Cde Seroke: The constitutional Court ruled in favor of the Citizen Newspaper in a matter between Robert McBride and The Citizen. This ruling was an overruling of the High Court and a supreme Court of appeals whose rulings were in favor of McBride. Robert McBride, a former Umkonto Wesizwe operative, detonated a bomb in a restaurant in Durban, which latter injured tens and killed 3 people white people. He was later arrested and sentenced to death. While in a death row, political changes were ushering in a transition which had McBride to be reprieved in the early 90's. after 1994, he applied for amnesty and was granted. According to the promotion of national unity and reconciliation act, if a person that was granted an amnesty, former convictions were to be treated as if they never existed. What did this mean? If a freedom fighter of perpetrator of apartheid were pardoned, all what they did were to be treated as if nothing what happened. the intention of these provisions were undoubtedly to foster national unity and reconciliation to a country that was saddled with the past of crime against humanity. following his appointment as a Chief of the Metro police in Eastern Gauteng, the citizen published a myriad of censures against him. Among other things, it branded his as a coldblooded murderer, at some instances tagging him as bomber. To his chagrin, he challenged the newspaper and won the case of defamation against the newspaper. The courts found that the newspapers had clearly defamed McBride and ordered a compensation for damages. however, tables were turned as the Constitutional Court overturned the decisions of former courts, Judge Cameroon protected the newspaper saying its articles against McBride were a matter of a fair comment. Cameron criticized the literal interpretation of the act. The Newspaper won the matter, which underpinned it's so called 'freedom of expression'.
I am raising this matter chiefly because we have waged an armed struggle against the repressive white minority rule in this country. Some of our fathers were hanged in the 60's and some were sentenced to the maximum. In as much as we had and still have ideological cleavages with the ruling elites of the ANC. One thing undisputed, is that we collectively carried out an armed insurrection against minority rule. Freedom fighters of APLA are still in jails for Acts deemed by this government, not fit for amnesty or presidential pardons. The matter of McBride serves as a good example, in a country that one may have fought to liberate, one would be tagged as a bomber or a murderer. The constitutional arrangements that we have do not take in to account the sacrifices that were made by those that brought the very same existence of democracy. We were fighting to uproot colonialism, and latter incriminate ourselves. What about those that left the homes and forsook their families in a pursuit of the freedom and end up rotting in jail for fighting a noble cause ? South Africa is a Neo-colonial nation-state. Old order is maintained. Freedom songs are censured for the protection of the same people that oppressed us for centuries. Civil rights organization with an imperialist agenda is prominent to challenge all the revolutionary gains. Are we free? the immediate answer from the beneficiary of a BEE would be yes. Mduduzi Sibeko Admin/finance [cid:[email protected]] T +27-11-724-9281 C +27-71-101-2595 F +27-11-900-1929 F 086-754-2176 E [email protected]<mailto:[email protected]> www.randwater.co.za<http://www.randwater.co.za> This email and any accompanying attachments may contain confidential and proprietary information. This information is private and protected by law and, accordingly, if you are not the intended recipient, you are requested to delete this entire communication immediately and are notified that any disclosure, copying or distribution of or taking any action based on this information is prohibited. Emails cannot be guaranteed to be secure or free of errors or viruses. The sender does not accept any liability or responsibility for any interception, corruption, destruction, loss, late arrival or incompleteness of or tampering or interference with any of the information contained in this email or for its incorrect delivery or non-delivery for whatsoever reason or for its effect on any electronic device of the recipient. Views and opinions expressed or implied in this email are those of the sender unless clearly stated as being that of Rand Water. If verification of this email or any attachment is required, please request a hard-copy version. -- Sending your posting to [email protected] Unsubscribe by sending an email to [email protected] You can also visit http://groups.google.com/group/payco Visit our website at www.mayihlome.wordpress.com
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