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	<title>Comments on: Why Menzi Simelane is a liar</title>
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	<link>http://constitutionallyspeaking.co.za/why-menzi-simelane-is-a-liar/</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: mayimele</title>
		<link>http://constitutionallyspeaking.co.za/why-menzi-simelane-is-a-liar/#comment-22542</link>
		<dc:creator>mayimele</dc:creator>
		<pubDate>Fri, 27 Nov 2009 19:36:07 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1735#comment-22542</guid>
		<description>Mikhail Dworkin Fassbinder, other than his role in the dropping of Zuma charges, unbecoming conduct and lies in the Ginwala commission, I honestly have no reason to challenge Simelane&#039;s appointment. The reason I am against it now is that, among other things, he has successfully proved to be the man who is going to serve the interests of JZ first, ANC second and then the rest of us later. So the independence of the judiciary which is the only thing we can hold onto after we failed to sustain our miraculous political transition from apartheid to democracy will definitely be eroded. Other than these, his appointment was going to be more than the word welcome in as far as it relates to transformation in general and that if the judiciary in particular.</description>
		<content:encoded><![CDATA[<p>Mikhail Dworkin Fassbinder, other than his role in the dropping of Zuma charges, unbecoming conduct and lies in the Ginwala commission, I honestly have no reason to challenge Simelane&#8217;s appointment. The reason I am against it now is that, among other things, he has successfully proved to be the man who is going to serve the interests of JZ first, ANC second and then the rest of us later. So the independence of the judiciary which is the only thing we can hold onto after we failed to sustain our miraculous political transition from apartheid to democracy will definitely be eroded. Other than these, his appointment was going to be more than the word welcome in as far as it relates to transformation in general and that if the judiciary in particular.</p>
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		<title>By: Maggs Naidu</title>
		<link>http://constitutionallyspeaking.co.za/why-menzi-simelane-is-a-liar/#comment-22538</link>
		<dc:creator>Maggs Naidu</dc:creator>
		<pubDate>Fri, 27 Nov 2009 11:52:53 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1735#comment-22538</guid>
		<description>Peter says:
November 26, 2009 at 19:53 pm

The notion of King Zuma goes against the grain of a constitutional democracy!</description>
		<content:encoded><![CDATA[<p>Peter says:<br />
November 26, 2009 at 19:53 pm</p>
<p>The notion of King Zuma goes against the grain of a constitutional democracy!</p>
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		<title>By: Tatera</title>
		<link>http://constitutionallyspeaking.co.za/why-menzi-simelane-is-a-liar/#comment-22537</link>
		<dc:creator>Tatera</dc:creator>
		<pubDate>Fri, 27 Nov 2009 11:49:19 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1735#comment-22537</guid>
		<description>Peter says: 
November 26, 2009 at 19:53 pm
“….. .  Tatera – what do you mean by “a Simelane look alike”? Also, I am not too sure that I want our legal system to be a free market system ie access to the fine lawyers and stalingrad defences for the rich and powerful only…”

You get what you pay for (except of course if you in government then the tax payer pays).   If you pay peanuts you get monkeys.</description>
		<content:encoded><![CDATA[<p>Peter says:<br />
November 26, 2009 at 19:53 pm<br />
“….. .  Tatera – what do you mean by “a Simelane look alike”? Also, I am not too sure that I want our legal system to be a free market system ie access to the fine lawyers and stalingrad defences for the rich and powerful only…”</p>
<p>You get what you pay for (except of course if you in government then the tax payer pays).   If you pay peanuts you get monkeys.</p>
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		<title>By: Chris</title>
		<link>http://constitutionallyspeaking.co.za/why-menzi-simelane-is-a-liar/#comment-22524</link>
		<dc:creator>Chris</dc:creator>
		<pubDate>Fri, 27 Nov 2009 09:20:59 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1735#comment-22524</guid>
		<description>I agree that the lack of formal education does not make you stupid. My grandfather never went to school, but he read more books during his lifetime than any other person I know. He never saw what the ocean looks like, but he could discuss almost any topic with any person. My father started his adult life as a farm labourer, but went as far as matric with his own education, and saw to it that all his children got a university education. I don&#039;t see myself as more intelligent or even more educated than my father of grandfather.

The opposite is also true: I know many men and and women who hold LLB degrees, and I think of them as stupid. A formal education also does not make a person honest, and it does not give you integrity.

Prime Minister John Vorster had a LLB degree. If Vusi Simelani is a fit and proper person to be appointed as NDPP, surely Vorster, if he was still alive, would also have been a suitable, fit and proper candidate for the post.</description>
		<content:encoded><![CDATA[<p>I agree that the lack of formal education does not make you stupid. My grandfather never went to school, but he read more books during his lifetime than any other person I know. He never saw what the ocean looks like, but he could discuss almost any topic with any person. My father started his adult life as a farm labourer, but went as far as matric with his own education, and saw to it that all his children got a university education. I don&#8217;t see myself as more intelligent or even more educated than my father of grandfather.</p>
<p>The opposite is also true: I know many men and and women who hold LLB degrees, and I think of them as stupid. A formal education also does not make a person honest, and it does not give you integrity.</p>
<p>Prime Minister John Vorster had a LLB degree. If Vusi Simelani is a fit and proper person to be appointed as NDPP, surely Vorster, if he was still alive, would also have been a suitable, fit and proper candidate for the post.</p>
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		<title>By: Mikhail Dworkin Fassbinder</title>
		<link>http://constitutionallyspeaking.co.za/why-menzi-simelane-is-a-liar/#comment-22522</link>
		<dc:creator>Mikhail Dworkin Fassbinder</dc:creator>
		<pubDate>Fri, 27 Nov 2009 09:10:51 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1735#comment-22522</guid>
		<description>@ Mayimele

I certainly respect and welcome your dissenting view.

Let me add something else though: If there is one golden rule in transformative discourse, it is that we always take the diametrically opposite position to whatever the DA&#039;s stance is on a particular matter.

I view this as one more reason to welcome the appointment of Cmd Simelane.</description>
		<content:encoded><![CDATA[<p>@ Mayimele</p>
<p>I certainly respect and welcome your dissenting view.</p>
<p>Let me add something else though: If there is one golden rule in transformative discourse, it is that we always take the diametrically opposite position to whatever the DA&#8217;s stance is on a particular matter.</p>
<p>I view this as one more reason to welcome the appointment of Cmd Simelane.</p>
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		<title>By: Musa</title>
		<link>http://constitutionallyspeaking.co.za/why-menzi-simelane-is-a-liar/#comment-22521</link>
		<dc:creator>Musa</dc:creator>
		<pubDate>Fri, 27 Nov 2009 08:55:02 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1735#comment-22521</guid>
		<description>Leigh, i differ when you argue that Adv Simelane was obliged merely, because he&#039;s an admitted advocate. This was a commission and he was appearing as a witness in his capacity as the director general. Had he been in a court of law as witness, i would grant such responsibility.</description>
		<content:encoded><![CDATA[<p>Leigh, i differ when you argue that Adv Simelane was obliged merely, because he&#8217;s an admitted advocate. This was a commission and he was appearing as a witness in his capacity as the director general. Had he been in a court of law as witness, i would grant such responsibility.</p>
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		<title>By: mayimele</title>
		<link>http://constitutionallyspeaking.co.za/why-menzi-simelane-is-a-liar/#comment-22520</link>
		<dc:creator>mayimele</dc:creator>
		<pubDate>Fri, 27 Nov 2009 08:44:35 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1735#comment-22520</guid>
		<description>Musa, with due respect, if you are honest to yourself and to issues under discussion you will realize that by responding to your post I gave your post an undeserved credit. My reason for saying this is that, with the degrees you say you have, you do seem to thinking before you write your posts. You also seem to have problem with truth, reality and facts. You also seem to have problem in understanding what you are talking about and why you do so.  To be precise, you invent words such as educated and stupid where they were not alluded to, place them on my door and the start throwing bricks at me for having created them. 

Despite that, let me try to correct you and Mikhail Dworkin Fassbinder here. Guys you are not focusing on the question or issues raised in this discussion. 

I have never in my post mentioned or demanded that Zuma should have formal education. This is a manufactured statement from both of you guys and is based on Musa’s misunderstanding of my initial post where I said if Abacha, Amin and Seseseko et al were alive, JZ could have used his state power to ensure they play leadership role in structures like the SADC and AU. From this statement, Musa cooked the allegation that I am comparing Zuma with “someone who’s stupid and uneducated”. (i) there is no comparison in my post, (ii) if Musa and you Mikhail know and understand what you are talking about here you would have understood that the focus of my post in as far as it relates to Zuma and the leaders I have mentioned above is on them having committed illegal, immoral and criminal activities as opposed to them being educated or not; which make my post relevant to the Simelane discussion we are currently dealing with; (iii) still on this concerted aspect of formal education, Musa shows some worrying signs of misunderstanding what he is talking about and being a liar – by his statement on formal education above, he, in my understanding claiming that Zuma is actually educated while the other leaders I have mentioned are not educated.  In an attempt to enlighten him, I cite just one leader, Idid Amin and do the actual comparison based on the education aspect he is so passionate about and which he claimed I did initially based my alleged comparison on and I do not find the difference he claims there is. And this is the garbage that Mikhail Dworkin Fassbinder you are surprisingly buying at a highest bidder and accusing me of what I have never said.   

If you have been a regular to this blog, you would know that I am on record of having stated in one of the topics relating to Zuma discussed that the kind of education we require from Zuma is to knows how to differentiate the right from the wrong and to be able to act as a leader when someone under his watch does something that is wrong, and not formal education. And the same goes not only for Malema but anyone who can demonstrate the above in his holding of public office.

I welcome you Musa and Mikhail not to respect my garbage posts with your responses but I will continue responding to yours because I consider them useful in many ways, and I will also try not to fail to correct you based on facts and figures when I think you are going astray.</description>
		<content:encoded><![CDATA[<p>Musa, with due respect, if you are honest to yourself and to issues under discussion you will realize that by responding to your post I gave your post an undeserved credit. My reason for saying this is that, with the degrees you say you have, you do seem to thinking before you write your posts. You also seem to have problem with truth, reality and facts. You also seem to have problem in understanding what you are talking about and why you do so.  To be precise, you invent words such as educated and stupid where they were not alluded to, place them on my door and the start throwing bricks at me for having created them. </p>
<p>Despite that, let me try to correct you and Mikhail Dworkin Fassbinder here. Guys you are not focusing on the question or issues raised in this discussion. </p>
<p>I have never in my post mentioned or demanded that Zuma should have formal education. This is a manufactured statement from both of you guys and is based on Musa’s misunderstanding of my initial post where I said if Abacha, Amin and Seseseko et al were alive, JZ could have used his state power to ensure they play leadership role in structures like the SADC and AU. From this statement, Musa cooked the allegation that I am comparing Zuma with “someone who’s stupid and uneducated”. (i) there is no comparison in my post, (ii) if Musa and you Mikhail know and understand what you are talking about here you would have understood that the focus of my post in as far as it relates to Zuma and the leaders I have mentioned above is on them having committed illegal, immoral and criminal activities as opposed to them being educated or not; which make my post relevant to the Simelane discussion we are currently dealing with; (iii) still on this concerted aspect of formal education, Musa shows some worrying signs of misunderstanding what he is talking about and being a liar – by his statement on formal education above, he, in my understanding claiming that Zuma is actually educated while the other leaders I have mentioned are not educated.  In an attempt to enlighten him, I cite just one leader, Idid Amin and do the actual comparison based on the education aspect he is so passionate about and which he claimed I did initially based my alleged comparison on and I do not find the difference he claims there is. And this is the garbage that Mikhail Dworkin Fassbinder you are surprisingly buying at a highest bidder and accusing me of what I have never said.   </p>
<p>If you have been a regular to this blog, you would know that I am on record of having stated in one of the topics relating to Zuma discussed that the kind of education we require from Zuma is to knows how to differentiate the right from the wrong and to be able to act as a leader when someone under his watch does something that is wrong, and not formal education. And the same goes not only for Malema but anyone who can demonstrate the above in his holding of public office.</p>
<p>I welcome you Musa and Mikhail not to respect my garbage posts with your responses but I will continue responding to yours because I consider them useful in many ways, and I will also try not to fail to correct you based on facts and figures when I think you are going astray.</p>
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		<title>By: spoiler</title>
		<link>http://constitutionallyspeaking.co.za/why-menzi-simelane-is-a-liar/#comment-22519</link>
		<dc:creator>spoiler</dc:creator>
		<pubDate>Fri, 27 Nov 2009 08:38:28 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1735#comment-22519</guid>
		<description>Well summed up Leigh. The more things change, the more they stay the same. It will be interesting to see how this debacle pans out in the next few weeks/months.</description>
		<content:encoded><![CDATA[<p>Well summed up Leigh. The more things change, the more they stay the same. It will be interesting to see how this debacle pans out in the next few weeks/months.</p>
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		<title>By: Leigh</title>
		<link>http://constitutionallyspeaking.co.za/why-menzi-simelane-is-a-liar/#comment-22515</link>
		<dc:creator>Leigh</dc:creator>
		<pubDate>Fri, 27 Nov 2009 08:10:44 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1735#comment-22515</guid>
		<description>Musa, you are right insofar as litigators (court lawyers) do try to outfox each other. If by citing Gerrie and Jaap you mean to demonstrate that opposing lawyers do not do each other favours when it comes to the merits of cases, then yes, I agree that this is often the case.

But Simelane was, in this instance, a witness and as such, he should have been forthcoming when Trengove SC put questions to him. One could even argue that Simelane was doubly obliged to be forthcoming given that he is an admitted advocate. Advocates are officers of the court. That status affords them certain capabilities. But very importantly, to gain that status, people must meet certain criteria and must bear certain responsibilities. I expect that apart from the Jeff Radebe&#039;s of this world (that is, people who come up with very curious legal opinions) you would have to look far and very wide indeed to meet a lawyer who will not agree that an advocate that lied under cross would not be fit and proper to be a member of the Bar.</description>
		<content:encoded><![CDATA[<p>Musa, you are right insofar as litigators (court lawyers) do try to outfox each other. If by citing Gerrie and Jaap you mean to demonstrate that opposing lawyers do not do each other favours when it comes to the merits of cases, then yes, I agree that this is often the case.</p>
<p>But Simelane was, in this instance, a witness and as such, he should have been forthcoming when Trengove SC put questions to him. One could even argue that Simelane was doubly obliged to be forthcoming given that he is an admitted advocate. Advocates are officers of the court. That status affords them certain capabilities. But very importantly, to gain that status, people must meet certain criteria and must bear certain responsibilities. I expect that apart from the Jeff Radebe&#8217;s of this world (that is, people who come up with very curious legal opinions) you would have to look far and very wide indeed to meet a lawyer who will not agree that an advocate that lied under cross would not be fit and proper to be a member of the Bar.</p>
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		<title>By: Chris McDaniel</title>
		<link>http://constitutionallyspeaking.co.za/why-menzi-simelane-is-a-liar/#comment-22514</link>
		<dc:creator>Chris McDaniel</dc:creator>
		<pubDate>Fri, 27 Nov 2009 08:10:15 +0000</pubDate>
		<guid isPermaLink="false">http://constitutionallyspeaking.co.za/?p=1735#comment-22514</guid>
		<description>Gwebecimele says: 
November 27, 2009 at 10:05 am

I must admit i am in awe of Zuma he plays a very well calculated  game but he has the money for it</description>
		<content:encoded><![CDATA[<p>Gwebecimele says:<br />
November 27, 2009 at 10:05 am</p>
<p>I must admit i am in awe of Zuma he plays a very well calculated  game but he has the money for it</p>
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