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	<title>Comments on: The NPA, the Minister and the headless chickens</title>
	<atom:link href="http://constitutionallyspeaking.co.za/the-npa-the-minister-and-the-headless-chickens/feed/" rel="self" type="application/rss+xml" />
	<link>http://constitutionallyspeaking.co.za/the-npa-the-minister-and-the-headless-chickens/</link>
	<description>This blog deals with political and social issues in South Africa, mostly from the perspective of Constitutional Law. Written by Pierre de Vos</description>
	<lastBuildDate>Wed, 08 Feb 2012 23:20:51 +0000</lastBuildDate>
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		<title>By: Ehud Olmert</title>
		<link>http://constitutionallyspeaking.co.za/the-npa-the-minister-and-the-headless-chickens/#comment-10776</link>
		<dc:creator>Ehud Olmert</dc:creator>
		<pubDate>Tue, 27 Jan 2009 11:02:18 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=767#comment-10776</guid>
		<description>In the late 80`s as a 1st yr law student i traveled with my mentor , now Judge Waglay to the chambers of the late Mr Dulla Omar on some matter. During their discussions Mr Omar turned to me and asked me to define the concepts of Law and Justice? i was rather nervous and gave him an elaborate legal definition of Law and a dictionary definition of justice, after a long pause he looked at me and poignantly pointed out to me his definition
&quot; my dear ,  there is no justice in law and no law in justice&quot;</description>
		<content:encoded><![CDATA[<p>In the late 80`s as a 1st yr law student i traveled with my mentor , now Judge Waglay to the chambers of the late Mr Dulla Omar on some matter. During their discussions Mr Omar turned to me and asked me to define the concepts of Law and Justice? i was rather nervous and gave him an elaborate legal definition of Law and a dictionary definition of justice, after a long pause he looked at me and poignantly pointed out to me his definition<br />
&#8221; my dear ,  there is no justice in law and no law in justice&#8221;</p>
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		<title>By: Anonymouse</title>
		<link>http://constitutionallyspeaking.co.za/the-npa-the-minister-and-the-headless-chickens/#comment-10631</link>
		<dc:creator>Anonymouse</dc:creator>
		<pubDate>Thu, 22 Jan 2009 17:27:07 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=767#comment-10631</guid>
		<description>Dangerous words that Mr Olmert!</description>
		<content:encoded><![CDATA[<p>Dangerous words that Mr Olmert!</p>
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		<title>By: Ehud Olmert</title>
		<link>http://constitutionallyspeaking.co.za/the-npa-the-minister-and-the-headless-chickens/#comment-10623</link>
		<dc:creator>Ehud Olmert</dc:creator>
		<pubDate>Thu, 22 Jan 2009 12:24:18 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=767#comment-10623</guid>
		<description>If i can engage in the genocide of a nation and do so beyond reproach, in violation of  international law while my corruption trial is still pending,
What on earth do u think Zuma can do?</description>
		<content:encoded><![CDATA[<p>If i can engage in the genocide of a nation and do so beyond reproach, in violation of  international law while my corruption trial is still pending,<br />
What on earth do u think Zuma can do?</p>
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		<title>By: chris mcdaniel</title>
		<link>http://constitutionallyspeaking.co.za/the-npa-the-minister-and-the-headless-chickens/#comment-10470</link>
		<dc:creator>chris mcdaniel</dc:creator>
		<pubDate>Mon, 19 Jan 2009 13:20:27 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=767#comment-10470</guid>
		<description>even behind bars.</description>
		<content:encoded><![CDATA[<p>even behind bars.</p>
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		<title>By: Mdu</title>
		<link>http://constitutionallyspeaking.co.za/the-npa-the-minister-and-the-headless-chickens/#comment-10466</link>
		<dc:creator>Mdu</dc:creator>
		<pubDate>Mon, 19 Jan 2009 11:59:35 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=767#comment-10466</guid>
		<description>Yes he will.</description>
		<content:encoded><![CDATA[<p>Yes he will.</p>
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		<title>By: Greg Rowles</title>
		<link>http://constitutionallyspeaking.co.za/the-npa-the-minister-and-the-headless-chickens/#comment-10453</link>
		<dc:creator>Greg Rowles</dc:creator>
		<pubDate>Sun, 18 Jan 2009 21:55:46 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=767#comment-10453</guid>
		<description>What I want to know is this: If Zuma admits to being guilty can he still become president?</description>
		<content:encoded><![CDATA[<p>What I want to know is this: If Zuma admits to being guilty can he still become president?</p>
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		<title>By: Robi</title>
		<link>http://constitutionallyspeaking.co.za/the-npa-the-minister-and-the-headless-chickens/#comment-10451</link>
		<dc:creator>Robi</dc:creator>
		<pubDate>Sat, 17 Jan 2009 12:32:12 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=767#comment-10451</guid>
		<description>I&#039;ve been wondering for some time about a question of constitutional law.

It seems very likely that a new tame NDPP will decide to drop charges against JZ, simply because nothing else is likely work. But could this decision be challenged in the courts by some party outside of the NPA such as the DA? Do we have some kind of constitutional protection to prevent the NPA from becoming a tool of the governing party or do we simply have to rely on the integrity of the NDPP?</description>
		<content:encoded><![CDATA[<p>I&#8217;ve been wondering for some time about a question of constitutional law.</p>
<p>It seems very likely that a new tame NDPP will decide to drop charges against JZ, simply because nothing else is likely work. But could this decision be challenged in the courts by some party outside of the NPA such as the DA? Do we have some kind of constitutional protection to prevent the NPA from becoming a tool of the governing party or do we simply have to rely on the integrity of the NDPP?</p>
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		<title>By: ozoneblue</title>
		<link>http://constitutionallyspeaking.co.za/the-npa-the-minister-and-the-headless-chickens/#comment-10450</link>
		<dc:creator>ozoneblue</dc:creator>
		<pubDate>Sat, 17 Jan 2009 12:31:36 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=767#comment-10450</guid>
		<description>I agree with most in this post but I think Pierre, like Harms,  is being unfair to Nicholson when he says:

&quot;As the SCA has now confirmed, Nicholson and Ginwala both had it wrong.&quot;

As bongs pointed out from the Nicholson judgment: 

&quot;There should be no relationship with the Minister of Justice - certainly insofar as his decisions to prosecute or not to prosecute anybody from the Commissioner of Police downwards.&quot;

I think Harms deliberately misinterpreted what Nicholson said. Harms proceeds to nitpick that misinterpretation in his ostentatious and deliberate attempt to knock to stuffing out of Nicholson and his judgment.</description>
		<content:encoded><![CDATA[<p>I agree with most in this post but I think Pierre, like Harms,  is being unfair to Nicholson when he says:</p>
<p>&#8220;As the SCA has now confirmed, Nicholson and Ginwala both had it wrong.&#8221;</p>
<p>As bongs pointed out from the Nicholson judgment: </p>
<p>&#8220;There should be no relationship with the Minister of Justice &#8211; certainly insofar as his decisions to prosecute or not to prosecute anybody from the Commissioner of Police downwards.&#8221;</p>
<p>I think Harms deliberately misinterpreted what Nicholson said. Harms proceeds to nitpick that misinterpretation in his ostentatious and deliberate attempt to knock to stuffing out of Nicholson and his judgment.</p>
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		<title>By: Dumisani Mkhize</title>
		<link>http://constitutionallyspeaking.co.za/the-npa-the-minister-and-the-headless-chickens/#comment-10447</link>
		<dc:creator>Dumisani Mkhize</dc:creator>
		<pubDate>Fri, 16 Jan 2009 19:42:05 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=767#comment-10447</guid>
		<description>If the M&amp;G reports are true, then the ANC is effectively saying, “the prima-facie case against Zuma is unwinnable in court”.

I somehow think somebody was roasted for saying that.</description>
		<content:encoded><![CDATA[<p>If the M&amp;G reports are true, then the ANC is effectively saying, “the prima-facie case against Zuma is unwinnable in court”.</p>
<p>I somehow think somebody was roasted for saying that.</p>
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		<title>By: The Big Slipper</title>
		<link>http://constitutionallyspeaking.co.za/the-npa-the-minister-and-the-headless-chickens/#comment-10445</link>
		<dc:creator>The Big Slipper</dc:creator>
		<pubDate>Fri, 16 Jan 2009 18:52:51 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=767#comment-10445</guid>
		<description>Do you have a date for me?</description>
		<content:encoded><![CDATA[<p>Do you have a date for me?</p>
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