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Sue? Nah, never

Julius Malema said today that he “will take legal action against the Star newspaper and consider doing the same with other newspapers” because they defamed him. I will donate one months salary to the ANC Youth League if Malema’s defamation suit against The Star is ever heard in court. Unless Malema is really stupid – which I do not think he is – he will never actually follow through on this threat.

The reason is very simple.

If he sues The Star, the central questions in such a case will be whether The Star defamed him, whether the defamatory allegations were untrue, and whether the newspaper was negligent in publishing incorrect and defamatory statements about him. This will be rather traumatic for Juju and will become one of the most sensational trials in South Africa’s history.

Usually it will not be defamatory to claim that someone has paid cash for his home or that he only earns R20 000 per month. Alleging that Patrice Mosthepe, say, or one of the Oppemheimers, paid cash for a house would not be defamatory because paying cash for a house is not a crime and neither does it say anything about the character of that person.

It could be considered defamatory if a court found that the report wrongly implied that Malema was corrupt or that he was a liar by having claimed on TV that his only source of income was his ANC salarywhen it was not. The Star report does imply that he has access to funds over and above his salary, so whether he has other sources of income will become a central matter in the trial.

The defamation trial will then become a very public lifestyle audit of Malema who will be forced to reveal all his sources of income. His bank statements and his lifestyle will go on trial and under cross examination he will have to answer questions about how he can afford a R250 000 watch on an ordinary ANC salary.

The newspaper’s lawyers would request to access to all of Malema’s financial dealings – his salary, his other sources of income, his expenses – which will all be laid bare in court. Malema will be cross examined about his R250 000 watch, his business dealings, his interactions with Polokwane politicians and municipal administrators.

As Oscar Wilde, Jeffrey Archer and Ronald Suresh Roberts found to their detriment, a defamation case can expose one to serious scrutiny and can expose the existence of facts which may well prove the very defamatory allegations which one had approached the court to challenge and disprove and could really destroy one’s reputation

Unless Julius is therefore absolutely clean and really only live on an ANC salary (something very few people would believe) , bringing a defamation case would be a gamble of such irresponsible proportions that Malema, or at least his legal advisor (will he employ black council?), would not want to take that chance. A litigant who sues for defamation better have clean hands. If he does not, he risks losing everything. Even if he does not lose everything, his lifestyle – warts and all –  will be exposed in court and very few litigants will emerge with their integrity in tact.

The threat of legal action reminds one of the threat to sue for defamation which was made by Jacob Zuma and Judge President John Hlophe. In both cases these threats were publicity stunts. We all knew the cases would never go to trial but those making the threats hoped that making such threats would create the impression that they had nothing to hide. It’s an old trick, but I wonder how many still fall for that.

In any event, it has now emerged that Malema has been less than truthful when he claimed yesterday that he has given instructions to lawyers when he became ANC President to deregister his directorships of companies. One company of which Malema is a director was only registered a year after he became Youth League President. He could therefore not have done what he claimed to have done.

In any case, this is not the issue, as one can still benefit financially from a company even if one is not a director. The question is not whether he is a director of companies, but whether he benefits financially from these companies and whether these companies have fairly – without corruption – obtained the government tenders.

To come clean Malema will have to show that these companies tendered in an open and transparent process for government work and obtained the tenders because it was best placed to deliver the work at the most competitive price. I for one would be surprised if this was the case. Given Malema’s political influence, it is not unreasonable to suspect that he used his connections to get the tenders – which would constitute a criminal offense. That is why the allegations are so damning and why Juju is fighting so hard to try and address them. The newspaper reports have now tainted Malema because the stench of corruption hangs over him.

If Malema wants to clear his name he will have to bring evidence that the tenders were awarded to the company with the best track record who offered to do the work at a reasonable price. This he has not attempted to do. His silence on this score, will lead many to draw their own conclusions.

Whatever happens, The Star is safe. They will never have to meet Malema inside a courtroom as Malema cannot afford to have his finances and lifestyle exposed

108 Comments

  1. Maggs Naidu says:

    There is a way out of the negative limelight – move it to someone else.

    Someone (or several) who is corrupt, vulnerable, high profile.

    Maybe Patricia de Lille will end up with more dossiers in the coming days.

  2. mzo says:

    Prof

    ” The question is not whether he is a director of companies, but whether he benefits financially from these companies”

    I agree, this is the real question, one he answered this morning on SAFM by saying NO, he did not benefit after he was appointed President of the YL. Unless someone has information that proves the contrary, I’m inclined to take his word (so far).

    “Malema will have to show that these companies tendered in an open and transparent process for government work and obtained the tenders because it was best placed to deliver the work at the most competitive price”

    Surely you are not suggesting that this is now the (new) legal standard in SA law. Wouldn’t that be for the Tender Comm that awarded the contracts? In any event, if he was no longer actively involved in the Co (as he claims), how exactly will he do this?

    “Whatever happens, The Star is safe”

    I agree. I also do not believe that Malema will take any action against any newspaper but I am concerned about the quality of our media reports – a little more research will really assist!!

  3. Pierre De Vos says:

    Maggs Naidu posts the following:

    mzo says:
    February 23, 2010 at 7:01 am

    Not sure what happened to my posting – here it is again.

    “they say the Co got tenders between 2007/2008 and yet we here that the entity in question was only registered last year”

    This should clear up a bit :
    ——————————————————————————————————–
    Enterprise Name SGL ENGINEERING PROJECTS
    Registration Date 28/05/2008
    Business Start Date 28/05/2008
    Enterprise Type Close Corporation
    Status History
    Current Enterprise Status Conversion CO/CC or CC/CO
    Standard Industrial Classification ENGINEERING AND TRANSPORT
    Telephone Area Code
    Telephone Number
    Fax Area Code
    Fax Number
    Registered Address 314 MARSHALL STREET
    FLORA PARK
    POLOKWANE
    0699
    ——————————————————————————————————–
    Enterprise Name SGL ENGINEERING PROJECTS
    Registration Date 12/05/2009
    Business Start Date 12/05/2009
    Enterprise Type Private Company
    Status History
    Current Enterprise Status In Business
    Standard Industrial Classification ENGINEERING AND TRANSPORT
    Telephone Area Code
    Telephone Number
    Fax Area Code
    Fax Number
    Registered Address 314 MARSHALL STREET
    FLORA PARK
    POLOKWANE
    0699

    http://www.cipro.co.za/temp/o2kc4t55vxpgis555mh0etfl.asp

  4. Pierre De Vos says:

    Mzo, as Michael Trapido points out: “In the event that Malema does institute action for damages arising from the “defamation” that he alleges are contained in certain newspaper articles then he will soon come across civil procedures that will require truthful and comprehensive answers to questions which he has been able to avoid up to now.

    In the first instance, at a stage before trial, he will be required to discover all documentation relating to the relevant periods referred to in those articles which includes the time during which those tenders were made and all accounts thereafter. In essence a lifestyle audit but in more detail than even SARS require. The defendants attorneys will also be able to issue other subpoenas (ducus tecum)to all the relevant departments for full disclosure of their documents as well.

    If that’s not bad enough then wait for the trial. Malema can then be cross-examined on all his affairs as soon as he finishes his evidence in support of his claim. In this regard the newspapers have documents upon which they rely to make the allegations and which they will ask him to explain one after another.

    In terms of his own case and in order to show that these articles are false he will have to start by making a full disclosure of his financials and lifestyle and ensure that he includes everything because every time he is found to be short during cross-examination his credibility will go for a loop.

    Of course the main highlight will be when the defendants go onto the defence and produce all the documentation in support of their articles for the country to see. It will be the “Everything you wanted to know about Malema but were afraid to ask” show”

    Malema has been defamed (he has been called a liar and the impression has been created that he corruptly obrtained tenders). If he fails to sue, it will mean he has something to hide. Your touching belief in the truth of his statements will then have been proven to have been misguided.

  5. Chris says:

    Julius Malema: “I am not even rich… I am the poor.”

    Julius Malema: “The ANC is paying me very well.”

    This just doesn’t make sense.

  6. Maggs Naidu says:

    Chris says:
    February 23, 2010 at 7:52 am

    “This just doesn’t make sense.”

    :)

    That’s just novel!

    Where have you been for the last few years????

  7. Snowman says:

    In my experience of many years, CIPRO company and close corporation records are way behind. Unfortunately SAPA aren’t aware of this.

  8. Mikhail Dworkin Fassbinder says:

    Mzo is right.

    The liberal media will do anything to destroy Zuma — taking advantage of the fact that the liberal Constutional Court has, with respect to defamation actions, elevated the liberal value of “freedom of speech” over the Ubuntu-based value of dignity.

    Liberal whites just do not want black diamonds to shine. Look how many young whites drive snazzy cars. No one questions that.

  9. Chris says:

    I’m married to Mrs Moodley, and she is keeping a tight rein.

  10. mzo says:

    Pierre De Vos says: February 23, 2010 at 7:36 am

    So I suppose we already know that any tender that may have been given in 2007 would not have been given to this entity. I wonder how much of the reported R140m will be affected.

    Pierre De Vos says: February 23, 2010 at 7:45 am

    Like I said before, I do not for a moment believe that he will actually sue for defamation. However, your explanation of the litigation procedure, which I’m familiar with, does not answer the questions I asked earlier: why would it be his responsibility to justify the awarding of the tender? Surely he can never positively testify that his Co’s tender was the best one because he would not have seen the other ones, unless of course you are suggesting that he actually had access to such documents!!

  11. Mikhail Dworkin Fassbinder says:

    @ Maggs

    “Where have you been for the last few years?”

    Maggs, the phrase “last few years” reeks of nostalgia for apartheid.

    Please withdraw or clarify.

  12. Maggs Naidu says:

    Mikhail Dworkin Fassbinder says:
    February 23, 2010 at 8:22 am

    Hey Dworky – please send your DNA code.

    Your history is a bit mixed. Apartheid = the bad old days, the bygone era, the evil regime wadda wadda wadda.

    Ok – I concede that there are times when “This just doesn’t make sense” did not apply – I unconditionally withdraw.

    “Good morning”, “it’s hot today”, “let’s have some blue label”, “may I have a Breitling, landrover, clk, porsche,….”, “I’ll buy that house. And that one too”, “Do you know who I am?”

  13. spoiler says:

    Can’t wait to see what work SGL engineering did and how they went about it.

  14. Thomas says:

    I am worried that politicians and their kin can get tenders like this. It is worrying that the politicians are corrupt and manipulating the people. At the same time I am perplexed by the commentary about this Malema issue. My first worry is that the media is making the very same politicians martyrs. The media reports on stories as if they are the judge and jury as the Americans would say. They say they have investigative journalists that quote sources and informants but no concrete evidence. Where are the documents to proof that Malema was a director or not.

    You comment on the matter is also strange. You are saying in essence that in a South African court no one win a case of defamation of character. The court and the lawyers will destroy the character of the complainant and the complainant is doomed. Then why is it that you in previous blogs ask for people to prove their innocent through by laying a charge of defamation of character. Where you just asking for them to expose their laundry?

    Can someone please explain how one wins one of these cases and why this one cannot be won.

  15. Sarah Palin says:

    It is absolutely clear that Malema is benefiting from some sort of corruption, whether it be tender rigging or backhanders from big business with a view to the future or even his current political clout, or something else. There is simply no way that he could finance his lifestyle on his salary. I fail to see what other people’s corruption has to do with this, whatever their race and however they ‘earned’ their fancy cars or Breitling watches.

    Malema is lying brazenly and is confident that he can continue to do a Floyd and say ‘Fuck you and up yours’ to anyone who questions his behaviour. He’s not the only one espousing one view while living the opposite. (Vavi springs to mind.) JM reckons if he keeps shouting ‘Infamy, infamy, they’ve all got it in for me!’ long enough and loud enough, the masses will continue to believe and support him.

    But, Julius, I hope you know your other Shakespeare, cos one day you might well be saying ‘Et tu, Floyd’. I tell you, bra Juju: ‘Beware the ides of March!’

  16. Thomas says:

    SORRY:
    Your comment on the matter is also strange. You are saying in essence that in a South African court no one can win a case of defamation of character. The court and the lawyers will destroy the character of the complainant and the complainant is doomed. Then why is it that you in previous blogs ask for people to prove their innocent by laying a charge of defamation of character. Where you just asking for them to expose their laundry?

  17. shakira says:

    In my opinion there is not much to this story at this stage. The newspaper reports basically told us that Malema is a director of companies that have secured government tenders in Limpopo. There is nothing improper about that since Malema is not a public official. Furthermore, none of the newspaper reports provided any proof that the tenderprocesses were rigged or that the processes followed were not transparent, equitable and fair.

    It is clear that what is being played out in the media at this stage is ongoing war between Malema and the left (SACP and trade unions) that has branded Malema and his ilk Kebble-ists and tenderpreneurs and has called for lifestyle audits.

    I find Malema to be a very offensive person, but I find myself to be in agreement with some of his comments regarding the standard of journalism that is on display here. It is clear that the reporters rush off to publish a story after a tip off, without doing some proper investigation first.

  18. John Roberts says:

    To all those that doubt the press :

    The press already have all the details. They just release bits at a time to maintain interest and to give Julius enough rope to hang himself with his denials.
    They did this with Manto … they had all the info about her theft long before they published it but waited for the top brass to come to her defence before they explosively releaded it on a Sunday.
    Same will happen to Julius.

  19. mzo says:

    shakira says: February 23, 2010 at 9:20 am

    My sentiments exactly. Could not agree with you more!!

    John Roberts says: February 23, 2010 at 9:34 am

    I supppose the recordings / notes of the “exclusive interview” that Sello (the M&G journo) had with Hlophe JP will also come out very soon. Don’t hold your breath. Some of these journos are just plain incompetent, knowing fully well that they can rely on the over-(ab)used “press freedom”.

  20. cj grobler says:

    This guy is well connected; with the team that helped his Mentor he should easily get out of this predicament.

    “I’m saying so because we have got a document of a list of people and I will make it public. We just took it to the police for them to verify it. A list of people who must be targeted … and these people are called Zuma people,” he said in reference to President Jacob Zuma.

    The document came from intelligence officers, he said.

    “Intelligence has got a responsibility to deal with that and they found this to be very unacceptable and they thought they needed to alert us,” he said on the After Eight Debate.
    http://www.news24.com/Content/SouthAfrica/Politics/1057/305780346613491b9fb80e26fb33bedc/23-02-2010-11-17/Malema_hands_target_list_to_cops

  21. John Roberts says:

    @ cj grobler

    You can bet that Zuma’s mate old Mo Shaik now in charge of “Intelligence” has also drawn up a list of people who must be targeted because they are Zill supporters. Except this list will never be made public or even acknowledged. The people will quietly be dealt with. I shudder to think that our state security is in the hands of Mo Shaik.

  22. Chris says:

    Thomas says:

    Thomas, these cases can be won. The problem for the plaintif (Malema) is this:
    It would not be enough for him to show that the publications were not true. He must show that in all the circumstances of its publication it was unreasonably made. Do to that he will have to throw everything into the open, his salary, his contracts, his business dealings, his directorships and resignations, his watch, his bank statements. He will also be cross examined by the best advocates the newspapers can afford. He probably wouldn’t want to do that.

  23. Maggs Naidu says:

    shakira says:
    February 23, 2010 at 9:20 am

    “There is nothing improper about that since Malema is not a public official.”

    Neither is there anything improper about the media investigating what seems to be extra ordinary.

    Take into account that Malema had previously denied being involved in business.

    Given that the cc/company was registered in 2008, the number of tenders that it received (21 if reports are accurate) and the size should be explained. If I understand it correctly there is a process for companies to be CIDB graded.

    “The grading system

    “The Register of Contractors grades all contractors according to their capability to perform construction projects. A contractor grading designation is determined by assessing both financial and works capabilities. This is based on the contractor’s past performance.

    “Financial capability is evaluated in terms of the contractor’s Best Annual Turnover during the past 2 years, the largest works contract the contractor has performed in the past 5 years, and the value of the available capital that a contractor is able to secure in order to perform a construction works contract. Available capital is determined by assessing the contractor’s net asset value and financial sponsorships that they may have secured. Nett Asset Value is equal to the contractor’s net assets minus liabilities.

    “Works capability is evaluated in terms of the largest contract the contractor has performed in the class of works applied for, as well as compliance with statutory requirements (e.g. registration with the Electrical Contractors’ Board of SA). The contractor must also have the required number of qualified professionals in their employ for the grade applied for. These can be either full-time employees or full-time equivalent.”

    https://registers.cidb.org.za/defaultContractors.asp#2

  24. mzo says:

    John Roberts says: February 23, 2010 at 10:22 am

    “I shudder to think that our state security is in the hands of Mo Shaik.”

    I am with you in this regard. I was also alarmed when Juju said “they” (whoever that is) are in possession of this list which was handed to “them” by intelligence officials.

    Why would the intelligence services be giving information to the ANCYL/Juju given that they are not part of the government? Whoever said anything about the abuse of power during the previous administration has not seen nothing!!

  25. Maggs Naidu says:

    mzo says:
    February 23, 2010 at 10:54 am

    “Why would the intelligence services be giving information to the ANCYL/Juju given that they are not part of the government?”

    If this is true the Intelligence Minister needs to explain – it’s beyond outrageous!

  26. Maggs Naidu says:

    “If this is true the Intelligence Minister needs to explain – it’s beyond outrageous!”

    Oops – I fell for that one. Darn!

    He’s lying – to distract the attention.

    The list is all made up, probably of people he now wants to target and shift the focus away from himself.

  27. lwando says:

    hi

    i missed the relevance of “(will he employ black counsel)”. can someone explain that to me.

  28. Observer says:

    You are correct, Prof. Julius can ill afford to display his financial situation and has now taken to hiding behind ‘family reasons.’

    http://www.eyewitnessnews.co.za/articleprog.aspx?id=33268

  29. Mike Atkins says:

    Shakira, Mzo,

    The awarding of tenders is improper if one of the factors involved in the process is the fact that a Director (and financial beneficiary) of the company involved is a leading figure in the “ruling party”. From this one draws a clear inference that political affiliation counts more than competence or cost in the awarding of tenders.

    But let’s get all of the facts. Can someone give us a list of tenders awarded, tyhe dates, and the scope of work involved. And then can someone investigate to see whether that work was done.

  30. spoiler says:

    “JuJu creates his own language” could be a headline. He is a “family man” and that guarantees him the right to say nothing. Hilarious. Truly we have nothing to worry about with such creative leaders as Cde Malema waiting in the wings.

  31. Mikhail Dworkin Fassbinder says:

    @ Lwando

    I am utterly convinced that Cd Malema will employ solely black counsel.

    He will thus avoid following the terrible example set by Hlophe JP, Nthai, Selebi, JZ, and many others.

  32. sirjay jonson says:

    Regarding the criticism of the Press which we hear so often when a political figure is having damming information revealed through their efforts: Considering the severely diminished capacity today of true Democratic justice in SA, as in all are no longer equal under the law, who else, may I ask will investigate the many dishonest travesties we are faced with, if not the Press.

    Are you who criticize the media under the impression that a Free Press should not inform the people when honesty and Democratic principles are replaced with corruption, when theft, fraud and hypocrisy abound? Are you not ignorantly suggesting a non-Democratic state, dictatorship perhaps, fascist?

    When a Democratic country slips from its standing, first it is justice to be weakened, infiltrated, made impotent, then guess who they gun for… the PRESS.

    We should count our lucky stars to have the quality of press we have, and the freedom to express ourselves. And we should insist on retaining that freedom.

  33. Donovan says:

    Sarah Palin wrote:

    “He’s not the only one espousing one view while living the opposite. (Vavi springs to mind.)”

    Am I missing something? How does Vavi fit into this? Has he been a recipient of state tenders? Does he live a bling flashy lifestyle? I read The Star newspaper’s lifestyle audit and my opinion is that he came across of living up to the views he espouses. I do not quite understand.

    Oh and I also hope that Kallie Kriel from Solidarity also gets a lifestyle audit.

    The questions being raised in terms of the process raised by Prof in terms of defamation, really expose that the media can literally raise ‘facts’ in a certain way and clearly an individual citizen has very little legal recourse. For the law to be equal and fair shouldn’t the power of the media be balanced by the Courts so as to protect individuals from the a much more powerful institution namely the media?

    Also Prof, please answer on the relevance of whether or not Julius Malema undertakes Black counsel or not. I am quite interested on why you raised this matter.

  34. Maggs Naidu says:

    Mike Atkins says:
    February 23, 2010 at 11:32 am

    There’s nothing unusual about companies with the right “political affiliation” winning tenders – consider Haliburton/Iraq or BAE in various countries. Patronage is a reality.

    It seems that this young man lies about a lot of things.

    He “did not know” that the car he rode in, more than once, did not have licence plates.

    He did not benefit from companies in which he is a director.

    His only income is his salary from the ANC.

    He did not pay cash deposit for his house.

    And and and.

    Most of all he has now given a list of names of his “comrades” for the police to investigate as he had threatened to do, pretending now that the list was given to him by the NIA – he has set up a lot of people in the ANC. The list should hit the media soon.

  35. Pierre De Vos says:

    Thomas, no that is not what I am saying AT ALL. I am saying that if one is to sue for defamation one should come to court with clean hands. If one has something to hide one should not come to court because chances are that what one wanted to hide will be exposed.

    Mzo, I do not understand your comments. You seem to suggest that where a powerful and well-connected politician of the governing party is alleged to have made millions of Rands from government tenders by being a member of a two-person engineering firm when that politician has no provable engineering or business skills, that has nothing to do with us and the media is irresponsible for reporting on this. My view is that this is myopic in the extreme. We all know that there is corruption and nepotism in government tenders. We also know (because the Minister of Finance told us so) that this costs the state billions of Rands and that service delivery suffers as a result.

    Allegations that a well-connected ANC politician suddenly made millions from government tenders is therefore a VERY BIG deal. It goes to the heart of what is wrong with our system of government and to the problems with service delivery. It might well be that these tenders were really given to Malema’s company because it was the best company for the job who made the lowest bid, but on a preponderance of probabilities the opposite seems more likely. As a politician and thus as a public figure Malema has a duty to refute the very legitimate inferences that ordinary voters may draw from the available evidence. He can do so by opening his bank accounts to public scrutiny to prove he has not benefited from tenders, or by asking the various tender committees to show that his companies’ tender was the best one, or by sueing the media for defamation. If he fails to do so, I for one would be hard pressed not to conclude that he took food out of the mouths of the poor. It is called ACCOUNTABILITY. I know this is not a popular notion amongst those who benefit unlawfully from tenders, but it is rather democratic.

  36. Maggs Naidu says:

    Pierre De Vos says:
    February 23, 2010 at 12:54 pm

    “We all know that there is corrupotion and nepotism in government tenders. We also know (because the Minister of Finance told us so) that this costs the state billions and that service delivery suffers as a result.”

    The ANC also said so at Polokwane – resolutions were passed to deal with the corrupt and corruption.

    The ANC election manifesto encompassed a range of actions to resolve corruption which is “endemic”.

  37. Anonymouse says:

    The current vote in a News24 poll:

    Voting Booth
    Julius Malema’s explanations about his business interests:

    Are plausible and satisfactory
    Leave a lot of unanswered questions

    Are plausible and satisfactory 3% 137 votes

    Leave a lot of unanswered questions 97% 4479 votes

  38. Mikhail Dworkin Fassbinder says:

    @ Maggs

    I continue to be disappointed by the liberal racism that has again reared its ugly head.

    (Please remember, Cmd Malema did not join the struggle to remain poor!)

    I am convinced that the left (inspired by the white communist Cronin), is conspiring with the liberals to undermine everything the black man has achieved.

    I demand that they stop!

  39. Maggs Naidu says:

    Mikhail Dworkin Fassbinder says:
    February 23, 2010 at 13:16 pm

    Again you are wrong.

    Please get your facts right.

    Cronin is not “the white communist”.

    He is “the white messiah”!

    And his comments were very demeaning – how on Earth could he mistake Breitling for Bling!

    p.s. please choose either liberal or racism – “liberal racism” according to what you wrote elsewhere is incestuous at best.

  40. Thomas says:

    Prof Pierre De Vos says:
    February 23, 2010 at 12:54 pm

    What you are saying is that you certain that Malema rigged the tenders or the tenders were rigged or he has something to hide etc. Can you please supply us the proof.

    A Question: Can opposition be queried for business interests and life styles or are they immune to such. If lets say Zilles husband or child has a business do they have to answer or does this apply to the ruling party only.

  41. mzo says:

    Pierre De Vos says: February 23, 2010 at 12:54 pm

    You have clearly misread my comments. I am all for the media reporting on these things, otherwise how else are we going to PROPERLY exercise our right to vote. We need to know about these things.

    I do however have serious issues with the apparent irresponsible reporting where journalists just seem eager to write a story without getting even the basic facts rights. Irresponsible reporting, in my view, is just as bad as the kind of “freedom” (or lack thereof) the media has in Zimbabwe.

    Report on all these things, but do your job properly!!

  42. Mikhail Dworkin Fassbinder says:

    Mzo is right.

    I condemned the apartheid government unequivocally.

    But Minister Jimmy Kruger had a point when said that he was all for freedom of the press — provided that the press exercised its freedom RESPONSIBLY.

  43. mzo says:

    Pierre De Vos says: February 23, 2010 at 12:54 pm

    “He can do so by opening his bank accounts to public scrutiny to prove he has not benefited from tenders”.

    If this is the standard, small wonder why he has failed to refute the so-called legitimate inferences. The standard is too high and it appears that, in Prof’s book, it does not suffice that he has said SARS (an institution tasked with this role) can come and have a look at his books.

  44. Pierre De Vos says:

    Mzo, you know for a lonmg time I believed my parents who told me there was a tooth fairy and a Father Christmas because it made me feel good. It was quite sad to find out they had lied. You seem to have an astonishing naivity as you believe Julius and not what you see before your very own eyes (the many cars, the big house, the R250 000 watch). One quick question: How would Julius be able to afford the car and bond payments (which would be about R50 000 per month if Julius is to be believed) if he only earned an ANC salary? That means he must earn about R120 000 per month net for the banks to give him such loans or about R180 000 gross. That is R2.3 million a year. Do you really believe the ANC pays Julius R2.3 million a year salary, thus more than the President is paid? I don’t. That is why he has lots to explain.

  45. Joe Public says:

    Prof, there are few things that are inconclusive on Juju winning tender. Firstly, we have freedom of contracting, which allows one to get a business opportunity and sub-contract some or all the work to another company. In the tender document, one can specify that they have sub-contracted to specialisit firms and all they do is integration and contract management, in the absence of such prohibition in tender documents. If tender allow this, then we need to deal with it. Secondly, if Juju’s companies were properly qualified and also won on price, then who could be applauded for his ability to squeeze bargain from sub-contractors. Otherwise, we need to check if the tender rules were followed as per PFMA.

    Lastly, you seem to show a bit of double standard with regards to being director of a company and financial benefit. Remember your defence of Judge Moseneke?

    The reality is that, we will have such problems for as long as our people are denied skills and the rules require involvement of BEE in procurement. People who play the rules for their own ends are not breaking the law, they are just making the system more costly, which is bad for us poor taxpayers.

    Our Government is failing us by not ensuring education and skilling of our people. If were to have punitive fines for failure to train and skill disginated employees, companies would focus on skills development and these tender problems would soon be history.

    What do the rest of the commentators think?

  46. Maggs Naidu says:

    Thomas says:
    February 23, 2010 at 13:40 pm

    “What you are saying is that you certain that Malema rigged the tenders or the tenders were rigged or he has something to hide etc. Can you please supply us the proof.”

    There’s a contradiction between saying that the pursuit for a better life for all is being horribly hampered by wanton criminal, corruption on the one hand and retarding transparency and accountability on the other.

    Only the abjectly stupid will believe that Malema did not know that the car he was driven about in on a few occasions did not have number plates – in my view his is a blatant contempt for laws rules and regulations that govern our country.

    I have no issue with Malema’s companies having won tenders – it is worrisome though that there appears, on face value, to be much covering up and simply lying about it.

    Many questions arise and in pursuit of transparency and accountability these ought to be answered – the ANC ought to be pressuring Malema and the institutions involved into answering these questions, not hampering.

    p.s. I agree with Mzo that asking for his bank accounts to be opened to public scrutiny is ludicrous and diminishes the seriousness with which this ought to be treated.

  47. mayimele says:

    Interesting article?

    http://www.news24.com/Content/MyNews24/YourStory/1162/ddbca34431594c7b9266d7af86fb67bd/23-02-2010-09-25/Zuma_looks_overwhelmed

  48. Gwen says:

    Maggs Naidu says:
    February 23, 2010 at 11:02 am

    “The list is all made up, probably of people he now wants to target and shift the focus away from himself.”

    Either way it’s blatant intimidation. “Ask the wrong questions and my buddy Mo will put you on his list”, is what he’s saying.

  49. mzo says:

    Prof, u disappoint me sometimes. As Joe Public points out, the fact that u were prepared to defend Moseneke (someone who is LEGALLY required to declare his shareholding) but lambast a citizen who, LEGALLY, is at liberty to hold as many Directorships as he wants.

    Your continued failure to answer straight questions and resort to changing goalposts is also worrying.

    For the record, I only believe Malema to the extent that I have not seen anything to make me think otherwise.

  50. Maggs Naidu says:

    On another note, surely this is illegal?

    “Former Athletics SA (ASA) boss Leonard Chuene bought a car, an E Class Mercedes-Benz, from the embattled organisation for just R1 in 2004, eNews reported.”

    http://www.timeslive.co.za/local/article323140.ece

    Don’t directors of ASA have a fiduciary duty?

    If so, is the taking of assets by directors at below fair value not violate that duty and hence be criminal?

  51. Pierre De Vos says:

    Mzo, see this report: http://www.news24.com/Content/SouthAfrica/News/1059/c6c08b4fa280457491fb5e23890eaffe/23-02-2010-10-40/Malema_misses_R3m

    It is very difficult not to conclude that Malema has been lying through his teeth. The question is why? Any suggestions?

  52. Maggs Naidu says:

    Oops.

    This guy is toast.

    http://www.timeslive.co.za/local/article323108.ece

  53. EGG says:

    A CIPRO official confirmed this morning on E News that they have never received a de-registration request from Julius’s lawyer. He challenged the lawyer or Julius to produce any correspondence or receipt from CIPRO acknowledging that they had made such a request.
    So is it really true that I can win a R130 million tender by aserting that I will get some competent engineering firm to do the actual work, and that I, rather than the competent engineering firm (who probably also submitted a bid) should be awarded the contract. Cool bananas!

  54. Ehud Olmert says:

    Cant see what the fuss is about? The president of SA has endorsed his millions who are you Lot??? Malema has come clean.. to clarify the matter:

    Journalists sleep with politicians to gain information,

    “We know who receives brown envelopes where, who sleeps with who, who drinks with who until seven in the morning revealing everything,” he said.

    I am not the director of 4 / 5 companies (the mining comp excluded) 5-1=4
    tenders were awarded on merit the reason why the issue was raised is simply because gov in polokwani are jealous

    its a dark force out to get him;;;;;He blamed his “comrades” within the ANC and specifically former Limpopo premier Sello Moloto, now with Cope, for attempting to discredit him.

    “Sars can come to me and I will tell Sars everything, including rands and cents … not you,” said Malema.

    I am not in gov go check zuma`s salary
    go ask the “old man”

    “You come here and make allegations. And you put my child at risk, and my child can be kidnapped because I’ve got R140-million and people will demand R10 million from me because I’ve got R140-million,”

    “It’s not me, it is this office. When I come here they give me a cellphone, a laptop, and they’re trying to make my work easier. I don’t know which car is which one. When they come to me and say, ‘chief, we are using this car today’, I get in and we go.”

    “The car that I drive means it meets my salary and the ANC car scheme. The house that I have, it means my salary can afford it, so I didn’t rob anybody, I didn’t take from the poor to have what I have.”

    “If we are going to refuse the youth to drive these cars it means they are only good for white youth.

    Malema indicated that the ANCYL, with the support of Congress of South African Trade Unions, would continue to influence the ANC on the nationalisation of the mines.

    Malema is a communit , lennenit , & nationalist? interview may make it clearer

    http://mhambi.com/2009/12/julius-malema-vs-deborah-patta-video-interview/

  55. Thomas says:

    again: Can opposition be queried for business interests and life styles or are they immune to such. If lets say Zilles husband or child has a business do they have to answer or does this apply to the ruling party only.

  56. Chris says:

    I get the impression that Julius and PW have something in common: They worry about the Rooi Gevaar.

  57. Anonymouse says:

    Chris – LOL! Only, in Julius’ case, the ‘Rooi Gevaar’ is sometimes called ‘The Third Force’, people that walk around at night, in the dark, so that you cannot see their faces – but now, Mo Shaik has apparently discovered some night vision equipment.

  58. mzo says:

    http://www.sabcnews.co.za/portal/site/SABCNews/menuitem.5c4f8fe7ee929f602ea12ea1674daeb9/?vgnextoid=b0a085b721bf6210VgnVCM10000077d4ea9bRCRD&vgnextfmt=default&channelPath=home

  59. Mikhail Dworkin Fassbinder says:

    Thomas is right.

    The liberal media shows no concern for Cmd. Malema’s right to privacy, or even the safety of his only child.

    And it studiously ignores the vast business empire of “Madam” Zille!

    As EGG points out, all politicians are businessmen.

  60. Mikhail Dworkin Fassbinder says:

    It is very gratifying the our President has made clear that Cd Malema’s wealth is none of his business.

    This is by no means inconsistent with government’s announced plan, about which Maggs has told us, to root out corruption at every level.

    The idea that Cd Malema lacks the business acumen to effectively manage large construction contracts is racist nonsense. No particular “education” or MBA, or “experience” is needed to be a great businessman.

  61. Thomas says:

    Mikhail Dworkin Fassbinder: Your sarcasm has not answered the question. It only makes my belief that people are being ingenious when they talk about accountability etc. They really don’t want to root out corruption and misuse of public resources by politicians; it’s just an attack on opponents. That’s what worries me the most. We see political parties using exorbitant amounts of money for election campaigns but we never ask ourselves where this money comes from. The very people sitting in opposition benches drive expensive cars but we still don’t ask questions. I know at the moment it’s the in thing to criticise the ruling elite, the opposition does not live in shacks as we seem to the believe.

  62. Mikhail Dworkin Fassbinder says:

    @ Thomas

    “We see political parties using exorbitant amounts of money for election campaigns but we never ask ourselves where this money comes from.”

    But Thomas, we know exactly where “Madam” Zille gets her campaign money from: From big business interests that are hell-bent on re-instituting capitalism in South Africa.

    You will recall that three years ago IDASA brought a case in the Cape Town High Court demanding that political parties disclose the sources of their funding.

    Naturally, the DA fiercely opposed IDASA’s application.

    (OK, the ANC also opposed the application. But I am sure they had good reasons. Perhaps Maggs will explain.)

  63. Joe Public says:

    Mikhail, doing business and doing engineering work are different things and require different skills. Engineering work needs to be done by someone who is a Pr Eng lest you expose the general public to dangers of poorly engineered work. This is why certain works are reserved for professionally qualified people or organisations. One would not expect those companies to be closed corporations.

    Common law freedom of contract and constitutional right to trade allow everyone to be in business. However, for public servants, those freedoms are curtailed to avoid graft and corruption. Public servants includes MP and those in executive authority. Malema is neither. Furthermore, one can be employeed and still have business interest as long as permitted by the employer.

    Malema can be questioned, not from being a ‘public figure’ but on how he won tenders from Government, if indeed his company has no requisite skills and finances to do the job. Anything else is double standards. Double standards more often than not are driven by prejudice of some kind.

  64. Anonymouse says:

    mzo says:
    February 24, 2010 at 8:36 am

    Of course Limpopo government would say so – it is being ‘owned’ by ANCYL (Malemaites). Whatch, however, when the Falcons strike, which will be soon, I predict.

  65. Mikhail Dworkin Fassbinder says:

    Joe Public, I agree with you.

    Cmd Malema is a “big picture” businessman. He has but little time to micro-manage the details of engineering works.

    It is a racist stereotype to demand of Cmd Malema that he dig trenches and install heavy cable with his own hands. The days when black men did only manual labour are past! The liberal media had better learn that bitter lesson, and fast!

  66. Brett Nortje says:

    Why is it taking so long to publish details of the tenders won by Malema?

    So we can judge for ourselves whether the taxpayer got value for his hard-earned?

    Service-delivery riots in Orange Farm? Can anyone doubt the ANC gives the taxpayer value for his hard-earned?

  67. Brett Nortje says:

    Anonymouse makes an interesting point: Will the Hawks’ replacement be named the Falcons (once the Hawks are shut down for busting too many members of the unproductive ruling elite)?

    Isn’t life in a kleptocracy great?

  68. Maggs Naidu says:

    Mikhail Dworkin Fassbinder says:
    February 24, 2010 at 10:32 am

    (OK, the ANC also opposed the application. But I am sure they had good reasons. Perhaps Maggs will explain)

    Hye Dworky – I stumbled on this rather interesting word. Does it explain?

    arcanum

    1. A secret; a mystery.
    2. Specialized or mysterious knowledge, language, or information that is not accessible to the average person (generally used in the plural).

  69. EGG says:

    The Hawks could be replaced by the Love Birds or even the Pussy Cats.

  70. ISHMAEL MALALE says:

    I would want to hear the media saying the alleged 120 million had been awarded or gotten unlawfully from organs of State by which companies. That the Watch he got was stolen or purchased at a which particular shop. It is not a fake watch or a rich friend’s ?

    We need hard facts not ballon like inferences floating from the air. Propositions on a balance of probabilities can only rest on proven facts. The media must controvert the claims by Malema with hard facts. It would remain a journalistic fishing expedition until hard facts, not creative suppositions, are put on the table.

    Malema says he has not benefitted and the madia must show that he has beneffited, through which bank account had he made disbursements for the houses and vehicles? It is illegal or corrupt to drive, not own a very exorbitant vehicle? What if he is simply driving a car of a generous wealthy friend? Does one have to benefit to give one’s car to a friend for temporary personal use?

    It would be wrong for any politician to amass tenders by fraudulent methods but where there is openness, transparency and adherence to public tenders procedures, no one can be faulted.

    It is the media that must now tell us why is it wrong for a young man to get tenders. Have they investigated and found any collusive practices relating to these tenders?. The media has not crossed the rubicon on their claims. I reckon this is the basis for the suggestion of paucity of or little investigative journalism.

    There media cannot be prohibited from publishing any properly investigated claims. Similalry, Majunju does not have any legal duty to disprove the media claims. We the public demand clarity from the source. He who alleges must prove! Not all the members of the public expect malema to disprove the claims but I suggest most, it not all, readers and listeners want more from the media. Show us what you are worth!

  71. EGG says:

    @ Ismael Malale

    It has now been established that the four companies that President Malema is (not was) a director in were not registered to undertake engineering work. There seems to have been an oversight on the part of the tender committee in failing to establish if these companies are registered with a professional association. Nonetheless the Limpopo authorities have not received any formal complaints against the awarding of these tenders (even from real engineering firms who lost out in the bidding process, surprisingly), so that’s OK then. Lets have another one, just like the other one, roll out the barrel.

  72. Maggs Naidu says:

    ISHMAEL MALALE says:
    February 25, 2010 at 15:03 pm

    “Similalry, Majunju does not have any legal duty to disprove the media claims.”

    Not if he sues as had been threatened!

  73. Brett Nortje says:

    Maggs, has Ishmael Malale made it clear enough to you how the kleptocrats have betrayed their working class constituency?

    Need more service delivery riots in places like Orange Farm to drive home the point?

  74. Brett Nortje says:

    Ishmael Malale says: Bling is beautiful! Viva, Breitling, viva!

  75. Maggs Naidu says:

    Brett Nortje says:
    February 25, 2010 at 16:27 pm

    “Maggs, has Ishmael Malale made it clear enough to you how the kleptocrats have betrayed their working class constituency?”

    The opposite is true. I think there’s merit in most of what he says.

    Allegations of this seriousness should be based on more than casual speculation.

    In the haste to be the first off the press, not enough investigation was done and/or reported on – on the other hand the press has a duty to resport.

    For example “(h)ave they investigated and found any collusive practices relating to these tenders?” – so far there is nothing substantive. The Sowetan reported, for example, that the construction companies that were awarded the tenders are not CIDB rated – but it does not say whether the partners in that business are CIDB rated.

    It does not report on who else tendered, what prices and who, if any, within the local governments felt pressured into awarding tenders unfairly.

    There were reports that some of the contracts were not completed on time, but with the construction industry that is not unusual – the seriousness would depend on how much time has passed since the completion was expected and what were the circumstances – it simply may have been beyond the control of the companies. And the seriousness of the delay ought to have been reported – maybe it was insignificant.

    Rather than “betray(ing) their working class constituency”, I reckon that Ishmael Malale has done the opposite – my interpretation is that those comments reflect an attitude that says that this is a very serious matter and it ought to be treated as such, in the best interests of the country”.

  76. Pierre De Vos says:

    ISHMAEL MALALE, there are many hard facts and many more questions. The facts. (i) Malema has more money available to him than his salary could have given him; (ii) Malema has lied about his resignation as a director from companies. On Monday Malema said he hadn’t signed any documents to resign from his companies. On Tuesday morning it emerged that Cipro (the Companies and Intellectual Property Registration Office) only considers a director to have resigned, if said director has actually personally signed a resignation document. He then told Talk Radio 702’s Redi Direko, that he could prove he’d resigned. But when challenged on this, his argument, his weakest yet, was “I don’t have to prove it to you, I owe you nothing”. (iii) His companies which got state tenders from various municipalities were not registered with tthe requisite bodies – a prerequisite for the valid granting of tenders – so the tenders were not legally granted.

    What we do not know is: (i) how much Malema made from his involvement in the tender-business; (ii) how his companies manmaged to land the tenders and what role Julius and his political connections played in this; (iii) whether the granting of tenders were unlawful because they did not meet requirements or whether the granting of tenders were criminal because they were secured through either threats or promises.

    As we live in a democracy and as JUlius is an elected politician (albeit not a member of the legislature or executive) his credibility is at stake and he thus has a duty to come clean. Something he has not done.

  77. ISHMAEL MALALE says:

    I must say that the protests in Orange Farm are an extraneous reference as it relates specifically to the Malema media spectacle. Are the social protests hinging upon the alleged Malema tenders? Bring the facts and Majunju hang !

    We must cultivate strong facts before reporting on matters in order to elevate the intergrity and veracity of our much publicised media reports or articles. I frankly expected more from the media. Investigative journalism is not and should not be downgraded to cacaphonous rumour peddling.

    The working class have all the right to receive well researched reports with solid content not fluidy street gossip. It is strong investigative journalism that will break the thick neck of corruption and fraud.

    Society will not take the media very seriously if they churn out Mgozi with such overzelousness.

    I agree that it is not well advised for threatening legal advise if something in the under the carpet is suppurating. It would a fatal tactical manouvre.

  78. ISHMAEL MALALE says:

    I must say prof. Malema must claim that he had resigned or not benefitted from his alleged companies if he had not and had benefitted. He claims to have instructed his attorneys to remove him from all the business directorships and so on. This articulation was weakened by the recent registration of a new directorship. This weakens the credibility of his claims.

    He does have to resign from his businesses or declare his wealth to anyone in law. He must accumulate as much as possible as a business person but should obtain his contracts scrupulously. He must register or partner with credible experts who will give quality services to our country. There is not any law that prohibits him to partake in business. No single individual must seek to interfere with public tender process.

    I reckon influential brands, business people and politicians are inherently acknowledged in their areas of business but must not be awarded business sorely and exclusively on that basis. They must meet the requirements of the relevant public tender. In case officials subverted procedures for awarding contracts heads must roll that is my expectation.

    What I a see is few hard facts and many questions. Precisely my concern about poor investigative journalism. He could be living way above his means. What if a generous business friend offers him such courtesy for simply being a ANCYL President without any reciprocal favour, except the company of such an outspoken young man ?

  79. ISHMAEL MALALE says:

    Prof. You are correct that there are specific forms that ought to be filled out for resigning as a Director or share holder in a company or close corporation. If no form had been signed.

    I will be unconvinced that such path was followed by the lawyers. These factual inaccuracies do not yet point to any serious legal flaws except the suggestion that the companies are unregistered with the engineering Council.

    I know that certain categories of work can only be carried out with registered categories of engineers. All these facts ought to have been investigated before breaking the story to strengthen its credibility.

  80. Brett Nortje says:

    I have a low tolerance for bullshit. Ishmael, Maggs, I am not going to let you get away with the sophistry that Malema has as much right as anyone to hoover at the trough of public money.

    What value did he add to those tenders? Why, then, was his presence required?

    He was selling patronage!

    This is a perfect example of the godless, shameless ANC’s inability to make the fundamental distinction between right and wrong.

    If the ANC wanted its office-bearers involved in controversial business deals why does it pay them salaries?

    Why does JuJu remove the Breitling when he addresses ANC meetings?

    The country is racked by violent crime – committed not by the poorest of the poor but by young men with very high expectations and not one single idea how to meet those expectations except by preying on the weak and innocent.
    The violent service delivery protests – which seem to be increasing in scale and intensity while the interval between them declines – are a manifestation of very high expectations which are not being met, the austentacious flaunting of wealth by people like Malema (who, in the minds of the perpetrators are exactly like them – only, he has the wealth, they do not) who cause higher expectations, frustration and anger, ANC promises – reality to some, not to them….The collapse of the state administration and consequently services are there for all to see.

    Add to that a country caught in a moral malaise, laughable policing…You can connect the dots.

    Maggs, I did not say Ishmael Malale betrayed the ANC’s working class constituency. I say the ANC does – 24/7/365.

    That is why the poor are making their discontent known in the streets.

    One man – one Breitling!

  81. Maggs Naidu says:

    Brett Nortje says:
    February 25, 2010 at 19:33 pm

    Let me make the point again so that it is able to be understood better.

    First, Malema like anyone else that the law allows is entitled to be in business, whether I like it or not. I have my doubts over Malema’s versions, as I said elsewhere I think he is lying, I think he was unfairly and improperly awarded the tenders and I think that is wrong.

    Second the issue raised is the standard of journalism – this story could have been better researched and the obviously missing parts filled in before breaking it. But in any event let’s see how it unfolds.

    I also think that President Zuma’s comments has opened the space for the tenacious media to have a field day of this story – I interpreted those comments to mean that he (Zuma) has washed his hands of this sordid mess.

  82. Mikhail Dworkin Fassbinder says:

    Ishmael is right.

    The liberal press does not do its homework.

    They are out to get Cmd Malema because he is a bright, successful, black businessman.

    Why does no one ask how Jews and liberal whites like Oppenheimer, Rupert, Shuttleworth, Gates and Buffet got their money?

  83. Mikhail Dworkin Fassbinder says:

    Maggs and Ishmael are right.

    The liberal press should not rush into print before they have fully investigated every angle!

  84. Brett Nortje says:

    Wrong, Maggs. Ethics is what you do when no-one can see you, according to a popular scribe in hunting publications. There are laws, ethics, norms. Then there are also the internal rules and codes of conduct in voluntary associations and political parties.

    He is not ‘entitled’. He is benefitting from a complex conspiracy in which blind eyes are turned, standards are subverted, patronage is dispensed, rules are bent and anyone who appears to be willing to stand on the rule of law is shifted out of the way, one way or another. All under the guise of ‘empowerment’.

    Do not say ‘he is in business’. The guy who owns the cafe on your street corner ‘is in business’. Talking about nationalising mines while aspiring to become a mine owner is on a slightly different level. Especially when the party you are a public representative of leaked a draft charter on ‘empowerment’ in the mining industry and made potentially the most recalcitrant mine-owner shed R35 Billion in market capatisisation in a few days, in order to nationalise mineral rights and ensure the mass entry of friends and family into the mining industry with no bucks down. That did not sit so well with international investors, they bailed out of the industry, so the scam today is to buy up failing mines and sell them back to the taxpayer at a profit.

    Define ‘warlord’ for me quickly?

    I agree with you about standards of journalism in this country, having availed myself several times of the checks and balances that exist to ensure integrity in what journalists print when they have the bully pulpit.

  85. Maggs Naidu says:

    Brett Nortje says:
    February 25, 2010 at 22:07 pm

    It sure sounds like you and Juju read from the same book.

    “Complex conspiracy” is a commpn phrase.

    You talk guns, he talks nationalisation – both, in my view, are not good.

    And that relies on the wonderful freedom of speech that we have in our bill of rights.

    Democracy is great, isn’t it?

  86. Brett Nortje says:

    Maggs, you have yet to offer one single fact to support your ‘belief’ that guns are not ‘good’. (Guns being inanimate objects, hence not really capable of being ‘good’ or ‘bad’, human attributes.)

    There is no rational basis to your disapproval of gunownership. It is simply your taste in beer, which you want to force on everyone else.

    I would never have guessed you were a 80/20 person, yet you seem uncritical that the SAPS divert 10% of their manpower and resources to address .05% of the perpetrators of crime.

    Remember my (unrebutted) challenge to you to show that gun ownership is anything but an unqualified servant of the public good?

    oooooSNIPooooo

    Compare countries with high gun ownership rates with countries with low gun ownership rates against any index you like.

    Most obviously, the rule of law. Where a lot of citizens are armed, everyone respects and upholds the rule of law. That is ironclad tradition. That is the biggest reason the ANC is so paranoid about armed citizens.

    Institutional legitimacy – both government and citizens attach a high value to democratic institutions where there is a high rate of gun ownership. Elections take place regularly, everyone plays by the rules, everyone respects the outcome of elections. Would you hazard a guess about the rates of gun ownership in say, Norway and Kenya, Switzerland and Zimbabwe?

    Social development, economic development, one can go on and on. There are a whole host of examples.

    One can summarise that governments in poor-ass countries play fast and loose with the idea of the rule of law and constitutionalism and enrich themselves as fast as they can while appointing Travelgate fraudsters to chair Parliamentary Portfolio Committees and squeal like stuck pigs at the suggestion that they ought to take some responsibility and resign. And, most of all, they crap themselves at the thought of citizens with guns and are delirious with joy when useful-idiot-liberal-gun-prohibitionists lobby them with gun-ban schemes.

    oooooEND SNIPooooo

  87. Maggs Naidu says:

    Brett Nortje says:
    February 25, 2010 at 23:26 pm

    “Where a lot of citizens are armed, everyone respects and upholds the rule of law”

    Like Somalia?

  88. Brett Nortje says:

    Good example, Maggs! Somalia appears typical of a country where there is a lot rate of gun ownership. So, those few who do get to bully the rest.

  89. Maggs Naidu says:

    Brett Nortje says:
    February 26, 2010 at 7:56 am

    Afganistan?

    It’s rumoured that there’s some serious firepower there for anyone who with the $s

  90. Mikhail Dworkin Fassbinder says:

    Brett is right.

    It is the threat of armed rebellion that keeps government in check. John Locke taught me that.

    If the people of Orange Farm had more guns, they would be able to “organise” their own municipal services, rather than having to beg an unresponsive government.

    Respek!

  91. Alan in Botswana says:

    Ahem, the obvious exception being Botswana, where only the state has the right to carry guns and shoot people; which lately they have been doing with alarming frequency.
    I for one prefer to not have the country armed to the teeth. Where there are lots of guns, there are lots of gun related deaths. How many people were murdered last year in SA, was it 18,000? Thats the worlds highest isn’t it?

  92. Brett Nortje says:

    Alan, between 1994 and 2000 more than a million black South Africans became gun owners for the first time: The homicide rate dropped dramatically, and fatal shooting accidents never spiked over a dozen.

    The facts are at odds with your prejudice.

  93. Brett Nortje says:

    Good point, Maggs! The men from beyond the Khyber Pass do not take to foreign invaders gladly. Wonder what the Taliban policy on gun control is.

    You have an amazing talent for sending topics – well, off topic! Thank you!

  94. Maggs Naidu says:

    Brett Nortje says:
    February 26, 2010 at 10:06 am

    “You have an amazing talent for sending topics – well, off topic! Thank you!”

    :) – yw.

    With Brett it’s rather easy just raise the four letter word and we’re off!

  95. Brett Nortje says:

    Ishmael Malale, can you give us a quick comparison of the supporting documentation required for a state tender and, say, a state old-age pension?

  96. Brett Nortje says:

    Does anyone know if there is a means-test to qualify to draw an ANC salary?

  97. Maggs Naidu says:

    “A group of Limpopo business people will march to the premier’s office in Polokwane against “unfair” tender awarding in the province.

    “Spokesman for the group, Koti Mokwalakwala, told SABC News that they had had enough of the provincial government awarding business contracts to politically connected people.”

    http://www.timeslive.co.za/business/article327956.ece

  98. Maggs Naidu says:

    So now the ANCYL is turning against the wives of Zuma and Vavi – it was reported elsewhere today that they are in business together.

    “He said it had been populist of Congress of SA Trade Union general secretary Zwelinzima Vavi to “jump up” this week and declare his earnings and assets.

    “Those who declared assets should also say what their wives earned, because some people used relatives as fronts for their own business interests.”

    http://www.timeslive.co.za/local/article328412.ece

  99. kenneth says:

    very interesting will be the tender awarded in western cape to see if anyone who received it is not by anyway connected to da or financially supported da, the tender audit should be done to all provinces

  100. Brett Nortje says:

    http://www.citizen.co.za/index/article.aspx?pDesc=117397,1,22

    “Mthethwa said the department had been disturbed by figures indicating that during the 2008/09 financial year a total of 3 925 firearms had either been lost or stolen in South Africa, and that 2 575 of these had been SAPS firearms. Only 192 of the total number had been recovered.

    According to media reports, more than 60 firearms and about 50 000 rounds of ammunition were allegedly stolen from a specialised police unit in Mpumalanga.”

  101. Mikhail Dworkin Fassbinder says:

    Kenneth is right.

    It is very important to contextualise the allegations against Cmd Malema by considering other abuses.

    I wonder, for example, which cosmetic surgeons and suppliers landed the lucrative tender to provide aesthetic augmentation to the Botox Madam of the liberal Republic of the South Western Corner?

  102. Mikhail Dworkin Fassbinder says:

    Brett is right.

    I applaud SAPS’ efforts to liberalise access to firearms. through gradually relaxed security at weapon storage facilties.

    I am firm in my conviction that, as more and more previously disadvantaged South Africans acquire weapons, our appalling crime levels will decrease!

  103. Brett Nortje says:

    Thank you, Dworky!

    CIAC figures show that is exactly what happened between 1994 and 2000.

    What I would really like to see, is a scheme whereby black women are subsidised by the state (since they bear the brunt of the rape epidemic) when they buy a handgun.

    We need to get the rate of gun ownership up to the levels seen in Europe. Far too few people in this country own firearms – that is why the crime rate is so high.

  104. Brett Nortje says:

    I would like to see more research done on why gun owners use licenced firearms in property crimes and crimes of passion at a statistically insignificant rate, while the SAPS abuse service firearms in property crimes and crimes of passion at such a high rate?

    Does this make sense? Gun owners – who commit statistically insignificant levels of crime with registered firearms, have their S14 privacy rights raped, while no records are kept of what firearms members of the SAPS, who are constantly in the news because of crimes committed with service pistols, have in their possession????

    Phew! The moral compromises it takes to advocate gun prohibition!

    “Nie ‘n enkele polisiebeampte kan aanspreeklik gehou of vervolg word vir die
    byna 4 000 wapens wat die polisiediens binne 19 maande verloor het nie.

    Die rede daarvoor is dat die polisie tot nou toe vuurwapens aan
    polisiekantore uitgereik het en dit nie in indivi­duele beamptes se name
    geregistreer is nie.

    Mnr. Nathi Mthethwa, minister van polisie, se kantoor het dié skokkende
    bekentenis gister in ‘n verklaring gedoen.

    “Die huidige stelsel waar polisiekantore, en nie beamptes nie, vir die
    veiligheid van vuurwapens verantwoordelik is, gaan geskrap word.

    “Die verliese is kommerwekkend en onaanvaarbaar,” lui die verklaring wat
    mnr. Zweli Mnisi, Mthethwa se woordvoerder, uitgereik het.

    Mnisi het by navraag gesê wanneer ‘n verdagte met ‘n polisiewapen betrap
    word, is dit onmoontlik om te bepaal aan watter beampte dit oorspronklik
    uitgereik is.”
    From
    http://www.dieburger.com/Content/Suid-Afrika/Nuus/1708/b3fd5d251a614b719ada0398c6e07791/25-02-2010-05-29/Niemand_word_vervolg_oor_4_000_wapens_wat_polisie_verloor

  105. Mikhail Dworkin Fassbinder says:

    Brett, I feel nothing but the utmost respek and love for you.

    Yes, like Maggs, you often mistake my passionate endorsement for cynical sarcasm.

    Makes me sad.

  106. Brett Nortje says:

    LOL! Go whine to someone who cares, Dworky!

    Is it not amazing, though, that there are still people who cling to straws? There is just so much evidence that gun control is a bad idea….
    How can these people live with all the lies and BS that are part and parcel of the anti-gun campaign?

    They must be very scared….

  107. Alan in Botswana says:

    Bret-
    You say the homicide rate dropped dramatically and atribute this to a million new gun owners in SA. What was the homicide rate before the million new gunowners started reducing crime? With 18,000 murders a year, SA is by far the most murderous country in the world. Are you serious when you say more guns will help to reduce this figure?
    Sorry, we have wondered off topic here. Of course President malema won’t sue anyone.

  108. Brett Nortje says:

    According to the SAPS’ CIAC, there were 26 832 murders in 1994.

    One interesting anomaly is that the population stood at 38 630m in 1994 – 43 050m in 1999. So, one would expect the murder total to climb with the growth in population. It did not.

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