You’re living in the wrong country Mr Cheadle

SOUTH AFRICA’S corrupt legal authority Halton Cheadle is at it again. Readers may remember the erstwhile ‘labour czar’, a man who in 2010 sought to determine a labour court decision in favour of his own client and business associates, in the process shooting down the TRC Report and inter alia altering this writer’s religious affiliation to conform to an absurd decision, one inverting the very facts of apartheid.

Cheadle, who is no longer a director at the law firm bearing his own name, appears to believe article 12 of our constitution is no major impediment to vaccine mandates. Article 12 guarantees the ‘right to bodily and psychological integrity’, which includes the ‘right to security in and control over the body’; and the right ‘not to be subjected to medical or scientific experiments without informed consent’.

In an interview broadcast on eTV last night, Cheadle made out a case for vaccine mandates which boil down to a resort to his own authority, or what is commonly referred to by scholars as an ‘argumentum ad verecundiam,‘ i.e. a form of fallacy in which the opinion of an authority on a topic is used as evidence to support an argument.

In support of his assertions which boil down to changing the democratic character of our democracy in favour of a totalitarian state, Cheadle then trots out the well-worn argument that vaccines have been ‘effective in countering smallpox, polio and diphtheria’. All good and well, until one arrives at involuntary vaccination.

In the interview, he appeared anxious to meet any religious objections.

Cheadle should know that the only case precedent in favour of mandatory health interventions apply to prisoners and state patients, and Medialternatives has covered similar ‘rubbish posing as legal opinion’ in the public domain and put forward by one Pierre de Vos ( please read my response).

De Vos is known to often resort to a common fallacy namely obscurum per obscurius or ‘rendering the obscure more obscure by reference to obscurity’.

While de Vos avoids examining the evidence for universal vaccination and Cheadle appears to be reading CDC newsbriefs alongside Glenda Grey (see my follow up post), both scholars have not bothered to record, nor deem it fit to tackle legitimate public and human rights concerns.

For instance concerns articulated by demonstrators over the weekend regarding both the efficacy of current vaccines and the long term effects and safety of mRNA dosing.

For the record, I have vaccinated with the Pfizer jab, am in favour of vaccination and immunisation as a form of positive discrimination in labour law but draw the line when it comes to removing patient consent.

South Africa has an egregious and tragic history of involuntary psychiatric treatment of political dissidents, torture as treatment, forced gender re-assignment, and medical experimentation and sterilisation programmes aimed at reducing the black population.

Cheadle is an embarrassment to both UCT and all the victims and survivors of apartheid.

He certainly should not be practising law, let alone making pronouncements on eTV that seek to strip citizens of individual and personal autonomy, not to mention human agency.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

Hertzogate: No evidence tobacco assists patients with respiratory illness

COLUMNIST Mandy Wiener has written an opinion piece for News24 entitled: ‘The case for lifting the cigarette ban’ Her central thesis is that the ‘prohibition on smoking tobacco merely drives the practice underground’. While Wiener appears to grasp some of the health arguments being touted by the Dept of Health, she appears to be in plain denial of the consequences:

“We understand that research globally shows that those with underlying conditions are more likely to be susceptible to Covid-19.”

“The working premise is that this also applies to current smokers. It is therefore safe to assume that government has implemented the ban to stop people from smoking so it reduces their risk if they contract the virus.”

It is highly irresponsible for a columnist to be advocating a return to smoking tobacco as usual during a global respiratory disease epidemic, in other words a pandemic of respiratory illness.

Wiener then further states “According to the WHO, ‘Smokers are likely to be more vulnerable to Covid-19 as the act of smoking means that fingers (and possibly contaminated cigarettes) are in contact with lips which increases the possibility of transmission of virus from hand to mouth. Smokers may also already have lung disease or reduced lung capacity which would greatly increase risk of serious illness.”

The insinuation is that smokers simply need to stop sharing their fags. Instead of drawing rational conclusions from her observations, she casts doubt and proceeds to make an irrational case for the lifting of the ban.

For starters, it must strike readers as a tad too convenient for Wiener to assert at the beginning of her piece that she has ‘no personal investment in this matter’. The claim is rather disingenuous since it is predicated upon the supposed independence she enjoys from her publishers and the tobacco industry. Two claims which are demonstrably false.

Wiener’s column is published in a Naspers-controlled News24 media outlet, one heavily invested in by the self-same Tobacco Industry,  if not outright controlled by those with extensive tobacco-related investments.

Medialternatives has previously covered the manner in which apartheid financiers Rupert Beleggings Pty Ltd, the real  brains trust behind Naspers, and the ultimate control behind a cartel actively involved within South Africa’s media, is also involved in capture of our justice system.

Readers however may be unaware of the manner in which the Rupert dynasty rose to fame and fortune via its stake in the tobacco industry. Orchestrating the outright purchase of Rothmans International in 1953. The biography of Anton Rupert, written be Ebbe Dommisse and Willie Esterhuyse covers the meteoric rise of the ‘Rembrandt Tobacco Corporation’, devoting an entire chapter to what they term ‘the birth of a masterpiece’.

The corporation founded in 1946 initially focused on tobacco and alcohol but later became the saviour of apartheid financial institutions.

JBM Hertzog, National Party & Naspers founder

A launchpad for the careers of prominent National Party members including Chris Stals, and Nico Diederichs. Dan O’Meara’s book Volkskapitalisme asserts that the Broederbond connection was vitally important to the early development of Rembrandt, as too it was in the formation of Naspers. The Hertzog’s were instrumental in the creation of both Naspers and Rembrandt. Two corporations which rose alongside the National Party itself, and whose founder-in-chief was none other than J B M Hertzog. The book further details various intrigues involving cousins Dirk and Albert Hertzog, Owen Horward and Anton Rupert.

It may be demonstrated, that the Tobacco industry, the same industry behind second-hand smoking and apartheid, is also behind climate change denial. A fact documented by science historians Naomi Oreskes and Erik Conway in their book Merchants of Doubt: How a Handful of Scientists Obscured the Truth on Issues from Tobacco Smoke to Global Warming. Oreskes and Conway write that a handful of politically conservative scientists, with strong ties to particular industries, have “played a disproportionate role in debates about controversial questions”. The authors write that this has resulted in “deliberate obfuscation” of the issues which has had an influence on public opinion and policy-making.

It is not all that surprising that the selfsame industry is behind science denial and censorship in the Coronovirus Pandemic.

The Tencent WeChat system for instance has been accused of censoring Coronovirus Content in China. Naspers exercises minority control of Tencent via its 73% control of subsidiary Prosus, a company which in turn owns 31% of Tencent.

Citizen Lab, an interdisciplinary laboratory based at the University of Toronto, has released an analysis, showing censorship around the coronavirus on WeChat and YY — a Chinese livestreaming app similar to Twitch. The lab found that ‘both platforms began blacklisting terms related to the virus as early as the last week of December 2019, when Chinese health officials first reported an unknown pathogen spreading through the country’s hospitals.’

The self-same supposed rational gatekeepers have previously resorted to Anti-Vax propaganda. Most recently targeting philanthropist Bill Gates in the aptly named Gatesgate in which News24 editors were forced to publish lengthy retractions.

There is no evidence Bill Gates has ever advocated vaccine trials in Africa. He has instead donated much needed drug assistance to various institutions whilst funded various philanthropic initiatives which will hopefully bring post-trial Covid-19 vaccines within the reach of consumers.

British American Tobacco (BAT) part owned by Rupert’s Reinet Investments, claims it is working on a potential Covid-19 vaccine using its biotechnology subsidiary Kentucky BioProcessing (KBP). It is claim met by a great deal of scepticism and suspicion.

There is also no evidence that Tobacco assists in recovery from Respiratory disease, quite the contrary. Tobacco has been shown to cause cancer and cardio-respiratory illness.

The U.S. Food and Drug Administration this week made a second revision on its stance about the risks of Covid-19 and nicotine, saying that cigarettes also increase the chances of catching the disease.

“People who smoke cigarettes may be at increased risk of infection with the virus that causes Covid-19, and may have worse outcomes from Covid-19,”


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