The recommendation for criminal charges is particularly applicable to Mr Anoj Singh and Mr Koko, who by false pretences led Eskom, through the officials who processed the R659 million payment, to believe that the R659 million payment was in the nature of pre-payment for coal, as was the R1.68 billion pre-payment, later converted into a guarantee, when in truth and fact they knew that the prepayment and the guarantee were needed to enable the Guptas to complete and save the sale of share transaction.
n terms of the Rome Statute of the International Criminal Court it is a war crime to intentionally direct attacks against a civilian population (article 8(2)(b)(i)). Such an intention need not be premeditated: it suffices if the person engaging in such action meant to cause the consequence of his action or “is aware that it will occur in the ordinary course of events”(article 30). Goldstone’s op-ed may be interpreted to mean that he is now satisfied (although there is no evidence to support this) that Israel did not as a matter of policy deliberately and in a premeditated manner target civilians and that where the calculated killing of civilians occurred this was without the blessing of the Israeli military and political leadership. But he could not possibly have meant that Israel did not “intentionally target civilians as a matter of policy” in the legal sense of intention. That Israel’s assault was conducted in an indiscriminate manner with full knowledge that its consequences would be the killing and wounding of civilians is a matter of public record fully substantiated by the Goldstone Report and other equally credible reports. – Prof John Dugard – writing in Business Day – on former judge Richard Goldstone’s strange about-turn.BACK TO TOP