DEFEND STATUS OF TRUTH & RECONCILIATION COMMISSION BEFORE THE COURTS
DEFEND THE PREAMBLE TO THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA
I have less than one month in which to file an SCA appeal in terms of s17 (2) (b) against AJ Martin’s racist decision (CA18417/17) to not provide relief with regard to representation in a matter affecting the TRC and its Final Report.
The High Court decision literally agreeing with Legal Aid SA in first instance, that it ‘would take a long time to read the report’ and therefore it can be ignored, and also, in second instance, upholding validity of LASA chief officer‘s view that the matter has somehow ‘prescribed’ since the commission ‘wound up its work some time ago‘, is demonstrably racist.
Attacking the legal basis of the TRC, an inquiry into gross violations of human rights under apartheid, still a crime against humanity, for which there is no statute of limitations, trivialises the report, lowers its status before the courts and denigrates the memory of the victims and survivors. It is certainly contrary to our Constitution and its preamble which states, ‘recognising the injustices of the past …’ not to mention several statutes each one promulgated in order to prevent ‘repetitions of the past’.
The decision impacts and affects my case before the Equality Court of South Africa (EC19/2015) brought to defend the report against the vicious and racist attacks by Naspers/Media24 and thus failure to defend the law by the former Min of Justice, Michael Masutha. My not possessing an attorney at state expense as contemplated in the constitution, is a substantial injustice when it comes to the odious task of defending the TRC.
AJ Martin’s sloppy and incompetent decision is nothing less than racist double standards, since I have already been taken to task on a previous occasion during the proceedings of Lewis v Media24 (2010) for my not having ‘read the report’, in particular chapter 4, and thus according to Adv Kahanovitz SC, ‘knew who I was getting involved with when I joined Media24’, a racist organisation at the time, opposed to the TRC.
Kahanovitz SC further claimed that the report was a ‘public record’ to which I could not claim ignorance, at the same time that he claimed the commission was ‘simply a commission’, and the report, ‘simply a report’. AJ Cheadle, who admitted to presiding over a case involving his own client (and thus a judgement written up by the opposing party), then proceeds to state in his 2010 decision at para 98: ‘His evidence is unreliable because he is engaged in a campaign against the Respondent for its support of apartheid and its refusal to apologise for doing so before the Truth and Reconciliation Commission.’
Now Martin declaims loudly from the bench that it is okay to simply ignore the report, echoing Kahanovitz SC earlier direction that the report should be ignored when doing so favours his client, but be upheld when it affects my own legal standing.
Not only did AJ Martin refuse to recuse himself from the High Court, Western Cape on Monday 20 May 2019, after this contradiction was pointed out to him, but he has had the audacity to claim his decisions and findings in the matter are somehow obiter (merely in passing), and also “Judges can make mistakes that is what superior courts are for, correcting error.” There also appears to be some confusion here as to whether or not the court has the requisite power to review decisions taken by a ‘national public entity’ and thus other schedule 3 entities such as boxing clubs. Martin then proceeded to deny me leave on the basis.
The determination amounts to an exclusion of the Preamble to the Constitution of the Republic of South Africa, not to mention the Bill of Rights. The separation of powers is between the judiciary, the executive and the legislature, not the public sphere versus the judiciary and represents a new low so far as the justice system is concerned.
The calumny against the TRC Act is not surprising since the the High Court of the Western Cape still houses portraits of apartheid and colonial era judges. Albert van der Sandt Centlivres for instance, was the Chief Justice of South Africa from 1950 to 1957, and the result is an embarrassing racist rogues line-up, book-ended by a beaming portrait of current Judge President of the Western Cape, John Hlophe. Portraits of Centlivres et al deserve to be in a museum not the chambers of active judicial officers.
I urgently require assistance in filing my documents on appeal in Bloemfontein, failing which an appeal directly to the ConCourt. If I cannot retain an attorney to accomplish this, I will be required to travel to Bloemfontein and/Jozi. I am also required to furnish the SCA/ConCourt judges and parties with the transcripts and records of the proceedings, all of which costs money. Some four hours of transcription is required.
Please assist me in defending the TRC and its Final Report in the matter Lewis v Legal Aid SA CA18417/17. This matter affects similarly-situated individuals and is a major test of the foundation stones of our democracy.
NO TO HIGH COURT APARTHEID
NO TO RACIST DOUBLE-STANDARDS