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 ago‘, is 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
LAST week the Competition Commission announced that it was investigating 28 media companies, including Media24 for collusion on advertising pricing, and that Caxton and Independent Media had already pleaded guilty and/or had paid fines. The investigation avoids the troubling impact of cartel behaviour already demonstrated and reported here and here.
While some may accuse the CompCom of casting its net too wide, it is most certainly picking low-lying fruit and scratching the surface. One can only hope that its next port of call is to investigate the over-concentration and cross-ownership which is stifling journalists and readers alike.
Cartels and monopolies are not simply bad for business and competition but create the situation where news itself is overly centralised and where public opinion is subject to newsroom censorship. The result is bad for democracy and the outcome, the manufacture and manipulation of public opinion, unacceptable in a constitutional state.
THIS week saw apartheid media firm, Naspers in the news with a fresh scandal, large enough to top any previous peccadillo. The sheer amount of opinion pieces generated by South Africa’s media, and the scale and tone of the inquiry into the press is quite impressive. It marks a turning point insofar as a shady history of decades long immunity from criticism is concerned.
At first, the opposition Democratic Alliance, once staunch allies of the firm, but now in a marriage of convenience with the EFF, sought to buttress growing metro and provincial leadership by exposing what appears to be another influence peddling scandal.
The story was quickly picked up by technology and business sites, Business Tech “R100 million influence” MyBroadband “diabolical and secret R550 million” and Business Live “sabc greasing”, showing some disparity in the figures and eliciting Hlaudi counterspin from IOL and a series of Alec Hogg advertorials on Moneyweb “reports malicious” “Naspers not concerned” and also Business Live “not involved”
That Multichoice is involved in a number of corrupt political deals harks back to the founding of the pay channel company under Naspers director PW Botha. The story is not unique so far as this outlet is concerned.
The company simply moved from state capture under the National Party, to state capture under the ANC. All documented here. Massive pay-offs to those in power with the ability to make decisions, appears to have been the norm. Significant too, are the latest attempts by Naspers subsidiary Media24, itself involved in a variety of scandals, to dodge the broader implications of its boardroom being interwoven with a “corrupt nexus” involving Multichoice, to use former editor of the Weekly Mail and adjunct professor of journalism Anton Harber’s term.
Harber who recently moved from his academic post to eTV, an entity itself involved with Multichoice (via Remgro and Kagiso), a little out of character but unsurprisingly given his recent tenure, appears to have equivocated on the issue by writing what can only be termed a Daily Maverick fluff piece in defence of Naspers, urging the company to face up to the charges while painting a picture of an apartheid firm which miraculously transformed itself.
The piece is unfortunately devoid of facts and appears to ignore my own case against the company, and thus the belated apology issued by CEO Esmerie Weideman. Advertising agency executive Deon Wiggett wasn’t having any of this. The founder and creative director of Fairly Famous, “a progressive advertising agency” didn’t buy the spin doctoring and produced what can be called the best roasting of Koos Bekker in the press yet.
The Naspers board issued a statement, proclaiming their 80% owned child to be autonomous, with their shared directors ring-fenced on paper by the law, while major Naspers shareholder Sanlam issued a similar denial of responsiblity. Bob van Dijk’s “its not our problem” defence in this regard can only be described as bizarre.
US law firm Pomerantz announces it is investigating Naspers on behalf of Paypal investors, for securities fraud.
FIN24, the Naspers-Media24 financial news site has been found guilty on one count of copyright infringement.
The South Gauteng High Court found that Fin24 infringed the copyright of one Moneyweb article in 2013, after copying and republishing a substantial part of an original article, and was ordered to pay damages to Moneyweb.
Judge Daniel Berger did not find similar infringements in six other articles and ordered Moneyweb to pay 70% of Fin24’s costs.
These were the main findings in the copyright infringement case Moneyweb instituted in 2013 against Fin24, after Fin24 copied and republished content from various Moneyweb articles. Moneyweb argued that copyright was infringed in seven articles.
Damages in regard to the infringement have yet to be finalised.
You can read the rest of the Moneyweb side of the story here.
And the extraordinary article published by Fin24 claiming it isn’t guilty at all.
WHAT is more embarrassing than Kohler-Barnard tweeting about PW Botha?
SANEF and the Minister of Justice supporting the career of PW Botha at Naspers.
Both parties (Justice and Naspers) have acknowledged papers served in a case before the Equality Court EC19/2015. The case has been brought in terms of the Equality Act, to restore and preserve the TRC Final Report as evidence before the courts, in a suit following the trashing of the report by representatives of Naspers in 2010, which, in and of itself, is a form of unfair discrimination.
The TRC Report details Naspers’ gross violation of human rights of persons such as myself, during apartheid, but was rejected as evidence by Acting Judge Cheadle. The subsequent campaign of opposition to the outcome of the commission was also presented, and now forms part of a broader case of discrimination, flowing from the “repetition of errors” documented by the commission.
Kahanovitz SC previously hauled posts from Medialternatives into the courtroom, in order to demonstrate that, apparently I have a “vendetta against his client” and an ongoing campaign against apartheid, in search of the truth. He is now facing a disciplinary hearing before the Cape Bar Council because of his over-zealous interrogation of my Jewish identity, amongst other things.
In May 2010, Cheadle proceeded to deliver a judgement against me, in my absence, on the basis of my opposition to racism and apartheid. The criminal investigation into his affairs, in particular, a labour brokerage firm with strong ties to Naspers, is now pending a review before the NPS.
Here are links to the documents which have been lodged before the Equality Court