Prof is saying the opposite of what Adv Ramathlodi is reported to have said, that no one is above the law, judges included.

According to Prof’s logic, your right to equal protection of the law exist to the extent that you are not accusing the beloved CC judges of interfering with your rights. The moment you do that, you are, quite frankly, screwed!!

There is a part of your argument that I would have liked to include. The Right to Protection of the law! How does that sit against the failure of the Concourt to be rearranged to hear cases where the complaints are against the Concourt judges themselves!

I guess congratulations (for this round) are in order to our colleague, Justice Hlophe. He is not such a “nut case” as some of his detractors would like us to believe. you will remeber that just a few weeks ago, I cautioned against the “burning desire” to write him off. I was convinced then, as i am now, that the JSC bungled the procedure pertaining to this important matter. i am not sure what the motivation or the underlying reasons are for such a blatant miscalculation. I must concede from the very outset that I am not privy to the entire arguments that may have informed various strategies (Not stratagem), thus my view are only limited to what is readily in the public domain and soem understanding of the law. One thing that is clear though is that, Justice Hlophe seems destined for greater heights, whether some scribes like it or not. Let us all watch the space and keep the intellectual discourse on course.

On a different note, I wish Adv Bizos Sc a speedy recovery. I admire his scholastic talent greatly. it’s a pity that he found himslef entangled in this situation pertaining to justice Hlophe. Be that as it may, I sincerely hope that he recovers soon and continue to do what he does best- “the art of law”

Regards

Zola Majavu (“M”

http://www [dot] iol [dot] co [dot] za/index.php?set_id=1&click_id=13&art_id=nw20090601110640742C355124

Sunday Times
Editorial
19 January 2008
http://www.thetimes.co.za/News/Article.aspx?id=686327

President Thabo Mbeki has held the ultimate trust a nation can bestow since he was sworn in as our first citizen on June 16 1999. As head of state and the government, he has been responsible for those aspects of our health, security and economic wellbeing that are beyond our personal control.

He has invoked that mandate regularly in the execution of his responsibilities ¬ insisting that Manto Tshabalala-Msimang was up to the job in the face of massive anecdotal and empirical evidence to the contrary; telling us that there were moves afoot, too secret for us to know, that would resolve the Zimbabwe crisis; reassuring us that our police force was in good hands.

“Trust me,” Mbeki told religious leaders who raised concerns with him over a year ago about the relationship between National Police Commissioner Jackie Selebi and Mafia boss Glenn Agliotti, who had just been arrested in connection with Brett Kebble’s murder.

He said he had no evidence suggesting Selebi had done anything wrong, and promised to act if anything came up.

Now it has emerged that National Prosecuting Authority and Scorpions head Vusi Pikoli wrote a “last resort” appeal to Mbeki in May last year, spelling out serious allegations against Selebi and asking for executive support to investigate the country’s police chief, who was also president of Interpol. He specifically recorded his concern that Selebi was protecting Agliotti.

We do not know whether Mbeki responded to that letter, but in September, when Pikoli obtained search and arrest warrants against Selebi, Mbeki intervened decisively to suspend Pikoli on grounds massively more tenuous than the evidence already stacked against the policeman . Days later ¬ after a meeting with officials from Mbeki’s office ¬ Pikoli’s temporary replacement pulled the arrest warrant and unsuccessfully tried to do the same with the search warrants. But, to his credit, Mokotedi Mpshe continued to do a policeman’s work.

Selebi will soon be charged with defeating the ends of justice by protecting crime suspects, corruption and racketeering. The details of the indictment, most of which would have been available to Mbeki in September, range from soliciting petty bribes to a charge that Selebi abused his Interpol access to protect Agliotti.

Mbeki protested publicly that no one had given him cause to doubt Selebi, but we now know that, in addition to the many detailed reports by investigative journalists ¬ which should have been enough for him to act ¬ the evidence gathered by official investigators has been there for Mbeki to pick up and read, at least since May. We now know that he deliberately ignored this information.

It is impossible to conclude otherwise than that our President lied to the nation *1 when, in announcing Selebi’s suspension last week, he said: “I have said this before many times: if there was anybody who brought information to me that showed that the national commissioner of police had done wrong things, I would act on it. And nobody did.”

You betrayed our trust, Mr President. Now we ask: dare we trust you any longer?
________________________________________

*1 Mbeki lied point blank to the nation in this instance.

But he has a seven year track record of lying point blank to the nation in Arms Deal.

On 19 January 2001, yesterday exactly seven years ago, Mbeki told the nation via a special broadcast on SABC TV :
“Fellow South Africans
…………….
In this regard, I would like to extend my sincere thanks to Advocates Jan Lubbe S.C. and Frank Kahn, S.C., Director of Prosecutions in the Cape of Good Hope, for the assistance they gave the Minister to correct the weakness we have indicated.
In a letter to the Minister of Justice dated 18 January, 2001, they say:
‘Further to your enquiry we advise as follows that at this stage there is no prima facie evidence in law that any person or persons committed a criminal offence.’
Let me repeat their statement:
‘Further to your enquiry we advise as follows that at this stage there is no prima facie evidence in law that any person or persons committed a criminal offence.’”
The truth was exactly the opposite; the precise words of the two senior counsel in their letter of 18 January 2001 were as follows :
“there are sufficient grounds in terms of the Special Investigating Units and Special Tribunals Act No 74 of 1996, for a special investigating unit to conduct an investigation, and, in our opinion, such an investigation is warranted”.
So this is point blank lie direct to the nation.

Mbeki’s Fishers of Corrupt Men, contains multiple examples of Mbeki’s out and out lying to the country ”
“The fishers have focused especially on the Thomson (Thales) element *2 of the prime contract entered into by the government with the suppliers of the corvettes, the German Frigate Consortium (GFC) *3. The government has explained this very clearly before, that it entered into a contract with the GFC to supply the required number of corvettes, meeting all the stipulated specifications *4.
The government has no contracts with the companies retained by the GFC to supply the various component parts of the corvettes *5. Similarly, it never had occasion or need to determine who the partners of the GFC should or should not be, including Thomson (Thales) *6.
Our Country Needs Facts, Not Groundless Allegations
http://www.armsdeal-vpo.co.za/special_items/correspondence/mbeki/mbeki_facts.htm

*2 Another lie.
The government did not enter into a prime contract with the German Frigate Consortium (GFC).
The government entered into a prime contract the European South African Corvette Consortium (ESACC).
ESACC consisted of Blohm+Voss, Thyssen Reinstahl Techniek, HDW, Thomson-CSF Naval Combat Systems and African Defence Systems (Pty Ltd.
It’s clear, it’s in black and white, it’s got all the signatures on it including those of January Masilela and Chippy Shaik.
*3 Another lie.
The contract diverged in many respects from the stipulated SA Navy specifications.
*4 Another lie.
The Umbrella Agreement for the Corvette is directly between the SA Government and Thomson-CSF Naval Combat Systems and African Defence Systems (Pty Ltd in respect of the supply of Part B (the Thomson-CSF and ADS supplied part of the corvette combat suite) and Part C.(the South African Defence Industry supplied part of the corvette combat suite plus the anti-ship missile).
*5 Another lie.
Armscor’s Request for Information dated September 1997 and Request for Offer dated March 1998 specifically recorded ADS as being responsible for the combat suite and supplying inter alia the combat management system.
The Project Control Board (PCB) sat on 6 June 1999 and formalised its equipment selections (including these ones) and a letter just a few days later (I think 21 June 1999) to ESACC from the Chief Executive Officer of Armscor, Llew Swan, the SA Government statutorily-stipulated defence materiel acquisition agency formally recorded these selections.
So Mbeki manages to propagate at least four serous lies in just two paragraphs.

Mbeki goes on to say :
The proposition that the government influenced the choice of Thomson by the GFC as one of its sub-contractors is both a blatant falsity concocted by the fishers, and a logical absurdity *6. In its statement of 15 September 2000, the government announced those with whom it had entered into contracts. These are British Aerospace/SAAB, the German Frigate Consortium and Augusta. It had no primary contract with Thomson (Thales), as the supplier of the electronic combat suite of the corvettes, which matter, of the supplier of this suite, remained in the exclusive domain of the GFC *9.
*6 Another lie.

Mbeki is on the documented record as having met Thomson-CSF privately, secretly and on multiple occasions in the two year period prior to Thomson-CSF being awarded the contract for the Thomson-CSF Tavitac NT combat management system (CMS) and the combat suite sensors.

If is clear, it is on paper it cannot reasonably be refuted.

Indeed when questioned in Parliament about his secret meetings with Thomson-CSF in Paris, he claimed he cannot recall.

Yet apart from Thomson-CSF’s encrypted faxes referring to these meetings, there are letters directly to Mbeki himself and to his ambassador thanking them for the meeting.

It is extraordinary.

What a wonderful witness Mbeki will make for adversarial cross-examination.

*7 Another lie.

The contract for the combat suite and the Thomson-CSF Tavitac NT combat management system (CMS) is directly between the South African Government and Thomson-CSF and ADS.

But next ceases to amaze :
The gentleman concerned makes the false allegation that during the life of the Government of National Unity, formed in 1994, a contract for four corvettes to be built by Bazan of Spain “was cancelled after being awarded” *8. This is not true. The preceding apartheid Cabinet had not approved this contract. The GNU Cabinet decided not to enter into this contract.
Bazan entered the later competition to supply the four corvettes, and lost to the GFC. This issue is of relevance and interest only because of the controversy that some have brought into the current defence procurement. It is an interesting coincidence
that this controversy has focused so intensely on the corvettes.
*8 Another lie.

What I said was :
“This was not long after a R2,4bn tender (1995 : the rand to the US dollar was R3,50) for four patrol corvettes (read light frigates) was cancelled after being awarded, to all intents and purposes to Bazan of Spain.”
http://www.armsdeal-vpo.co.za/articles03/query_spending.html

Mbeki simply leaves out the rider to suit his deceitful purposes.

Meanwhile Rear Admiral (JG) Kek Vester had testified under oath during the Public Phase of Arms Deal Investigation during June 2001 as follows :
“I just want to point out in 1994 and 1995 there were very particular approvals given for the Corvette, the navy Corvette, and there is certain documentation which I do not want to now name, but we were on our way to ask for political authority in 1995 particularly. At that time the Corvette had money approved on the budget.”
I can state categorically that after a three year process Bazan had won the tender over the Yarrows Shipyard of Glasgow. The approvals had been given – only final cabinet authority was required.

SA Navy and Armscor personnel were by then already working at the Bazan shipyard on the western seaboard of Spain. I personally know some of them.

I can also state categorically that Bazan actually won the military evaluation process of the 1997 to 1998 Arms Deal. I know – I was told face to face by the SA Navy’s project director.

This too was overturned by Mbeki and his cronies in Cabinet to give it to his buddies in Germany.

In short Mbeki is an out and out liar whenever it suits him.

A first world country or even a developing country cannot have liar for a president.

He must go.

But the problem is, with whom can he be replaced right now?
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Report from the Director Public Prosecutions Western Cape, Advocate FW Kahn SC,
and Advocate J Lubbe SC,
to the Minister of Justice and Constitutional Development, PM Maduna

18 January 2001

Memorandum

Your fax dated 16 January 2001 refers. In accordance with your request, we report as follows:

In the brief time available to us, we looked at the available information and we also consulted certain interested parties to obtain further information, including MS de Lille.

The Auditor-General has pointed out irregularities which merit further investigation and it is too early to conclude whether criminal offences will be revealed.

We are of the view that the preparatory criminal investigation being conducted by IDSEO in terms of section 28(13) of the National Prosecuting Authority Act, No 32 of 1998, is warranted and justified.

In addition there are sufficient grounds in terms of the Special Investigating Units and Special Tribunals Act, No 74 of 1996, for a Special Investigating Unit to conduct an investigation, and, in our opinion, such an investigation is warranted.

We agree with the conclusions of the Special Committee on Public Accounts, namely that the investigation would be best conducted by a multi-disciplinary team, consisting of the Investigating Directorate: Serious Economic Offences (under the authority of the National Director of Public Prosecutions), the Auditor-General, the Public Protector and the Special Investigating Unit. Due to the scope of the investigation, it is, in our opinion imperative that all the agencies referred to above should be involved at the earliest possible stage.

We have, however, also taken cognisance of the judgement of the Constitutional Court in the case of SA Association of Personal Injury Lawyers versus Heath and others( CCT27/2000) in which the court declared section 3(1) of Act 14 of 1996 and Proclamation R24 of 1997 invalid. In the light of this judgement, we recommend that the Act be amended as a matter of urgency, to meet the constitutional defects.

We have furthermore noted that, in terms of the judgement, Judge Heath’s tenure as head of the present Special Investigating Unit will terminate as a matter of law within a year of the judgement, for as long as Judge Heath remains a judge. Given the magnitude and complexity of the investigation, a change of the head of the unit during the investigation might practically hamper the investigation.

Consideration could be given to appointing another Special Investigating Unit under an acting judge, who could then be placed in a position to continue with this investigation by reverting to his personal status after the Act is amended. Some existing members of the present Unit could be appointed to the new Unit, thereby retaining experience and expertise gathered by the present Unit. Such a step would ensure continuity and be in accordance with good governance expected of the President in view of the above-mentioned Constitutional Court judgement.

(signed)
FW KAHN SC
(signed)
ADV J LUBBE SC

18 January 2001
________________________________________

And there you have it.

One massive lie by the president of the country broadcast to the entire nation by a special SABV TC mid-afternoon transmission.

Out with him.

His legacy to the nation :
• a litany of lies;
• a very corrupt country;
• a chacma baboon for chief of police;
• an idiotic and corrupt successor;
• transformation of a first world country back into the dark ages; and
• a 10% shortfall in supply over demand in electrical power rather than a 15% safety margin.
Out with him.

(Annotated by Dr Richard Young, PhD, telephone: 082 891 5868)

your kidding me? so now the whole process has to start all over again