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
11 December 2017

High Court on conflict of interest

We cannot agree with either the President’s submissions or those of Adv Abrahams. In a rights-based order it is fundamental that a conflicted person cannot act; to act despite a conflict is self-evidently to pervert the rights being exercised as well as the rights of those affected. And section 96(2)(b) [of the South African Constitution] makes that clear beyond the pale. If conflicted, the individual simply cannot act, is “unable” to act, whether section 90 was there or not.

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