Loom without a blessed view

THERE’S a new ponzi scheme targeting Cape Town’s ‘woke females’ who seem to think that sharing videos on babies and spirituality via social media like Whatsapp and Telegram, is going to lead to an empowering ‘gifting event.’ With all the overtones of stokvel and women’s circle (both legitimate) loom also known as the ‘blessing loom’, and ‘secret sisters’, relies on new money from a devolving membership in order to function and is thus a Ponzi Scheme.

Things have certainly progressed since the simple ‘chain letter’ scams of my days at school. Try giving someone a gold coin to plant, to make a gold coin tree grow and you will get the picture.

If you missed the Bitcoin Ponzis or the Crowdfunding Ponzis such as Crowd1, get ready for the post-Covid Spirituality Ponzi going viral as we speak, in Australia, Nigeria and Cape Town.

Women do count in my book. But I’m afraid the maths is against anyone playing this game since the way it runs is in multiples, 1, 2, 4, 8, … 64 which then requires 4096 people in order to have that moment when the magic jelly beans fall out of the proverbial unicorn’s backside.

The best description is by a women writing under the pseudonym Delphine Delchambre who published an article about her experience on Medium.

To put it short: one is invited, usually by a friend or relative, to join a simple, circular, money making system — its circular form makes its members believe it is not a pyramid system, but when one would virtually pull up the center of the circle and lift it, one would quickly see the circle evolving into… yes, a pyramid! Entering the system is as simple as paying a small amount of money, which in this case was €150. All you need to start “the game” is a Whatsapp account, some patience and — this is key — you are asked and expected to invite at least 2 or more of your beloved friends, family and acquaintances. The more people you manage to add to the circle, the quicker the movement of it, and thus, the easier it will be for you to make your chunk of easy money. In front of such minimum “work” stands a wealthy reward: you’d end up making €5250. (you can find more about how the money making actually works, by looking through the diagrams and pictures posted below) So, with a small effort and by spreading the “love” and “positive vibes” of this circle, you’d end up making a staggering €5250 profit in no time! For every person to eventually make this kind of money, the “Loom” needs to always, ad infinitum, keep on growing. 64 new people are needed for every person to gain his or her Loom-boon. 

My own encounter with a local version of the ponzi preying on our community in its nefarious ‘activation of the feminine divine’, was via a close associate attempting to ‘sponsor’ my partner in a BEE version of the game that appears to have differing terms for the various levels or stages.

Since the game runs like a trojan hijacking our community and informal sector, it may also be manipulated, as one Youtuber explains, the problems are endless.

Please don’t get loomified. If you want to start a legitimate gift economy, make sure it complies with stokvel legislation and is truly sustainable.

Much ado about the Covid ‘second wave’

please note: events of the past weeks of December have shown the speculation surrounding the so-called ‘seasonal thesis’ below to be completely wrong, instead we have a witnessed another surge as the result the rise of a more infectious lineage of the virus, the article is preserved here to serve as a record of this open speculation.

TWO WEEKS ago Boris Johnson announced a second nation-wide lockdown for the UK. This apparently after data showing projected infection increases, outstripping the capacity of the NHI — there is a broad variance shown by the conflicting mathematical models, which do not take into account exposure to UV radiation.

As the Northern economies enter Winter, the ‘second wave is upon us’. However the same cannot be inferred by local data. So far as the South is concerned, summertime is proving that when it comes to Covid-19 every indication points to the pandemic being seasonal, and that a diverging UV profile will lesson the impact in the South.

The announcement of a vaccine with a 90% effectiveness has boosted hopes for an end to the pandemic. With Nelson Mandela Bay metropole the sole outlier, South Africa has been spared the worst ravages of the ‘second outbreak’. The nation has an extraordinary high recovery rate and most early projections have proven wrong, witness the controversy over the modelling.

‘In the South African context, there is close to zero value in going back to a hard lockdown as it is not going to achieve anything different in controlling the epidemic’ is the view of Professor Shabir Madhi from the school of pathology at the University of the Witwatersrand. This stands in contrast to Dr Zweli Mkhize’s insistence that his mathematical models are correct.

What is not being said by either sides, (and speaking as an environmentalist) is that there are very different environmental factors at play in Africa. Not only do we have a different seasonal procession, with the South experiencing Summer when North experiences Winter, but there are vastly different weather patterns, all of which impacts on the amount of sunshine and consequently UV radiation experienced by the average individual.

South Africa’s UV burn index is amongst the highest in the world. Bare in the mind that the coronovirus is a derivative of the common cold, and operates much in the same way that the flu does, save for the fact that coronoviruses tend to break out in clusters unlike the flu which comes in waves. Direct normal radiation for Upington for example, is nearly 1000 w/m2, and vastly different from our coastline.

The whole notion of a ‘second wave’ for the entire world, is potentially a flawed assumption made by the World Health Organisation which has tended to operate as if the earth were flat in the process dishing out advice that is no better than that given by socialist bureaucrats during the Soviet Union.

The mandarins and technocrats in Geneva simply rolled out policies for the entire world this year, a one-size-fits-all determination that treats every economy as if we are all living in Alaska, and which deserves to be tested and scrutinised by local and regional scientific councils.

The only ones benefiting from this extraordinary overreach, are the large pharmaceutical companies which stand to make a mint out of the supply of PPE and the much-vaunted vaccine. A vaccine which may take anywhere up to 5 -7 years to dispense. Nevetheless questioning Covid stats, may incur professional liability and institutional sanctions much in the same way that questioning received doctrine on the HIV epidemic has become a shibboleth of notable proportion.

Now more than ever, is the time to host a national symposium on what is known about the virus within the local context, what still needs to be understood and to derive policies based upon evidence-based science and empirical research rather than policy decisions made externally and consequently adopted by our government without any forethought as to the consequences.

Unfortunately as the HIV crisis has shown, the likelihood of the South African government taking a lead where science is concerned is extremely slim. Read my piece on Skepticism during the Mbeki era.

Something rotten at the Cape Bar

THAT SOUTH AFRICA’S legal enterprise is essentially a predatory profession taking advantage of apartheid privilege at the same time that it denies access to legal aid for ordinary citizens on an equitable basis is abundantly clear.

Pro Bono criteria at the former Cape Law Society for instance, (now the Legal Practice Council) were set in the last century, that’s more than twenty years ago. Law clinics, at academic institutions profess to tackle refugees, ticking boxes for funders whilst passing over the needs and rights of ordinary citizens.

If you fail to meet race criteria, you are essentially cut adrift from the system unless you are able to afford legal fees that amount to dolloping up white goods to legal professionals, many of whom will think nothing of taking massive deposits without doing anything more than write a solitary letter.

The Cape Bar Council, a vestige of colonialism, is no stranger to controversy, the latest involving advocate Anton Katz, whose request for an exemption from rules governing the keeping of chambers during the Covid crisis, resulted in his resignation.

Needless to say the CBC were quick to spin the story as a tale of economic woe, claiming that their refusal to subsidise him, is the sole reason behind the complaint. Whilst Katz has expressed concern over unpaid bills at many High Court chambers, and especially its impact on young, black, legal professionals, this is certainly not his case.

More troubling though, are Katz’s complaints of entrenched racism at the Bar. Attitudes such as those contained in my complaint to the bar regarding a racist 2010 religious inquisition at the behest of an apartheid media company, in which one Colin Kahanovitz SC thought nothing of trashing the TRC report, and openly attacking me on the basis of apartheid race laws, this whilst suborning perjury from the sole witness, a woman who proceeded to give false evidence about her matric certificate.

Then there are the vultures like Labour Law Associates (see video below). A firm operating with the tacit support of the CBC. A 2017 complaint to the CBC brought nothing more than a nod of agreement from the institution, this after one of the firm’s executives proceeded to pass himself off as a member of the bar, without so much as a law degree.

Proposed SABC ‘Internet Tax’ is regressive, defeats purpose of content development

THE FIRST South Africa got wind of the draft license regulations mooted by the SABC was in the form of a broad content debate. One involving Netflix and to some degree Youtube. The country is no exception with Canada recently passing laws to compel streaming firms to pay for local content.

Then SABC Head of TV Licences Sylvia Tladi, stepped into the frey with a narrow call for stricter individual regulation to ‘improve compliance in terms of TV Licence fees” and apparently also plans to extend licensing to ‘include tablets and cellphones’. Effectively a plan to tax the Internet instead of asserting local content requirements for large Pay-per-View channels

The Kingdom of Lesotho proposed a similar scheme last month which could see individual users requiring licenses to use social media, at the same time that mobile operator Vodacom was being fingered over its own license conditions.

A similar scheme under the former Film & Publications Board would have resulted in a million censors tackling the proverbial ‘infinite supply’ of content ostensibly to earn billions of rubles in foreign exchange. A fools errand driving our Peso, sorry Rand economy, and one which would merely create a bureaucratic logjam –a national ‘PayWall’, aimed at the purse of anyone producing online content.

The problem with being seduced by this ‘Tax the Internet’, approach ( no millions of lives will not be saved during the Covid Crisis by rolling out new license schemes) aside from the fact it represents a blunt instrument –a regressive tax on a previously untaxed environment — is that it seeks to tax free content and paid content alike.

Free content provided for gratis, such as that available from the same publication you are reading right now, need I mention my Youtube Channel?

In effect, SABC would be charging its audience (read tablet and cellphone users) for access to Medialternatives copyrighted content, alongside the broader Internet, and without any forethought as to the legal consequences of such a scheme — little more than an unfair and irregular means to hijack free content and resell the result. The Mail & Guardian tried something similar back in 2007 before its news aggregation business was closed down.

Publishers such as Medialternatives and many other local and global free sites, (for example popular site MyBroadband), will not earn a cent or gain any revenue from the proposed SABC license scheme.

The old SABC TV license, like the previous Radio license, has traditionally been used to offset costs at the public broadcaster, but I fear, asking online providers of content to bail out the ageing broadcaster and erstwhile content provider, is taking things a step too far, especially when one considers the fruitless and wasteful expenditure under former head Hlaudi Motsoeneng

Robbing Peter to pay Paul , really calls into question the entire rationale behind the license amendment bill and its motivation, supposedly to rectify the adverse effect on local talent who often find themselves competing with foreign media houses. Spare a thought to those of us who find it extremely difficult to enforce copyright even at the SABC, and not least the terms of permissive licenses, within the current legal environment.

I therefore propose something similar to the highly successful Internet Black Out orchestrated by the late Aaron Schwartz, also known as the day the Internet Stood Still. In which online content providers blacked out their content to protest censorship. Until then, simply put up a banner alerting users to the proposed SABC Tax on Free Content.

UPDATE: A document entitled Suggested Approach to Drafting Digital Services Tax Legislation has emerged. Let’s hope we don’t end up with a ‘belt-and-braces’ approach to the issue.

Trevor Manual, spare us the BS

BEING HALF-RIGHT, often means being half-wrong. Former finance minister Trevor Manual, the man who seemingly quit politics to take-up a lucrative job at NM Rothchilds, a company in bed with the Rupert-Remgro-Kagiso-Naspers cabal, is no stranger to scandals. Often vocal in support of ‘Coloured identity’, he has now weighed in on the Snyman saga (see below).

SABC quotes Manual saying: ‘there’s no legislation in South Africa that requires people to provide their racial classification” and “Snyman is perfectly correct.” Then without any sense of contradiction, he proceeds to interpret the Employment Equity Act, by stating: “The Employment Equity Act stipulates that Black people means Coloureds, South African Coloureds, Indians collectively. That is perfectly acceptable language.”

Unfortunately, that’s not exactly what the EEA says. Under ‘definitions’ the act defines ‘black people” as a ‘generic term which means Africans, Coloureds and Indians’.(1) After this exercise in circular logic, it then lists ‘designated groups, meaning blacks, women and persons living with disabilities’. There is thus no definition of the term Non-African, nor any of the apartheid-era race categories per se, for example, Other Coloured.

The purpose of the Act Mr Manual, is not simply to provide for a ‘diverse and representative workforce’ in the form of affirmative action, but also to eliminate unfair discrimination in the workplace, a goal which includes ending discrimination on the basis of ‘religion and culture’. These are inclusive terms which cover the full spectrum of South African society, and however one wishes to define personhood, Africanness and class status.

And the reason I bring this up, is my decades-long battle under the Act, against a blatantly racist, religious inquisition brought at the behest of a TRC-bashing apartheid media corporation entangled in Mr Manuals’ many ventures. To paraphrase DJ Fresh, quit imposing your religious views, its just plain rude.

I therefore observe that Manual is being a little opportunistic and even racist, in seeking to spin his party’s painful neglect of the nonracial principles inherent to our constitutional dispensation. He is certainly dishonest in his failure to address David Masondo’s statements to the effect that non-racialism, as in our collective human rights, is ‘merely an aspirational target’.

Considering the manifest corruption at play with the Kagiso Group, an entity which lists NM Rothchilds as partners, and a shareholding and directorships at former labour brokerage and financial services firm subsidiary, Resolve Group — the ensuing capture of the Labour Court at the behest of Manual’s cronies is no surprise.

It was an ANC party apparatchik, and director at the time of Resolve Group, Halton Cheadle, (a man who acknowledges the respondent Media24 was his client) who proceeded to deliver a 2010 ‘decision’ devoid of fact, bashing our non-racial dispensation, upholding apartheid denial and favouring his business associates. A decision which deserves to be ridiculed for its imposition of a minority opinion within a major religion.

One can only marvel at Manual’s ability to spin the corruption dogging his party at the Zondo commission. I therefore refute Manual’s statements as nothing more than opportunistic, political bunk.

SEE: Dropping the Race Fraud Charges isn’t Good Enough

(1) Note: A 2013 High Court judgement instated more than a billion Chinese persons under the definition of black. The definition appears to exclude black persons who are not African, for example, a Maori, Inuit or Jamaican, would not qualify as African.

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.

Senekal: Time for genuine Fair Trade Certification and income equalisation?

IT IS easy to become cynical following the events surrounding Senekal over the past two weeks. On the one hand, extremists who justify farm murders by driving an overtly racist Afro-chauvinist narrative (Africa exclusively for black Africans). A story which ignores the very real problem faced by rural murder rates, some 80% above the national average and related issues of food security and social stability.

On the other hand, lack of decent wages and career opportunities faced by thousands of seasonal share croppers, farm workers and rural labourers, is providing fertile ground to those driving a fascist post-Marikana narrative that feeds into an ongoing legacy of land dispossession, at the same time that it seeks to negate democratic transformation and the notable gains of the second Republic.

Undoubtedly solutions such as income equalisation and fair trade certification will be seen by the hard left as dissipating of revolt and reinforcing of the status quo. Maintaining the current state of affairs is not my intention. Rather, we should all be asking questions: Why is it that in order to drink tea from a label such as PG Tips which prides itself on delivering a product which is ‘farmed by workers earning a decent wage, with access to good quality housing, medical care and education for their children’, one has to look instead, towards an imported brand?

Where is the local equivalent of the Rainforest Alliance, whose certification process aims at “breaking the cycle of rural poverty—and tackling the ensuing impacts for people and nature ” a fact considered “critical for a more sustainable future for us all”?

Fairtrade, another international certification organisation “exists to empower farmers and workers around the world. Some 1700 producer organisations, representing over 1.7 million farmers and workers, are the foundation of the Fairtrade system.”

Given South Africa’s history of super-exploitation of labour, one would hope that consumers would be more actively involved in changing the cycle of wage exploitation, by demanding better work conditions on farms at the same time that we act to end farm murders, in effect creating an orderly process of empowerment of black farmer and farmworkers, without the need for political opportunism and grandstanding.

Clearly there is not enough land to give each and every citizen in South Africa a farm, and similarly we can’t all become farm managers over-night. Providing a different scenario to that faced by today’s share-croppers in the form of real shares and dividends would be a welcome start. So too would proposing an income equalisation fund, one that avoids seasonal fluctuations in wages whilst protecting the families of those affected.

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.

Andile Lungisa may have a point …

THIS past week saw some of South Africa’s top judges demanding a retraction of remarks made by former ANC youth league leader Andile Lungisa that ‘his case was unfairly decided because of political pressure and affiliation”.

If everything was hunky dory in our Republic, the erstwhile ANC deployee, would have zero basis for making such statements, and given the deteriorating circumstances, still serve his time, but I fear things have gone from bad to worse.

The deplorable situation in which certain members of the judiciary, (and I include acting judges such as Halton Cheadle) appear to be actively involved in petty party politics, (beneficiaries of party-political largesse, if not on the payroll), is only magnified by the recent statements of the Chief Justice and the various cases brought against the nation’s many juristocrats.

If the Judge Hlophe saga doesn’t raise ones ire about the status quo in which there is a visible lack of opprobrium and absence of a functioning civilian mechanism of discipline within the broader profession itself, then the public surely needs to be reminded that it was Judge Hlophe himself who called for a commission of inquiry into his own behaviour?

Certainly a case of deferral, deflection and proverbial passing-of-the-buck, to quasi-governmental commissions which have shown themselves unable and unwilling to deliver on decades of inquiry and complaint? What next, news that Hlophe has appointed his wife as the chairperson in charge?

Will Zondo spend the next decade taking testimony which would best be considered by a grand jury comprising the National Provincial of Councils, if not the entire legislature?

That there remain institutional problems inherited from the past which have not disappeared under the new dispensation is abundantly clear. The Western Cape division is a veritable Vorster bantustan, its chambers replete with photographs of apartheid-era judges going back to colonial times.

A division which persists in promoting an anti-Secular, anti-Enlightenment, multiracialist and multiregionalist ‘nouveu-apartheid’, can only be condemned.

The untenable situation in which legal professionals are elevated to the status of nobility within a juristocracy out-of-kilter with our non-racial democracy may be demonstrated by the abject failure of the Judicial Services Commission to do anything about several complaints before it, including my own.

But let’s not run away with the Lungisa debacle, and belittle the irony of the situation, forgetting the real predicament of those within the very self-same political formations responsible for bending the judiciary to their egregious aims.

At the end of the day it is the ruling party which is to blame.