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	<title>Comments on: The Scorpions saga continues, but to no avail?</title>
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	<link>http://constitutionallyspeaking.co.za/the-scorpions-saga-continues-but-to-no-avail/</link>
	<description>This blog deals with political and social issues in South Africa, mostly from the perspective of Constitutional Law. Written by Pierre de Vos</description>
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		<title>By: Chris Mcdaniel</title>
		<link>http://constitutionallyspeaking.co.za/the-scorpions-saga-continues-but-to-no-avail/#comment-14035</link>
		<dc:creator>Chris Mcdaniel</dc:creator>
		<pubDate>Mon, 04 May 2009 08:12:02 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1001#comment-14035</guid>
		<description>Pierre De Vos // May 4, 2009 at 9:50 am 

&quot;An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces…” 

Thats correct then they go back to the UN, sign and ratified documents. 

The fact is south africa has entered into a contract with the UN and with many other countries.</description>
		<content:encoded><![CDATA[<p>Pierre De Vos // May 4, 2009 at 9:50 am </p>
<p>&#8220;An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces…” </p>
<p>Thats correct then they go back to the UN, sign and ratified documents. </p>
<p>The fact is south africa has entered into a contract with the UN and with many other countries.</p>
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		<title>By: Chris Mcdaniel</title>
		<link>http://constitutionallyspeaking.co.za/the-scorpions-saga-continues-but-to-no-avail/#comment-14034</link>
		<dc:creator>Chris Mcdaniel</dc:creator>
		<pubDate>Mon, 04 May 2009 08:05:42 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1001#comment-14034</guid>
		<description>lol wow talk about a conversation that has gone in all directions.

JJ, spuy, ozoneblue and Motlotlegi 

about the scorpians love em or hate em but south africa has signed a contract with the UN on 3 peace treaties including the AU about corruption.

These are the treaties go look them up.
1)United Nations Convention Against Corruption (2003)  

2)African Union Convention on Preventing and Combating Corruption (2003) 

3)United Nations Convention Against Transnational Organised Crime (2003).

what does this have to do with anything? well this is international law and as a member of the UN which has veto rights south africa carries a great responsibility.

We all know that SAPS is corrupt, this is africa..i dont think you will find any police force through out africa who isnt corrupt.

The SAPS is corrupt, lets just be realistic here

The UN charter which south africa has an obligation to and is mandated to form an anti- corrupt unit which is the DSO.  There is simply no ifs and buts whats so ever on this. case closed!

&quot;The reasons for this common requirement include the susceptibility of law enforcement agencies worldwide to corruption and organised crime&quot;.

Now you can not bring the DSO to fall under the SAPS,.

Firstly SAPS is corrupt
Secondly DSO is required to act independently.

The bills that the ANC or the Mbeki government brought in is B.S it is illegal.

why is it illegal?
A) If there is a disbanding on the DSO, it needs to be replaced with another effective system - which clearly has not be created to replace the DSO now has it?
B) Moving the DSO to the SAPS is illegal by international law which ive just pointed out.

The DSO problem is not just about south african law it is about international law and right now your government broke that law.</description>
		<content:encoded><![CDATA[<p>lol wow talk about a conversation that has gone in all directions.</p>
<p>JJ, spuy, ozoneblue and Motlotlegi </p>
<p>about the scorpians love em or hate em but south africa has signed a contract with the UN on 3 peace treaties including the AU about corruption.</p>
<p>These are the treaties go look them up.<br />
1)United Nations Convention Against Corruption (2003)  </p>
<p>2)African Union Convention on Preventing and Combating Corruption (2003) </p>
<p>3)United Nations Convention Against Transnational Organised Crime (2003).</p>
<p>what does this have to do with anything? well this is international law and as a member of the UN which has veto rights south africa carries a great responsibility.</p>
<p>We all know that SAPS is corrupt, this is africa..i dont think you will find any police force through out africa who isnt corrupt.</p>
<p>The SAPS is corrupt, lets just be realistic here</p>
<p>The UN charter which south africa has an obligation to and is mandated to form an anti- corrupt unit which is the DSO.  There is simply no ifs and buts whats so ever on this. case closed!</p>
<p>&#8220;The reasons for this common requirement include the susceptibility of law enforcement agencies worldwide to corruption and organised crime&#8221;.</p>
<p>Now you can not bring the DSO to fall under the SAPS,.</p>
<p>Firstly SAPS is corrupt<br />
Secondly DSO is required to act independently.</p>
<p>The bills that the ANC or the Mbeki government brought in is B.S it is illegal.</p>
<p>why is it illegal?<br />
A) If there is a disbanding on the DSO, it needs to be replaced with another effective system &#8211; which clearly has not be created to replace the DSO now has it?<br />
B) Moving the DSO to the SAPS is illegal by international law which ive just pointed out.</p>
<p>The DSO problem is not just about south african law it is about international law and right now your government broke that law.</p>
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		<title>By: Pierre De Vos</title>
		<link>http://constitutionallyspeaking.co.za/the-scorpions-saga-continues-but-to-no-avail/#comment-14033</link>
		<dc:creator>Pierre De Vos</dc:creator>
		<pubDate>Mon, 04 May 2009 07:50:45 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1001#comment-14033</guid>
		<description>Will the international law argument work for Glenister? Well, section 231(2) of the Constitution states that &quot;An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces...&quot; So, one will have to determine whether this was done. If it was done, the question is whether the courts can declare invalid legislation which is in contravention of our international agreements. The Azapo case suggests (but does not make a conclusive finding) that the CC is a bit reluctant to go that rout. It is probably the best argument Glenister has though.</description>
		<content:encoded><![CDATA[<p>Will the international law argument work for Glenister? Well, section 231(2) of the Constitution states that &#8220;An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces&#8230;&#8221; So, one will have to determine whether this was done. If it was done, the question is whether the courts can declare invalid legislation which is in contravention of our international agreements. The Azapo case suggests (but does not make a conclusive finding) that the CC is a bit reluctant to go that rout. It is probably the best argument Glenister has though.</p>
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		<title>By: Michael Osborne</title>
		<link>http://constitutionallyspeaking.co.za/the-scorpions-saga-continues-but-to-no-avail/#comment-14029</link>
		<dc:creator>Michael Osborne</dc:creator>
		<pubDate>Sun, 03 May 2009 07:45:55 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1001#comment-14029</guid>
		<description>JJ:

Your Obama/Resko = Shaik/Zuma analogue is interesting.

In both cases, many of those who hate the politicians unshakeably believe that a corrupt relationship  existed --  quite  irrespective of the evidence. 

But what about the rest of us, who carry no brief either for Obama or Zuma?  What position do you recommend we take, while you partisans fight it out?

One attitude that  is foreclosed  to us is the standard line that I think I heard you advancing:  that  Zuma be should be deemed  “innocent until proven guilty.”  That conflates the legal standard for criminal liability with the common sense judgments we use in our everyday moral and political evaluations.

Many of us believe strongly  that Magnus Malan and Wouter Basson  committed crimes, despite the fact they were never found guilty in  court of law.   Why should people not think similarly of Zuma --and that his vigorous attempts to avoid going to trial makes his guilt seem, if anything, more likely</description>
		<content:encoded><![CDATA[<p>JJ:</p>
<p>Your Obama/Resko = Shaik/Zuma analogue is interesting.</p>
<p>In both cases, many of those who hate the politicians unshakeably believe that a corrupt relationship  existed &#8212;  quite  irrespective of the evidence. </p>
<p>But what about the rest of us, who carry no brief either for Obama or Zuma?  What position do you recommend we take, while you partisans fight it out?</p>
<p>One attitude that  is foreclosed  to us is the standard line that I think I heard you advancing:  that  Zuma be should be deemed  “innocent until proven guilty.”  That conflates the legal standard for criminal liability with the common sense judgments we use in our everyday moral and political evaluations.</p>
<p>Many of us believe strongly  that Magnus Malan and Wouter Basson  committed crimes, despite the fact they were never found guilty in  court of law.   Why should people not think similarly of Zuma &#8211;and that his vigorous attempts to avoid going to trial makes his guilt seem, if anything, more likely</p>
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		<title>By: jj</title>
		<link>http://constitutionallyspeaking.co.za/the-scorpions-saga-continues-but-to-no-avail/#comment-14028</link>
		<dc:creator>jj</dc:creator>
		<pubDate>Sat, 02 May 2009 19:47:20 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1001#comment-14028</guid>
		<description>Dumisani

• &quot;The existence of the encrypted fax acknowledging the R500k per annum bribe.
• The Mauritius diary.
• That the above two are a smoking gun.&quot;

What does the encrypted fax say? What does it prove? Does it prove that JZ agreed to a bribe? 

Futhermore, what info is in that &quot;Mauritius diary&quot;? Does it conclusively prove JZ&#039;s guilt?</description>
		<content:encoded><![CDATA[<p>Dumisani</p>
<p>• &#8220;The existence of the encrypted fax acknowledging the R500k per annum bribe.<br />
• The Mauritius diary.<br />
• That the above two are a smoking gun.&#8221;</p>
<p>What does the encrypted fax say? What does it prove? Does it prove that JZ agreed to a bribe? </p>
<p>Futhermore, what info is in that &#8220;Mauritius diary&#8221;? Does it conclusively prove JZ&#8217;s guilt?</p>
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		<title>By: jj</title>
		<link>http://constitutionallyspeaking.co.za/the-scorpions-saga-continues-but-to-no-avail/#comment-14027</link>
		<dc:creator>jj</dc:creator>
		<pubDate>Sat, 02 May 2009 19:31:53 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1001#comment-14027</guid>
		<description>Michael,
I don&#039;t think Obama is guilty of anything. They were trying to pin him on guilty by association. Same nonsene with JZ here &amp; unfortunately in SA, the media &amp; judges, who should have kown better, went along with it.</description>
		<content:encoded><![CDATA[<p>Michael,<br />
I don&#8217;t think Obama is guilty of anything. They were trying to pin him on guilty by association. Same nonsene with JZ here &amp; unfortunately in SA, the media &amp; judges, who should have kown better, went along with it.</p>
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		<title>By: jj</title>
		<link>http://constitutionallyspeaking.co.za/the-scorpions-saga-continues-but-to-no-avail/#comment-14026</link>
		<dc:creator>jj</dc:creator>
		<pubDate>Sat, 02 May 2009 19:23:45 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1001#comment-14026</guid>
		<description>.Dumisani,

Zuma was very happy to go to court in 2005 but the NPA would not proceed. As the infamous tapes have proved, Zuma was being charged when it best suited his poltical opponents. They waited for 2yrs, after judge Msimag threw the case out, before recharging Zuma. Why? Was it because it suited Mbeki for Zuma not to be charged before Polokwane? Zuma and his lawyers knew this strategy &amp; they devised measures to counter it.The NPA has had their evidence for 9 yrs, what stopped them from bringing it before a judge? Could it be because they knew they had no case?</description>
		<content:encoded><![CDATA[<p>.Dumisani,</p>
<p>Zuma was very happy to go to court in 2005 but the NPA would not proceed. As the infamous tapes have proved, Zuma was being charged when it best suited his poltical opponents. They waited for 2yrs, after judge Msimag threw the case out, before recharging Zuma. Why? Was it because it suited Mbeki for Zuma not to be charged before Polokwane? Zuma and his lawyers knew this strategy &amp; they devised measures to counter it.The NPA has had their evidence for 9 yrs, what stopped them from bringing it before a judge? Could it be because they knew they had no case?</p>
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		<title>By: Michael Osborne</title>
		<link>http://constitutionallyspeaking.co.za/the-scorpions-saga-continues-but-to-no-avail/#comment-14023</link>
		<dc:creator>Michael Osborne</dc:creator>
		<pubDate>Sat, 02 May 2009 07:52:41 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1001#comment-14023</guid>
		<description>JJ, how much reliance do you normally place upon the right-wing loony press that pushes the Obama/Rezko story?

Or is it your point that  the Sunday Times, Weekender, M&amp;G, Sunday Independent, Cape Times, Star, etc., all embroiled in the anti-Zuma conpiracy, ARE our very own right-wing loony press ...</description>
		<content:encoded><![CDATA[<p>JJ, how much reliance do you normally place upon the right-wing loony press that pushes the Obama/Rezko story?</p>
<p>Or is it your point that  the Sunday Times, Weekender, M&amp;G, Sunday Independent, Cape Times, Star, etc., all embroiled in the anti-Zuma conpiracy, ARE our very own right-wing loony press &#8230;</p>
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		<title>By: andre</title>
		<link>http://constitutionallyspeaking.co.za/the-scorpions-saga-continues-but-to-no-avail/#comment-14022</link>
		<dc:creator>andre</dc:creator>
		<pubDate>Sat, 02 May 2009 01:05:54 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1001#comment-14022</guid>
		<description>Prof?  Write about Zuma again will you? Pick a topic, any one, there are so many. Go mad! 

Kind regards,,

JJ, the constitution, the SCA, the CC and others. 
(Teach them, no imbibe please. That seems to be the only way).</description>
		<content:encoded><![CDATA[<p>Prof?  Write about Zuma again will you? Pick a topic, any one, there are so many. Go mad! </p>
<p>Kind regards,,</p>
<p>JJ, the constitution, the SCA, the CC and others.<br />
(Teach them, no imbibe please. That seems to be the only way).</p>
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		<title>By: andre</title>
		<link>http://constitutionallyspeaking.co.za/the-scorpions-saga-continues-but-to-no-avail/#comment-14021</link>
		<dc:creator>andre</dc:creator>
		<pubDate>Sat, 02 May 2009 00:50:37 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1001#comment-14021</guid>
		<description>jj // May 1, 2009 at 6:00 pm 

JJ,

Please keep quite, will you! 

Kind regards,
The constitution, The SCA, the CC , and others. 

Bye...</description>
		<content:encoded><![CDATA[<p>jj // May 1, 2009 at 6:00 pm </p>
<p>JJ,</p>
<p>Please keep quite, will you! </p>
<p>Kind regards,<br />
The constitution, The SCA, the CC , and others. </p>
<p>Bye&#8230;</p>
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