Tagged: Apartheid

Let’s face it, South Africa’s judiciary leaves a lot to be desired.

SOUTH AFRICANS may be suffering under a collective delusion, the rule of law. If one reads the latest round of media commentary, we are either stricken with a hopelessly corrupt judicial system, or driven by ulterior motives to question an infallible judiciary. In this binary view judges are either devils in black robes, or angels and saints in silk who can do no wrong.

The reality is that for the most part, we have an imperfect system inherited from a period of apartheid and colonialism. A time when citizens were not accorded equal rights and status before the law.

Attend judges chambers at the High Court of South Africa in Cape Town, and you will be greeted by the portraiture of past judge presidents on floor one, going all the way back to the Cape Colony and Apartheid. Obscene pictures of Centlivres et al, still hang from the walls in an eerie twilight reminiscent of that macabre republic. Our institutions however, are rather proud of their racist lineage, and the tainted display is headed up by a current photograph of a grinning judge president Hlophe, still under investigation by the JSC for misconduct.

Under the present system, the process of impeachment of sitting judges who possess tenure, requires a supermajority in Parliament. The process for the removal of acting judges on the other hand, those drawn from the profession on an ad hoc basis is less clear. The manner in which such persons gain authority, often in conflict with their standing as directors of various law firms and businesses, is an awkward one.

For Raymond Edward Chalom, who has been in the legal profession for almost 50 years, the judiciary is a hotbed of corruption. He says “judges are appointed on the basis of friendship, trade-offs between lobby groups in the sector and affiliation to legal bodies rather than history, legal minds and experience.” I can only concur with this observation and possess an as yet  unserved affidavit alongside supporting documents,  demonstrating the resulting corruption of influence and manifest bias by a well-known member of the profession.

The process of judicial reform has not been easy. The South African system is really just an elegant compromise, for the most part, a sorry colonial edifice to which several innovations such as Family Court, Equality Court and the apex Constitutional Court have been bolted.

And therein lies the rub, since our constitution, a visionary, civil rights document if ever there was one, requires that all citizens gain untrammeled access to rights yet is seemingly oblivious to the reality of a legal process that is overly circuitous and expensive at best. The justice system in our country has unfortunately turned into a mere business system, one designed for millionaires and their cohorts in management and the professions, but where access to justice for ordinary citizens is a practical and tragic impossibility.

Witness Steven Friedman’s recent column in Business Day. According to the newspaper’s resident lefty in the debate among middle-class people which shapes politics, hardly anyone undermines courts and judges. In stating the obvious, (qui bono, who benefits?) Friedman avoids the uncomfortable fact that the majority of the country’s citizens are neither middle-class, nor possessed of sufficient financial clout required to be considered readers of his own column. The working class is drawn from the ranks of the dispossessed, the downtrodden and unemployed, for want of a better phrase.

The reality for most of us, living in the aftermath of a crime against humanity, and several decades of misrule by the ANC, is that nearly every legal issue these days, ends up turning into an expensive constitutional drama, one which only the apex court is able to rectify, resulting in the juniorisation of the High Court and Supreme Court of Appeal.

For instance it took nearly three decades to end cannabis prohibition via the courts while effecting a delay on the promise of rights gained in 1994.

Sadly the lower courts with one or two exceptions, (cannabis is an exception) have shown themselves either powerless or reticent to enforce new freedoms, preferring to solicit business for the entangled profession. Our Bill of Rights for such individuals is little more than a ‘carrot on a stick’, bread and butter for an academy that has seen fit to create exclusion after exclusion to our rights.

Witness my own troubles with gaining access to legal aid in a matter affecting the life of the TRC and its final report (Lewis v Legal Aid SA). Application dismissed by AJ Martin without so much as leave, in the process creating a racist and unacceptable exclusion to the Preamble to our Constitution. Racism on the bench here has simply grown in leaps and bounds.

The Constitution, for all intents and purposes, adopted in a piecemeal fashion in 1996, has meant that the status quo for the most of us, still resembles the old order, while the new order which was meant to be, including our rights and freedoms, has vanished like a chimera.

Take a problem inherent to any system overly reliant upon the settling of disputes by intermediaries known as attorneys. In this jury-less world, professional jurists, comprising entirely of members of the self-same profession of law, adjudicate and interpret law, and then deem themselves fit to determine the facts.

The result is a system that is not evidence-based as such but rather scholastic, obscurantist, medieval. The Earth circles the Sun, well that’s just an opinion so far as these hucksters are concerned.

When it comes to facts about apartheid, the profession has not been exactly the cradle of rocket scientists. Witness PW Botha’s successful defense of his racist position in the face of a subpoena by the TRC. Or Wouter Basson, a darling of the courts.

South Africa is certainly stricken by an over-reliance on interpretation and opinion. Not evidence-based terrain so much as thick, fat, obscenely bureaucratic, opinion-based largess writ large. Access to a jury option in capital crimes and defamation cases would put such quibbles to rest.

Spare a thought for the victims of rape, in case after case, often dropped by the justice system, or reduced in value by the lack of mandatory sentencing for offenders, making rape no longer a capital crime in South Africa so far as the law is concerned.

On the whole South Africa’s legal system is too caught up with kowtowing to prevailing authority from the old days, to notice when it gets science spectacularly wrong. Instead of deriving truth from facts, as a nation, we tend to derive truth from ideology, in this respect our legal system is no different. Ditto the debate on legal positivism, and a position that is increasingly absent in our supposed secular world.

Attorney’s writing up judgements, well, that’s just par for the course.

Acting judges advertising their services and experience on the bench to clients when they’re not moonlighting as articled clerks — just another modern innovation in letters.

Apartheid happened, separate development, the Land Act — all facts not speculative conjecture, as our courts have deemed fit under the Cheadle Doctrine, while slipping into a void of  fantasy and fable. Apartheid denial is the very essence of a decision handed down by the labour court in 2010, in which I myself am the complainant.

Where jokes have abounded that ‘the rule of law so frequently turns into the law of rules’, I merely have to cite my own sad experience with a rotten system to observe that the law has failed us all miserably.

published in part, in Star & Daily News 12/9/2019

Rethinking the Courtroom

Justice for Neil Aggett

TIMES LIVE reports that justice minister Ronald Lamola apparently wants the deaths of anti-apartheid activists Neil Aggett and Hoosen Haffejee to be re-investigated. Only time can tell if he is serious this time.

Lamola announced on Friday, according to the online daily, that he had requested the judges president of the Gauteng and KwaZulu-Natal divisions of the high court to each designate a judge to reopen the inquests in relation to the deaths in detention of the activists.

The justice department is reported to have said Lamola’s decision was in terms of Section 17(A) of the Inquest Act of 1959 and follows an application by the National Prosecuting Authority (NPA) for the reopening of the inquests.

Readers may remember that Aggett was a doctor who died in detention in Johannesburg in 1982, aged 28. The inquest into his death held that no one was to blame. Yet another reason not to trust the apartheid-era justice system.

READ MORE HERE

And so Naspers borrows from its own book on rebranding apartheid

FOR DECADES Naspers was during the apartheid years, an incubator for racist government, producing no less than three Prime Ministers. PW Botha, HF Verwoerd and DF Malan. All had the backing of the corporation formed by the Broederbond. With the appointment of a new local CEO, following a listing in Amsterdam, the company has once again attempted to rebrand itself.

Unfortunately, the focus on assets avoids questions as to why Naspers was a ‘traditional sinecure for the national party’, providing funding, propaganda and support. This is a lot more involvement than today’s media spin-doctors would have us believe.

Naspers collaboration with apartheid is given short thrift by the likes of Joseph Cotterill of BDlive, who believes the group was simply “a publisher once condemned as a mouthpiece of the apartheid regime in SA .” These reports all fail to mention ongoing litigation against the company, and continued opposition to the Truth & Reconciliation Commission.

A more balanced view of the campaign against the commission can be found in a review of Ton Vosloo’s biography “Across Boundaries” by veteran journalist and former Mail & Guardian editor Anton Harber.

Lizette Rabie also finds time to present her case in support of the so-called ‘TRC rebels”, a group of former apartheid collaborators who succeeded in turning themselves into ‘conscientious journalists” while ignoring the plight of those in the struggle press, recipients of Naspers dirty tricks.

TRC rebel Tim du Plessis presents his version of events in the Nieman Report.

But according to Hennie van Vuuren, the company was also a ‘tap root of the National Party’.

So what exactly is going on?

After 1994, the corporation found itself on the back foot politically-speaking. Sanctioned by the TRC for its failure to come clean over its role during apartheid, but with PW Botha avoiding a subpoena to appear, the company grudgingly introduced a BEE scheme, appointing Jakes Gerwel of the President’s office to the board, alongside Francois Groepe.

And so the game of political chicanery continued.

With Groupe moving on to the Reserve Bank, Chairperson Gerwel passing on in office, and the company still attempting to gag me for speaking out about racism, race profiling and de facto newsroom segregation at its then community newspapers division.

The resulting anti-Semitic and anti-Secular counter-case, was more than simply a corrupt and unfair proceeding before the labour court of South Africa. Nothing short of a racist miscarriage of justice involving a Naspers business associate and labour broker presiding over a matter involving his own client, while I was restrained from calling witnesses. The corruption is currently the subject of an as yet unresolved complaint to the Judicial Services Commission.

Two days after filing a further Equality Court complaint regarding the Group’s ongoing campaign against the Truth & Reconciliation Commission and thus the trashing of the report by Naspers council, then Group CEO Esmerie Weideman issued an apology to the heavens. The 2015 statement references one case-limited example of a single employee of colour, Conrad Sidego, who had experienced problems with separate facilities.

The EC case is currently in abeyance pending an appeal of a decision by Legal Aid SA not to grant legal aid where a substantial injustice would result from my not possessing an attorney in the matter.

If you wish to fund my action against LASA, you can do so on BackaBuddy.

Needless to say the latest racist decision by the High Court, once again trivialising the TRC report, (‘too long to read’, according to AJ Martin) in the process, creating an exclusion of the Preamble to our Constitution, cannot hope to gain any approval under our nation’s Constitutional dispensation.

With pressure mounting for change, and with a sophisticated new share structure that preserves white privilege, in the process moving the now multinational operation out of the country, Naspers mandarins have once again dealt out a hand that seeks to gain influence within South Africa’s political sphere.

The appointment of no less than Ramaphosa Foundation board member Phuti Mahanyele-Dabengwa to manage Naspers South African operations, echoes the groups earlier effort to inveigle Mandela. This while Ramaphosa is on the ropes following a report by the Public Protector.

Time can only tell whether the strategy of co-opting the incumbent President, while maintaining apartheid profits within the company, (now outside the country), will succeed in burying the TRC Final Report once and for all. 

Dear Extinction Generation

IT WAS June of 1991, the apartheid government had just unbanned political parties such as the ANC and PAC, exiles were returning to the country, and negotiations towards a new democratic dispensation were in full sway. The First National Conference on Environment & Development, organised by myself and my colleagues from the Cape Town Ecology Group (CTEG) and World Council on Religion and Peace (WCRP) was being held at the University of the Western Cape (UWC).

It was here that the campaign to include sustainable development in our country’s new constitution came to a head, with a mandate to ‘ecologise politics and politicise ecology’.

Solly Skosana of the PAC was of the view that ‘land apartheid had not disappeared and that a constituent assembly was the only mechanism in which environmental concerns over land distribution would be able to be addressed.’

There was consensus among delegates that unequal land distribution was a major cause of environmental problems in South Africa and that the land itself needed protection under the law.

Speaking on behalf of the ANC, Cheryl Carolus criticised the lack of political involvement by environmentalists in the past and made the point that her decision to get involved in politics had ‘arisen out of a desire to empower herself and to regain control over her environment.’

The issue of workers’ involvement in environmental issues was taken up by Nosey Peterse of the Food and Allied Workers Union (FAWU) who told delegates: “You can talk about environmental degradation but while you talk workers are losing their jobs because of environmental degradation.”

It was here too that I stood on a podium alongside Mike Kantey of Earthlife Africa, Ebrahim Rasool of WCRP and Julia Martin of CTEG, with delegates from across the political spectrum, to rally against apartheid while calling for a future in which the needs of future generations would not be compromised by the demands of our own generation.

As the conference drew to a close, we had no inkling of the dire consequences our nation would be facing today, with water shortages, air pollution and threatened ecosystems, nor did we realise back then, what it would take. Our actions back then simply introducing article 24 of our Constitution, enshrining Earth Rights, to impact and affect climate change and the lives of those yet to be born.

It was thus a twisted and tortuous politics which saw successive appointments of environmental ministers, from then Minister of Environment General Magnus Malan, to Dawid de Villiers, Pallo Jordan, Valli Moosa, Marthinus van Schalkwyk and Edna Molewa, each taking the credit for the groundbreaking inclusion of ‘ecological sustainable development’ in our nation’s constitution, and yet collectively responsible for the allied policies of the ruling party. Despite becoming the first country to include the environment in its bill of rights, the party proceeded to pave the way for mega coal projects, increasing of GHG emissions and lowering of air pollution standards.

You can read about the campaign to put Earth Rights into South Africa’s constitution here.

At the same time that the Mbeki administration was hosting the 2002 WSSD (the acclaimed “Earth Summit’ which produced very little of real substance) the ANC was promoting a crackpot policy sans physics which became known as ‘peak, plateau and decline‘. A neat phrase cooked up by the DEAT to describe a strange new political compromise between our constitutional imperatives, ‘the needs of the future’, and the diktat of the fossil fuel industry, in particular the opportunities (read curse) presented by our own country possessing abundant supplies of coal.

Thus when Min Gwede Mantashe opened a new colliery, while myopically claiming: “our vast coal deposits cannot be sterilised simply because we have not exploited technological innovations to use them,” he was articulating this self-same policy. It describes the apparent trade-offs to be made — ramping up our GHG in the short to medium term, so that we are on par with the West economically speaking, before reaching an abstract ‘plateau’, whereupon we will by some act of the imagination, decline our GHG profile (perhaps via slight of hand and creative accounting) — the introduction of a Carbon Tax, is yet unproven.

Every year, the time frame for the plateau and reduction of local GHG targets has been shifted, while the much vaunted Carbon Tax is slow on the uptake and still being implemented. The Climate Change Bill introduced in 2018, focuses on mitigation and adaptation as opposed to implementing a drastic about turn in energy policies.  Bare in mind the Carbon tax is an economic charge which Greenpeace has said, will not be ‘effective enough and far from adequate’.

Every policy decision thus far made by the ruling party, has been on the basis of the bad maths of these mantras introduced without much scientific consensus, and there is no precedent.

After negotiating a COP-out deal at Paris, which has allowed our country to continue with business as usual — South Africa’s pledge under the Paris Climate Agreement is ranked as “highly insufficient” — we are left with a Promethean struggle involving several massive coal mega-projects versus the reality of today. At 510.2377 mtCO2e pa our GHG profile is currently on par with the UK, a country with a population of 66 million people, as we begin to exceed the West in air pollution. Our country has been criticised internationally for “ delaying the development of policies to cut emissions.

It is thus with some sadness and poignancy that I read a letter addressed to our president and signed by some 50 local environmental organisations, demanding ‘an emergency sitting of Parliament to deliberate on the recently issued UN report on 1.5°C increase in planetary temperature and its implications for South African climate change policy.’

This while 300 kids marched from Parliament to the City Hall in Cape Town last Friday, to hand over a memorandum demanding government take “immediate action on the climate crises”. Following a mass demonstration on 15 March where thousands of school learners protested, calling on government to act against climate change. In various parts of the Free State, Mpumalanga and Limpopo, where “youth collectives are meeting to learn about climate justice and organise, “writes Alex Lenferna

“Outside of the Union Buildings, young people rallied and delivered a petition to the president calling for climate justice now.”

Instead of declaring a climate crisis, President Ramaphosa, has chosen to skedaddle and bamboozle with stats and an unhelpful allusion to the climate problem during SONA. The government clearly lacks any real programme to deal with the crisis. This is not the first time that the ruling party has attempted to colour itself with the revelry of the green movement.

Stating that the President’s  ‘recognition of the climate crisis is the first step to fundamental change“, as a 17-year-old environmental activist Ruby Simpson does, is expecting a serial climate change denialist, to suddenly get science and find Gaia, because the reality is our nation’s policy of ‘peak, plateau and decline‘ is founded upon a tragic denial of the existential threats facing our planet and its people.

Regrettably, one can only express skepticism of presidential lip-service, uttered with pro-coal cynicism — successive ANC Presidents and their cabinets have shown themselves to ‘talk green, but walk with coal’. One has only to witness the abject failure of the President to address the detailed requirements of a ‘just transition’, and thus his startling refusal to acknowledge the implicit question of ‘whose justice?’

Without an immediate adoption of a climate emergency, articulated by the 2011 Durban Declaration, there can be no justice. And without a complete u-turn in our energy policies, there will be no future for our country.

Defend Status of the TRC Report before the Courts

DEFEND STATUS OF TRUTH & RECONCILIATION COMMISSION BEFORE THE COURTS

DEFEND THE PREAMBLE TO THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA

I have less than one month in which to file an SCA appeal in terms of s17 (2) (b) against AJ Martin’s racist decision (CA18417/17) to not provide relief with regard to representation in a matter affecting the TRC and its Final Report.

The High Court decision literally agreeing with Legal Aid SA in first instance, that it ‘would take a long time to read the report’ and therefore it can be ignored, and also, in second instance, upholding validity of LASA chief officer‘s view that the matter has somehow ‘prescribed’ since the commission wound up its work some time agois demonstrably racist.

Attacking the legal basis of the TRC, an inquiry into gross violations of human rights under apartheid, still a crime against humanity, for which there is no statute of limitations, trivialises the report, lowers its status before the courts and denigrates the memory of the victims and survivors. It is certainly contrary to our Constitution and its preamble which states, ‘recognising the injustices of the past …’ not to mention several statutes each one promulgated in order to prevent ‘repetitions of the past’.

The decision impacts and affects my case before the Equality Court of South Africa (EC19/2015) brought to defend the report against the vicious and racist attacks by Naspers/Media24 and thus failure to defend the law by the former Min of Justice, Michael Masutha. My not possessing an attorney at state expense as contemplated in the constitution, is a substantial injustice when it comes to the odious task of defending the TRC.

AJ Martin’s sloppy and incompetent decision is nothing less than racist double standards, since I have already been taken to task on a previous occasion during the proceedings of Lewis v Media24 (2010) for my not having ‘read the report’, in particular chapter 4, and thus according to Adv Kahanovitz SC, ‘knew who I was getting involved with when I joined Media24’, a racist organisation at the time, opposed to the TRC.

Kahanovitz SC further claimed that the report was a ‘public record’ to which I could not claim ignorance, at the same time that he claimed the commission was ‘simply a commission’, and the report, ‘simply a report’. AJ Cheadle, who admitted to presiding over a case involving his own client (and thus a judgement written up by the opposing party), then proceeds to state in his 2010 decision at para 98: ‘His evidence is unreliable because he is engaged in a campaign against the Respondent for its support of apartheid and its refusal to apologise for doing so before the Truth and Reconciliation Commission.’

Now Martin declaims loudly from the bench that it is okay to simply ignore the report, echoing Kahanovitz SC earlier direction that the report should be ignored when doing so favours his client, but be upheld when it affects my own legal standing.

Not only did AJ Martin refuse to recuse himself from the High Court, Western Cape on Monday 20 May 2019, after this contradiction was pointed out to him, but he has had the audacity to claim his decisions and findings in the matter are somehow obiter (merely in passing), and also “Judges can make mistakes that is what superior courts are for, correcting error.” There also appears to be some confusion here as to whether or not the court has the requisite power to review decisions taken by a ‘national public entity’ and thus other schedule 3 entities such as boxing clubs. Martin then proceeded to deny me leave on the basis.

The determination amounts to an exclusion of the Preamble to the Constitution of the Republic of South Africa, not to mention the Bill of Rights. The separation of powers is between the judiciary, the executive and the legislature, not the public sphere versus the judiciary and represents a new low so far as the justice system is concerned.

The calumny against the TRC Act is not surprising since the the High Court of the Western Cape still houses portraits of apartheid and colonial era judges. Albert van der Sandt Centlivres for instance, was the Chief Justice of South Africa from 1950 to 1957, and the result is an embarrassing racist rogues line-up, book-ended by a beaming portrait of current Judge President of the Western Cape, John Hlophe. Portraits of Centlivres et al deserve to be in a museum not the chambers of active judicial officers.

I urgently require assistance in filing my documents on appeal in Bloemfontein, failing which an appeal directly to the ConCourt. If I cannot retain an attorney to accomplish this, I will be required to travel to Bloemfontein and/Jozi. I am also required to furnish the SCA/ConCourt judges and parties with the transcripts and records of the proceedings, all of which costs money. Some four hours of transcription is required.

Please assist me in defending the TRC and its Final Report in the matter Lewis v Legal Aid SA CA18417/17. This matter affects similarly-situated individuals and is a major test of the foundation stones of our democracy.

NO TO HIGH COURT APARTHEID

NO TO RACIST DOUBLE-STANDARDS 

NO TO APARTHEID DENIAL
NO TRASHING OF THE TRC REPORT

Johann Rupert’s latest apartheid gaffe

TWO YEARS ago we reported on Johann Rupert’s Magnus Gaffe in which he claimed variously to have been a key figure within the anti-apartheid movement whilst under the whip of Magnus Malan. This week, we can only watch aghast as the CEO of Remgro, Richement and Reinet (R as in Rands figure large in Johann’s inherited wealth and the media cartel his family owns routinely redact his directorships), went from berating millenials for being materialistic compared to his own generation (and denying any involvement in apartheid or the apartheid regime) to claiming intimate ties with the late Steve Biko.

Johann Rupert, also an heriditary academic at Stellenbosh University, appears to not have read his father’s biography, detailing the man’s illustrious business dealings with Nico Diederichs and Owen Horward, the titular State President and apartheid finance minister respectively.

Anton Rupert (Rupert snr), a kingpin in the financial system backing successive Nat governments, went from making cigarettes in his garage to a global financial market player and international tycoon in three easy steps.

First he setup Rembrandt and aquired a loan from Sanlam, Santam and Saambou to purchase Rothmans International in 1953. Then he bailed out the local banks when they came under pressure due to international sanctions during the 1980s. Next he turned these apartheid-era banks into Amalgamated Banks of South Africa (ABSA) with Rembrandt as major partner and set up a variety of special purpose vehicles for the luxury goods market, all this while sequestering apartheid billions in Switzerland.

Thus Federale Volksbellegings became Rupert Bellegings, as the family acquired much of the asset wealth of the National Party.

Far from being a ‘pragmatic critic of apartheid’, Rupert Snr was not only a sanctions buster, but a collaborator with the military junta under Magnus Malan and PW Botha. Correspondence between the politicians all demonstrate that the man had intimate though tempestuous ties with the National Party. Although somewhat of a dark horse, with Rupert Snr betting on both sides, he finally broke from the broederbond, later becaming involved in the settlement strategy under FW de Klerk.

All whilst promoting himself as a deal broker between the warring parties and effectively rewriting history. The latest round of apartheid revisionism, in which Rupert Jnr, seeks to associate himself with the late Steve Biko whilst casting aside his family’s obvious involvement with the apartheid regime is beneath contempt.

It is consistant with the public relations campaign to recast the entire Rupert family as instrumental in the collapse of apartheid, which undoubtedly they were, not as political activists, but rather as monied insiders orchestrating a shift in power via a well-executed palace coup that retained their grip on the economy in an end-game strategy that lead to the sunset clauses signed-off by the ANC.

The post-historical revision of this period, is similar to the story told by propoganda chief Cliff Saunders who maintains he was out of the country all along and played no major role in Botha’s ‘total onslaught’ strategy. Evidence given by Rupert jnr during the TRC is notable for the lack of corroborating evidence from Die Groot Krokodil, who avoided the commission, in no small part due to the actions of Naspers, a company in business with Remgro.

Think of Rudolf Hess, a nazi who flew solo to Scotland, apparently to negotiate peace, but more likely to escape Hitler’s death squads. Again, Mandela’s jailer James Gregory, who also ‘knew’ South Africa’s elder statesman, the founder of modern South Africa initimately, but was most obviously on a very different side of the fence and prison doors.

Whether being a late arrival at the conclusion to the tragic saga, the son of a major role player and beneficiary, qualifies one as a ‘pragmatic critic of apartheid’ is anyone’s guess.

SEE: How we make Johann Rupert rich daily

The right-wing’s Politicsweb goes big on support for Naas.

Andrew-Kenny-nuclear-conference-5-555x370

South Africa’s Walter Mitty

SEVERAL pieces on the right-wing political site Politicsweb, a local news platform run by James Myburgh, demonstrates the narrow racialism of its multifarious contributors. The site purports to carry opinions from across the political spectrum, but has a seemingly limitless abundance of polemic and commentary from the likes of RW Johnson and the Freedom Front’s Pieter Groenewald,

First off there’s a familiar conservative spokesperson opining on the subject of the Ashwin Willemse incident ‘On racism, real and imagined: “Can a disagreement between sports broadcasters really qualify as news?” asks RW Johnson who then proceeds to denigrate the standing of the Equality Court, (in the process casting aspersions against its status in terms of the Equality Act): “Him and his lawyers are now proceeding to the Equality Court (the name has an Orwellian ring),” writes Johnson.

While our justice system if far from perfect, the Equality Court is a shining light in this regard. Rather it is conservatives who must be taken to task for dangerous double-speak, bigoted opinion that essentially denies that Willemse has access to any rights in terms of his own opinion on the matter. As the liberal mantra often restated by conservatives goes, ‘we believe in the audi rule so long as only one side to the dispute is heard.’

Andrew Donaldson, forever a lapdog of the effete rich and trendy wealthy, finds the time to wade in with a pathetic Cry racism piece that although erudite, willfully proceeds to miss the point entirely by cynically misstating the Equality case: “shoehorning the controversy within a racial context will restore moral order and present the readily outraged with a familiar, comforting paradigm’ that of Cry Wolf? No Mr Donaldson, this isn’t about racism per se, but rather apartheid denial, the rotting carcass of quotas and the sell-by-date of former apartheid-era darlings, a corporation with anything but a sterling history of opposing racism.

With all the tact of a charging hippopotamus, the grandson of Verwoerd and Oranie spokesperson, Wynand Boshoff’s ‘Ashwin, actually we know what you mean’ delivers a thinly disguised hatchet job, attempting to deflect attention away from Naas Botha and thus Afrikanerdom in general. Deploying the tired and anachronistic ‘blame it on the British’ schtick that is so often used by former members of the Nationalist party to ingratitude themselves with the ruling ANC whilst also affecting a crushing blow to us English-speakers.

It is not terribly surprising then to find South Africa’s own Walter Mitty, one Andrew Kenny delivering an equally destructive blow to the English language. Having affected a mid-life career change from failed nuclear pundit to “contracted columnist to the Institute of Race Relations” Kenny’s vivid imagination proceeds to shower us with bizarre details verging on the fantastical, “I know nothing about rugby” he says before embarking upon a sorry attempt at the nitpicking obfuscation for which he is perhaps renowned. The result is a failed piece of political bumph posing-as-commentary which merely demonstrates that Kenny has zero credentials and course-work when it comes to the social and political sciences. 

 ‘Hurt, pain & Ashwin Willemse‘ deploys a scurrilous and appalling comparison between the dropping of the bomb on Hiroshima, (perhaps to assert a vivid fantasy life in which Kenny recently acquired a moral position on non-proliferation?), to the aforementioned Supersport incident, before proceeding to freely mix metaphors and borrowing heavily from a Nixon-era public administration pundit:

“The politics of the university are so intense because the stakes are so low” is a saying attributed to one Wallace Sayre. It is thus rephrased as Sayre’s Law, which was all really just another patronising putdown to the students of the University of Berkeley and the victims of the Kent State massacre, and grist to the mill, for a decade of revolt which gave the world free love, women’s rights and equality. Enough to ruffle the feathers of today’s youth and our modern generation of die-hard de-colonialists?

To cap it all, there is also a strange statement released by the Freedom Front’s Pieter Groenewald “Minister of Sport and DA leader must apologise” absurdly blaming the Minister of Sport and the leader of the DA, for the incident. Apartheid collaborators are racists, full-stop. Instead Groenewald wants a fantasy-world where “people must refrain from attributing incidents where people of different races are involved to racism,” begging the question, what happens when racism isn’t about race per se but rather structural racism? The two apartheid darlings Mallet and Botha turned into on-air monuments, the post-apartheid wing, Willemse, forever in the studio shadows.

The Freedom Front shows its metal, providing uncritical support for the discredited Naspers-Multichoice and its pathetic inhouse finding on the matter, arguably, all the result of extra-judicial privileges founded upon race, and despite the matter being sub judice. The outcome of the labour proceeding in which Willemse was not represented, has been rejected by the former Springbok, as too should any similar proceedings not meeting standards of due process. There has yet to be an official inquiry into the role of sports administrators during apartheid in terms of the TRC Act, which allows the Minister of Justice to appoint special inquiries subsequent to the winding up of the first commission.