THERE is no evidence that the Ruperts were during the 1980s, for all intents and purposes, in favour of anything more than apartheid euphemism and cant — the shallow transformation which characterised PW Botha’s much-vaunted tricameral Parliament and which for a short time, allowed for separate houses of parliament for citizens classified as Indian and Coloured. This while maintaining a bantustan system which disenfranchised, de-emancipated and dispossessed black South Africans.
The families’s own submission to the Truth & Reconciliation Commission demonstrates a willful obfuscation of the truth, and despite elegant pleading, contains a number of half-truths and a strange anomaly. On the one hand, it is claimed that they were opposed to apartheid which they considered ‘an immoral, oppressive attempt at social engineering’ and consequently had chosen the path of ‘loyal resistance’ to ‘fight the system from within’, writing letters to NP officials stating that apartheid in its then form, was unsustainable since the Afrikaner was being crucified: “it is destroying our language, it is degrading a once heroic nation to be the lepers of the world.”
On the other, the submission, fails to explain what they were doing inside the system, in the first place, and thus why Rupert maintained a loyal membership of the National Party to the very end, refusing to break ranks by siding for instance, with the then all-white opposition Progressive Federal Party? A party which as its name suggested promoted a federal solution and held seats until 1989 when it became the DA?
Johann Rupert (JR) went so far as to claim at the TRC, that he was unaware of any financial contributions to the National Party, despite there being extensive evidence of his corporate involvement with the system. His assertions have not been tested in a court of law. This despite Remgro (former Rembrandt Group) being fingered in an apartheid bail-out scandal.
The letters between Anton Rupert and various National Party leaders such as PW Botha, all point to the fact that the Ruperts business partners included apartheid finance minister Owen Horward and titular head of the country, Nico Diedrichs. Far from advocating a ‘one-person, one vote’ democracy and majority rule, as Johann Rupert would like us to believe — which would have made him a champion of the cause and policies of the ANC and PAC — the truth is rather different.
The Rupert’s though critical of the policy of separate development, instead advocated a form of “Volkstaat” in the form of a Swiss Canton System, which would have kept large swathes of the country under white rule. The logical extension some might say to the policy of apartheid bantustans, and which would, in the Rupert’s view, have been maintained in comparison to the federalist position, a position which resulted in the system we have today.
In essence they had argued for a more refined version of the plans laid out by the infamous Rubicon speech of PW Botha, a proposal which would have maintained the boer republics of old, had it not been for the guarantees on property rights issued by the ANC.
This telling fact can be seen at pages 288 and 289 of Anton Rupert, a Biography by Ebbe Dommisse.
Johann has gone so far as to claim at the TRC and without any evidence, that he had the confidence of the BC leader Steve Biko, whilst he was head of student organisation SASO, but has shied away from quoting his own father on the subject of what was to be done about the situation. Significantly, JR dropped out of university to pursue a career in business and did not figure in university politics.
The Pan Africanist Congress (PAC) on Monday said “Biko never even met Rupert and they have records of the Struggle icon, which will back this up.” Medialternatives has covered previous Rupert gaffes, such as his specious claims about being on the receiving end of Magnus Malan’s death squads.
To say the Ruperts were “openly critical of the apartheid system, both at home and abroad” as a current article on Wikipedia does, and that they have been lauded by President Thabo Mbeki for calling upon the Apartheid leadership to “do something brave” by creating a partnership with the black majority in the ’80s,” ignores the fact they were the financiers behind apartheid, and consequently demonstrated an absence of any tangible and practical support for democratic forces within and outside the country. Witness the sad fact of their proposed ‘canton model’, the self-same politics which produced the white enclave of Oranje.
One does not therefore, hear Johann Rupert taking any credit for this small and somewhat discredited achievement, and his submissions to the TRC as a cherry-picker of facts, surely need to be revisited, if only to set the matter straight. If anything JR, like his father, favoured a gradualist approach to the problem of loss of white minority power, preferring a plan which would have maintained the status quo indefinitely had it not been for the momentum of history which resulted in the CODESA negotiations.
Bear in mind that it was Verwoerd, the architect of grand apartheid who explained apartheid as simply ‘good neighbourliness’, and who like Rupert snr, was more than prepared to accept that all human beings are equal, so long as race segregation and partition of power could remain in place. The ‘separate but equal’ madness of the multiracialist school of thought, which epitomized the regime’s many racist adherents.
Neither completely ‘verlig’ nor totally ‘verkrampt’, as the Afrikaans terms of the day for liberal and conservative suggest, Rupert is better cast as himself, in an obscene privileged position, pulling the National Party purse strings as it were, whilst maintaining his own ill-gotten advantage — all-important brokers behind the apartheid system. An unmatched aegis without which nothing would have happened at the negotiating table.
Far from being allies of opposition politics as some would have it, nor positioned like myself and many of my fellow South Africans, within the internal and external freedom struggle, the Ruperts, were in reality part and parcel of the apartheid state apparatus to the very end, negotiating a deal, which resulted in an interim constitution and various ‘sunset clauses’.
In this respect they benefited immensely as kingpins, financiers and powerbrokers from the super-exploitation of labour which continued past 1994, so too the sanctions busting era, which occurred alongside the dirty tricks campaigns against opposition leaders and the likes of Winnie Mandela. After their successes in global financial circles, to their own benefit and the benefit of the NP, the Ruperts bailed out apartheid’s banks to form Amalgamated Banks of SA, giving the lie to claims made about the lack of money available for such an endeavor.
The Rupert hagiography, refers to humble beginnings in the Tobacco industry. JR, is current chair of several JSE listed companies, including Richemont, Reinert, Remgro and Mediclinic. The truth behind the apparent success — the family succeeded in extracting capital garnered from the Rupert’s cosy relationship with the state, (State Capture 1.0) and with the help of Horward and Diederichs, achieving the truly remarkable — sequestering apartheid slush money in Switzerland, while granting an unfair advantage when it came to the post-democratic period.
This is quite the opposite of the strange claim that there were ‘no sweetheart deals’ with the regime.The Ruperts are named in the CIEX report commissioned in 1997 to investigate the theft of R26 billion of state money during apartheid.
In 2017 Medialternatives exposed a cartel active within South Africa’s media, the result of a cross-networked entity with Rupert at the helm, and with assets comprising investments in Remgro, Kagiso, Caxton and Naspers. The resulting corruption and influence peddling, included the rigging of a 2010 labour case involving Media24 — a company which had previously attempted to gag me from speaking out about racism, race profiling and de facto newsroom segregation at its community newspapers division.
The case remains unresolved.
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.
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.
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
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.
IT WAS bound to happen. The bizarre situation in which two apartheid-era springboks were taken to task by a post-democracy Springbok, over racism, quotas and paternalism. Followed by the media spin driven by Multichoice Supersport whose holding company Naspers refuses to come clean over its role in promoting separate development, race classification and segregation during the apartheid-era.
Naspers the company which owns Multichoice, ducked the subpoena handed out by the TRC to its former-director PW Botha, refused to participate in the media hearings at the commission, rebuked a group of journalists attending in their private capacity, and instead has stuck to a version of history that is anything but an accurate and fair depiction of the times.
After effectively being found guilty of gross violations of human rights by the commission, and thus a report which records “a total lack of concern for the company’s support of the racist system” (Volume 4 of the Final TRC report), the company proceeded to deny the reality.
“I worked hard to earn my own respect in this game… so, I’m not going to be patronised by two individuals who played in apartheid – a segregated era – and come and want to undermine… people” said Ashwin Willemse after a match last month between the Lions and the Brumbies.`
The Supersport public relations machine immediately went into overdrive. Holding their own internal inquiry, the company casually announced yesterday that it had found that “there was no racism involved in Ashwin Willemse walking out from an on-air broadcast” in the process exonerating Nick Mallett and Naas Botha, two darlings of the apartheid regime.
Apparently SuperSport CEO Gideon Khobane maintains the group was cleared by Advocate Vincent Maleka, and thus presumably a member of the Bar. The result is anything but an open inquiry before an independent tribunal, and echoes similar statements by manager Ishmet Davidson, who claimed on air the entire group had been cleared by the TRC back in the early 90s.
Davidson’s 2015 comments followed a case-limited apology issued by Media24 CEO Esmarie Weideman citing only one instance in which a ‘coloured employee’ had experienced difficulties with separate facilities.
Talk about undermining the Truth. Willemse did not participate in the internal review for obvious reasons. The attempt to legitimize apartheid-denial by acting as sole arbiter of apartheid history, must be rejected for what it is, a total sham.
Willemse’s lawyer Nqobizitha Mlilo told SAFM radio host Tsepiso Makwetla on Wednesday morning that Willemse “did not see any value in participating with the process” because the rugby analyst had already expressed his views …”
“We expressed a view to Adv Maleka SC that he (Adv Maleka SC) was being used to sanitise and chlorinate failures by SuperSport to deal with a number of reported incidents of racism by the gentlemen in question‚”
DISCLOSURE: The writer is currently suing Naspers via the Equality Court and is awaiting the outcome of a case brought against Legal Aid South Africa in this regard.
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.