinguished HF Verwoerd the very WHITISH Pierre De Vos studied during Apartheid?

  • fh – the silent reader

    Yes, I think it would be good for me to express my thoughts in the way Ozee has done it here…What P Kearney stated: “The tired old race card should be seen for what it is and dismissed with contempt” as is deserves.

    I frown upon the noises made that the matter will be lodged to the CC. The CC will not even consider looking at such in internal squabble – it should in any event have been handled professionally, I would think by both parties, as the school has taken in extra pupils and it could. It is the “I am the boss in this new South Africa” thing that is extremely irritating and the whole thing is, to me, in any event, the SGB and the Principal were spiteful and showed its muscle and attacked the race issue, rather than anything else.

    Sirjay rightly directs me to have a look at the International figures relating to government funding of education. How correct those figures are may however be questionable, but we do have a situation here of creating which was never here, and that should also be taken into consideration – with all other related difficulties.

    Point to me is that these internal “game-playing” or “showing of power” stuff are childish as t cause more harm than good. Look at the Head Lines of the Newspapers and look at the statements from FEDSAS “We have won a historical case!” Did you? Vryf dit in, my broer, so-iets?

    Let me rather withdraw and in silence look at the advice of Sirjay (who quoted my remark which is actually stated word-for-word in National Policy as endorsed by the Government).

  • Zoo Keeper

    FH

    This school thing is important but it does remind of the old quote: “Academic fights are so bitter because the stakes are so low” :)

  • Brett Nortje

    ZooKeeper, a good example of how Judge Ponnan’s ‘judicial notice’ came about occured in Parliament Nov 7. The feminists from the MRC were there telling Parliament how well the Firearms Control Act which was implemented in 2004 worked to decrease homicide rates in 2004. Played a huge role in reducing intimate femicides, it did. They say.
    Independent Newspapers used to have regular articles on the subject by Cathy Ghoul.
    The only problem is Gunowners complained to the MRC’s ethics committee about these feminists’ fraudulent ‘study’ and for years they shut up about it.
    Now they’re back punting a discredited study and the illiterates in Parliament are sucking it up.
    At the moment I’m reading up on the Yengeni judgment to see how the MRC can be charged with defrauding Parliament.

  • Maggs Naidu – Yikes, another seven years! (maggsnaidu@hotmail.com)

    fh – the silent reader
    December 4, 2012 at 9:27 am

    Unsilent One,

    Read the Equal Education submissions.

    The link is in my post above December 3, 2012 at 11:43 am

    p.s. That post was before it became obvious that no one is interested in leading South Africa, so Zuma has leadership thrust upon him!

  • Brett Nortje

    ZooKeeper, how is this for a judicial middle finger? Note to everyone who might think of running to the Courts if we have a Zim-style land grab: You better make sure you only plead constitutional grounds not that your Notice is actually addressed to your neighbour!

    Ah! The joys of ordinary middle-class people litigating on a shoestring….

    “[18] That leaves costs: It was submitted on behalf of the appellants that consistent with what occurred in the high court, each party should be ordered to pay their own costs. I cannot agree. As I have already stated the appeal did not raise any constitutional issue. There was some attempt to suggest that the appellants were acting in the public interest but counsel was constrained to accept that the appellants were not motivated by altruism but in the main represent firearm owners who have a financial interest in the outcome of these proceedings. There is thus no warrant for departing from the general rule that the costs of the appeal should follow the result.

    [19] In the result the appeal is dismissed with costs including those consequent upon the employment of two counsel.”

  • Zoo Keeper

    Brett

    Where is this study by MRC? Do they know they are wrong, and has it been debunked and how?

  • Zoo Keeper

    Brett

    You gotta be careful what you concede – rather let the judge put his spin on it so you can use it later.

  • Zoo Keeper

    Brett

    What does “MRC” stand for?

  • Blue Ozone

    Maggs Naidu – Yikes, another seven years! (maggsnaidu@hotmail.com)
    December 4, 2012 at 9:42 am

    So don’t sit there in the corner sulking, bitch. Where is the apology that you owe me, the “racist WHITE”?

    I’m still waiting.

  • Maggs Naidu – Zuma must go!

    Blue Ozone
    December 4, 2012 at 10:21 am

    Hey Racist WHITE Boy,

    “Where is the apology that you owe me, the “racist WHITE”?”

    I’m very, very sorry that you are a racist WHITE boy!

    p.s. Nevermind Biko, only WHITEs can be racist. Dworky will explain.

  • Brett Nortje

    Medical Research Council.

    If you google the ‘MRC intimate femicide study’ – the feministas have been disseminating that garbage for years, ZooKeeper.

    It was easy to debunk. Full of holes. They had a coupla dozen case studies which they cherry-picked. They purported to show access to handguns was causally linked to the homicide of ones’ intimate female partner – spouse, girlfriend. The biggest group of murders were committed by cops and security guards. They also gave a racial breakdown of victim/perpetrator sets which torpedoed their study. Half of white families own guns yet white victim/perpetator couples were the lowest after Indians. 10 Times lower. 10 times as many black and coloured victim/perpetrators yet coloureds were the least armed.

    You couple that to the negative correlation between rates of gun ownership and homicide rates apparent from the fact that after 1994 a million black people got registered handguns yet the homicide rate has been in steady decline and the MRC ‘study’ is a non-starter.

    The MRC Ethics Committee ought to have fired them.

  • Brett Nortje

    Maggs, you have to admit your credibility as a pundit is at an all-time low after the ABZ campaign floundered this weekend.

  • Maggs Naidu – Yikes, another seven years!

    Brett Nortje
    December 4, 2012 at 10:54 am

    Hey G,

    “Maggs, you have to admit your credibility as a pundit is at an all-time low after the ABZ campaign floundered this weekend.”

    Eish, what can I say.

    Even Nostradamus was wrong, once!

  • Zoo Keeper

    Brett

    You not only need to complain to the MRC but ensure that the research is carried out which properly reflects the situation.

    If you can prove that strengthening a woman’s ability to resist her attacker in the moment that counts reduces intimate femicide, as well as reduces violent assault in general, they have to take that and publish it.

    You have to break the ideological hold that control has. That’s why a cheap way to get the conversation going is to send copies of Joyce Lee Malcolm’s work to media personalities, and come out aggressively once the GFSA response comes out. you will be afforded the space you haven’t been because the decision makers in the media will now want to hear from you.

    Force them to prove, with logically constructed argument and back-up facts and figures which have not been “over controlled”, that they are right and Malcolm is wrong.

    It costs R340 at Exclusive Books. Sending out 100 copies could be the best R34 000 GASA has ever spent. Cheaper than a day in court…

  • Blue Ozone

    Brett Nortje
    December 4, 2012 at 10:54 am

    I’m going to be sooooo happy. Even if it is just to see the real RACIST types – maggs and liewe Pierrietjie FAIL once again with their intensive anti-leftist propaganda campaign.

  • Brett Nortje

    You’re not thinking of our country.

  • Blue Ozone

    Brett Nortje
    December 4, 2012 at 11:55 am

    “You’re not thinking of our country.”

    I’m sure you would be much happier with Mr. Julius Malema. Do not forget that maggs and liewe Pierrietjie did not find the time or the moral backbone during past 4/5 years to speak out, even once, against such blatant fascism. And that is because they both hope to benefit from such a catastrophe.

  • Gwebecimele

    “You know, people who take public platforms and pronounce, half the time they don’t actually mean what they say and they never actually act on what they say,” he said. “Chances are, he [Malema] makes the pronouncement, goes home and sleeps.” Mothlante

  • Blue Ozone

    Gwebecimele
    December 4, 2012 at 12:23 pm

    gwebs. I may be a “stupid” WHITE. Certainly I didn’t benefit from Apartheid as much as I should have. Granted, there are many things I don’t understand, for example why one would spend 40 billion on fighter jets when you are facing when the nation suffers form basic educational crises, or how you can maintain law and order when a “friend of the Mafia” is the Commissioner of Police, or how you can wait until the electricity network gets so overloaded before you do something about it when you are trying to fix the economy. But even I now when a “leader” takes to a public platform and pronounce certain things then there are certain people who are even more stupid than me who take those things seriously and may even act out on it.

  • Maggs Naidu – Yikes, another seven years! (maggsnaidu@hotmail.com)

    Blue Ozone
    December 4, 2012 at 12:10 pm

    Pah Racist WHITE Boy!

    “And that is because they both hope to benefit from such a catastrophe.”

    In India catastrophes are not something to worry about – if 100 million coolies die from disasters, starvation, disease, GENOCIDE – well our factories go into overtime producing more!

    Anyway catastrophes are the grease that keeps the wheels of religion churning – so we always pray for more.

  • Blue Ozone

    Maggs Naidu – Yikes, another seven years! (maggsnaidu@hotmail.com)
    December 4, 2012 at 13:54 pm

    “Anyway catastrophes are the grease that keeps the wheels of religion churning – so we always pray for more.”

    Yep. It is good to know that religion produced great visionaries, leaders like King, Ghandi and Tutu that seeks to defeat hatred with love. Given the intense hatred that you atheists seem to share for not only for humanity but also for yourself.

  • Maggs Naidu – (maggsnaidu@hotmail.com) – Zuma MUST go!

    Blue Ozone
    December 4, 2012 at 16:06 pm

    Hey Blue Boy,

    “It is good to know that religion produced great visionaries, leaders like King, Ghandi and Tutu that seeks to defeat hatred with love.”

    And the hatred that the “great visionaries” fought was produced by?

    So what was so visionary about Gandhi? That he sucked up to those occupying forces who pillaged his country? Or that Hitler was his “friend”? Or that he beat and abused his wife? Or that he was a then modern day Cinderella?

  • Blue Ozone

    Maggs Naidu – (maggsnaidu@hotmail.com) – Zuma MUST go!
    December 4, 2012 at 17:03 pm

    Yes sure. Religion has caused all the troubles in the world. Never mind capitalism, nationalism, communism, etc. etc.

    Yet another reason Afrikaners should be granted their right to self-determination. They are God-fearing people. and they don’t want to be governed by greedy, corrupt “friends of the Mafia” who steals government money that should be used to develop the nation and alleviate poverty.

  • joeslis

    “[Afrikaners] are God-fearing people.”

    Please, Pierre! It’s time for a new post!

  • Mikhail Dworkin Fassbinder

    “Afrikaners are God fearing people”

    He is right.

    That is why they abandoned apartheid. After much thought, they figured out that is was UNCHRISTIAN!

    Thanks very much.

  • Gwebecimele
  • Gwebecimele

    The Matriculant at sabc is at it again

  • Blue Ozone

    Gwebecimele
    December 4, 2012 at 23:20 pm

    Of course gwebs. It can never be anything else. We all witnessed first hand how HF Verwoerd gave the orders to fire at Marikana, how HF Verwoerd mind fucked Thabo Mbeki into spending 40 billion in 1999 on useless military hardware instead of social investment. Or government pisses out billions every year on dodgy tenders instead of doing the job.

    Can only be because of “apartheid” – all of that.

  • Brett Nortje

    Mikhail Dworkin Fassbinder says:
    December 4, 2012 at 22:19 pm

    Good!

    You’ve caught on. At last.

    Whew!

  • Blue Ozone

    Brett Nortje
    December 5, 2012 at 7:04 am

    I would further disagree that “the history of the migrant labour system loosened the bonds of family life and dislocated communities” was caused by Apartheid. In fact under Apartheid black people were given their own customary independent homelands where they could abolish all forms of coercion associated with British colonialism like those infamous “hut taxes” if they wanted to.

    http://en.wikipedia.org/wiki/Hut_tax

    So I would argue that the violence we saw in the mining sector stems from the legacy of British colonialism and the CAPITALISM, both systems that are enthusiastically perpetuated by the ANC regime.

  • Cicero Langa

    Speaking of fearing gods, is Jacob taking his umshini wami to Mangaungi?

  • Brett Nortje

    Blue Ozone says:
    December 5, 2012 at 7:45 am

    So, how do we unscramble the egg?

    You’re a ‘group’ thinker, ‘we’, the collective.

    To those of us who think in terms of the ‘individual’, the ‘I’, ‘me’, ‘he’, ‘she’, a good start is to give individual ownership of the communal land they live on, which ownership can be used as the building block of capital formation.

    (Of course, that would be in the other ‘state’ of the two-state solution.)

  • Blue Ozone

    Brett Nortje
    December 5, 2012 at 8:33 am

    “To those of us who think in terms of the ‘individual’, the ‘I’, ‘me’, ‘he’, ‘she’, a good start is to give individual ownership of the communal land they live on, which ownership can be used as the building block of capital formation.”

    A good start would be that “we” do not think for “them” and tell them how they should conduct themsleves or share their own communal wealth. I’m sure even you would appreciate such a basic principle of mutual cultural respect and the right to self-determination.

  • Brett Nortje

    Has anyone ever asked them?

  • Maggs Naidu – Yikes, another seven years!

    Brett Nortje
    December 5, 2012 at 8:33 am

    Hey G

    “You’re a ‘group’ thinker, ‘we’, the collective.”

    Blue Boy speaks for ALL racist WHITE people!

    Like the infamous JP, he has a mandate.

  • fh – the silent reader

    Pierre, it is urgently time for a new blog to force my silence.

    Port Elizabeth has a missile crisis:

    “Monday 19 November 2012 16:35
    SABC

    Only two half rolls of toilet paper to service more than 20 toilets.(SABC)
    Tags:
    • Nelson Mandela Bay
    • SABC NEWS
    • Kupido Baron
    • Stanford Slabbert
    Red tape and bureaucratic bungling has resulted in the sitting with an embarrassing problem. They are experiencing a toilet paper shortage for their public facilities.

    The SABC News team visited five public toilet blocks in the city, finding only two half rolls of toilet paper to service more than 20 toilets. According to Metro Spokesperson, Kupido Baron, they have had problems with the quality of paper their supplier gave them.
    He assured the SABC News team that the toilet blocks they visited would be fully stocked with toilet paper by the end of today. “This can be fixed in a matter of minutes or hours. It’s not a problem, it can be fixed,” added Baron.
    Residents and local visitors in the city expressed their disappointment in the way the Nelson Mandela Bay Metro does things.“Basically, there is no stock left at our metro stores and no reason from supply chain management division and it would appear that public health must close the blocks,” said Beachfront safety sector forum Stanford Slabbert.
    The metro maintains that the public toilets will remain open.”

  • Alibama

    Listening to [the beginning of] Langa’s tribute to ‘Chalkston’, I was reminded
    how the natives, appropriately, are aware of the WORLD watching them.
    Whereas the [soon to be moving] settlers consider themselves as the center
    of the world, and eg. ignore what’s currently happening in Egypt.
    I don’t think they even understand the MASSIVE implication of how the Zimbabwe
    dream was exposed. The ability to acknowledge OUTSIDE pressure/opinion
    is what PdV article explains. One needs to see the BIG picture.
    Yes “coldly, according to the law”. But the law is made by the legislators
    who are made by public opinion.
    Cyril and Tokyo understand very well that the goodies that they want
    come ONLY from the hated foreigners.

  • Maggs Naidu – (maggsnaidu@hotmail.com) – Zuma MUST go!

    Finding the department liable for Zuma’s injuries, the judge pointed out that R700 000 had been spent tarring the road leading to the Albert Falls farm of Transport Minister S’bu Ndebele, who was KZN premier at the time.

    The court had heard that the surfacing of the D173 dirt road leading to Ndebele’s house was done during the 2004/05 financial year, when Zuma was injured.

    “There appears to be no obvious reason why the road was upgraded to tar, and none were proffered by the province,” Combrink said.

    The court had held an in loco inspection of the D173, a minor road leading into a sparsely populated area comprising farmland.

    He said that during the inspection, which lasted more than 40 minutes, only two cars were seen travelling on the road.

    The upgrade was done using funds that were probably redirected from other areas of the department’s work programme, Combrink said.

    “To endeavour to claim that there were insufficient funds to properly repair the relevant section of the R33 road that included the pothole in question, appears to be cynical, to say the least.”

    According to testimony led during the trial, the cost to repair the pothole would have been a mere R500

    http://www.iol.co.za/news/crime-courts/payout-for-pothole-accident-victim-1.1436780#.UMCmN2c2eVo

  • Hemerman

    I always hear people complaining about “politicization” of courts and I get confused because courts will not hear a matter unless they have jurisdiction. And if a court has jurisdiction on the matter why should it shy away from hearing that matter? What happened to “without fear or favour”?

    On daily basis courts hear matters between church man, tribal man, drunkards, motorists, etc.

    Why then are we not concerned about the “religization”, “tribalization or the “trafficazation” of courts? A view that a dispute would rather be dealt with politically is not a test for jurisdiction. Have politicians become holly cows? A judge should be ready to preside and make judgments even on matters which she thinks it is not palatable to do so.

    It seems to me that Davis is more comfortable dealing with dispute amongst the powerless.

  • Some ouen

    It is therefore important to clarify what Judge Davis meant.”

    I think only Judge Davis can do that eh? What you probably want to do is to reinterpret what Judge Davis wrote.