Constitutional Hill

Time to talk about the appropriate political role of the JSC

An extraordinary amount of nonsense has been spoken and written over the past two weeks about the role of the Judicial Service Commission (JSC) in the appointment of judges in South Africa. Much of the confusion can be blamed on the mistaken understanding of the exact nature of the function performed by the JSC when it appoints judges. Some critics of the JSC appear to believe that the legality of certain judicial appointments can be challenged in court because they are viewed as unwise or politically unacceptable. On the other hand, some members of the JSC seem to labour under the misconception that criticism of the JSC is close to treasonous and that no court should ever be allowed to review its actions. The truth lies somewhere between these two extremes.

In 1987 President Ronald Reagan nominated Robert Bork to the United States Supreme Court. Because Bork believed that the Federal government was not allowed to impose fair voting standards on individual states and because it was suggested that he supported almost unlimited powers for the executive branch of government, his nomination was highly controversial.

Bork was a so-called “originalist” who claimed that judges who interpreted the Constitution had to be guided by the original understanding of the drafters of the Constitution about what the relevant constitutional provisions actually meant. If a judge wanted to know whether the Constitution prohibited Parliament from passing a law that allowed for the censoring of Twitter, he or she had to ask what the original intention of the framers of the Constitution was regarding the regulation of Twitter. In criticising this view as reactionary and backward, Senator Edward Kennedy at the time said that Robert Bork’s America was a:

land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government…

Kennedy’s criticism of Bork’s judicial philosophy had a powerful effect on public opinion and branded Bork as a reactionary in the eyes of most voters. The Senate eventually voted by 58 votes to 42 against confirming Bork’s appointment as a Supreme Court justice. This saga illustrates that in a constitutional democracy with a supreme Constitution and a common law system operating in terms of binding judicial precedent, the appointment of judges will almost always be a matter of great political importance.

Because many constitutional provisions are phrased in general and open-ended language (section 10 of the South African Bill of Rights states that “[e]veryone has… the right to have their dignity respected and protected”) these provisions do not interpret themselves. Judges – who are also ordinary human beings with their own beliefs, blind spots, prejudices and passions – must interpret these provisions. This means that the judicial philosophy and other social and economic commitments of a judge will invariably influence how he or she interprets the Constitution.

But this does not mean that judges can and do make decisions solely based on their own party political affiliations and commitments. If all judges did this all the time, the legitimacy of the judiciary would be destroyed and citizens would begin to question the ability of judges to make decisions in as fair and impartial a manner as is humanly possible. Although judges can never be absolutely “objective”, they have a duty to treat litigants in a fair and impartial manner, to give them a fair hearing and to engage seriously and honestly with the applicable legal text(s) as well as the set of precedents developed by other courts over many decades.

For the interpretation of a legal provision by a judge to be legally acceptable and legitimate in the eyes of lawyers and other informed bystanders, it is important that judges appear to interpret the law in a manner not based on their narrow party political affiliations or based on their animosity towards a particular litigant.

There will always be a tension between the inherently political nature of constitutional interpretation and adjudication, on the one hand, and the need to provide cogent, well-reasoned and persuasive legal arguments for a chosen interpretation based on what the text of the Constitution actually states. Judges cannot avoid this tension. Wise judges learn to manage this tension by trying to be steadfast and principled and to hand down judgments that are consistent with their own judicial philosophy – regardless of who the litigants before the judge might be.

The South African system of appointing judges recognises that there is a need to avoid the appointment of judges who would destroy the legitimacy of the judiciary by blatantly making decisions purely based on their party political commitments, while also accepting the reality that the personal judicial philosophy of a judge may well influence the individual judge’s interpretation and application of the Constitution.

This is why the JSC consists of both lawyers and judges and politicians and why the interviews with candidates for appointment are conducted in public. The Constitution recognises that broader political considerations will play a role in the appointment of judges, but attempts to constrain the baser instincts of the politicians involved in decisions about appointments to the bench by insisting on an open and transparent appointments process, by including lawyers and judges on the JSC and by insisting that the JSC always act rationally.

For the JSC to work well, it is also important that the process must be seen to be fair. At the very least, all candidates who are interviewed should be treated in more or less the same way when they are interviewed. In my opinion, this does not mean that the JSC should appoint all the white male nominees who form part of the old boys mafia and are punted and promoted by the allies and supporters of the old boys mafia. There might be very good reasons for not appointing a specific white male candidate who happens to be the darling of the white establishment.

For example, if you happen to believe – like I do – that the Constitution is a document that should be interpreted to facilitate the economic and social transformation of society, the judicial philosophy and political commitments of some white male candidates, whose virtues are continuously being extolled by a certain cabal inside and outside the legal fraternity (because it largely remains a fraternity), must disqualify them from appointment. Others might disagree, but the disagreement would not be based on the so-called “merit” of the candidate, but rather on a disagreement about the desired judicial philosophy and political commitments of an ideal judge in post-Apartheid South Africa.

Because decisions about who to appoint as judges have political implications – also for the manner in which the Constitution will be interpreted and applied – it is perfectly legitimate to criticise the JSC for appointing a certain candidate and not appointing another candidate. It is also perfectly legitimate to promote the candidacy of one nominee and criticise the candidacy of another. For example, if a candidate has written several judgments in which he questioned the wisdom of protecting women and gay men and lesbians from direct and indirect discrimination, I would not hesitate to argue that the candidate is not fit for promotion. If a nominee has shown through words and deeds that he or she has little sympathy for poor and vulnerable people and would not hesitate to order their eviction to render them homeless, I would similarly have no hesitation in criticising the nominee and arguing why his or her appointment would be unwise.

Members of the DA and the ANC, NGOs, academics and even church leaders who share the reactionary, anti-poor, anti-women, anti-gay beliefs of such a candidate are of course free to punt their nominee and to argue why they believe that it would be a good thing to appoint a judge who would endorse discrimination against women and gay men and lesbians. It is called democracy. When members of the JSC bristle at any criticism of their judicial appointments – as if criticism of the JSC about the way it deals with these profoundly political and philosophical questions is illegitimate – they are not displaying the kind of respect for diversity and for robust debate which lies at the very heart of a vibrant democracy.

At the same time, groups like Freedom Under Law, who threaten to challenge the decisions of the JSC in court, perhaps because they are unhappy with the politics of the candidates selected for appointment, do not understand that when the JSC appoints judges it is not exercising a judicial function.

Yes, the JSC is an organ of state and, like all organs of state, it has to act rationally when it selects candidates for judicial appointment. If the JSC appoints a person convicted of fraud as a judge or if it appoints a candidate who has publicly stated that he or she would not obey the Constitution and the law when appointed but will rather take direct instruction from Helen Zille or Jacob Zuma to decide cases, a court could review and must set aside such an irrational decision. But there is a difference between irrational decisions and decisions you happen to disagree with on political grounds.

Perhaps the time has arrived to stop the completely irrelevant debate about “merit” and “transformation” in judicial appointments and to refrain from repeating the obviously false claim that the JSC does not appoint white men. Instead we need to distinguish between the legal issues relating to the rationality and fairness of the process followed by the JSC when it appoints judges, and issues surrounding the political wisdom of appointing conservative white and black men to the judiciary. Conflating these two debates is not only unhelpful. It also hinders real and deep transformation of the judiciary.

  • terence grant

    The nitty-gritty
    The argument that supporters of transformation seem to be making is that someone who scrapes through law school and has a little experience is as suitable for appointment as a judge as someone who excelled at law school and has much experience; that all lawyers and advocates are competent and that it therefore is perfectly reasonable to allow the colour of one’s skin and one’s status as a previously disadvantaged person to outweigh/trump all the other issues.
    That this is the case is clear from the appointment of Judge Robert Henney, a former regional-court magistrate and a person of colour who, after a brief stint as an acting judge, was appointed ahead of several better qualified and more experienced white candidates and recently made the headlines by convicting a reckless taxi-driver, Jacob Humphries, of murder and refusing to allow him to appeal. Which resulted in Humphries applying directly to the Supreme Court of Appeals for leave to appeal and, ultimately, in the SCA deciding unanimously by a margin of 5-0 that Humphries was not guilty of murder (that he had not intended to kill his passengers or himself and therefore should have been charged with culpable homicide). In doing so the SCA doubtlessly felt obliged to compensate/reward Humphries for the money he had spent on appealing/for helping to develop the law etcetera, and also probably felt obliged to punish Judge Henney’s overly ambitious judgement, for Humphries sentence was reduced quite dramatically from 20 years imprisonment to 8 years imprisonment.
    Accordingly, it is of considerable importance that we note indelibly in our memories that the JSC in appointing Judge Henney ahead of several better qualified and more experienced candidates had two other vacancies it could have filled, but instead decided (notwithstanding huge backlogs) that there were no other suitable candidates and that the vacancies would therefore have to be re-advertised at a later date (a decision the SCA later described – in hearing an appeal lodged by the Cape Law Society – as unlawful and irrational)!
    Consequently, what our citizenry needs like a hole in the head is a newspaper like Cape Times – which has a white editor, two white assistant-editors, hordes of white columnists and reporters, and caters unashamedly to an audience that is predominantly, if not overwhelmingly ,white – to start lecturing us on the importance of transformation and the need to pretend that something that works quite easily in theory is bound to work quite easily in practice, and that we therefore should without further ado go back to chatting about issues like the closure of Cinema Nouveau at Cavendish Square , the lack of space at Camps Bay High School and the conflict between Israel and Palestine etcetera, etcetera, etcetera.
    Newspapers that fail to practise what they preach are not worth the paper on which they are printed.

  • Mike

    @PDV – “For example, if you happen to believe – like I do – that the Constitution is a document that should be interpreted to facilitate the economic and social transformation of society”

    That is exactly what the problem is because the Constituion was never supposed to be open to interpretation it was supposed to be read like a statute or like an European Civil Code.

    The AA policies of Malasia was the road map the ANC followed, today Malasia suffers from endemic corruption which is the road the ANC goverment has embarked on.

  • Pierre De Vos

    Mike, yearning for a Constitution that is not open to interpretation is like yearningf or a flat eart – your earnings do not accord with reality. The notion that a Constitution need not be interpreted has always been a fiction, one that has become impossible to sustain given the development of hermeneutics and jurisprudential work done over thepast 100 years. Only an extremly obtuse or badly read person would maintain that the fiction is true.

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

    So if I read between the lines PdV is suggesting Azhar] Cachalia, [Geoff] Budlender, [Willem] van der Linde, [Torquil] Paterson, [Jeremy] Gauntlett, and most recently [Clive] Plasket, Isak Smuts are misogynist, homophobic and racists and above all members of the “white mafia”?

    Does he have anything to back that up, extracts from CVs and evidence of political of unconstitutional bigoted views would be much appreciated.

    “It has become increasingly apparent to me, and has been made devastatingly clear during the proceedings of the past week, that my understanding of the constitutional values… and duty of the commission, and even of basic rights such as those of human dignity and freedom of speech, is so far removed from the understanding of the majority of the commission that it is not possible for me to play an effective role on the commission.”

    What does Isak Smuts mean with the above- is he just being a typical racist member of the white mafia again?

    http://www.timeslive.co.za/local/2013/04/12/isak-smuts-quits-jsc-over-transformation-disagreement

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    We can all see what is happening at the JSC. The ANC (being long-term planners) would like to be have all the pieces in place to be judge in its own cause when crunch time comes for the kleptocratic state.

    The ideal scenario being similar to the gun compensation case where you have a deployee say, hypothetically, Azhar Cachalia, commission legislation aimed at disarming your vanquished enemy’s non-combatants and then you have him hearing the Appeal of their case when they manage to scrape the money together to pursue the matter in the higher Courts.

    Dumisa Ntsebeza is engaged in a war of position with racial overtones. Even the ANC crudesters realise it is counter productive to go to from an illusory democracy to authoritarian rule and violent repression in one fell swoop. They reserve those tactics for violent mineworkers.

    With educated opponents the tactics have to be slightly more subtle.You can’t treat them that way because there will be backlash. They do scare easier but they are louder. Once civil society is convinced any semblance of an independent judiciary is being eroded they (and especially foreigners bearing gifts) start examining the rest of the constitutional order for signs of erosion.

    Who needs time-consuming confrontation when you would rather just continue quietly eating the money?

    It is far more productive to maintain the illusion of democracy as long as possible.

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

    Pierre De Vos
    April 18, 2013 at 8:36 am

    “The notion that a Constitution need not be interpreted has always been a fiction, one that has become impossible to sustain given the development of hermeneutics and jurisprudential work done over the past 100 years.”

    So in other word if you are a African nationalist then you might interpret “disadvantaged groups” in the Constitution to mean Black Africans whatever their socio-economical status may be? Or if you are a CRT brainwashed academic or BC advocate it may mean Blacks in general.

    Right?

  • Chris

    I can’t help doubting if Athur Chaskalson would have made it to the bench if he had to be considered by the JSC today.

  • Mike

    @PDV – There is no yearning on my part, and dare I say have you not read George Orwell’s 1984 on the interpretation of political “speak”.
    What you suscribe to is exactly that, which is interpretations must be made of the constitution according to the political “speak” of the ruling party.
    We have already seen the effect of that when the CC ruled that the Bill of Rights does apply to young white job seekers.
    We now have AA being interpreted a transformation the effect of which is simply job reservation for blacks.
    In 1976 I was 21 years of age and I have lived under an apartheid goverment been through all the changes, something you have not experienced, only to find that I now live under a black nationalist goverment who by the day has become more and more simply a reincarnation of the white Nationalist goverment particularly with economic and security policy.
    As was pointed out in your previous blog, the ANC according to the British ambassador in 1997 were hell bent on controlling the Judiciary and the press and this so called “interpretation”of the Constitution is proof of it.
    This is why the ANC, you being included, fear Jeremy Gauntlett because his legal brain is too formidable for the likes of yourselves.

  • Maggs Naidu – Cardinal Napier : “I don’t know any gays”! (maggsnaidu@hotmail.com)

    Chris
    April 18, 2013 at 10:00 am

    Hey Chris,

    “I can’t help doubting if Athur Chaskalson would have made it to the bench if he had to be considered by the JSC today.”

    Not likely – sadly he passed away some months ago.

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

    Interesting comments here:

    “What we know is that transformation, without clarity on what is meant by it, is not automatically good – let’s not forget, Apartheid was a kind of “transformation”. What is also clear is that whatever the JSC’s stance on transformation of the bench, it should communicate that clearly to the legal profession and the public which it serves.”

    http://www.enca.com/south-africa-opinion/transformation-debate-should-involve-us

    Correct – total lack of transparency, principled and consistent approach to transformation. This also applicable to the Employment Equity act. Apparently it is easier to simply postulate some racist bias in society and then to compensate with more racism than to address the racist bias in itself.

  • Chris

    Maggs Naidu – Cardinal Napier : “I don’t know any gays”! (maggsnaidu@hotmail.com) says:

    Read the fine print, Maggs. The word “if” has a pupose!

  • Chris

    “purpose”, not pupose – even “r” has a purpose.

  • Maggs Naidu – JSC if FUBAR! (maggsnaidu@hotmail.com)

    Chris
    April 18, 2013 at 10:56 am

    LMAO Chris.

    “even “r” has a purpose.”

    :P

  • Maggs Naidu – JSC is FUBAR! (maggsnaidu@hotmail.com)

    damn it, Chris. “f” doesn’t have a purpose!

    JSC is FUBAR!
    JSC is FUBAR!
    JSC is FUBAR!
    JSC is FUBAR!
    JSC is FUBAR!

  • Maggs Naidu – JSC is FUBAR! (maggsnaidu@hotmail.com)

    @Pierre

    “This is why the JSC consists of both lawyers and judges and politicians and why the interviews with candidates for appointment are conducted in public.”

    As I see it, judges are decided upon first, then the JSC sits, the the pretend interviews happen.

    Then we wait patiently for the next make-believe process.

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

    Phiyega for our Constitutional courts?

    “Gen Phiyega told the commission it would be “dangerous” for her to say that 34 people were killed by the police because she was not a judge. “It is not my space and I do not think I’m qualified to say so,” she said.”

    Now how can a professional Black women not be “qualified”? Surely if she has enough merit to run liquor stores and the SA police force the CC should be a breeze?

  • Chris

    Maggs Naidu – JSC is FUBAR! (maggsnaidu@hotmail.com) says:
    April 18, 2013 at 11:14 am

    Now tell me Maggs, what does the “r” in FUBAR stand for?
    Is it
    1. reason
    2. recognition
    3. repair
    4. not any of the above.

  • Maggs Naidu – JSC is FUBAR! (maggsnaidu@hotmail.com)

    Chris
    April 18, 2013 at 11:22 am

    Hey Chris,

    I dunno what FUBAR means – ask the inventor, Brett (I just borrowed it cos it sound cute like the JSC).

    It must be Afrikaans for “good guys”.

    p.s. “Fucked up beyond all recognition” applies only to GOSA!

  • Vuyo

    The solution to these hard matters is rather simple. Abolish capitalism and appoint another system, then there shan’t be a need for laws, lawyers, judges, accountants, bankers, advertisers and similar miscreants.

  • Chris

    Maggs
    Come on Maggs, dont deviate from the truth. Even Gwebe knows what FUBAR means. If you don’t believe me, ask him.

    On second thought, if you tell me you are actually George Bush I will concende that you might perhaps have spoken the truth.

  • Mike

    @Vuyo – In other words turn South Africa into just another Zimbabwe run by a dictator, how original Vuyo.
    We have a communist run ANC as present yet capitalism is to blame ?

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

    Mike
    April 18, 2013 at 11:48 am

    “We have a communist run ANC as present yet capitalism is to blame ?”

    LOL> Mike it is “Communism” of a special type designed to deal with “Colonialism of a special type”.

    “The special features of South Africa`s internal colonialism are also compounded by the fact that the white South African state, parliament and government are juridically independent of any metropolitan country and have a sovereignty legally vested in them by various Acts of the British government and state.”

    http://www.anc.org.za/show.php?id=4518

    The only conceptual difficulty though is that “the white South African state, parliament and government” exists no more (or only within the imagination of some in the ANC) and has been transcended by “white minority capital” that has been TRANFORMED into multiracial minority capital.

    But the enemy stays WHITE. get it?

  • Vuyo

    @Ozoneblue

    So according to you capital has no race, country of origin, etc. Is it something akin to the air that we breathe?

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    Ah! So the argument is ‘not enough communism’?

    Here we have a government composed of a ‘tripartite alliance’ including trade unions and the world’s last remaining communist party, that has done little but wheelspin for 18 years stuffing up everything it has actually ‘actioned’ (got its paws on), resembling remarkably the results of every other communist-run country in the world – which is why communism collapsed – and you dummies are arguing the cause is ‘not enough communism’?

    Is that why the DDR collapsed?

  • http://www.londahotelbb.co.za che guevara

    if only we start by retiring apartheid era judges,it was a grave error to enter a new democratically era with them.

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

    Vuyo
    April 18, 2013 at 12:40 pm

    “So according to you capital has no race, country of origin, etc. Is it something akin to the air that we breathe?”

    Absolutely. How else would you explain what happened at Marikana? Or Nigeria, or happening in the copper belt of Zambia or the continued pundering of natural resources in central Africa.

    China in Zambia: from comrades to capitalists?

    http://news-review.blogspot.com/2008/10/china-in-zambia-from-comrades-to.html

  • spoiler

    Pierre, what do you think of Kriegler’s judgments while in the CC – was he an example of a Judge who used the constitution in the way you believe it should be used?

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

    Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?
    April 18, 2013 at 13:02 pm

    Hey Brett. Aren’t these sort of nonracial crowds a special type of nightmare?

    http://www.timeslive.co.za/Feeds/Reuters_Images/2013/03/16/mdf79444-16-03-2013-01-03-14-995.jpg

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    Spot on, Che, my mass-murdering friend!

    Those Apartheid judges sure sabotaged ‘transformation’ and ‘delivery’!

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

    So I dear minister spells it out very clearly:

    http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71656?oid=370861&sn=Detail&pid=71616

    “The remnants of Apartheid still persist. Although the public sector has managed to transform, many employers in the private sector are still found wanting in terms of implementing employment equity, as it is ‘business as usual’ for many employers. The majority of the workplaces are still “Lilly White” at the top and often male dominated with a few pockets of Black executives. The pace of transforming our society and notably, the labour market is still very slow.”

    Now lets analyse the logic in there. Because there are still “remnants” of Apartheid, this necessitates the legislation of draconian racial laws that effects all of our workplace and the rest of society. In particular the minister admits that “the public sector has managed to transform” yet – no mention of relaxation on AA there. And similarly because “The majority of the workplaces are still “Lilly White at the top” ALL of the workplace from working class through to middle managements remains to be legislated and AA enforced with this fair racial discrimination. One would have been forgiven if you would think that the fair way to implement AA would be to relax it gradually where the “demographics” have been levelled and to intensify it on those areas where things remained “Lily white at the top”. But nope not yet because the minister continue:

    “In conclusion, we are aware that there are those who calling for a sunset clause on employment equity. But it is hardly noon. To make this call now is mischievous at best or at worst a callous disregard of history and its negative ramifications that will be felt way beyond the two decades of freedom.”

    It is hardly noon. So – lets then come back to the point I have made plenty of times before – we talk about at least another 30 years if we are absolutely lucky, 50 years very likely and I wouldn’t be surprised at us still being this sanctimonious racist bullshit even 100 if not 1000 years from now.

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

    And this comment right at the top sort of summarises the spirit neatly:

    “But Cde Mildred you are the minister, why do you even waste your time to reply to TJATJARAG boers? Do your work in government and we also do our work to MAKE THEM leave our country. Viva NDR viva!!!” by Mageza We Skepe(KNMD) on April 18 2013, 15:27

  • Spuy Sebotsa

    Prof

    I fully agree. I m in the trade union movement and can tell you that this whole “merit” nonsense is just an excuse to perpetuate white supremacy and treat blacks as stupids. Its more like capable black people should always be equated to AA and BEE policies not merit.

    Personally, I have never liked judgements from the SCA here in Bloemfontein where I reside and I must say I attend almost all important proceedings in the public discourse and get shocked at times when I read some judgements – you can actually see that here a judgement is made not based on arguements made in the proceedings but some other agenda. The Supreme Court of Appeal is peopled with many old white judges whom I agree should have been sent packing with the dawn of the new democracy.

    We need judges who ll advance socio economic circumstances of our people using the very so-called ‘best constitution’ in the world. I had always argued that its only a matter of time before the poor who could careless about these chattering classes and comments therein take over virtually everything by force. And I m sure most of us will then wish that we could have condemned the status quo before it was too late.

  • Maggs Naidu – JSC is FUBAR! (maggsnaidu@hotmail.com)

    Chris
    April 18, 2013 at 11:42 am

    Chris,

    I deny that I think that the okes in the JSC has turned it to look like a bunch of brown-nosed sycophants, deep up the butts of politicians!

    If I did think that, then I won’t be able to say it anyway without offending that lot – after all they are respectable, professionals (hehehehehe).

    p.s. Any idea what disease the JSC okes can catch from having their noses in someone’s colon?

    #JustThinking

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    Sjoe, Spuy, I hope you do not suck on the public tit if you are going to be hanging out at the SCA there in Bloemfontein all day!

  • joeslis

    @ Maggs

    Are there no limits to your curiosity?

    http://www.livestrong.com/article/132628-types-diseases-caused-e-coli/

  • Gwebecimele

    @Spuy

    Apparently judges require experience under apartheid and a long list of judgements applying apartheid laws. Dworky will explain.

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    Everyone see Cde Mogoeng repeat the lieful ANC propaganda that whites confined 87% of the population to 13% of the land on national TV? As part of a judgement?

    See, this is why a President has to keep an eye on the future.

    A Judge who is Exhibit ‘A’ in the whole merit/race/transformation controversy would be silly to bite the hand that fed him, no?

    There is another factor to consider: A black Judge – even a non-Zulu – might feel slighted because of the whole merit/race/transformation controversy, react a bit like Cde Blade and decide ‘Yoooou know, uhlonipho really ought to have the force of law’….

    No?

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    joeslis says:
    April 18, 2013 at 20:17 pm

    I hope not! Maggs, think I ought to inoculate my pigeons against ecoli? I saw vaccine at the poultry-supplies distributor…..

  • Gwebecimele

    OB & Brett

    Your sleepless nights on EE and AA are caused by the 2% progress made since 2000.

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    Ozoneblue says:
    April 18, 2013 at 16:32 pm

    The “public sector has managed to transform”. It is now the cause of riots, the cause of most of the Auditor-Genl’s grey hair the largest employer in the land (where Anglo used to be)and the salary bill is now so huge the Zuma government has to borrow to cover running expenses.

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

    Gwebecimele
    April 18, 2013 at 20:22 pm

    Hi gwebs.

    What do you say to this:

    “NO, did black people chase white folks out of south africa? NO.”

    “But Cde Mildred you are the minister, why do you even waste your time to reply to TJATJARAG boers? Do your work in government and we also do our work to MAKE THEM leave our country. Viva NDR viva!!!”

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

    Gwebecimele
    April 18, 2013 at 20:26 pm

    “Your sleepless nights on EE and AA are caused by the 2% progress made since 2000.”

    Are you disputing Mrs. Olifant now?

    “Although the public sector has managed to transform”

    I f the state are the biggest employers how can it be only 2%?

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

    Spuy Sebotsa
    April 18, 2013 at 18:02 pm

    “I m in the trade union movement … ”

    I’m impressed. So why don’t you start a proper fucking revolution.

    Instead of driving a fancy German car and whining about “White Supremacy”?

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    http://www.economist.com/news/leaders/21564846-south-africa-sliding-downhill-while-much-rest-continent-clawing-its-way-up

    Sad South Africa

    Cry, the beloved country

    South Africa is sliding downhill while much of the rest of the continent is clawing its way up

    Oct 20th 2012

    NOT so long ago, South Africa was by far the most serious and economically successful country in Africa. At the turn of the millennium it accounted for 40% of the total GDP of the 48 countries south of the Sahara, whereas Nigeria, three times more populous, lurched along in second place with around 14%. The remainder, in raw economic terms, barely seemed to count. Despite South Africa’s loathsome apartheid heritage, solid institutions underpinned its transition to democracy in 1994: a proper Parliament and electoral system, a good new constitution, independent courts, a vibrant press and a first-world stockmarket. Nelson Mandela, whose extraordinary magnanimity helped avert a racial bloodbath, heralded a rainbow nation that would be a beacon for the rest of Africa.

    Since then, Africa, once harshly labelled by this newspaper as “the hopeless continent”, has begun to make bold strides (see article). Meanwhile South Africa, though still a treasure trove of minerals with the most sophisticated economy on the continent, is on the slide both economically and politically (see article). By some calculations Nigeria’s economy, messy as it is, will overtake it within a few years. What went wrong with South Africa, and how can it be fixed?

    Gathering gloom

    In the past decade Africa to the north of the Limpopo river has been growing at an annual average clip of 6%, whereas South Africa’s rate for the past few years has slowed to barely 2%. Rating agencies have just downgraded South Africa’s sovereign debt. Mining, once the economy’s engine, has been battered by wildcat strikes, causing the biggest companies to shed thousands of jobs in the face of wage demands and spreading violence. In August a confrontation at a platinum mine in Marikana, near Johannesburg, the commercial capital, led to 34 deaths at the hands of the police. Foreign investment is drying up. Protests against the state’s failure to provide services are becoming angrier. Education is a disgrace: according to the World Economic Forum, South Africa ranks 132nd out of 144 countries for its primary education and 143rd in science and maths. The unemployment rate, officially 25%, is probably nearer 40%; half of South Africans under 24 looking for work have none. Of those who have jobs, a third earn less than $2 a day. Inequality has grown since apartheid, and the gap between rich and poor is now among the world’s largest.

    The ruling African National Congress (ANC) is not entirely to blame. South Africa has performed worse than its African neighbours in recent years partly because its mature economy is linked more tightly to the rich world, and thus to the rich world’s problems. And the ANC has notched up some genuine achievements—including housing and some welfare services often denied to the poor black majority under apartheid. But the party’s incompetence and outright corruption are the main causes of South Africa’s sad decline.

    Since Mr Mandela retired in 1999, the country has been woefully led. For nine years it endured Thabo Mbeki’s race-tinted prickliness, so different from Mr Mandela’s big-hearted inclusiveness. Mr Mbeki’s denial of the link between HIV and AIDS cost millions of lives. After he was deposed by his party in 2008, there was a brief stand-in, Kgalema Motlanthe, before Jacob Zuma took over the presidency in 2009.

    Mr Zuma arrived with a mixed reputation. He had had a string of close shaves with the law for both grand corruption and squalid sexual behaviour; in his favour were his charm, homespun intelligence and canny ability to mediate between people and the many factions that make up the ANC. But stuck between the impatient masses stirred up by racial populists such as Julius Malema on the one hand, and anxious capitalists and greedy party bigwigs on the other, he has drifted and dithered, offering neither vision nor firm government.

    Worse, Mr Zuma has failed to tackle the scourge of corruption. The ANC under his aegis has sought to undermine the independence of the courts, the police, the prosecuting authorities and the press. It has conflated the interests of party and state, dishing out contracts for public works as rewards for loyalty—hence the bitter jest that the government is in hock to “tenderpreneurs”. This has reduced economic competitiveness and bolstered a fabulously rich black elite. As a result, too little wealth trickles down.

    Nearly two decades after apartheid ended, South Africa is becoming a de facto one-party state. The liberal opposition—the Democratic Alliance (DA), led by a doughty white woman and former anti-apartheid journalist, Helen Zille—has the right ideas, calling above all for the ANC to respect the constitution. The DA has made electoral gains, climbing to 17% of the vote in the last general election in 2009 and 24% in local elections last year. It runs Cape Town and the encompassing Western Cape province better than the ANC runs most of the rest of the country. But most blacks see the DA as too white, and still have a deep-seated loyalty to the ANC—whatever its failings—as the party of Mr Mandela and liberation. That still gives the ANC over 60% of the vote. For the foreseeable future the DA has no earthly chance of national power.

    Call for competition

    Some simple changes could help spur change and integrity. One of the parliament’s worst features is its party-list method of choosing members, who are thus entirely in thrall to ANC bosses rather than to the voters: a constituency-based system would make them more accountable. Although the ANC still has no obvious alternative leader, the party should look to chuck out Mr Zuma when it holds a party election in December, though pollsters consider that unlikely.

    Most of all, South Africa needs political competition. Its neighbours to the north are moving away from the one-party systems that dragged them to corruption and stagnation for decades. South Africa is heading in the opposite direction. The best hope for the country in years to come is a real split in the ANC between the populist left and the fat-cat right to offer a genuine choice for voters. Until that happens, South Africa is doomed to go down as the rest of Africa goes up.

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

    Constitutionally Speaking quiz of the day:

    How many tons does our “labour” Minister Mrs. Olifant weigh?

    1) 1 ton

    2) 2 tons

    3) typical Black “apartheid oppressed” woman dying of hunger and oppression

    4) 3 tons

    5) washed-up blue whale on Cape Town beach

    6) KHULUBUSE Zuma

    7) Pierretjie De Vos (mega tons White guilt)

    Get it right and win a Bleck BMW complete with –

    fokkof from the highway cause I’m revolutionary bleck VIP coming with my own body guards and flashing blue lights.

  • Gwebecimele

    http://www.citypress.co.za/news/boycott-cb-stores-anc-womens-league/

    Check this video link.

    Manuel is right these security guys will act the same way even if the victim is white or indian. They are not affected by apartheid.

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

    Gwebecimele
    April 18, 2013 at 22:04 pm

    “Manuel is right these security guys will act the same way even if the victim is white or indian. They are not affected by apartheid.”

    That is truly disgusting Gwebs. Where is all the Ubuntu gone hey?

    I SAY BLAME IT ON APARTHEID.

    The only solution is to kill all the Whites, Coloureds and Indians. If that don’t work – just take their jobs and make them fuck off somewhere else or beg on the streets.

    That is what I say.

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    http://www.iol.co.za/the-star/waste-of-time-to-use-apartheid-as-an-excuse-1.1502878

    Waste of time to use apartheid as an excuse
    April 18 2013 at 05:55pm
    By Abe Mokoena

    INDEPENDENT NEWSPAPERS

    Minister in the Presidency Trevor Manuel feels it is high time that South Africans move with the times, stop putting the blame on apartheid and deliver for our masses. Photo: DAVID RITCHIE

    Johannesburg – Next year we will be commemorating the 20th anniversary of our democratic statehood. Surprisingly, a debate about whether we should continue to blame apartheid for our failures to deliver has erupted.

    This is a debate that is intellectually stimulating. Minister in the Presidency Trevor Manuel feels it is high time that South Africans move with the times, stop putting the blame on apartheid and deliver for our masses.

    On the other hand, some are of the opinion that we must continue to blame the brutal system of apartheid for our failures to deliver.

    It is disappointing that some people reacted to Manuel’s way of seeing things with their hearts and not with their heads. The man was grossly interpreted out of context.

    It reminds me of the liberal days of Helen Suzman, who once came out for the legalisation of marijuana. Hell nearly broke loose but at least, even if her idea did not win the day, she did get everyone’s attention.

    The same thing should have happened with Manuel. In a true democracy, every idea has the right to be heard. We should agree to differ and differ in order to agree.

    I acknowledge that apartheid is part of South Africa’s history and what happened in that era has been archived for us and posterity, and that its psychological effects will be with us for some time to come.

    We use this history to know where we come from as a country so that we can know where we are, as well as where we are going.

    We use this history to interpret the behaviour of some of us who are still displaying tendencies of living in the past.

    But really at this stage, having been in power for 19 years, we should not blame apartheid for failing to deliver for our people because doing so is like a dog barking at its own shadow at night.

    For example, how do you blame apartheid when a municipality gets eight disclaimers in a row from the auditor-general?

    How do you blame apartheid when a newly tarred road lasts only two years?

    How do you blame apartheid when budgets are not spent but the masses continue to lack basic services such as water?

    How do you blame apartheid when the government does double employment – employing an official without capacity and then appointing a consultant to do the same job, resulting in the squandering of billions of rand?

    And when the consultant wants to honour his contractual obligation of transferring skills, the officer is nowhere to be found, intentionally so.

    He just does not want to learn.

    We should always recall that we are not the only country in the world which has gone through a bad patch.

    Europe has gone through two world wars but through the Marshall Plan, a positive attitude, strong work ethic, dynamic leadership and incorruptible spirit, it only took them a few years to stand on their feet once again.

    And when Estonia regained its independence from the Soviet Union in 1991, the country’s economy was wrecked after almost 50 years of centralised control. But the team of young, reform-minded politicians who came to power along with President Lennart Meri wasted no time in getting to work.

    The new government quickly eliminated almost all tariffs, cut agricultural subsidies, began privatising state-owned enterprises and introduced a flat income tax and a balanced budget amendment, all in the space of a few years.

    They did their work so well that seven years later, in 1998, Estonia enjoyed a stunning 11.4 percent growth in GDP.

    In Africa, Rwanda is a case in point. In the same year that South Africa got its independence, Rwanda experienced genocide.

    And because the Rwandans did not allow themselves to languish in self-pity like ourselves, today the country has a growing economy, and its women constitute almost half of its parliament – one of the highest percentages in the world.

    Misfortune has strengthened their human spirit and this enables them to survive even in a forest of hyenas.

    For them, from dust rises hope, from rubble rises stylish skyscrapers and from forest ashes rises reforestation.

    For them, civilisation as well as forests can be destroyed by devastating fires but in their aftermath, those very ashes nourish the soil and a vigorous new growth arises.

    It is the corrosive mentality of excuses and self-pity that has set some parts of our continent back and continues to make us the laughing stock of the world.

    It was painful to read the message that was found on the bodies of two Guinean teenagers, Yaguine Koita and Fode Tounkara, stowaways who died attempting to reach Europe in the landing gear of an airliner.

    The message reads: “To the Excellencies and officials of Europe: We suffer enormously in Africa. Help us. We have problems in Africa. We lack rights as children. We have war and illness, we lack food… We want to study, and we ask you to help us to study so we can be like you, in Africa.”

    The pair are two of the many victims of the culture of excuses in Africa.

    If we had learnt lessons of the scientific calculation of time when the late Libyan leader Muammar Gaddafi addressed African leaders at the AU summit on July 4-6, 2005, in Sitre, we would not even be mentioning apartheid as an excuse for our failures after 19 years.

    He said: “Dear brothers, we cannot compare the age in which we live with past ages because the missions we are able to undertake now take less time than before. A year in the past now equals 24 days because scientific calculations say that what could be done in a year can now be done in 24 days.

    “So, a month equals two days, and a day equals one and a half hours. What you can do in a day you should do in an hour.

    “So what you could carry for a distance of 1km in the past, be it something solid, liquid or even human beings, something that needed a year to transport can now be done in 24 days.

    “In the past, if you were travelling from Sitre to Cape Town, it took 10 to 12 months on foot. Now you can do it in 10 hours.

    “Our brother Mbeki arrived from South Africa in 10 hours.

    “If that distance was done by old calculations, he would have arrived in Sitre after one year.

    “In the field of communications, a year equals two minutes.”

    So blaming apartheid for our failures to deliver shows that we don’t take the scientific calculations of time into account.

    We should stop seeing 19 years as 19 years. We need to stand up and not walk, but run.

    * Abe Mokoena is an independent commentator based in Polokwane

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

    Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?
    April 18, 2013 at 23:15 pm

    I says blame it on apartheid.

    “We are referring to the entire period of colonial and settler rule in South Africa. This period of white supremacy was long and, for black South Africans, extremely oppressive. It began 361 years ago when the first European settlers arrived at the Cape. It included various forms of bondage for black people, including slavery and various forms of legally sanctioned oppression, of which apartheid was only the last.”

    It took close to 362 years before Mr. Nizimande got a ANC government job which rewarded him richly with a [whitish] German made car and accompanying flashing blue lights.

    I SAY BLAME IT ON APARTHEID!

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

    And under those evil socialist conditions where evil White people suffered under the yoke of unbearable Communist oppression. This is the more austere type of car they chose:

    http://www.peasanttuning.com/wp-content/uploads/2009/07/driving_veb_sachsenring_trabant_601_005.jpg

    [without accompanying flashing blue lights of course]:

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

    Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?
    April 18, 2013 at 23:15 pm

    “And when Estonia regained its independence from the Soviet Union in 1991, the country’s economy was wrecked after almost 50 years of centralised control.”

    LOL. In truth if it wasn’t for 50 years of Communism it would still be a backward tribal wasteland occupied by angry hungry peasants revolting against a feudal tribal monarchy.

    Much like most of Africa.

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?
  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    OK, now this ANC criminal laxity strikes close to home because on Wednesday just after I had finished my supper my sister smsd me pics of my little niece standing next to an 8 foot mamba that had just been killed at the little ones’ after school.

    The ANC are too irresponsible to run any country I have family in!

    http://www.beeld.com/Suid-Afrika/Nuus/Siek-na-mamba-se-byte-20130418

  • Maggs Naidu – JSC is FUBAR! (maggsnaidu@hotmail.com)

    Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?
    April 19, 2013 at 7:53 am

    Hayibo Goofy,

    “The ANC are too irresponsible to run any country I have family in!”

    It must have been a resolution of ANC national conference to put “an 8 foot mamba” at your nieces school.

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    Maggs, you might very well argue the ANC has created the zeitgeist in which anything black feels lucky enough to take on white people and I would not disagree.

    But the facts are though that black mambas are capable of multiple envenomations and you people have destroyed the public health system to the point where public hospitals in the middle of the bushveld do not even carry supplies of antivenom!

  • Maggs Naidu – JSC is FUBAR! (maggsnaidu@hotmail.com)

    Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?
    April 19, 2013 at 9:13 am

    Brett,

    “public hospitals in the middle of the bushveld do not even carry supplies of antivenom!”

    Do you know how to make anti-venom?

    I want to make some to protect me from “multiple envenomations” of WHITE people!

    p.s. Why did god not make WHITE mambas?

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

    At long, long last – the Axis of Evil slowly being dismantled.

    Pakistani police arrest Pervez Musharraf in Islamabad

    http://www.bbc.co.uk/news/world-asia-22211766

  • Maggs Naidu – JSC is FUBAR! (maggsnaidu@hotmail.com)

    Mike, Ozone Guy, Brett, Dmwangi,

    Is it true that you WHITE guys have to be sinful?

    It’s rumoured that Christ died for your sins.

    If you okes are not sinful then Christ would have died for NOTHING – and that would be very sad even a travesty of justice, ne!

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

    Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?
    April 19, 2013 at 9:13 am

    Brett – the good news is that our honourable minister of labour have now for the very first time admitted that “the public sector has managed to transform” and that the main rationale of AA is the “Lilly White” at the top and often male dominated with a few pockets of Black executives.”

    i.e. privileged Whites don’t want to employ enough privileged Blacks.

    We can work it from that angle now.

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    Maggs Naidu – JSC is FUBAR! (maggsnaidu@hotmail.com) says:
    April 19, 2013 at 9:26 am

    Think we can teach mambas not to bite people by making them bite Indians?

  • Maggs Naidu – JSC is FUBAR! (maggsnaidu@hotmail.com)

    Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?
    April 19, 2013 at 9:49 am

    Brett,

    I dunno if that’s going to work.

    Indians and dangerous snakes co-exist in harmony (sort of like “peace and friendship” envisaged by the freedom charter).

    Check this out where the Mayor of the village is pleading with the snake to pay it’s municipal rates.

    http://www.languageinindia.com/oct2007/nagaworship.jpg

    And in this pic the teacher is imploring the child to study hard (better than SADTU, ne)

    http://www.indiawest.com/indiawest_cms/newsimages/image/snake-charmer.jpg

  • Mikhail Dworkin Fassbinder

    @ Spuy

    “I tell you that this whole “merit” nonsense is just an excuse to perpetuate white supremacy and treat blacks as stupids”

    Spuy is right. That is why I have always categorically rejected the so-called idea of “MERIT.” Only STUPIDS do not reject “merit.”

    Thanks.

  • Mike

    @Maggs – one aspect of our society I never mock and that is religion.

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

    Mikhail Dworkin Fassbinder
    April 19, 2013 at 10:27 am

    Be that as it may. Do you agree that it would be a good thing if “a few pockets of Black executives” as our minister of labour put it [as well as the layer of upwardly mobile privileged Blacks just below] could contribute immensely to the growth of our economy by creating new companies and businesses instead of expecting “Lily White executives” to employ them in existing ones.

    You well considered comments would be much appreciated.

  • Maggs Naidu – Cardinal Napier – “I don’t know any gays”! (maggsnaidu@hotmail.com)

    Mike
    April 19, 2013 at 10:32 am

    “@Maggs – one aspect of our society I never mock and that is religion.”

    Me too!!!!

    All you nullifidians out there, it’s so wrong to mock religion – if religion was mockworthy, god would never have invented it.

    Me and Mike are watching you okes (Dworky – especially you).

  • Dmwangi

    @Brett:

    “Most of all, South Africa needs political competition.”

    Now you’re a Schumpeterian? Someone’s good sense must be rubbing off on you.

  • Pingback: JSC & Politics | Attorneys In Durban()

  • Gwebecimele

    http://m.guardian.co.uk/world/2012/nov/09/argentiana-protests-rally-fernandez-kirchner

    Malema holds the record of 10 000 in our country. Unlike the few who wanted to march for invasion of CAR, here is an example of a well organised march for real issues.

  • Mikhail Dworkin Fassbinder

    @ Dmwangi

    “Now [Brett's] a Schumpetarian”?

    I happen to know that Brett has been Schumpeting for many, many years now, and is widely regarded as one of the most accomplished Schumpetars is the country!

    Thanks.

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

    Gwebecimele
    April 20, 2013 at 8:44 am

    “Malema holds the record of 10 000 in our country.”

    LOL. Really, including common everyday Cosatu marches?

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

    Extracts from EE report.

    “Whites at 45.2% representation and accounting for 47.5% of all recruitments and 35.1% promotions at this level, reflect a large but not drastic gap in opportunities when compared to their Black counterparts at the other two upper levels. The picture starts to look more promising in terms of promotion for Africans at this level, albeit on a small scale, at 42.5% when compare to their EAP, which is in excess of 70%.”

    “Reaching equitable representation at this level is possible over the next few years if employers show commitment.”

    “Figure 12 shows that Africans representation at 55.2% as good progress at this level, which is still below their EAP. It is hoped that employers will be able to replicate the same amount of progress made at this level to the middle and upper occupational levels. White representation still remains approximately two-and-a-half times their EAP and Indians are nearly double their EAP. The representation of all the groups, except for Africans, is above their EAP at this level.”

    “Male representation at 57.1% is still dominant and female repre
    sentation at 42.8% falls just short of their EAP, which is 45.2%.
    People with disabilities accounted for 2.3% of the workforce at this level. Very good progress is being made at this level, which should serve as a feeder to all the other upper levels.”

    “Table 8 above shows that Africans at 55.2% and Whites and Indians around double their EAP, recruitment and promotion patterns at this level in terms of race is possible within the next few years. The same pattern seems to appear for gender equity in terms of the data in the table above, although White females tend to benefit more than their African female counterparts when their EAP is taken into consideration. The race and gender distribution for people with disabilities at this level is more swung to equitable representation, though White people with disabilities still dominate at this level in terms of their EAP.”

    So there we see the draconian “demographic” logics. Although at professional and skilled levels transformation has generally been achieved no let up in affirmative action yet. And as I said before, what White people should start understand is that this is not going to stop until they are down to their allocated EAP in all categories. Which, in essence means another two million or so Whites must drop out of the labour market and either emigrate [if they can] or move to Coronation park.

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

    Which comes back to the sentiment expressed above.

    “But Cde Mildred you are the minister, why do you even waste your time to reply to TJATJARAG boers? Do your work in government and we also do our work to MAKE THEM leave our country. Viva NDR viva!!!”

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    You have to remember you’re dealing with illiterates. Face colour is tangible, easily discernible, highly visible, real. A racial headcount is culturally appropriate, like counting ones’ goats at the end of the day to see how many are left.

    ‘Good governance’? That is so abstract.

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    Dmwangi says:
    April 19, 2013 at 16:36 pm

    “Most of all, Escom needs competition.”

    Does that make me a Schumpeterian?

  • Maggs Naidu

    Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    April 20, 2013 at 10:14 am

    Hey Brett – you’re not Schumpting.

    Dmwangi has no reason to insult you – he’s just a nasty racist!

    Anyway here’s a riddle for you :

    What is whitish/pinkish, looks like pork and smells like pork?

    a) WHITE people
    b) Pork

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

    Maggs Naidu
    April 20, 2013 at 10:45 am

    The sad thing is maggs while you revel in your disgusting racism – your black brothers think even less of you than pigs. And just like us white pigs you are also exceeding EAP factor by around factor 2 and when they finished with us you are guaranteed to be next.

  • Maggs Naidu

    Ozoneblue

    April 20, 2013 at 11:21 am

    OB,

    “The sad thing is maggs while you revel in your disgusting racism – your black brothers think even less of you than pigs.”

    Guess what?

    A recent study at a leading university has shown that Indian people evolved from swine flu. Also bits of donkey and water buffalo.

    So my Black brothers have a valid point that I’m less than a pig.

    But the same study showed that there’s. 99.973% overlap between the genes of WHITE people and the genetic material of, er, MUD.

    WDYSTT?

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    What was your spice content?

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

    Excellent when we have academics determining public policy.

    http://www.bbc.co.uk/news/magazine-22223190

    “The Harvard professors had accidentally only included 15 of the 20 countries under analysis in their key calculation (of average GDP growth in countries with high public debt). Australia, Austria, Belgium, Canada and Denmark were missing.”

    “Thomas and his supervisors also didn’t like the way that Reinhart and Rogoff averaged their data. They say one bad year for a small country like New Zealand, was blown out of proportion because it was given the same weight as, for example, the UK’s nearly 20 years with high public debt.”

    “New Zealand’s single year, 1951, at -8% growth is held up with the same weight as Britain’s nearly 20 years in the high public debt category at 2.5% growth,” Michael Ash says.

    “They find that high levels of debt are still correlated with lower growth – but the most spectacular results from the Reinhart and Rogoff paper disappear. High debt is correlated with somewhat lower growth, but the relationship is much gentler and there are lots of exceptions to the rule.”

    Peer reviewed? Pure coincidence or academic fraud?

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

    LOL. And Jackson Mthembu goes bananas.

    http://mg.co.za/article/2013-04-19-anc-hits-back-at-das-election-publicity-stunt

    “The ANC logo is a symbol of hope and PROGRESSIVE THINKING and occupies a special place in the hearts of the majority of South Africans,” said the ruling party.”

    Yep. We all used to think so too.

    “the colours BLACK, which [exclusively] REPRESENT THE AFRICAN MAJORITY, green which represents the MONEY [lots of it too] and GOLD which represents the MINERAL WEALTH of our country,”

    Exactly, all that is missing is the brown for the BULLSHIT.

    I say viva ANC!

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

    Oh but I see what is “Progressive thinking”. It means unadulterated hatred off and endless vilification of the WHITE MALE.

    This one is for you dear Jackson and your bleck ANC.

    http://www.screened.com/up-yours-chief/262-151/all-images/132-1929514/johnny20cash20finger202/131-369069/

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

    Correct. The poison and the hate come from the adults, the socalled leadership of our once proud national liberation movement who are sowing racial conflict and division for profit and to maintain political control, aided and abetted by our equally self-serving White liberals and academics that poison our youth’s minds with all sorts of bizarre and reactionary “race theories” and “identity politics”.

    “His thesis was titled Construction of a Common National Identity in South Africa, and had a special focus on people born after 1994,referred to as the “born-frees”. Ngonyama said he did not want his political position to intimidate respondents and influence the outcome of his research – so he relied on research assistants. “I didn’t want them to feel they had to answer questions different to what they have answered. They were brutal in answering questions. They were a tough lot,” he said. “They questioned what race had to do with their studies, why tick a box to identify yourself as coloured, white or another race group. They feel we are trying to pass our anger and divisions onto them.” In his research, Ngonyama explored whether South Africa was truly a “rainbow nation” and whether, with the country’s “beleaguering past, we have managed to do away with [apartheid]“. He said those he interviewed, from Western Cape schools, felt it was important to correct imbalances. They questioned affirmative action and black economic empowerment. “They are much more united than us and become angry when we divide them. Young people born in the 1990s do not share the enmity that’s still so much with the older generation. They want to be regarded as one nation, as South Africans,” he said.”

    http://www.timeslive.co.za/thetimes/2013/04/19/sa—as-seen-by-the-born-frees

  • Mikhail Dworkin Fassbinder

    @ Ozone

    “[Maggs'] black brothers think even less of you than pigs”

    OB is wrong. I am quite sure that many pigs think about Maggs more than his black brothers do.

    Thanks.

  • Maggs Naidu

    Mikhail Dworkin Fassbinder

    April 20, 2013 at 16:25 pm

    Dworky,

    “I am quite sure that many pigs think about Maggs more than his black brothers do.”

    I agree that WHITE people probably think about me more than humans do!

  • joeslis

    @Maggs

    “I agree that WHITE people probably think about me more than humans do!”

    What an offensive thing to say, Margaret. Have you no UBUNTU?

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

    Correction.

    “aided and abetted by our equally self-serving White liberals and academics that poison our youth’s minds and imagination …”

    For they are not only poisoning the mind now as in how we perceive ourself as ONE South African but they are also destroying our ability to envisage a different future.

  • Mikhail Dworkin Fassbinder

    @ Maggs

    “I agree that WHITE people probably think about me more than humans do!”

    When you say WHITE people, do you mean WHITISTS as such, or WHITISH people? Or are you referring more generally to the broader category of WHITISM? I am confused!

    Thanks.

  • Chris

    Ozoneblue
    April 20, 2013 at 16:01 pm

    “Ngonyama explored whether South Africa was truly a “rainbow nation” and whether, with the country’s “beleaguering past, we have managed to do away with [apartheid]“ ”

    Perhaps politicians would do better once they realise that a rainbow is just an optical illusion.

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    Maggs Naidu says:
    April 20, 2013 at 12:26 pm

    Did they find Indian people could be classified, like, say, chakalaka?

    ‘Hot’……’Mild & Spicy’?

    I still have in the back of my mind this idea about black mamba bite aversion training. Although it has always struck me as the advice of a silly bemoeisieke friend when we were laaities my mom went through this phase of putting red pepper on our tongues to try dissuade us from swearing…

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

    Oh goody.

    “He called for a balance in the selection for the training of about 700 young people, in various skills such as plumbing, construction and health and safety. “This project is being started to empower the women of this area and young men as well. We must affirm women, but we must be careful that we do not affirm women at the expense of neglecting our young boys,” says Nzimande. He says that if young men are neglected then many of them will be turned into monsters and do the kind of things that were done to Booysen. “We must view this as part of the campaign against violence against women and children,” he added.”

    Even our “Communist” minister of education Blade Nzimande can comprehend the profound human rights implication of the NDR doctrine of “demographic representivity”. It sound a bit less attractive or “fair” when you happen to be a member of the “overrepresented group” – does it not. Blade – even perhaps you must resign from your government office to make space for a women, a gay or a disabled person, you can share notes with advocate Izak Smuts on this matter.

    And what about skills development for those groups who are totally marginalised and excluded from your governments definition of “designated groups”. I’m thinking White trash – you must have heard about those lot by now since their numbers are increasing rapidly.

  • http://www.ozoneblue.co.za/ Ozoneblue
  • Maggs Naidu – The DA fought apartheid! (maggsnaidu@hotmail.com)

    Mikhail Dworkin Fassbinder
    April 20, 2013 at 22:05 pm

    Sorry about confusing you Dworky.

    I’ve complied a quick guide to assist people who want to know if they are WHITE.

    Answer each of the 20 below questions truthfully – if you answer “yes” to any of the questions then you are WHITE.

    1. Are you WHITE? (if no go to question 3)
    2. Liar!
    3. Go to question 2
    4. Are you impressed by Dmwangi?
    5. Did you steal land from Black people?
    6. Do you say “forget the past”?
    7. Do you think apartheid was better?
    8. Did you support apartheid? (if no go to question 2.)
    9. Do you have a granny?
    10. Do you spend weekends killing homeless Black people in parks?
    11. Do you watch rugby, drink, swear, spit, drink some more, eat boerewors, spit some more?
    12. Do you like boiled food (uggghhh!)?
    13. Are you smart? (if “yes” got to question 2).
    14. Do you have Black friends?
    15. Are you racist? (if “no” go to question 2.)
    16. Does this questionnaire annoy you? (If “yes” go to question 9)
    17. Are you DMwangi, Brett, OB, Mike?

  • Maggs Naidu – The DA fought apartheid! (maggsnaidu@hotmail.com)

    Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?
    April 21, 2013 at 8:41 am

    Brett,

    Eish – red pepper?

    What the heck does red pepper do?

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

    Maggs Naidu – The DA fought apartheid! (maggsnaidu@hotmail.com)
    April 21, 2013 at 20:01 pm

    “11. Do you watch rugby, drink, swear, spit, drink some more, eat boerewors, spit some more?”

    LOL.

    Absolutely. And I know I’m WHITE, and I’m fucking proud of it too. And all my Black friends just love me.

    You go reckon.

  • Mikhail Dworkin Fassbender

    @ OzoneGuy

    “all my Black friends just love me.”

    You are fortunate, Ozone. I have but one black “friend”. And I do not think even he likes me very much — despite my frequent references to UBUNTU, plus my unswerving commitment to TRANSFORMATION!

    How do you explain that?

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

    Mikhail Dworkin Fassbender
    April 21, 2013 at 22:31 pm

    “You are fortunate, Ozone. I have but one black “friend”. And I do not think even he likes me very much — despite my frequent references to UBUNTU, plus my unswerving commitment to TRANSFORMATION!”

    Interesting point mfd. It is my experience that rich whites, especially the most vociferous, self-loathing of White liberal types work in White dominated organisations/companies and live in overwhelmingly White suburbs, if they have kids they go to mostly White dominated private schools as well. So they don’t really know Black people or mix, besides for what they see on the telly and what they hear in the news. Their entire world view is based on that, it is a snobbish sort of guilt trip projection but tragically out of touch what happens with ordinary South Africans every day.

  • Maggs Naidu – The DA fought apartheid! (maggsnaidu@hotmail.com)

    South Africa’s Navanethem Pillay, a former judge and anti-apartheid lawyer appointed United Nations High Commissioner for Human Rights in July 2008, is one of Forbes magazine’s 100 most powerful women in the world. …

    “Judges were all white and male,” Pillay told The Sydney Morning Herald on 26 July 2008, adding that “the first time I entered a judge’s chambers was when I entered my own”. As a black lawyer under apartheid, she would have been barred from entering a judge’s chambers.

    http://www.mediaclubsouthafrica.com/index.php?option=com_content&view=article&id=1312:sa-judge-on-forbes-power-list&catid=42:landnews&Itemid=110

  • Pierre De Vos

    Interview with Izak Smuts conducted by my Constitutional Law class for their Blog: http://contextsblog.wordpress.com/2013/04/20/interview-with-izak-smuts-sc-regarding-his-resignation-from-the-jsc/

  • Maggs Naidu – The DA fought apartheid! (maggsnaidu@hotmail.com)

    African women make up less than 1% of the senior counsel in the legal profession in South Africa, a study has shown.

    Of the 473 senior counsel from whose ranks candidate judges are selected, only nine were black women, the Sunday Times said. Of the nine women, only four were African.

    http://mg.co.za/article/2013-04-21-jsc-lashed-for-slow-pace-of-gender-transformation

  • Gwebecimele

    We must thank Adv Smuts for shining the light on issues of transformation at the JSC. As a white man and a snr advocate he ensured that this matter will occupy the front pages of our newspapers. Although the debate has since shifted from his original concern (white men appointments) to gender and transformation his move must be welcomed. If this was raised by black female jnr attorney in Tsolo there is no doubt that it would have gone only as far as the ‘letter to the editor of Daily Dispatch”.

    Every year we are expected to be “shocked” by our daily observations of inequality and exclusions. Who doesn’t know that whites earn way more than blacks? Year after year we pretend to be shocked by Employment Equity Report or lack of appointment of women to certain positions.

    Sunday times decided to pull out an old tired debate/headline that black women sc’s make up only 1%. Others now want this 1% to be guaranteed government work so that they can gain mileage against their peers. Why are they special, what about women in other professions?

    Thanks to Adv Smuts for achieving the OPPOSITE of his intentions.

    Is there another white man who wants to be the face of our national priorities?

  • Maggs Naidu – The DA fought apartheid! (maggsnaidu@hotmail.com)

    Pierre De Vos
    April 22, 2013 at 9:24 am

    “Interview with Izak Smuts”

    This whole thing is pretty stupid.

    If the JSC wants women (or Black men or any other configuration) they must simply call for nominations in that way.

    Pretending otherwise is cowardly.

    Hopefully Mogoeng-squared, as head of the JSC, will have the balls to lead the way.

  • Gwebecimele

    Should those who are NOT “fit and proper” or “Without merit” REMAIN in our lower courts?

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    This whole thing is pretty stupid. A farce.

    Why should Gwebecimele earn as much as white people? Which are those again? Who are these white people he wants to earn as much as?

    Why should black women be 1% of SCs? Why should black women be 100% of SCs? To whom is this a real issue?

    Talk about masturbating while Rome burns, to mix a metaphor.

    South Africa has a 10% conviction rate for murder. A 2,8% conviction rate for rape. Less than 1% conviction rate for trio crimes. A President that can’t fill the top prosecutorial office with a fit and proper lawyer for 18 months.

    Objectively seen? All the top legal brains must surely have left the country, or is there some other reason for laying low while the wankers reign supreme?

  • Zoo Keeper

    Maggs

    You are actually spot on.

    If the JSC feels it has too few black females it must be honest and say it: “5 positions vacant. Only black females may apply for these positions.”

    If it is not doing so, why? What is it afraid of doing so if the transformation of the judiciary is the imperative?

    That is the real question – why doesn’t the JSC openly reserve positions for persons of particular hues and sexes?

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

    Gwebecimele April 22, 2013 at 10:01 am

    Do you mean the same EE report that indicates that the labor market has, at all levels – skilled to professional been transformed and is now dominated by Black people. Or are you again whining about the 1% rich, elitist whites and blacks and their shitfight for control right at the top. Or is it again confirmed what we know, that the working/middle class – the overwhelming majority of our people is not what your racist, classist ANC is all about?

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

    Zoo Keeper April 22, 2013 at 12:07 pm

    They do it so as to keep the pretense going that we are building a nonracial, non-sexist democracy. There a plenty of other transparent interventions that can be made to ensure Black women are selected on merit and not discriminated against, but the only solution is of course ‘fair’ discrimination and discrimination can never be ‘fair’ if the ad simply said only Black women need apply- it sounds to much like apartheid, crudely racist and sexist.

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    Is ‘the problem’ that only 5% of Senior Counsel are black women? Or is ‘the problem’ that only 2,8% of the rapists of black women are ever going to serve time? 10% of their killers? Is gender representation the core business of the justice system when it has a track record like that?

    Or does the justice system have a track record like that because gender representation is its core business?

    How many of the people you pass on the street know who or WTF ‘Senior Counsel’ is? Who really cares?

    Isn’t this the esoteric preoccupation of a small bunch of wankers? Does anyone really care what the colour of the face is of the person sending that murderer away? That he has a dick instead of a pussy? Or do you care that he should have encyclopaedic knowledge of the criminal law like Dr Mouse?

    We’ve entertained this mindless bullshit for 20 years. When is enough enough?

    When 750 000 people have been murdered?

    The SAPS is a perfect example of ‘transformation’. 80% of this criminal enterprise have been appointed under ANC rule? A week long course to become a detective? FFS?

    Results, anyone?

  • Zoo Keeper

    OB

    Exactly. If it is a pretense to keep the facade of non-racialism up, then what they are actually doing is fundamentally wrong and they know it.

    If they believed it was right, they would be quite brazen about it.

  • Zoo Keeper

    The other thing is that famous speech by Ghaddaffi of all people – that 24 days equals 1 year.

    By that rationale all negative impacts of Apartheid and white immigration for the last 350 years should have been addressed in 15 years – coincidentally the same period of time it takes to move a child from grade 1 to completion of an undergrad degree…

    How long do we have to “transform” for before the farce becomes unbearable?

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

    Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR? April 22, 2013 at 14:22 pm

    Brett you are intelligent enough to know it is not about justice or even serving the majority of the people. It is about middle class entitlement. Nothing more, nothing less and about securing/bribing the Black middle class vote.

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

    And yet another thinly veiled, racist, bizarre nostalgia for Apartheid by none other than arch-liberal Eusebius Mckaiser.

    “Such trust is fostered only when justice is dispensed by people who broadly look like the people who the justice system is regulating.”

    Viva Verwoerd and “separate development”. Surely the same can be said for health care and education?

    http://www.iol.co.za/the-star/jsc-is-consistently-inconsistent-1.1504039

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

    Only blecks can understand, work with and govern blecks and all that.

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    Yes. And finding cushy semi-retirement for loyal cdes friends. SOme might have thought I was overly confrontational when De Vos retweeted a former Chair of the Gender Commission a week ago, but it is hard for me to imagine a more useless bunch of do-nothings sucking at the public tit than the gender commission.

    If they were doing anything at all besides coining it no-one would be talking about the number of female SCs. There would never be a rape conviction rate of 2,8%. Yet here we treat someone as normal under whose watch R10m of OTHER PEOPLE’S MONEY was transferred out of the silly commission’s bank account to a dummy account and syphoned of? Has there ever been a conviction? Mere credible criminal investigation?

    Now, I can’t imagine being part of a criminal justice system which has been a passive spectator while 500 000 people have been murdered and even more women raped. The mere thought is overwhelming to my sense of right and wrong. Better to shoot oneself in the head than be a farceur at that scale.

    And if R10m of the peoples’ money got feet on my watch? Wouldn’t leave a rock unturned. That perpetrator would never close an eye until I caught up with it.

    Can’t explain it. Perhaps the name of the game when looking objectively at the progressive elite is ‘circle-jerk’?

  • Mike

    @Ozone Blue – Lets not forget that three black judges had to recuse themselves in Zuma’s rape trial before it eventually fell upon a white judge. Furthermore all of them run to white Silk’s when the shit hits the fan and they have to appear in court.

  • Gwebecimele

    Brett

    Please provide your source for 5% figure.

    Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR? says:
    April 22, 2013 at 14:22 pm
    Is ‘the problem’ that only 5% of Senior Counsel are black women?

  • Mikhail Dworkin Fassbinder

    @ Gwebe

    If so-called whites are doing so well in the legal profession, how come 38% of white advocates now live under bridges, and as many as 18% have had to sell their children’ internal organs for medical experiments to pay their chamber rentals?

    Thanks.

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

    @mfd

    Why ask gwebs. Please don’t expect the Bleck man to understand anything about the White man.

    Listen to our wise bleck liberal friend Eusebius.

    “Such trust is fostered only when justice is dispensed by people who broadly look like the people who the justice system is regulating.”

    You see the White man speaks with forked tongue, and the chief has many cattle and wifes.

  • Maggs Naidu – The DA fought apartheid! (maggsnaidu@hotmail.com)

    Zoo Keeper
    April 22, 2013 at 15:27 pm

    Zooky,

    “all negative impacts of Apartheid and white immigration for the last 350 years should have been addressed in 15 years”

    That’s a rather distorted view.

    It will take many generations to eradicate the ravages of apartheid.

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    See? Maggs is inviting a circle-jerk again.

    It wouldn’t have taken nearly as many generations had the population not tripled beyween 1978 and 2010.

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?
  • Gwebecimele

    Dworky

    You and Brett must be having Stats Sessions at Milpark.

  • Brett Nortje – 19 years of ANC rule! Is South Africa FUBAR?

    So, Gwebecimele, what do you think of Dinah pule’s performance?

    An embarrassment to every South African, no?

  • Henri

    Another clear confirmation of the ANC caucus that runs the JSC’s ANC appointments to the Bench:” …. that not he, but Deputy Justice Minister Ngoako Ramatlhodi, is in charge of the political bloc. (Naturally, Mr Radebe denied that there is any bloc.)”
    http://www.bdlive.co.za/opinion/2013/04/24/political-agendas-to-be-seen-in-appointment-of-judges