Quote of the week

Senekal last week had nothing to do with solutions. It was all about politicians’ testosterone. It was all about politicians’ egos. What useful idea came out of all that heat and noise generated by all those politicians in Senekal last week? There is nothing. Nothing that makes SA a better place. Nothing that leads us to a better understanding of race relations in SA after 1994. Nothing that is a solution to farm murders – many of whose victims are poorly paid, desperate black people – or a solution to the incredibly horrendous murder and crime problem in this country.

Justice Malala
Sunday Times Daily
31 March 2011

The JSC, in its answering affidavit sworn to by a member who is a senior advocate, refused to divulge the relevant facts by stating that it was the policy of the JSC ‘not to publish how members voted with regard to any particular decision’ and that ‘the JSC has never published the particulars of the vote with regard to the size of the majority and the way each member decided’. An evasive answer like this by senior counsel on behalf of a body like the JSC cannot be countenanced. It is the number of members who voted either way, not their identities, that is relevant. The JSC knew that this information was crucial for the determination of an issue legitimately raised and upon which the court would be required to adjudicate. Nor is this attitude of the JSC reconcilable with our constitutional democracy which values openness and transparency, and this is particularly so when regard is had to the constitutional functions and obligations of the JSC. – Supreme Court of Appeal in a judgment challenging the exclusion of the Western Cape Premier from a JSC hearing

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