Ntate Sibeko I experienced difficulties with my laptop and Blackberry for almost two weeks. The system collapsed and the long lay-off in April gave me time to handle challenges to do with my preparations for UNISA exams in May. My apology for not responding to your mails. The outcome of the concourt on the Citizen newspaper's defence after Robert Mcbride won the defamation case, indicate my scepticism with the judiciary. While we have a constitutions that protects the human rights and all other basic freedoms for citizens in SA, I think it is skewed in favour of the rich. The judicial process is very expensive and beyond the reach of the ordinary citizen. Big business employs the tactic of a long drawn out exercise in a war of attrition that Mcbride, and anyone fighting the battle out of pocket, will never win. They get silk advocates who argue a misleading and isolated point, such as the protection of the freedom of expression and the right of the media to probe the conduct of public figures, at the expense of the matter argued fully in the junior courts. Mcbride is bashed from all angles: the victims of the Magoo restaurant; the Mozambique intel operation where he was arrested; the appointment as eKurhuleni metropolitan police chief and his entire tenure; and that his comrades in the ANC have seemingly abandoned him as some kind of rogue. It all comes back to the death of the three and other victims - as you said. He also does not make it easy for himself. He is never off the radar, and he cannot help it, he seems to like the spotlight. The intrinsic value of each citizen in SA is not the same. The government went to all extremes to rescue the kidnap victims who were holidaying in Thailand or so - they were well to do and advantaged from the benefits of a racial heritage. The government and the prominent figures in SA never tires to highlight the death of innocent Amy Bielh in Cape Town in 1993 because she was a US citizen doing good in the Cape flats and surrounding townships. The government protect the suburbs (in addition to the legions of private security firms) and regard as mere crime statistics the many incidents of violent deaths happening in poorer areas. White collar crime and international crime syndicates have found SA government too comforting as a haven for them to continue with their dastardly deeds. I don't have to point you out to the deal made with drug lords, in the courts nogal. Crooked tourists make elaborate plans to kill their spouses while on holiday in SA, because the government is always on holiday when it comes to sorting out the causes of violent crime. The value of Citizen Tatane in Ficksburg is an expression by government of how they regard African people, in the manner in which he was cold bloodedly killed by the police in public glare. The killers will probably go scot free because their trial will be paid for by government (because they were on duty when the killing occurred). I bet - no one could do all these things in Botswana or even in Zimbabwe and expect to have government turning the other way. The national assembly (parliament) is a disgrace to democracy. What are all those party representatives doing as their normal daily job? Certainly not representing the ordinary citizen. We have to depend on journalists and private citizens such as O'Sullivan doing investigations all the time. Why is it so? Jaki
From: [email protected] To: [email protected] Subject: [PAYCO] Date: Tue, 19 Apr 2011 05:08:57 +0000 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 T +27-11-724-9281 C +27-71-101-2595 F +27-11-900-1929 F 086-754-2176 E [email protected] www.randwater.co.za This email and any accompanying attachments may contain confidential and proprietary information. 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