Breda, yet another case where jury option would avoid doubt?

THERE have been several high profile murder trials in recent South African history. Each demonstrate the urgent need to review and reform our country’s justice system, in particular the system of lay assessors. Jury trial was abolished by the apartheid government in 1969, and the last jury case was a homicide heard in the district of Kimberley. Currently the law allows for lay assessors to assist judges in arriving at decisions, but the system is rarely utilized.

First there was the Dewani case, the so-called ‘Honeymoon Murder’, in which Shrien Dewani was cleared of his wife’s murder after judge Traverso condemned the prosecutions case. The trial was peculiar from the start and the alleged motivation by the state seemed hard to believe. Why would a Gay or Bisexual man, murder his wife?

This was followed by the well publicized and network-televised Pistorious Case, in which Olympic para-athlete Oscar Pistorious was found guilty of Reeva Steenkamp’s murder and then tried twice in regard to the legal verdict and sentencing.

The case revolved around motivation or intent, in the form of dolus eventualis. Thus legal intention, “which is present when the perpetrator objectively foresees the possibility of his act causing death and persists regardless of the consequences, suffices to find someone guilty of murder.”

Thus it was remarkable when Judge Siraj Desai read out another verdict in the Breda case, finding merely on the ‘balance of probabilities’ that Henri van Breda was guilty of the murder of his family. Notable is that no motivation was provided. The verdict appears to have revolved around inferences drawn from Breda’s own testimony, alleged “textbook self-inflicted wounds” and what could or could not be construed as “reasonably probably true” on his version.

In the estimation of media pundits, Desai was merely ‘figuring out the puzzle’, and the lack of any sign of forced entry in a security complex, posed the question why it was that Breda was left alive as the only witness, if what he said was even true. On his version, the incident was simply a home invasion and the deaths the result of unknown assailants.

The psychological profiling in the case revolved, not on Breda’s state of shock in the aftermath of the death of his family, but rather his failure to immediately call security and thus his ‘apparently odd behavior’, both inside and outside the courtroom. The characterization of his personality was very weak, and no motive or intent was found.

Breda thus stood, pale and without any emotion, but heavily under the influence of psychiatric drugs, apparently showing no remorse, as he received the verdict of murder based upon purely circumstantial evidence in which the state had not proven its case ‘beyond a reasonable doubt’.

While it may provide cold comfort to some to know that Desai was able to play the role of the almighty, and believed himself capable to deliver a verdict on the alleged facts, at the same time as determining the very essence of the law, the problematic lowering of the legal test in capital crimes, makes one wonder where this is all going, and whether or not our justice system is truly able to deliver justice?

Jury trial eliminates the troubling role that a judge currently plays in our system in determining both issues of law and issues of fact. Creating an option of jury trial in capital crimes and defamation cases would provide those accused of such crimes, with an opportunity to put the case regarding the facts, not to a judge but rather to their peers.

It is clear that Breda was found guilty by a different standard to that applied in the Pistorious and Dewani case.

A jury option would not only provide a safety margin for error, avoiding the problem of double-standards, while balancing the over-reach of judicial authority, by including citizens in the justice system, it would also force the public to become more literate on legal matters, if merely to avoid the inconsistent application of law when determining issues of fact.

  • Nelson Mandela called for a jury trial during the Treason Trial
  • The apartheid government abolished the system to avoid the embarrassment of an all-white jury in cases where black persons were tried.
  • The main reason for not providing a jury option is supposedly South Africa’s complex race relations
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Everything you know about the Palestinian Struggle is wrong

Significant departures from the political “truth” associated with the Jerusalem conflict

1. East Jerusalem is the Capital of Palestine 
Under International Law, and the Corpus Separatum, the City of Jerusalem was to be an independent enclave. It was Jordan which occupied East Jerusalem 1946-1967, and subsequently Israel occupied Jerusalem 1967-current.

2. There is a map showing how Israel has displaced Palestinians
The map ignores the 1920 San Remo Conference which partitioned a former empire, and the later division of British Mandate Palestine and French Mandate Syria, which created TransJordan aka Hashemite Palestine and Syria (arguably, Syrian Palestine) in 1946-1948. It must be remembered that the Ottomans, supported Hitler and the Kaiser, and thus Germany in both world wars. The map cynically ignores the 1949 Armistice line and the displacement of Arab Jews from Arab countries and their loss of land, some 100 000 square km of deeded property confiscated by Arab states. The map thus ignores the reality that part of British Mandate occupied by Jordan and Egypt was ethnically cleansed with no Jewish population left. Jewish inhabitants of communities like Gush EtzionHebron and Jewish Quarter of Jerusalem were absorbed by the new State of Israel. The map also fails in its lack of comparison to Greece and Turkey and India/Pakistan, two examples where populations have been separated according to religion and ethnicity and involving population swaps. Sudan was recently partitioned between the north Arab half and the south African half. Ireland remains separated between the Protestant north and Catholic south.

3. Palestinians and Jews, each form a distinct race and the conflict is thus like apartheid. 
Nations are not races. While ethnicity plays a part, there is no science to back up either claim. The infamous 1975 UN resolution 3379 ‘equating zionism with racism‘ was overturned by an overwhelming majority of nations in 1991. The same assertion was voted out of the final text of the controversial 2001 Durban Conference on Racism  and the text reaffirmed at Durban II. A highly flawed 2017 UN Economic and Social Commission for Western Asia (ESCWA) report examining the policies of Israel within the context of a UN definition of apartheid, admits the error of race, proceeds to supply ​”reasons for the error of comparison” ​and states, there is ‘no single, authoritative, global definition of any race’ at the same time that it attributes race characteristics to Jews for the purposes of analysis. The same category error appears in an equally flawed 2009 local HSRC report  written around the time of Durban II. While the policies of Israel are reprehensible and morally indefensible, their root cause is not race, (a loaded term) but rather the confluence of ​religion and nationality and in particular, religious schism which results in nationality on the basis of religion​, a fact common to many Middle Eastern countries.

4. Arab Israelis do not possess the vote.
They are allowed to vote in the Knesset, however Arabs living in the area controlled by the Palestinian Authority do not. This is a major and significant human rights issue. No physical wall was ever built by the apartheid state.  Bantustan leaders were puppets of Pretoria at best. None of the bantustans ever waged war against the central government. If the PA is not an apartheid bantustan except in metaphor, what is it? Like South Africa’s North West province, it must be seen as a de facto internal province caught up in armed insurrection against the central government, the Israeli state. A position of statelessness, pacification and occupation. The same goes for Gaza, arguably, a subsidiary or satellite of both Egypt, Israel and Iran. How can this be solved? A plurinational, overlapping state solution, and involving neighbours Egypt and Jordan, would do a lot to resolve friction while ensuring independence and the maintenance of human rights. Reasonable accommodation of differences in faith and religious outlook is a prerequisite. Keep an open mind.

5. The conflict has nothing to do with religion.
The conflict surrounding the final status of Jerusalem has been ongoing for centuries, involves different versions of monotheism dating back to the crusades, and predates the creation of the modern state of Israel. The worst part of it. We must not allow it to become a binary conflict and permanent war around race, ethnicity and religion.

6. The majority Arab Palestinians were displaced in 1948 by a white minority, and the result is the Nakba or catastrophe.
Focusing on the 700 000 displaced persons, removed from the Jewish side of Palestine under UN mandate, adding them to some 250 000 Arabs who had chosen to move to the Arab Palestine half, and forgetting that some 850,000 Arab Jews were displaced and dispossessed from Arab countries such as Iraq and Yemen at the same time, results in Nakba inflation. An inflation which also ignores the return of hundreds of thousands of black Ethiopian Jews. Forcible transfer of populations was a factor of the Ottoman and Persian Empires. See Farhud Day, a commemoration of the dispossession of Baghdad Jews.

7. Israel is the result of the Balfour Declaration, a colonial enterprise at best. 
The country unilaterally declared its independence during the war of 1948, and the situation under Benjamin Netanyahu is similar to UDI in Rhodesia. Aside from the internal friction between black Mizrahi and white Ashkenazi and Separdhi Jews, this is the one similarity with the white regime of Ian Smith, that one must accept. The Belfour view also ignores the earlier Sykes–Picot Agreement and the later Weizmann Faisal Agreement, and is used to argue the disaster of colonialism, while ignoring the tragedy of the collapse of the Ottoman Empire.

8. Hamas and Fatah are the equivalent of the ANC and PAC during the struggle.
While all three parties are for the most part, nationalistic, the ANC is the only secular party which has until now, consistently supported civil rights for all persons in the region. The other parties raising the Pan Arab flag waved around at Pro-Palestine rallies, are mostly theocratic, and only nationalistic insomuch as Arab autonomy in the region is concerned. Fatah is nominally secular insofar as divergence within Islam is concerned and thus tolerates other groups, (see Dhimmitude). Embarrassingly, Hamas was forced in 2017 to amend its charter advocating death for all Jews, to death for only Zionist Jews, to bring its objectives more in line with the Fatah Movement which supports the borders of 1967. More importantly, the ANC had an end-game strategy involving compromises, no such strategy is evident amongst the Palestinians. It was the National Party which opposed LGBTIQ++ rights, and supported the death penalty, not the ANC. No Gay Pride for Gaza, ditto Palestinian feminist group Aswat, based only in Haifa. There is thus a qualitative difference between these two struggles, one backed by the Freedom Charter, the other by religious texts and history books associated with previous Empires. The result is Injustice v Injustice.

9. Israel supported the apartheid regime until the bitter end.
While Israel was slow to act on sanctions against South Africa, and collaborated with the regime on nuclear weapons, it severed such ties in 1987. “There is no room for discrimination, whether it’s called apartheid or any other name”, then foreign minister Shimon Peres said in the New York Times. “We repeat that we express our denunciation of the system of apartheid. The Jewish outlook is that every man was born in the image of God and created equal.” This view ignores the role played by Western countries such as Thatcher’s Britain in supporting apartheid, or the fact that Zionists stood trial in South Africa for opposing apartheid, it also avoids the actual commonality, pariah status, in many ways similar to the position of Taiwan today.

10. We must choose sides, since standing on the fence is tantamount to support for apartheid
During the anti-apartheid struggle where the issues were black and white, standing on the fence was inappropriate. The opposite is true in the Middle East. Declining to support religious conflict, withdrawing from waging war in the name of religion, supporting freedom for all people, defending secularism and seeking to uphold civil rights in our own country, alongside the victories of the non-aligned movement when it comes to the current East-West brinkmanship and Super-power hegemony, is the only peaceful path forward. Nelson Mandela was perhaps the best spokesperson for this position.

We are all hostages to this ongoing conflict. The time to stand up for secular rights and freedoms, non-alignment and world peace, is now.

Earthlife Africa, a long history of coalition-making

download (2)EARTHLIFE Africa (ELA), the environmental organisation started by ‘four bearded white men’ during the 1980s, in the aftermath of the banning of the End Conscription Campaign, transformed itself into a national movement headed by women, in the process winning awards.

One black woman in particular, ELA national director Makoma Lekalakala has been named co-winner of the prestigious Goldman Award alongside Liz McDaid of SAFCEI, a Southern African multi-faith institute addressing environmental injustice.

The pair received global accolades for building a powerful coalition to stop the South African government’s massive secret nuclear deal with Russia. This is the first time that a director of Earthlife Africa has received the award.

ELA, alongside SAFCEI, has a long and illustrious history of grassroots activism and coalition-building on environmental justice issues.

From the early days of the environmental alliance with workers affected by mercury poisoning (Thor Chemicals) and asbestos, (both well-known international cases), to several coalitions which evolved around various nuclear deals — the now mothballed R10bn PBMR programme and subsequent programmes —  Earthlife Africa has always sought to mobilise issues affecting the earth, human health and human habitat.

The connection between ‘earth rights and human rights’ was a crucial dimension of the broad campaign to include ‘ecological sustainable development’ in South Africa’s constitution. A key element of our democracy.

Defending article 24 via a broad-based environmental justice movement has been a key to the success of the organisation and its latest coalition with SAFCEI.

It would therefore be in remiss if we failed to recognise earlier precursors, the Nuclear Energy Cost the Earth Campaign (NECTEC), which teamed up with the community of Kommegas and Richtersveld, as well as workers in Atlantis opposed to Koeberg and Nuclear One. ELA Cape Town under Maya Aberman made extensive submissions to Parliament.

While the later emergence of the anti-nuclear umbrella organisation known as CANE, which aside from the communities of Eastern Cape (Thyspunt) and Overberg (Bantamsklip), in many respects, dissipated anti-nuclear activism on the ground, failing to draw experience from previous epochs of anti-nuclear activism.

NECTEC as a non-racial campaign can be seen as a precursor to later coalitions which evolved around national health insurance. In this instance, ELA teamed up with People’s Health Movement, and Section 27 to promote universal health coverage.

The latest round of coalition-making under the auspices of Makoma and McDaid, has certainly brought home success and international attention.

We wish ELA and SAFCEI well in the future.

Terry Bell, Stratcom, Apartheid Double-Agents, Spies

READERS may remember the controversy surrounding the banning and destruction of material published by Medialternatives. In particular the circumstances surrounding the elimination of my book review of A Secret Burden by none other than M&G editor Ferial Haffajee.

The book itself was a collection of prose and poetry “written anonymously by young, white South African conscripts deployed during the so-called ‘Border War”, and my review brought attention to the problem of embedded journalists, the manner in which the SADF had literally paid for material published by the former Argus Group and Naspers, in the process lavishing pro-War attention via Scope, Sarie and Huisgenoot.

It is telling that in the aftermath of the Winnie Stratcom revelations, that one Terry Bell, lately of Media24, another outlet responsible for the destruction of material, including photographic images, is defending the track record of journos implicated in dirty tricks, at the former Argus Group, whilst referring to a list of as yet unpublished names. According to Bell, the problem remains, that State operative, turned TRC witness, John Horak is also dead. We beg to differ, since the TRC report exists, alongside credible records still in the possession of the commission, entered into evidence but only referred to in passing by the final report.

Readers should therefore be reminded that the following testimony does appear in the TRC report into the media under apartheid. One can only hope the Minister of Justice will take the opportunity, presented by the passing of Winnie Madikizela-Mandela to release evidence which are now classified documents. Information referred and alluded to in testimony to the general public, if only to set this matter straight. The group photo opportunities taken during the Border War, for which many journalists accepted junkets, will certainly make for interesting documentary and archival history on the subject, whilst providing all-important context:

“Williamson gave information about another STRATCOM-type operation which involved taking senior members of the media to Special Forces bases on the South African border for a bosberaad with the highest ranking officers of the military and intelligence agencies. The state’s relations with the media were, he said, seen as a “macro continuum” from the owners of the media, to the editors who controlled the newspaper, right down to the dustbin cleaners who cleaned the dustbins at night and stuffed material in an envelope to be collected by agents.” TRC Report Vol 4, Ch6, para 68, pg180

“Williamson also provided a photograph, taken on the Angolan border in July 1987, which contained virtually the entire general staff of the defence force, various government ministers and staff and Williamson himself, together with a number of highly placed journalists. The focus on that occasion was how South Africa and the newspapers would respond to what the Soviets were doing in Angola.” TRC Report Vol 4, Ch6, para 69, pg180

“State operative John Horak explained that there were four basic categories of media spies: agents, informers, sources, and ‘sleepers’. Craig Williamson confirmed this. An agent was a professional police officer with a job to do. Informers gave information either voluntarily or were recruited. He identified two categories of informers: those who were ideologically totally opposed to what the organisation was doing and those who did it for the money. There were also those who did it to get at colleagues for reasons such as competing for promotion. ‘Sleepers’ were long-term plants, people who knew things but would only provide information if their consciences were bothering them.” TRC Report Vol 4, Ch6, para 93, pg184

NOTE: In 2016 Naspers directors promised to investigate the whereabouts of several articles and images relating to South African jazz music history produced under my own byline but in their possession. At this time, the company has not responded. The items have in all likelihood been destroyed.

Huffpost, Citizen, Weekly Mail, Stratcom, Winnie

REVELATIONS that South Africa’s media were the targets of a dirty tricks operation at the behest of the apartheid government, named Operation Romulus, and that the victim was the late Winnie Mandela, were bound to cause a sensation. More so in the aftermath of her death. Embedded journalism is highly problematic. The least of which is the impact, it has had on several titles that may be implicated.

The untested claims attributed to Stratcom agent, Vic McPherson are all contained in the documentary on Winnie by Pascal Le Marche. The Citizen however, was forced to remove an article entitled “Stratcom Reporters at the Weekly Mail”, issuing an apology to then editor, Anton Harber, as did the Huffington Post.

Readers may remember the circumstances in which the apartheid government bought and paid for the Citizen in what became known as the Information Scandal, and the manner in which both South Press and Medialternatives itself were banned, the latter by none other than Mail & Guardian editor Ferial Haffajee, after yours truly exposed the problem of apartheid embedded journalism at the Independent Group (formerly Argus Group).

“We failed to seek out comment from Harber, Gqubule and Mathiane before publishing untested allegations. We are deeply sorry and apologise without reservation” wrote Huffpost editor-in-chief Pieter du Toit. A title, which is also the subject of some controversy surrounding its inclusion in the Naspers stable. An apartheid corporation, responsible for Stratcom and whose newsrooms until recently carried portraits of editors such as D F Malan and HF Verwoerd.

Thus it came as no surprise that Weekly Mail, along with its former racist bedmates, was now being implicated. After a sterling run as the bastion of progressive politics, the successor to the Weekly Mail, threw its lot in with 24.com, while the online version of the newspaper under Chris Roper, became the proving ground for former apartheid spies and journos.

Winnie Mandela repeats many of the claims in a recent interview conducted before her death. The result ended up in a takedown of posts at two media houses, both themselves implicated in the apartheid regime. The original Citizen article is only available as a cached page on google.

Screenshot from 2018-04-17 12-21-00

If it is simple facts look again

It may seem a little too convenient then, that Politicsweb, responsible for banning Medialternatives on Black Wednesday, rose to the defense of Harber, apparently quoting a 1995 Weekly Mail expose of Stratcom and thus the words of one Paul Erasmus

Screenshot from 2018-04-17 10-45-02.png

The article pictured to the left, by embedded investigative journalist Stefaans Brummer, fails to examine the implications of a stratcom operation aimed at the Weekly Mail newsroom, and its NIA successors under the new regime.

Was Harber in fact also the target as many newsrooms were during the struggle? The full extent of Operation Romulus is only now becoming public record.

A fuller investigation into the many skeletons housed and embedded within South Africa’s press and their shortcomings during apartheid, is most certainly warranted. Declassifying documents may be the first step according to Open Secrets’ Hennie van Vuuren.

Watch eNCA below reflect on the media during this period.

Liberalism’s ideologues & their coalfaced discontents

IT WAS the writer F. Scott Fitzgerald who said: “No grand idea was ever born in a conference, but a lot of foolish ideas have died there.” While the German philosopher Friedrich Nietzsche remarked: “We often refuse to accept an idea merely because the tone of voice in which it has been expressed is unsympathetic to us” and still Thomas Mann opined: “If you are possessed by an idea, you find it expressed everywhere, you even smell it.”

The reason I take the opportunity to provide readers with some philosophizing on the ‘history of ideas’, rather than the ‘idea of history’, is that there has been a lot of solipsising lately on the issue of liberalism and its purported antithesis, socialism, in the runup to and aftermath of the DA federal conference, billed as the ‘greatest opposition event ever’.

For those who might not already know, a solipsism (or circular logic) according to the urban dictionary is also “the belief that the person holding the belief is the only real thing in the universe. All other persons and things are merely ornaments or impediments to his or her happiness.”

Just how this applies to South African politics will become clearer. To begin, there has thus been a plethora of verbiage surrounding a relatively new idea in popular discourse, that of ‘black liberalism” with equal bouts of critique from humdingers, curmudgeons and opinion-makers on the left, schooled in dialectical materialism and political economy.

Thus Eusebius McKaiser’s A black liberal is not an oxymoron was followed by Mazibuko K Jara Black liberalism is an apology for capitalism  and Richard Pithouse The liberal licence to kill and more recently, Mmusi Maimane’s Building an African liberal agenda.

Jara opines that McKaiser’s “reclaiming of liberalism is ultimately flawed because it does not question capitalism’s core logic — the rights, freedoms and power of capitalists to maximise profits on the basis of appropriating the commons through the private ownership of the means of production, distribution and exchange, and the exploitation of labour and natural resources.”

Pithouse on the other hand raised an awkward caveat whilst attacking liberalism at its historical core, by listing its alleged policy sins. Despite its many problems, and yes, there are some positives, there is at the face of it, a common dilemma of seeing everything one disagrees with as mere “ornaments or impediments to happiness.” In South Africa,” writes Pithouse ” a high price has been paid for the ease and frequency with which attempts to assert principle in struggle — including commitments to feminism, democracy and, on occasion, even basic honesty — have been denigrated and dismissed as “liberal”.”

All this was water off a duck’s back so far as Maimane was concerned. A rallying speech by the leader of the old “Liberal Party” was big on building liberal sound-bites but short on substance: “As African liberals, ” he said “we have chosen a hard road. We have chosen to stand up to dictators and bullies of all stripes, even when it is politically incorrect to do so. We have chosen to defend the free expression of ideas, even for people with whom we disagree and whose views make us angry.”

One invariably gets the same point though.

Hence one of the reasons for writing this piece, partly out of respect for Pithouse, who defends civil liberties in the same way that Maimane does, but does so without suggesting any alternatives to the two dominant poles in South African politics, nor bothering himself with a critique of the abysmal track-record of the dominant political movement, is to provide readers with some all important context. That’s the ruling party whose ideological framework is abundantly socialist versus the avowed liberalism of the major opposition,

Please feel free to arrive at your own conclusions.

As “bookish revolutionaries” to use Julius Malema’s phrase were debating the pros and cons of liberalism viz. vi. historical materialism and its view of all history being the result of ‘a dialectical clash, of opposing forces’, South Africans were being entertained by the spectacle of the National Mineworkers Union (NUM) threatening to end its support for the African National Congress (ANC): “if government continues with its renewable energy programme,” said NUM, “clean power would “destroy jobs and create ghost towns in coal mining areas.” Please bear with me.

Earlier last month the National Union of Metalworkers of South Africa (NUMSA) along with Transform RSA, and the coal-truckers industry, had attempted to interdict the Dept of Energy from signing a raft of IPP renewable contracts to no avail. That ripe Marxist language and dialectical critique emanating from our unions, was geared towards a previous era of the steam engine, coal factories, fossil fuel barons, and coal-faced workers suffering under the whip of capital, and not the emerging 4th industrial revolution predicated as it is on digital innovation, open source electronics, and abundant energy distributed amongst the commons, in a dematerialised world in which the unions too, own shares, was becoming clear.

The trouble with soviet-style super-socialism and its advocates in the unions, many of whose members appeared outfitted in fatigues and whose leaders, some of whom bore a close resemblance to Fidel Castro, began with the protagonists wanting to ‘monkey-wrench the entire system’, the self-same mixed ‘market socialist’ economy which taxes and hands out benefits, and whose state owned utility Eskom and its mega-coal projects, meant that these very same unions derived further benefits from any extension of coal-contracts that were also part and parcel of the Gupta corruption schemes. It is important to note as Min Radebe did, there was no direct connection between the threatened closure of some coal powered utilities ending their life-cycle and the IPP programme.

One can see an emerging pattern here, a similar problem experienced during the Cold War 1950s, the problematic Marxist vision of ‘willing workers of the world’ uniting under a shared common cause to fight off the bosses and shareholders in any country, in order to become, what exactly?

The Soviet Union?

Here in the South Africa of 2018, a period no longer marked by communism and the Cold War, the unions were essentially complaining about the potential loss of a paltry 30 000 jobs, whilst jeopardising the creation of 60 000 new jobs in the economy, and more to boot. The unions was prepared to compromise air quality, emissions, the health and safety of millions, while ransoming the entire country with regard to climate change. One could not get more solipsistic and obstinate if one tried. In the eyes of union bosses, what mattered most in this struggle, was happy workers. The poor seeking jobs and thus a growing and sustainable economy, in which economic models were not based upon annual bailouts, but upon reality, the facts behind an economic model which worked, for these persons, the poor for all intents and purposes, did not exist.

So let’s give a bash at answering the moot question left unanswered by our nation’s critics. What are the alternatives to the liberal market economy, if any? And since I am not a liberal as such, let me explain briefly, as economic scholer Zhang Weiwei does, one such model, the China Model, significant in that it has pulled millions out of poverty and unlike the West, has not experienced successive periods of boom and bust. And before I do, let me place my civil rights cards on the table, since I don’t support many of the authoritarian elements still at play within the China of today.

The guiding philosophy behind the ‘China Model’, according to Weiwei can be summarised as  “Seeking Truth from Facts not from Dogmas, whether East or West.”

Weiwei goes on to say: “From examining the facts, leader Deng Xiaoping found that neither the Soviet Model nor the Western Model really worked, hence Beijing decided to explore its own way of development appropriate to China’s own national conditions.”

The system he says is oriented towards people’s livelihood. “Whether economic, social or political reforms, they must all be down-to-earth and produce tangible benefits … in material, cultural and other terms. This is why China has succeeded in lifting over 700 million people out of poverty, accounting for nearly 80 percent poverty eradication in the world.”

Special economic zones in which economic experiments are allowed to prove themselves first before being adopted by the broader system, are another factor attributed to China’s success.

Food for thought in a country which, despite its ideological stance, is still top of the list of the Gini coefficient marking ours the most unequal society in the world.

Send the ‘Groot Boetie’ FPB amendment & copyright bill back to legislators

ONE month ago, the controversial FPB amendment bill was passed by South Africa’s Parliament. It came as a major blow to online content providers battling prior restraint and other apartheid-era laws from a previous period of newsroom censorship, and will ostensibly turn ISPs into cops, tasked with enforcing FPB content classification, and in some instances, even blocking sites.

If it isn’t nipples and journalists that interest the authorities, then it is Hollywood’s copyright regime and our own country’s fair use/fair dealing laws which seemingly protect creators of content.

A related piece of legislation, the copyright law amendment bill, as it stands contradicts public rights protections and seeks to impose institutional copyright on behalf of collecting agencies, even in areas where a permissive licensing system may already be in place. There is a well-funded lobby promoting copyright restrictions and classification, that also wants to remove fair use wording and any public domain permissions. Currently there are not enough checks and balances shoring up legal defenses against prior restraint while promoting freedom of speech, innovation and the reuse of content via permissive licensing.

The anti-piracy lobby group SAFACT has announced plans to block online sites.  Opening the door to politicians who may also want to block sites and target publishers with which they disagree. The vocal religious lobby routinely rails against what they perceive to be the “anything goes society” as do those from the ‘moral majority’ who view porn as the “work of the devil”.

Conservative and Far Left campaigns against porn, hate speech and other ‘social evils’, have invariably resulted in the loss of fundamental freedoms. Acting as a cover for those who seek to limit criticism and public opinion.

The threat of holding ISPS and publishers responsible for users comments was enough to shut down many discus comments sites when the FPB amendment was first announced, effectively destroying the evolution of online letters to the editor and further eroding what freedom remains on the Internet. The emergence of overly broad anti-hate speech legislation hasn’t helped matters either.

The controversy surrounding the X18 age restriction of local film The Wound, the first time a local film has received such a rating in recent memory, is another example of how the FPB will play itself out.

We’ve written about the many problems presented by the FPB and its draconian plans, chief of which is censorship of online content and the erosion of communications and press freedoms guaranteed by our Bill of Rights. Thus the information freedom subsumed under article 16 freedom of expression, and the right to not have the privacy of our communications infringed, under article 14 privacy rights. All drafted following a period in which apartheid censors had gone overboard in their quest to purify political discourse.

You can read some of these articles here:

Stop SA Government Internet Tax & Censorship Plan

Apartheid censor board mooted, targeting online content

South African Cybercrime Bill creates Trial by Hollywood

There is still time to stop the FPB amendment, (and canvass parliament on the Copyright Bill.)

“First, the president can refuse to sign it and send it back to the National Assembly on the point that he thinks it is unconstitutional, or constitutionally problematic. If that doesn’t happen, any MP can ask the Constitutional Court to review it on the point that the amendment is unconstitutional. Finally if it is passed into law, a private citizen or other body could potentially take up legal suit to get the now Act declared unconstitutional.”