THE past week has seen movement by the NPA on several TRC cases. Some might say better late than never, but its still an uphill task getting the NPA to make good on the recommendations of the commission, not to mention our own difficulties in gaining access to justice in a civil case brought to defend the final report from a dirty tricks campaign which includes public denials that the perpetrators were ever inculpated.
Can the NPA save face on unresolved apartheid deaths? writes Tyrone Smith
Reconciliation as we knew it then (mid-nineties) is overworked. The challenge now remains – how do opposing groups dialogue and overcome the structural divides, writes Leon Wessels.
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
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.
READERS may remember the controversy surrounding the banning and destruction of material published by Medialternatives. In particular the circumstances surrounding the elimination of my book review of A Secret Burden by none other than M&G editor Ferial Haffajee.
The book itself was a collection of prose and poetry “written anonymously by young, white South African conscripts deployed during the so-called ‘Border War”, and my review brought attention to the problem of embedded journalists, the manner in which the SADF had literally paid for material published by the former Argus Group and Naspers, in the process lavishing pro-War attention via Scope, Sarie and Huisgenoot.
It is telling that in the aftermath of the Winnie Stratcom revelations, that one Terry Bell, lately of Media24, another outlet responsible for the destruction of material, including photographic images, is defending the track record of journos implicated in dirty tricks, at the former Argus Group, whilst referring to a list of as yet unpublished names. According to Bell, the problem remains, that State operative, turned TRC witness, John Horak is also dead. We beg to differ, since the TRC report exists, alongside credible records still in the possession of the commission, entered into evidence but only referred to in passing by the final report.
Readers should therefore be reminded that the following testimony does appear in the TRC report into the media under apartheid. One can only hope the Minister of Justice will take the opportunity, presented by the passing of Winnie Madikizela-Mandela to release evidence which are now classified documents. Information referred and alluded to in testimony to the general public, if only to set this matter straight. The group photo opportunities taken during the Border War, for which many journalists accepted junkets, will certainly make for interesting documentary and archival history on the subject, whilst providing all-important context:
“Williamson gave information about another STRATCOM-type operation which involved taking senior members of the media to Special Forces bases on the South African border for a bosberaad with the highest ranking officers of the military and intelligence agencies. The state’s relations with the media were, he said, seen as a “macro continuum” from the owners of the media, to the editors who controlled the newspaper, right down to the dustbin cleaners who cleaned the dustbins at night and stuffed material in an envelope to be collected by agents.” TRC Report Vol 4, Ch6, para 68, pg180
“Williamson also provided a photograph, taken on the Angolan border in July 1987, which contained virtually the entire general staff of the defence force, various government ministers and staff and Williamson himself, together with a number of highly placed journalists. The focus on that occasion was how South Africa and the newspapers would respond to what the Soviets were doing in Angola.” TRC Report Vol 4, Ch6, para 69, pg180
“State operative John Horak explained that there were four basic categories of media spies: agents, informers, sources, and ‘sleepers’. Craig Williamson confirmed this. An agent was a professional police officer with a job to do. Informers gave information either voluntarily or were recruited. He identified two categories of informers: those who were ideologically totally opposed to what the organisation was doing and those who did it for the money. There were also those who did it to get at colleagues for reasons such as competing for promotion. ‘Sleepers’ were long-term plants, people who knew things but would only provide information if their consciences were bothering them.” TRC Report Vol 4, Ch6, para 93, pg184
NOTE: In 2016 Naspers directors promised to investigate the whereabouts of several articles and images relating to South African jazz music history produced under my own byline but in their possession. At this time, the company has not responded. The items have in all likelihood been destroyed.
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