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	<title>Comments on: Why John Hlophe will not be appointed</title>
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	<link>http://constitutionallyspeaking.co.za/why-john-hlophe-will-not-be-appointed/</link>
	<description>This blog deals with political and social issues in South Africa, mostly from the perspective of Constitutional Law. Written by Pierre de Vos</description>
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		<title>By: Maggs Naidu</title>
		<link>http://constitutionallyspeaking.co.za/why-john-hlophe-will-not-be-appointed/#comment-20064</link>
		<dc:creator>Maggs Naidu</dc:creator>
		<pubDate>Sun, 11 Oct 2009 20:48:09 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1492#comment-20064</guid>
		<description>I better add that I was wrong about Jafta and Theron. 

:(</description>
		<content:encoded><![CDATA[<p>I better add that I was wrong about Jafta and Theron. </p>
<p> <img src='http://constitutionallyspeaking.co.za/wp-includes/images/smilies/icon_sad.gif' alt=':(' class='wp-smiley' /> </p>
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		<title>By: Maggs Naidu</title>
		<link>http://constitutionallyspeaking.co.za/why-john-hlophe-will-not-be-appointed/#comment-20062</link>
		<dc:creator>Maggs Naidu</dc:creator>
		<pubDate>Sun, 11 Oct 2009 20:35:42 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1492#comment-20062</guid>
		<description>Michael says:
September 23, 2009 at 10:20 am

Maggs, once again, I really do hope you are right.

Let us have a formal wager on Froneman’s fate.

And I hereby promise to withdraw my reactionary racial nationalism thesis if Froneman is appointed.
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DN says:
October 5, 2009 at 20:46 pm

Maggs, once again, I really do hope you are right.

Let us have a formal wager on Froneman’s fate.

And I hereby promise to withdraw my reactionary racial nationalism thesis if Froneman is appointed.
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Either Michael and DN are the same person or there&#039;s the Singapore judge thingy again.

(Dworky help with the big word).

Get ready to withdraw!</description>
		<content:encoded><![CDATA[<p>Michael says:<br />
September 23, 2009 at 10:20 am</p>
<p>Maggs, once again, I really do hope you are right.</p>
<p>Let us have a formal wager on Froneman’s fate.</p>
<p>And I hereby promise to withdraw my reactionary racial nationalism thesis if Froneman is appointed.<br />
           &#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;<br />
DN says:<br />
October 5, 2009 at 20:46 pm</p>
<p>Maggs, once again, I really do hope you are right.</p>
<p>Let us have a formal wager on Froneman’s fate.</p>
<p>And I hereby promise to withdraw my reactionary racial nationalism thesis if Froneman is appointed.<br />
&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;<br />
Either Michael and DN are the same person or there&#8217;s the Singapore judge thingy again.</p>
<p>(Dworky help with the big word).</p>
<p>Get ready to withdraw!</p>
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		<title>By: DN</title>
		<link>http://constitutionallyspeaking.co.za/why-john-hlophe-will-not-be-appointed/#comment-19789</link>
		<dc:creator>DN</dc:creator>
		<pubDate>Mon, 05 Oct 2009 18:46:47 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1492#comment-19789</guid>
		<description>Maggs, once again, I really do hope you are right.

Let us have a formal wager on Froneman&#039;s fate.

And I hereby promise to withdraw my reactionary racial nationalism thesis if Froneman is appointed.</description>
		<content:encoded><![CDATA[<p>Maggs, once again, I really do hope you are right.</p>
<p>Let us have a formal wager on Froneman&#8217;s fate.</p>
<p>And I hereby promise to withdraw my reactionary racial nationalism thesis if Froneman is appointed.</p>
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		<title>By: Maggs Naidu</title>
		<link>http://constitutionallyspeaking.co.za/why-john-hlophe-will-not-be-appointed/#comment-19417</link>
		<dc:creator>Maggs Naidu</dc:creator>
		<pubDate>Wed, 23 Sep 2009 11:13:15 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1492#comment-19417</guid>
		<description>Anonymouse says:
September 23, 2009 at 12:11 pm

I suspect our country needs some respite from the Hlophe matter - appointing Jaftha will not help.

As long as Hlophe is on the bench, this matter and the associated agony will be prolonged - and that will not auger well for the Zuma administration.

So &quot;political solutions&quot; to the rescue.</description>
		<content:encoded><![CDATA[<p>Anonymouse says:<br />
September 23, 2009 at 12:11 pm</p>
<p>I suspect our country needs some respite from the Hlophe matter &#8211; appointing Jaftha will not help.</p>
<p>As long as Hlophe is on the bench, this matter and the associated agony will be prolonged &#8211; and that will not auger well for the Zuma administration.</p>
<p>So &#8220;political solutions&#8221; to the rescue.</p>
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		<title>By: Maggs Naidu</title>
		<link>http://constitutionallyspeaking.co.za/why-john-hlophe-will-not-be-appointed/#comment-19415</link>
		<dc:creator>Maggs Naidu</dc:creator>
		<pubDate>Wed, 23 Sep 2009 10:55:23 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1492#comment-19415</guid>
		<description>Harold Ferwood says:
September 23, 2009 at 12:44 pm

Deeply disappointed :(

I was waiting for the sleazebag to be roasted.</description>
		<content:encoded><![CDATA[<p>Harold Ferwood says:<br />
September 23, 2009 at 12:44 pm</p>
<p>Deeply disappointed <img src='http://constitutionallyspeaking.co.za/wp-includes/images/smilies/icon_sad.gif' alt=':(' class='wp-smiley' /> </p>
<p>I was waiting for the sleazebag to be roasted.</p>
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		<title>By: Harold Ferwood</title>
		<link>http://constitutionallyspeaking.co.za/why-john-hlophe-will-not-be-appointed/#comment-19412</link>
		<dc:creator>Harold Ferwood</dc:creator>
		<pubDate>Wed, 23 Sep 2009 10:44:21 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1492#comment-19412</guid>
		<description>@ Maggs ...

Did you enjoy 3rd Degree? :-D

Deborah was in her element! Haven&#039;t seen her so cool and collected ... was a pleasure to watch!</description>
		<content:encoded><![CDATA[<p>@ Maggs &#8230;</p>
<p>Did you enjoy 3rd Degree? <img src='http://constitutionallyspeaking.co.za/wp-includes/images/smilies/icon_biggrin.gif' alt=':-D' class='wp-smiley' /> </p>
<p>Deborah was in her element! Haven&#8217;t seen her so cool and collected &#8230; was a pleasure to watch!</p>
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		<title>By: Anonymouse</title>
		<link>http://constitutionallyspeaking.co.za/why-john-hlophe-will-not-be-appointed/#comment-19406</link>
		<dc:creator>Anonymouse</dc:creator>
		<pubDate>Wed, 23 Sep 2009 10:11:04 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1492#comment-19406</guid>
		<description>Maggs Naidu says: 
September 23, 2009 at 10:30 am

I sincerely hope that you are right. In any event, the composition of the judiciary should just &#039;broadly&#039; reflect the racial and gender demographics, not &#039;totally&#039;. I think that all three ladies and Froneman will make it to the CC Bench. With Froneman out of the EC, there would be room for more affirmative action there, which is also needed. To appoint Jaftha would only mean to give Hlophe a foothold to influence the decisions of the CC (in the light of their friendly relationship and the impunity of the previous attempt to influence the CC), and I think Pres Zuma (at least his advisers) would be very careful before selecting him. Mogoeng had one or two tiffs with the SCA, the one on jurisdiction, the other on failing to recuse while his wife argued the matter on appeal for the state. He also has no experience in CC matters. I do not think he&#039;ll make it. Zondo, I also do not think would make the way to that Bench. So, the three ladies and Froneman.

I also hope that your prediction about Hlophe is correct. He is not supposed to adjudicate any matter at all in this country. But, I don&#039;t think he&#039;ll resign, giving up his tenure. Perhaps he should just be relieved from active duty (golden handshake - JP&#039;s pay for life!) to save his face and tenure. That way he can still drive a Porche (though probably no longer from Government supplies) and make, sell and drink his wine.</description>
		<content:encoded><![CDATA[<p>Maggs Naidu says:<br />
September 23, 2009 at 10:30 am</p>
<p>I sincerely hope that you are right. In any event, the composition of the judiciary should just &#8216;broadly&#8217; reflect the racial and gender demographics, not &#8216;totally&#8217;. I think that all three ladies and Froneman will make it to the CC Bench. With Froneman out of the EC, there would be room for more affirmative action there, which is also needed. To appoint Jaftha would only mean to give Hlophe a foothold to influence the decisions of the CC (in the light of their friendly relationship and the impunity of the previous attempt to influence the CC), and I think Pres Zuma (at least his advisers) would be very careful before selecting him. Mogoeng had one or two tiffs with the SCA, the one on jurisdiction, the other on failing to recuse while his wife argued the matter on appeal for the state. He also has no experience in CC matters. I do not think he&#8217;ll make it. Zondo, I also do not think would make the way to that Bench. So, the three ladies and Froneman.</p>
<p>I also hope that your prediction about Hlophe is correct. He is not supposed to adjudicate any matter at all in this country. But, I don&#8217;t think he&#8217;ll resign, giving up his tenure. Perhaps he should just be relieved from active duty (golden handshake &#8211; JP&#8217;s pay for life!) to save his face and tenure. That way he can still drive a Porche (though probably no longer from Government supplies) and make, sell and drink his wine.</p>
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	<item>
		<title>By: Not a bad list &#8211; all things considered &#8211; Constitutionally Speaking</title>
		<link>http://constitutionallyspeaking.co.za/why-john-hlophe-will-not-be-appointed/#comment-19405</link>
		<dc:creator>Not a bad list &#8211; all things considered &#8211; Constitutionally Speaking</dc:creator>
		<pubDate>Wed, 23 Sep 2009 10:04:08 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1492#comment-19405</guid>
		<description>[...] As I predicted on Monday, the JSC decided to steer clear of Hlophe. If it had put Hlophe on the list, the little credibility that the JSC might still have left would have been destroyed, so the JSC rather opted for a mixed bag of seven names. Although not always inspiring, the list of names seems mostly credible, perhaps because most of us think (like my father probably did before I showed him that picture) that it could have been much worse.  [...]</description>
		<content:encoded><![CDATA[<p>[...] As I predicted on Monday, the JSC decided to steer clear of Hlophe. If it had put Hlophe on the list, the little credibility that the JSC might still have left would have been destroyed, so the JSC rather opted for a mixed bag of seven names. Although not always inspiring, the list of names seems mostly credible, perhaps because most of us think (like my father probably did before I showed him that picture) that it could have been much worse.  [...]</p>
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		<title>By: Maggs Naidu</title>
		<link>http://constitutionallyspeaking.co.za/why-john-hlophe-will-not-be-appointed/#comment-19402</link>
		<dc:creator>Maggs Naidu</dc:creator>
		<pubDate>Wed, 23 Sep 2009 08:30:31 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1492#comment-19402</guid>
		<description>Michael says:
September 23, 2009 at 10:20 am

You&#039;re on.

I will even add an annex in your favour that the FUL application will not be heard, that Hlophe will retire before then.

p.s. I am not suggesting that we are free from reactionary racial nationalism, rather that our President is materially beyond that.</description>
		<content:encoded><![CDATA[<p>Michael says:<br />
September 23, 2009 at 10:20 am</p>
<p>You&#8217;re on.</p>
<p>I will even add an annex in your favour that the FUL application will not be heard, that Hlophe will retire before then.</p>
<p>p.s. I am not suggesting that we are free from reactionary racial nationalism, rather that our President is materially beyond that.</p>
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		<title>By: Michael</title>
		<link>http://constitutionallyspeaking.co.za/why-john-hlophe-will-not-be-appointed/#comment-19401</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Wed, 23 Sep 2009 08:20:44 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1492#comment-19401</guid>
		<description>Maggs, once again, I really do hope you are right.

Let us have a formal wager on Froneman&#039;s fate.

And I hereby promise to withdraw my reactionary racial nationalism thesis if Froneman is appointed.</description>
		<content:encoded><![CDATA[<p>Maggs, once again, I really do hope you are right.</p>
<p>Let us have a formal wager on Froneman&#8217;s fate.</p>
<p>And I hereby promise to withdraw my reactionary racial nationalism thesis if Froneman is appointed.</p>
]]></content:encoded>
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