Lushaba 2: That record needle skipping faux pas remains

READING some of the latest ‘academic’ defenses of Lushaba in the ‘petit press’, one could be forgiven for thinking that he had delivered an important speech at UCT pronouncing on the supremacy of politics over law, utilising dialectical materialism to thoroughly debunk so-called legal institutional analysis, in the process setting the Holocaust in its rightful place, a mere peccadillo involving white people.

Both Chris Roper and Steven Robins are at pains to point out the context of a general critique of various approaches to the teaching of political science. While Roper’s is anything but a systematic contextualisation (in effect denying that the comments were even made), Robins errs on the side of rewriting the lecture altogether, as if the specific context of revolt against democratic and constitutional norms is all good and fine if one also raises substantive issues of colonial violence.

A case of competing frames of reference?

Robins erroneously writes: “As Roper indicates, the wider context of the lecture, and the logic of Dr Lushaba’s overall argument, do not in any way support Holocaust denial, and he certainly does not seek to argue that Hitler and the Nazis committed no crime in their acts of genocidal violence.”

“Instead, the lecture is a critical reflection of the racial blind spots of his discipline of political science, and why it was only after the Holocaust that genocide came to be recognised by scholars and human rights lawyers as a crime against humanity.”

If this were the case, then why did Lushaba not come right out with it, and say so, why beat around the bush? Why slip into an obnoxious, bigoted statement denying Hitler’s culpability for crimes against genocide, or should that be humanity? To use an ignoramus like Roper as an authority, would be to ignore his earlier statements made concerning Negritude and Césaire, a man whose work he rejected in a public address made in 1996, in the process claiming that the term itself was ‘racist’.

As I wrote previously, the result is not simply a moral vacuum in which the only historical crimes of any import are those against black persons, (and vice versa) but worse, a descent into reductionism, racial categorization and the logic of the late BJ Vorster, whose grey shirts were allied to the Nazi Party.

That Lushaba’s approach to political science provides short thrift to his subject matter, may be seen by the equally false claim that there are only three approaches worth considering. Check this page.

Equally problematic is his approach to proven facts like the 13th Amendment to the US constitution. Sorry Sir, while the amendment may have had the effect of extending the category of human being, it tragically did not state so in its wording. The same error appears in Roper’s fatuous piece devoid of truth yet upbraiding the media for breaking the story.

This shoddy approach to evidence-based research in favour of polemic and opinion-making readily leads one to racist bile.

While I agree with Robins: “the lecture raises substantive issues about the relationship between the Holocaust and black histories of colonial violence that are certainly worthy of academic and public debate”, I categorically disagree with its intention and true purpose.

The trouble with his long-winded mitigation argument, sans facts, is the obvious attempt to drown out objections. Thus it is not what Lushaba actually says, and what is recorded, but rather an intellectual interpretation of events, one which seeks to spin an obvious faux pas, which passes for a response. In exhalting Hitler’s purported innocence, and ignoring that the intended audience are not pHd candidates per se, but rather first year students, both gaslight instead of enlightening the public. His students deserve a lot better than lies.

“One possible charitable interpretation of Dr Lushaba’s comment is that he understands the word “crime” quite literally to mean a legally proscribed, punishable offence and that he was claiming that under Nazi law it was not a crime to kill Jews” writes David Benatar.

To add fuel to fire, Lushaba proceeds to claim our objections are in the minority, blames the media, and stands by his words. One would at very least expect an apology, but that would mean climbing down from his seemingly ‘unassailable’ academic pedestal, a pedestal from which he has seen fit to launch racist invective.

There are undoubtedly many valid criticisms of racism and colonialism, however, a critique of racism which concludes that in order to combat racism, one has to suppress women, or homosexuals for instance, would not be a valid critique. 

Similarly, a criticism of traditional approaches to political science, a critique which starts by inferring all law is subordinate to politics, but then falsely concludes the findings of war crimes made under Nuremberg were wrong, is not an educated segue into modernist and post-modernist discourse, but rather, a moribund approach to dialectical materialism, one which invariably leads into antinomian and relativistic terrain.

It is the exact same terrain in which our own TRC findings have been subordinated and reduced to irrelevance by political cadres and apparatchiks of Lushaba’s ilk, emanating from our nation’s academic institutions.

Time to call a spade a spade.

SEE: Commandante Lushaba and the Führer

SEE: Remarks over Hitler by UCT lecturer Lwazi Lushaba are offensive

Sekunjalo has another Jack Ma moment

THIS WEEK saw ABSA bank withdraw its support for Sekunjalo and Iqbal Survé, citing reputational damage without providing any details. Apparently the bank doesn’t have to supply evidence in court and may boot its clients willy-nilly — on the mere off chance that they represent a risk to shareholder’s profits.

If the attempts by some media critics to paint this as another example of the end of the Gupta years, stemming from the shenanigans at Ayo, seem a little odd given Sekunjalo’s balance sheet, then perhaps it has something to do with the proverbial Iqbal Survé Jack Ma moment. If you remember, Ma fell out of grace with the Chinese Communist Party in November last year, resulting in the cancellation of the Ant Group IPO.

Similarly, Survé’s Sagarmartha IPO failed after the PIC pulled the carpet citing lack of due diligence. If you managed to catch the tail-end of the saga, and last month’s presentation given to a special parliamentary portfolio committee, then you will realise that Survé didn’t take things laying down.

He appears to have spun-off the troublesome Independent Group’s assets into a special interest vehicle, the Independent Consortium, whilst saving both Premier Fishing and Loot.com, two highly cash-generative operations, that form part of his vast empire.

It doesn’t take much digging to find the cause of Absa’s butt-headed reaction, since Survé has been waging a tit-for-tat battle with other media groups, in particular Naspers, itself a mere pawn in a broader financial empire, whose ultimate source of control is the web of intrigue surrounding the Rupert family and Rupert Beleggings.

Since the Rupert’s were instrumental in the creation of Amalgamated Banks of South Africa (Absa), after their well-documented bail-out of the apartheid state and its banking sector during the 80s, which also saw the dynasty benefit from various so-called ‘life-boats’ floated by Chris Stals et al, and are consequently the main sponsors behind the ANC, their erstwhile banking partners might not be all that happy to have Sekunjalo as a client.

Look no further than the history of Volkskas on sahistory.org.za

The move comes as President Ramaphosa was lambasted by the NEC’s Dlamini-Zuma for his apparent proximity to Johann Rupert. Hypocrisy considering the party’s longstanding relationship with its former National Party allies.

In 2018 columnist Azad Essa claimed that the Independent Group cancelled his column immediately after he published a column distributed to a number of Independent Media newspapers critical of China’s mass internment of ethnic Uighurs.

The prospect of Sekunjalo being refused a business license under the current political dispensation in which the ruling party operates as if South Africa is, for all intents and purposes, a one party state, will no doubt come to haunt Survé.

Reports have emerged that Survé initially chose the China National Bank as an alternative to Absa, only to find that keeping ones money in an authoritarian regime, is well, not exactly Swiss banking.

End Vaccine Apartheid Before Millions More Die

By Anis Chowdhury and Jomo Kwame Sundaram

SYDNEY and KUALA LUMPUR, Mar 23 2021 (IPS) – At least 85 poor countries will not have significant access to coronavirus vaccines before 2023. Unfortunately, a year’s delay will cause an estimated 2.5 million avoidable deaths in low and lower-middle income countries. As the World Health Organization (WHO) Director-General has put it, the world is at the brink of a catastrophic moral failure.

Vaccine apartheid
The EU, US, UK, Switzerland, Canada and their allies continue to block the developing country proposal to temporarily suspend the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement to enable greatly increased, affordable supplies of COVID-19 vaccines, drugs, tests and equipment.

Meanwhile, 6.4 billion of the 12.5 billion vaccine doses the main producers plan to produce in 2021 have already been pre-ordered, mostly by these countries, with 13% of the global population.

Thirty two European and other rich countries also have options to order more, while Australia and Canada have already secured supplies enough for five times their populations. Poor countries, often charged higher prices, simply cannot compete.

Big Pharma has also refused to join the voluntary knowledge sharing and patent pooling COVID-19 Technology Access Pool (C-TAP) initiative under WHO auspices. Thomas Cueni, International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) Director General, snubbed the launch, claiming he was “too busy”.

Pfizer’s CEO dismissed C-TAP as “nonsense” and “dangerous”, while the AstraZeneca CEO insisted, “IP is a fundamental part of our industry”. Such attitudes help explain some problems of alternative vaccine distribution arrangements such as COVAX. According to its own board, there is a high chance that COVAX could fail.

Suppressing vaccine access
Despite knowing that many developing countries have much idle capacityCueni falsely claims the waiver “would do nothing to expand access to vaccines or to boost global manufacturing capacity”, and would jeopardise innovation and vaccine research.

Big Pharma claims manufacturing vaccines via compulsory licensing or a TRIPS waiver “would undermine innovation and raise the risk of unsafe viruses”. US Big Pharma representatives wrote to President Biden earlier this month claiming likewise.

Both Salk and Sabin made their polio vaccine discoveries patent-free, while many contemporary vaccine researchers are against Big Pharma’s greedy conduct only rewarding IP holders regardless of the varied, but crucial contributions of others.

Big Pharma’s price gouging
Vaccine companies require contract prices be kept secret. In return for discounts, the EU agreed to keep prices confidential. Nonetheless, some negotiated prices were inadvertently revealed, with a UNICEF chart listing prices from various sources.

Reputedly the cheapest vaccine available, Oxford-Astra Zeneca’s is sold to EU members for around US$2 each. Although trials were done in South Africa, it still pays more than twice as much, while Uganda, even poorer, pays over four times as much!

US negotiated bulk prices, for Moderna and Pfizer-BioNTech vaccines, are much higher, at US$15.25–19.50 per dose in several contracts, yielding 60–80% profit margins! Moderna will charge the rest of the world US$25–37 per dose.

Hypocrisy
Quite understandably, most developed countries opposing temporary TRIPS suspension have provisions in their own IP laws to suspend patent protection in the national interest and for public health emergencies.

Canada, Germany, France and others have recently strengthened their patent laws to issue compulsory licences for COVID-19 vaccines and drugs. European Council President Charles Michel announced that the EU could adopt “urgent measures” by invoking emergency provisions in its treaties.

Similarly, in the US, 28 US Code sec. 1498 (a) allows the government to make or use any invention without the patentee’s permission. To handle emergencies, the 1977 UK Patents Act (section 55) allows the government to sell a patented product, including specific drugs, medicines or medical devices, without the patentee’s consent.

When avian flu threatened early this century, the US was the only country in the world to issue compulsory licences to US manufacturers to produce Tamiflu to protect its entire population of over 300 million. The drugs were not used as the virus was not brought over either Pacific or Atlantic Oceans.

Biden must act
By helping developing countries expand vaccine manufacturing capacity and access existing capacity, US President Biden can earn much world appreciation overnight. US law and precedence enables such a unilateral initiative.

The Bayh-Dole Act allows the US government to require the owner or exclusive licensee of a patent, created with federal funding, to grant a third party a licence to an invention. Moderna received about US$2.5 billion from Operation Warp Speed, which dispensed over US$10 billion.

Moderna was founded in 2010 by university researchers with support from a venture capitalist. It has focused on mRNA technology, building on earlier work by University of Pennsylvania scientists with National Institutes for Health (NIH) funding.

The vaccine developer also used technology for previous coronavirus vaccines developed by the NIH. The NIH also provided extensive logistical support, overseeing clinical trials for tens of thousands. Moderna has already announced it will not enforce its patents during the pandemic.

Thus, POTUS has the needed leverage. The Bayh-Dole Act applies to Moderna’s vaccine, enabling the Biden administration to act independently and decisively against vaccine apartheid.

Sharing knowledge crucial
Developing countries not only need to have the right to produce vaccines, but also the requisite technical knowledge and information. Hence, the Biden administration should also support C-TAP, as recommended by Dr Anthony Fauci.

When the Medicines Patent Pool (MPP) was in similar trouble, the Obama administration came forward to put US-owned patents into the pool while encouraging drug companies to help improve developing countries’ access to medicines.

President Biden knows that early US support was critical for the MPP’s eventual success. It dramatically increased production and lowered prices of medicines for HIV, tuberculosis, hepatitis C and other infectious diseases in developing countries.

Who needs vaccine consent when you Pierre De Vos ‘constitutional law expert?’

THE APARTHEID STATE was responsible for some of the worst excesses and infringements of our health rights. Not only did it deprive black persons equal access to medical care but it experimented on its citizens at will, leading to the inclusion of article 12 rights in our Constitution, rights strictly forbidding such practices.

The strictures contained under “Freedom and security of the person” relate to bodily and psychological integrity — the use of torture and forced medical experimentation, and are most certainly not subject to retroactive legislation. They are also protected as non-derogable rights even under a state of emergency or national disaster.

This didn’t stop an incompetent and ignorant ‘legal expert’ by the name of Pierre de Vos from weighing in on the side of the removal or dilution of article 12 rights, based upon various criminal court precedents impacting upon the rights of persons who have already been found guilty of a crime.

De Vos maintains that for the good of the world, mandatory vaccination with or without patient consent is required to stem the impact of the virus and especially its mutations and thus the right to freedom and security of the person, especially bodily and psychological integrity, require some limitation.

The anal probe ‘expert’ claims, without providing any substantive evidence: “The decision by an individual not to be vaccinated against Covid-19 may pose a deadly threat to the lives and well-being of others. If a significant number of individuals refuse to be vaccinated, the virus will continue to spread among the unvaccinated, which may allow the virus to mutate into new strains against which the existing vaccines may no longer be effective. If this happens, the lives of many more people in South Africans and across the world may be lost. Whether to be vaccinated could therefore be a life-or-death decision – not only for yourself, but also for others.

De Vos is a regular contributer on national television and the Daily Maverick. It therefore may come as a surprise to his followers, that his scholastic resort to S v Manamela and Minister of Safety and Security and Another v Gaqa warrants an immediate objection on the basis that as free citizens, we are certainly neither prisoners of Pretoria, nor are we guests of the State President to use a legal euphemism often deployed against those incarcerated under an insanity defence.

It is perhaps why the President in his recent address was quick to reassure citizens that our vaccination programme would be voluntary.

Spare a thought for victims of previous state programmes. In a project headed by “Dr Shock” Aubrey Levin during the 1970s to 1980s, the South African Defence Force forced lesbian and gay military personnel to undergo aversion therapy and/or “sex-change” operations, part of a state sponsored program to purge homosexuality in the army.

The infringements by apartheid doctors include ‘psychological coercion, chemical castration, electric shock, and other unethical medical experiments.’

An estimated 900 forced sexual reassignment operations according to Richard Poplak, may have been performed between 1971 and 1989 at military hospitals. Most of the victims were males, young 16 to 24-year-old white men who were drafted into the army during the South African Border War. Women were also subject to the experimentation.

While the labour camps and hostels surrounding South Africa’s mines, gave the world data on the exact temperatures at which workers die from heat and humidity exposure resulting in a measurement widely used in climate science today, black women found themselves subjected to forced sterilisation, and Depo Provera injection programmes, both seeking to limit the growth of the black population.

The measures and shoddy reasoning provided by De Vos, would require a dramatic shift in the democratic character of our country towards a totalitarian state, in which personal and individual freedoms are trumped by the requirements of large scale vaccination.

Such a programme would invariably open the door to annual Covid shots, and similar interventions, as updates are pushed from Big Pharma, who nevertheless secure an endless stream of funding from government at the same time that they are indemnified from any responsibility.

It remains to be seen whether or not South Africa will be able to chart its own path whilst resisting the global trend under the World Health Organisation to roll-out of such draconian measures.

12Freedom and Security of the personWith respect to subsections (1)(d) and (e) and (2)(c).
Extent to which article 12 rights are protected under a state of emergency

SEE: Japan asks China to stop anal tests on its citizens

If Biko and Plaatjie were alive today, debating non-racialism (response to Majavu)

THERE is a special place in hell reserved for those who wish to forge and revise history. A bizarre fabrication of the facts surrounding the origin of non-racialism was published in the Sunday Independent, written no less by a ‘senior lecturer in the Department of Political and International Studies at Rhodes University’.

Dr Mandisi Majavu’s fraudulent propaganda piece apparently for a stream of political thought adjacent to or associated with the ‘black consciousness’ movement, argues that the black intelligentsia ‘have consistently misread, misunderstood, and mistook white racism for something it was not – a white benefactor.”

He then descends into an unsupported and counterfeit conspiracy claim that ‘non-racialism was introduced by whites in the ANC in the 1950s leading to a further blunting of ‘the organisation’s race analysis toolbox’.

In this asinine and acerbic view, persons such as JT Jabavu, publisher of the first black newspaper Imvo ZabaNtsundu, and even critic Sol Plaatjie, were simply ‘racial accommodationists’. In the process both Jabavu and Plaatjie are stripped of human agency, mere foils for the colonial authorities.

Majavu postulates “Jabavu’s political project was aligned to the agenda of his political “masters” – the South African Party” before upbraiding his chief critic, Sol Plaatjie, written off as unashamedly contaminated by the “white liberal spell of Cape liberalism”, which Plaatjie himself described as representing “British ideas of fair play and justice”.

“Not only was Plaatjie short-sighted” alleges Majavu “when it came to the history of white racism in South Africa, he failed to appreciate what was coming next.”

Well, hang me high for suggesting that hindsight is 20/20 vision and this type of phoney syncretism begs the question — what would Plaatjie or Biko say for that matter, if they were alive today?

“Plaatjie is not the only 20th century black leader ill-equipped to understand the full meaning of the white supremacist project being advocated for by whites in early 20th century” declares Majavu who then goes on to propose:

“John Dube, first president of the ANC, subscribed to Booker T Washington’s racial accommodationist and black self-help politics.” In the process unfairly writing off both Pixley Seme and Alfred B Xuma, ‘part of the black intelligentsia who though fighting valiantly against the Native Land Act nevertheless elicited a ‘disappointing response to race segregation’.

This sets the stage for the unfounded assertion that whites were solely ‘responsible for the introduction of nonracialism’ and that persons of colour, all subjugated servants to a tee, timidly took up the baton, bearing the cudgels of universalism and monogenesis (the theory of human origins which posits a common descent for all human races). This under the egregious whip of the Church, influenced or brainwashed by missionaries and that it was the ANC which invariably became non-racialism’s foremost champion and proponent from the very start.

Majavu’s piece painfully ignores the historical tragedy of the singular fact of the struggle that it was Robert Sobukwe, founder of the Pan Africanist Congress (PAC) who first articulated race agnosticism in any coherent fashion.

Although universal ideas such as equality and respect for human rights, alongside the paleoanthropological evidence of our common origin, may have been advocated in private by ‘white persons’ such as communist party leader Joe Slovo, the ANC of the 1950s was very much defined by the Freedom Charter, itself a document bound up with the multiracial language of the period.

Sobukwe famously stated in his United African States inaugural 1959 address, “The Africanists take the view that there is only one race to which we all belong, and that is the human race. “

“To us the term “multi-racialism” implies that there are such basic insuperable differences between the various national groups here that the best course is to keep them permanently distinctive in a kind of democratic apartheid. That to us is racialism multiplied, which probably is what the term truly connotes.”

History demonstrates it was thus the ANC an avowedly ‘multiracial’ party which went on to adopt non-racialism at the behest of the Unity Movement and other critics of colour.

In particular my mentor and comrade, the late Dr Neville Alexander used to relate the story of how he and Mandela were prone to engage in dialogue on the issue of the race question, whilst breaking lime stone in the quarry and incarcerated on Robben Island .

Speaking on the position of the ‘Unity Movement,’ Alexander’s view was that there was a ‘common stream of humanity, not separate and distinct streams as the racists would have it’.

The journey of both the ANC and the Rainbow Nation is thus an epic one from the multiracialism of the 1950s to the non-racialism of the new South African Constitution, a document whose preamble enshrines an elegant and powerful idea alongside recognition of the injustices of the past.

Would Steve Biko be a non-racialist if he were alive today? I think he would most definitely support non-racialism in its far-reaching appeal to end race discrimination, at the same time that he pointed out that ‘blackness is not the result of skin pigmentation but rather a reflection of a mental attitude’.

If Jabavu, Dube, and Pixley Seme were alive, perhaps they would be upbraiding the ANC for neglect of its allies in the freedom struggle, its avoidance of the universal imperatives of the Preamble to our nation’s Constitution and its abject failure to chart a coherent vision, free from corruption.

Given the adverse conditions under which those opposed to the apartheid state found ourselves, I find Majavu’s fraudulent attempt to malign non-racialism as an ‘all-white affair’ morally reprehensible and beneath contempt, since the facts certainly do not support the above conjecture.

[David Robert Lewis is an anti-apartheid activist and graduate of the Centre for African Studies, University of Cape Town]

[Published in a radacted form by Sunday Independent, 14/2/21]

Zondogate, Arthur Fraser, Adriaan Basson, Media Spy Saga

IT’S A SCANDAL that has been brewing for quite some time, revelations that the Zuma Administration engaged in dirty tricks operations targeting South Africa’s newsrooms, activists, NGOs and anyone opposing his faction within the ruling party.

Millennials will probably not be aware of the Information Scandal which rocked the country during the dying stages of the Vorster government, in which the apartheid state similarly went so far as to purchase news titles outright in an effort to beat sanctions and the anti-apartheid movement.

That Zuma set up a parallel espionage operation, infiltrated newsrooms and appears to have invested millions in getting the Independent Group to write glowing advertorials needs to be seen within the context of the broader efforts by the ANC to replicate the state capture of the former National Party.

It was Naspers and Perskor which first set the stage for capture of the media. The perverse manner in which Naspers was essentially the ‘tap root of the National party” is covered in Chapter 4 of the TRC Final Report and also Hennie van Vuuren’s book “Apartheid Guns and Money” as too the evidence given by one Paul Erasmus.

It was therefore more than a little galling to witness an ongoing public spat between the current head of SANEF and former editor-in-chief of News24, Adriaan Basson and INM’s Iqbal Surve. Most certainly a case of the pot calling the kettle black?

Surve writes: “In an opinion piece titled “Hlaudi, Iqbal and Johnny: Inside the horror show of SA’s media rogues” and published on his News24 website, Basson uses the report of a probe into media ethics commissioned by Sanef to justify this unwarranted attack on myself and Independent Media.”

The man implicated by superspy Arthur Fraser in a ‘money for headlines’ scandal goes on to say: “The role played by Basson’s own bosses in state capture is also well documented. Why doesn’t Basson probe and question their lack of accountability at the Zondo Commission probe into state capture, or for that matter the role they played during apartheid?”

It is a developing story, and most certainly there will be questions raised as to why the Zondo Commission is focusing exclusively on state capture under Zuma involving INM whilst ignoring state capture under PW Botha et al?

Readers will no doubt recall that the dirty tricks campaign against the TRC waged by Basson and Co. is ongoing and current, and that both the state and the Naspers company actively oppose my right to legal assistance as contemplated by the Constitution in a matter effecting the life of the TRC and its Final Report.

Yes, Mr Masondo, we are human after all.

Dear David Masondo,

Your recent article in the Daily Maverick refers.

YOUR heartening statements about African identity, an inclusive identity which defines all South Africans, remains an “aspirational definition” out of reach of many.

As you correctly state “who is an African cannot be reduced to race or ethnicity because it would be tantamount to the colonial racist classification that we seek to correct.”

To which you verily conclude: “The inclusive and non-racial definition of who is an African should be used to reimagine a non-racial South Africa … without ignoring the past. Economic growth and transformation are essential in building a truly non-racial South Africa in which both black and white Africans will be Africans, in real terms.”

This may serve as a welcome start to the painful process of healing which must coexist within a broadening focus on economic and cultural inclusion.

Yet it remains to be seen if anything will ever come of such lofty statements, since clearly this debate has arisen, not from within the politics of the 1994 election roundabout, but rather the context of a painful two-decade failure by your party to deliver on the non-racial context of our Constitution.

That we have a recidivist system, which treats the constitution as a ‘carrot-on-a -stick’, an optional extra, whilst maintaining apartheid race privileges is clear. This at the same time as it denies persons such as myself who fall between the gaps, human agency, deploying definitions of personhood that are anything but humanist and non-racial — in effect a denial that I am a person for the purposes of law in particular the Employment Equity Act.

To summarise your corrupt party associate, AJ Halton Cheat in his disgusting decision of 2010: not only have I made absurd statements regarding my purported race (a denial that I am white), but I am thus ‘an absurdity’ who has apparently passed himself off as a human being in order to gain employment, and therefore also according to the court, a non-Jew (or Jew in breach of his religion) who has attempted to cast himself as Jewish in order to seek an award for unfairness in terms of statutes making discrimination on the basis, whether via policy or practice, unlawful.

The jingoistic and irregularly-gained Labour Court decision (framed by the perjury suborned by the fraudulent counter-case against me) is anything but South African, and subject to ridicule, since it takes up a moral position consistent with a minority version of a major religion.

An anti-Enlightenment canon which proceeds to trivialise the TRC, insinuating that race segregation is somehow divinely sanctioned by the Catholic Church — in effect promoting anti-secularist 1994 denial — and worse, a categorical denial that there ever was a policy of separate development impacting upon the demographics of the Cape.

As South Africa continues to struggle with itself, examining and even criticising your motion, to move away from the politics of exclusion, in particular the petty apartheid race classification which characterised the past regime, one must restate the case.

It is rather under your government, and attorneys acting on behalf of the state, that both the TRC ‘transitional justice system’ and our nonracial constitutional framework, has been broken and broken, in some instances, even shot down by racists sitting on the bench.

I refer you to the recent decision handed down by AJ Bernard Martin of the Western Cape Division of the High Court in March of 2019, denying legal aid to similarly-situated persons such as myself in a matter affecting the status of both the TRC and its final report.

Blatantly trivialising and bashing the TRC report, and in the process squashing a case brought before the Equality Court in 2015, seeking to uphold the findings of the commission at the same time as we all struggle with extra-curial evidence of wrong-doing. Evidence following the astonishing campaign against the commission by one of the perpetrators of the apartheid system.

Furthermore, I point you to what appears to be more than opposition by state attorneys acting on behalf of former Justice Minister Michael Masutho, (who have, through their failure to defend, similarly bashed the findings of the commission), and likewise statements by Legal Aid South Africa’s John van Onselen, who in effect are assisting the perpetrators in their campaign, instead of helping the victims. A stark failure if any, to uphold the status of the report before the courts, and in conjunction with an ugly multiracial and multiregionalist version of reality consistent with the regime of PW Botha.

That we have to read your words under the rubric: “Are Indian, coloured and white people really African in post-apartheid South Africa?” is surely evidence that your own government has had cause on occasion to not regard us all as Africans and equals, but rather, to use the tired narrative of former racialists such as one Dr Piet Koornhof, that there exists, ‘a separate, and distinct species which spontaneously arose in Europe, not Africa.’

That the question of whether or not I am an African, is still the subject of legal debate and policy wrangling, speaks to the many failures of your government in addressing this question. Your article is thus a welcome addition to my case file in support of the motion to abolish and rescind the racist decision handed down by AJ Cheadle and Co.

Dropping the race fraud charges isn’t good enough

YESTERDAY South Africans awoke to discover the press were having a field day with Glen Snyman, a teacher at Grootkraal Primary School in the Karoo region. Snyman apparently was charged with fraud after he allegedly identified himself as “African” on his CV for a position at another school in 2017, but had indicated “coloured” on other documents.

If destroying the man’s career in order to promote a new form of petty apartheid in the form of the Employment Equity Act wasn’t enough, the insinuation that Snyman, the founder of People Against Race Classification (PARC), was not merely breaking the law, but was now passing himself off as someone else, in effect, pretending to be black, was truly galling.

In dropping the charges without issuing a retraction of its race-inquiry, the Education Dept, appear to be saying: ‘We’ll overlook what Snyman did, but don’t do it again”. Instead of introducing a points-based system in order to tackle the problem of historical disadvantage within a neutral and objective framework, the law has unfortunately, tended to encourage and even retrace failed policies related to pseudo-scientific racism.

In 2008 Kobus Faasen sued Media24’s Die Burger for collectively describing persons of colour as ‘Bushmen’, only to discover that the law also regarded him as a Bushman, and he had been passing himself off as a “Coloured” for years.

In 2010, my own identity became the subject of a racist religious inquisition at the behest of a corporation instrumental in the creation of the apartheid state, a corporation which thought nothing of deploying one of its own representatives, Halton Cheadle, to act on the bench.

In March this year, global media carried the story of one Jessica Krug a “white professor of African-American Studies, who in her medium confessional claimed: “To an escalating degree over my adult life, I have eschewed my lived experience as a white Jewish child in suburban Kansas City under various assumed identities within a Blackness that I had no right to claim …”

She appears to conclude “I have built my life on a violent anti-Black lie, and I have lied in every breath I have taken”.

Unfortunately the same may be said of any person who has ever been inspired by the works of Martin Luther King, Nelson Mandela and Steven Biko.

The two incidents, that of Snyman and Krug, are reminiscent of the 2015 Rachel Dolezol affair affecting the anachronistic National Association for the Advancement of Coloured People (NAACP) whose aims include ensuring ‘a society in which all individuals have equal rights without discrimination based on race”.

As Jelani Cobb put it, if Dolezol was lying, ‘she was lying about a lie, the lie of race’, or in words of author Ta-Nehisi Coates, ‘race is the child of racism, not the father’. Read: We are All Rachel Dolezol Now. And my unpublished letter: The context of race in today’s society is anything but normal.

Both Krug and the Dept of Education, erroneously assumes there to be distinct race categories separating black and white, and thus if one follows the resulting analysis, readers can be forgiven for assuming blackness to be the result of the ‘colour of ones skin’, or a ‘preponderance of African ancestry,’ both claims resoundingly disproven and shot down by science.

It was the late black consciousness leader Steve Biko who challenged the apartheid state by seeking to move blackness away from the realm of pseudo-scientific inquiry and into the realm of political and existential thought, in the process eschewing legalistic definitions deployed by the apartheid state, and related to ethnicity, hair and skin colour.

Recently Dr Lee Berger, well-known paleoanthropologist and discoverer of Homo Naledi, reiterated the evidence that there is ‘no separation between the species’, we are all one species, Homo Sapiens, with a common heritage in Africa.

That there is such a thing as a truly authentic identity, a coherent mental attitude constituting a standard of normality, is unbecoming of our Dept of Education, which should at least be familiar with the tragic attempt by the Nationalist government of South Africa to police race segregation.

In short, all human identity is fictional at best, since the moment one examines a human being in situ, the physical facts of our inter-relatedness emerge, as too our common African ancestry.

SEE: David Masondo’s Are Indian, coloured and white people really African in post-apartheid South Africa?

The real race fraudsters are those in political power …

SOUTH AFRICA has a constitution whose preamble asserts that we are a non-racial country. Unfortunately our government believes otherwise. The ANC conveniently terms itself a non-racial party, but then myopically discriminates against persons on the basis that Africans can only be from one exclusive group, the so-called ‘Bantu-people’.

In the racialised prism of our education department, an indigenous Khoi or San, is not considered a Human Being. The Glen Snyman story is no different from the Kobus Faasen story, read here.

Snyman, a teacher at Grootkraal Primary School in Oudtshoorn, the founder of ‘People Against Race Classification’ self-identifies as African, the result has been a reactionary backlash from a clearly racist education department.

Given the corruption endemic to our nation, the racist and petty apartheid views of the Department are likely to be upheld by an equally racist judiciary, one infiltrated by organised crime, according to police chief Bheki Cele.

Even though my family have lived in this country for generations, we are considered Non-African as in Non-European, a term taken from an apartheid text book, read Lord Musi, quit calling yourself a judge. The request to a citizen for ‘evidence of African-ness’ is beneath contempt. What next a determination that Snyman is not South African and ergo he should forfeit citizenship?

It was Adolf Hitler who introduced the distinction between Aryan and non-Aryan, and likewise Hendrik Verwoerd who pursued a world view separating people into European and Non-European categories

There is no piece of legislation to my knowledge categorising persons according to the defunct ideology of race — the apartheid Population Registration Act for instance was abolished in 1991 –yet petty apartheid remains. According to Denise Coetsee, an HR professional quoted in the Citizen “there are currently no fixed set of rules for race classification”, which is “largely based on the verbal confirmation of the person claiming to form part of a specific racial group”.

In 2010, a corrupt ANC official by the name of Halton Cheadle, presided over a legal matter involving his own client and business partner. A matter in which I was not represented and restrained from calling witnesses. You can read the proceedings of the case here.

The resulting crack-pot decision under the racist Western Cape division, proceeds to upbraid my identity for asserting that ‘I am a person of Colour’ a Bantu, and denying apartheid race classification. Coloured is not an identity per se, it is the term that was given me when I was banned and sectioned under the Group Areas Act.

Read my story “Living in the Heart of Kakness” or watch a video preview.

A 1999 Constitutional Court decision (President of the Republic of South Africa and Others v South African Rugby Football Union (Sarfu) and Others) regarding a recusal matter brought by one Louis Luyt, seemingly paved the way for judges to remain ANC party members whilst holding office. Notably the test for ‘reasonable apprehension of bias’ was moved away from that of the ordinary citizen or ‘reasonable person’ to that of the purview of what juristocrats or legal professionals might consider reasonable.

Therefore, when addressing these allegations, we must not only address the ‘multiracial’ fraud being perpetrated by the ANC and its officials in the Dept of Education, but also the abject failure of our courts and judiciary to uphold the very basis for the Republic’s legal dispensation, namely the Preamble to the Constitution.