Tagged: TRC

South Africa’s judiciary, too many gone to the dogs?

IF THE probe of 5 Kwazulu-Natal judges fingered in a UK investigation of a $2 trillion-a-year (R28 trillion) money-laundering ring isn’t enough to grab your attention, or the revelations of judicial impropriety, influence-peddling and nepotism levelled against Western Cape High Court Judge President, John Hlophe by Deputy President Patricia Goliath, doesn’t get your goat. Then surely, the revelations before the Aggett Inquest by Advocate Howard Varney of state capture of the justice system is certain to raise your ire?

The problem is a lot more widespread than reported, (see my comments below). In his opening remarks before the court, counsel for the Aggett family, Howard Varney, said the Aggett inquest has “been plagued with ongoing delays”.

“We now know that post the winding up of the TRC [Truth and Reconciliation Commission], decisions were taken at the highest political level to close down the investigations into the cases referred by the TRC to the NPA … including the Aggett case.”

“Such interference” he says “amounted to state capture of the criminal justice system in relation to this class of cases. It allowed powerful forces in society to impose their will on institutions meant to uphold the rule of law. In doing so they guaranteed total impunity for some of the most serious crimes ever committed in South Africa.”

As a post-TRC litigant I can confirm the extant of the capture of the judiciary by nefarious forces associated with the past regime.

Not only has pressure been brought to bear, to influence the appointment of judges, as in the allegations against John Hlophe, while criminal syndicates are allowed to operate out of courts as alleged by civil rights group Constitution Accountability, Sedition, Independent, State, Access (CASISA), but both the NPA and judiciary have actively suppressed the TRC transitional justice mechanism, acting as if the judicial instruments of the apartheid state are somehow concurrent with the constitutional dispensation.

What appear to be a series of boardroom deals brokered by apartheid financier Johann Rupert and members of the Sisulu family during the CODESA negotiations have directly lead to the situation —  one in which Rupert Bellegings Pty Ltd, the ultimate controller of a vast media cartel involving businessmen Koos Bekker, Ton Vosloo and Terry Moolman and invested inter alia, in Remgro, Kagiso, Caxton and Naspers, was able to suppress a TRC-complaint before the Labour Court and by implication, the Equality Court.

The direct capture of the Labour Court was most certainly effected via a company known as the Resolve Group, whose director at the time Michael Halton Cheadle also held a directorship at Cheadle Thompson, Haysom (CTH). The respondent, Media24, a company which had previously attempted a gagging order, for my blowing the whistle on newsroom racism at WP Koerante, the owners of the People’s Post. Media24 were at the time clients of CTH at the same time that both Kagiso and Remgro were providing media content to MIH, a subsidiary of Media24.

In papers before the Cape Law Society, Cheadle acknowledged Media24 was a client of his law firm, but failed to explain why he had not revealed this fact on record before the court. He further attempted to justify his relationship on the basis of a decision in Bernert vs Absa Bank in which a judicial officer’s holding of over-the-counter (OTC) shares of the bank, during the proceeding, had been found to be de minimus, in other words not significant enough to effect the outcome. 

Far from being insignificant,  Cheadle’s shareholding flouted the ‘nemo rule’ (nemo judex in causa sua), one of the pillars of our justice system.

Kagiso then owned a 25.9% stake in Resolve, alongside former speaker for the House of Assembly Max Sisulu (5.7%). In 2005 Remgro (formerly Rembrandt Group) bought a 37% stake in Kagiso (reduced to 36.3% when Kagiso-Tiso was formed). Significantly this meant that a company with strong ties to apartheid, bought into a group associated with the former democratic struggle, in the process making good on a business relationship which had bloomed during the CODESA process.

Several partners at Resolve had ties to Media24 and/or CTH and/or the ANC, including Peter Harris, Nicola Galombik, and Murphy Morobe.

Galombik at the time was the executive director of Yellowoods, then majority owned by TBWA Hunt Lascaris who listed Media24 as a client. (“TBWA Media24 showcase”)

The NPA have declined to prosecute a complaint, after a docket was handed to the authority. The JSC appears to be toothless according to William Saunderson-Meyer. 

Further allegations against Hlophe have surfaced in a piece by the Daily Maverick.

In March of last year, AJ Martin handed down a racist decision trashing the TRC report, “as too long to read”, in the process crushing hopes of legal representation in a collateral matter before the Equality Court brought to defend the TRC from vicious attacks emanating from Naspers and Media24 counsel. (please see my open letter to the TRC Commissioners). The unlawful, irregular and repugnant Labour Court finding most certainly played a part in the outcome of Lewis v Legal Aid SA.

Records from the trial of General Magnus Malan, a Pretoria secureaucrat implicated in apartheid death squads appear to be  missing from the South African legal information institute database.

This week, the official opposition party, DA called for John Hlophe to be immediately suspended, as did National Association of Democratic Lawyers (NADEL) and Freedom Under Law (FUL). John Steenhuisen said the allegations faced by Hlophe were a threat to the credibility and independence of the judiciary at large, and said they had to be taken seriously. Constitutional law scholar Pierre de Vos is also talking about a “credibility crisis” as is Legalbrief, an online law professions site.

“The current head of the Western Cape High Court is compromised. Until such time as a proper investigation is completed and all consequential processes – which may include impeachment – are completed, Judge President Hlophe cannot be allowed to exercise the powers of a judge,” said Nicole Fritz, Executive Director FUL, in a statement, supported Nadel’s call for the suspension of Hlophe.

The same principles should apply to  allegations emerging from the Aggett inquest, in particular the latest revelations that it was a piece of paper provided by Barbara Hogen, which lead to the arrest of Aggett.

Ethical norms, not political compromises, should also apply to those behind the campaign against the TRC being waged with the full support of a captured judiciary.

As former solicitor-general under Reagan and Harvard Law Professor Charles Fried said of Trump: “You lie down with dogs, you get up with fleas.”

 

Remgro Organogram showing 36.3% Kagiso-Tiso holding

Kagiso Asset Management Organogram, showing Remgro 32.6% holding of KTH

 

 

 

 

 

 

 

 

MORE READING:

https://ewn.co.za/2020/01/22/spat-between-deputy-judge-president-goliath-and-judge-hlope-plays-out-in-public

https://www.news24.com/SouthAfrica/News/goliath-vs-hlophe-deputy-claims-cape-judge-president-wanted-judges-favourably-disposed-to-zuma-on-nuclear-deal-case-20200121

https://www.politicsweb.co.za/opinion/the-problem-isnt-hlophe-its-the-jsc

 

 

 

 

 

Following Reconciliation Day, an open letter to the TRC Commissioners

Messers Desmond Tutu, Sisi Virginia Khampepe, Wynand Malan, Yasmin Sooka, et al.

Dear Commissioners,

I write this letter having had good cause to reflect upon several events of this past year on Reconciliation Day.

It should be noted that Reconciliation Day, formerly ‘Day of the Vow’, or ‘Day of the Covenant’ or ‘Dingaan’s Day’ became the source of some controversy this year when a well-known pastor made a reference to the Covenant within racist terms that brought back memories of the quasi-religious holiday commemorating the ‘Voortrekker victory over the Zulus at the Battle of Blood River in 1838′.

As a secular humanist of Jewish origin, I have on more than one occasion, rejected theological justifications for race segregation, in particular the apartheid euphemisms used to justify separate development as a mere ‘accident of nature’, or a ‘miracle of sameness’ and the like.

My beliefs and faith (or lack thereof) unfortunately became the subject of a race-based interrogation of my Jewish identity during the course of an unfair proceeding in 2010 in which absolutely nothing was done to protect my rights. The least of which is that the TRC itself was under the machinations of senior council reduced to ‘merely a commission’, and your report ‘merely a report’. And where those selfsame euphemisms were trotted out to justify racism.

It was thus within a bizarre inversion of reality, that I was deemed not to ‘be a credible person’ on the basis of my ‘opposition to apartheid’, by a corrupt adjudicator presiding, it appears, without the necessary authority, over a matter effecting not only his own client, but also his business partners. All explained away in a report to the Cape Law Society in which a corrupt relationship is justified on the basis of a decision in Bernert v Absa Bank Limited.

The labour proceeding against Media24, was anything but a fair hearing, an ‘irregular proceeding’ if you will —  not only did I not possess an attorney (following the group’s 2007 gagging attempts which put paid to my legal insurance), but I was further restrained from calling any witnesses. I was therefore not present when the decision was handed down, was not granted leave to appeal, nor did I secure a successful petition to appeal to the Labour Appeal Court.  This after the respondent’s ecclesiastical case alleging inter alia, I was more than simply a “Jew in breach of my religion” but also ‘guilty of driving a car on a Friday night, and/or attending a mixed race nightclub apparently in violation of my religion’. Nothing less than a piece of savage quackery, written up by the respondent and cut and pasted, and handed down as the purported decision of the court.

In 2015 I thus filed a distantly related complaint before the Equality Court against then Min. of Justice Micheal Masutha and also Naspers, the holding company of Media24, citing the former’s failure to exercise powers in terms of the TRC Act and thus the astonishing failure of the TRC Unit to defend both the TRC and its recommendations from ongoing acts and omissions in the face of racism and a culture of impunity.

My filing sheet thus also listed an apartheid media company named as a ‘gross perpetrator of human rights violations’ in the final report that all TRC commissioners signed off on. It was filed two days before Media24 issued a mea culpa to the heavens referencing one case-limited example of a single ’employee of colour’, Conrad Sidego, who had apparently experienced problems with separate amenities.

It further went on to list several shortcomings of the first TRC, in particular the failure to deal with extra-curial evidence — evidence arising after, and subsequent to the first commissions winding up. It noted other failures, including errors with acronyms, Congress of South African Writers ( COSAW) is not Congress of South African War Resisters (COSAWR).  It may be demonstrated that TRC One represents the absence of an in-depth inquiry into the role played by women, war resisters, the struggle press, the environmental movement, the use of technology by the state, coercive psychiatry and so on.

Despite the merits of the case,  I once again found myself in court sans attorney and I was eventually granted leave to formerly seek legal aid by Judge Bozalek after the Equality Court had previously acted under Judge Veldhuisen to deny me access to legal aid.

I thus sued Legal Aid SA in a collateral matter before the High Court, Western Cape, which took some three years of my time.

It was more than a little alarming to find that in the interim, ‘apartheid memory’ had been relegated to the dust-heap by our judiciary, alongside our constitution. That portraits of apartheid and colonial judges still hung from chambers, and AJ Martin of the High Court of SA, now agreed with a racist merit report by John van Onselen, of Legal Aid SA, stating in his decision of 2019, that he was now ‘entirely satisfied that the TRC report would take a long time to read, and may thus be ignored’.

Despite my application for leave to appeal the racist decision, and despite oral testimony citing the High Court’s misreading of the Separation of Powers, (Legal Aid SA is not a constitutional entity as such, but rather directly answerable to parliament — a result of the Legal Aid Act, which makes LASA subject to the Public Finance Management Act, as a Schedule 3 entity alongside Boxing SA) both the application for leave and for Martin’s recusal from the proceeding were rejected out of hand. In the process a racist exclusion to the Preamble was created, one which has had the deleterious effect of derogating rights commonly held under our constitution.

As we near the end of 2019 following a troubling period in which several well-known activists of my generation have passed away, including Peter Horn, Sandile Dikeni and Ben Turok, I find myself reaching out to a public case that has been at the back of my mind ever since the TRC Report was released.

Surely, you as commissioners knew that when you signed your name to the report, that it was an incomplete report at best, and would require further redress in the future?

Surely,  you as commissioners, knew that when the TRC Act was promulgated under the interim constitution, that it was a necessary pre-condition for the constituent assembly to pass Act 108 of 1996, in other words our Constitution, whose Preamble says, ‘recognising the injustices of the past’?

Surely, TRC commissioners are aware that if you did not broker any guarantees from the state, to make good on the recommendations issued that you would be opening the doors to accusations that you are yourselves complicit in a crime against humanity and the after-effects thereof?

Surely you as commissioners are aware that in doing nothing except write letters to our President, of which there have been quite a few following the winding up of the first inquiry, that you would indeed, stand accused, as you do now, of doing absolutely nothing of any consequence to uphold the legal framework upon which the entire transitional justice arrangement was based, and that anyone wishing to bring civil litigation to defend rights in law is now faced with the odious task of defending the public record left by yourselves?

I therefore have no hesitation in stating here on Reconciliation Day, that the current TRC process is an abject failure.

Not simply because of the conduct of the Minister’s TRC Unit, but because of the collective conduct of the TRC commissioners.

Instead of defending the report to which you have placed your signature, you have instead been regaling all and sundry on the joys of turning the other cheek, travelling the world like religious pilgrims claiming to have discovered a novel process of reconciliation.

Engaging conference after conference and airtravel that merely pumps out CO2 while promoting your own estate as a national treasure and depriving the victims of restitution.

Those persons like myself, who were never called to testify, and yet suffered the consequences of apartheid dirty tricks need to be told the truth.

Future generations and ordinary South Africans need to be told the truth of what has occurred in the name of the TRC and in the the name of justice.

I beg your forgiveness, as fellow citizens, it may no doubt still be in the public interest to motion for yet another TRC process, TRC Two.

Sincerely yours

D R Lewis

 

SEE: Corruption could undermine the integrity of SA’s legal profession

SEE: Mogoeng Mogoeng’s lack of judgment

Is it time to see Koos Bekker in an orange suit?

AN OP-ED in today’s Business Report asks the question: ‘is it time to see Koos Bekker in an orange suit?’ Sizwe Dlamini writes, “Naspers and Media24, by their own admission, were responsible for actively supporting the apartheid government. Naspers benefited by receiving textbook contracts as well as television licenses in exchange for hiding from the South African public the atrocities and destruction which the apartheid government put black people through. We know that these executives, along with their friends during apartheid, stole tens of billions from South Africans. This is fraud and corruption on a scale, which is far greater than that which Basson refers to.’

‘The ultimate irony of the new South Africa is that Naspers remains the largest dominant media company – the apartheid era from propaganda remains the dominant propaganda machine today. No other country or society in the world would have ever allowed a business such as Naspers, which was wholly complicit in apartheid-era crime and corruption, to exist today.’

Dlamini’s piece fails to mention Naspers opposition to the TRC, Naspers corruption and unlawful capture of the Labour Court and as a result the High Court. Naspers fraudulent and unlawful race-based 2010 inquiry into my own Secular Jewish identity and also repugnant interrogation of my struggle history, Naspers and its relationship to Remgro, and the questionable post-Codesa purchase of Kagiso and the resulting pathetic racist media cartel which runs a significant portion of SA media at the behest of apartheid bosses Bekker, Moolman, Rupert and Vosloo.

Read more here

 

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

Fact check: Rupert’s Alleged Opposition to Apartheid debunked

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Graphic attempting to show some of Rupert holdings, source Twitter

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.

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.