Please webmaster, moderate the debates in a structured way. We are unable to respond in a piecemeal way. Publish the material that has been clearly elaborated so as to broaden the participation of cadres.
Cheers! G On Wed, Jan 21, 2009 at 2:44 PM, <[email protected]> wrote: > > By stating that "Those celebrating this ruling in the main are all > enemies not only of > the current leadership of the ANC but enemies of the ANC itself and > the National Democratic Revolution", are you also stating that Cde > Mbeki (who was happy with the judgment) is an enemy of the ANC and its > leadership? > > > On Jan 14, 3:37 pm, "Kaizer Mohau" <[email protected]> wrote: > > RULING BY AN APARTHEID JUDGE NOT SUPRISING > > > > By: Kaizer Mohau > > > > The recently much talked about judgement by Judge Luis Harms of the > > Supreme Court of Appeal (SCA) on the NPA v/s African National Congress > > (ANC) President Jacob Zuma matter, came to many of us as no surprise. > > > > It is our view that this judgement was indeed bound to come as it did > > – against the ANC President. It is within this context that some of us > > believe the judgement reflected the continuation of a political trial > > against Jacob Zuma and for the vindication of Thabo Mbeki. > > > > Those celebrating this ruling in the main are all enemies not only of > > the current leadership of the ANC but enemies of the ANC itself and > > the National Democratic Revolution. > > > > It is without any fear of contradiction that Judge Harms is part of > > the previous apartheid state security network. > > > > On the 4th of May 1996 Harms was implicated by one chief witness in > > the killing of Cde David Webster during the Truth and Reconciliation > > Commission (TRC) hearings on the state ordered killing of ANC and > > liberation movement activists and cadres. > > > > It will be remembered that Judge Harms was prior to that period of the > > TRC, appointed by De Klerk to investigate the existence of the > > apartheid state security machinery which was responsible for the > > killings, tortures, maiming and kidnapping of our cadres, it is this > > Harms commission that told the world that it has not found any > > evidence demonstrating the existence of such a structure. > > > > Despite the abovementioned report, in his defence in relation to the > > evidence presented before the TRC by Maggie Friedman on the fact that, > > I repeat the fact that Harms himself was part of the apartheid legal > > cover-up on this matter in defence of those accused of killing Cde > > David Webster, Harms said "I also understand her belief that Dr. > > Webster had been killed by an operative of the CCB" – which Harms in > > his report to De Klerk claimed that there is no evidence to the effect > > that a structure responsible for this satanic acts ever existed within > > the apartheid state. > > > > Clearly, Harms in this case was contradicting and exposing himself and > > the real reasons why De Klerk appointed him – at no stage will any > > leader appoint a person to head a department let alone a commission of > > enquiry – who does not share his or her views on issues, in this > > instance as we all know what De Klerk wanted to confirm to the public > > through that commission, it was the big lie that there are no death > > squads in his government. > > > > Why Harms would not concede to the political meddling by Thabo Mbeki? > > > > Judge Harms argued during the presentation of his judgement that the > > conclusion reached by Judge Nicholson on the political meddling was > > not based on facts but on media reports which is tantamount to say, > > the conclusion was based on rumours. > > > > Perhaps, judge Harms was not in South Africa in past 10 years, because > > if he was in South Africa he would know for starters that the issue of > > the political conspiracy landed on Nicholson's desk firstly as part of > > the application presented to Nicholson by the National Prosecution > > Authority – with the view that the judge must never consider this > > issue as an important issue. Now as such Judge Nicholson was > > deliberating in his judgement on all issue before him with no > > exception. > > > > So after serious consideration as he said, Judge Nicholson concluded > > that there exist a possibility that indeed there was a political > > meddling on issue relating to the then Deputy President of the country > > and the ANC. Something that makes difficult to conclude otherwise > > besides giving the ANC President a benefit of the doubt. > > > > Nicholson sided a number of mitigating factors in this regard – the > > Bulelani Ngcuka' off the record briefing honoured with the presence in > > a press conference by the then minister of Justice. > > > > The inferences made and later denied by apartheid judge Hilary Squires > > that of "A generally corrupt relationship between Mr. Shabir Shaik and > > the current President of the ANC" an inference which by the way was > > made in Jacob Zuma's absence. Which subsequently led to the then > > President of the Republic and current behind the scene "Honorary > > President of the so-called Cope" to dismiss from Government the then > > Deputy President of the Republic. Today, when factual inference is > > made about Thabo Mbeki the issue of his absence in court becomes > > important while to Jacob Zuma it was not – this is outright selective > > justice. > > > > Which part of the above was not political in its very nature? > > > > Our view is that it is Harms himself who has not only ignored the > > fundamental principles of the country's constitution but equally > > compromised the basic tenets of a democratic and independence of the > > judiciary. Despite our illiteracy on issues of the law, we are not > > politically illiterate as Harms and his political handlers in the > > so-called COPE think. > > > > The tendency of judge Luis Harms of lambasting other judges at the > > expense of appeasing his political handlers is not a thing of today. > > > > In the Cape Argus of December 31, 2004, it was reported that the same > > judge Luis Harms branded Cape Judge President John Hlophe as being > > "unreasonable, discourteous, dilatory and arrogant" - > > > > Dialectical relations between the apartheid judges and investigators > > > > It will be noted that one of the issues we have raised overtime about > > the NPA and the Scorpions was the question of the former apartheid's > > killing and security machinery operatives. We have said that amongst > > other mistakes we have made was to down look at the importance of > > ensuring that no apartheid investigators are included in our > > institutions of the state especially those we are not sure have > > changed. > > > > In this context one must conclude that judge Harms himself is one of > > those we should seriously consider when confronting the issue of the > > judicial transformation. > > > > It is a well known fact that the NPA and the Scorpions in particular > > have for the good part of their existence been operating as the > > political private army of the 1996 class project and it must follow > > that judge Harms represent the political private Kangaroo court of the > > project. They actually shares one thing in common that is their > > passionate hatred of the African National Congress especially under > > the current leadership. > > > > Finally, after accusing Judge Nicholson for parading his political > > preference in dealing with the issues relating to Comrade Jacob Zuma > > last year, Harms contradicts himself when he says that "Mr. Mbeki and > > other members of government had reasons to be upset" – firstly, Harms > > will know that Mr. Mbeki was not at the SCA during the presentation of > > their Kangaroo court judgement, and Mr. Mbeki was prevented from > > amongst other things expressing his "upset ness". So the issue that > > Mbeki is upset judge Harms read about it in the newspapers and the > > media in general as Thabo Mbeki was denied the opportunity to present > > his application against the Nicholson Judgement. So it is disingenuous > > for a judge to accuse another judge of using media clippings in a case > > before him or her yet the same judge makes inferences from media > > clippings. > > > > Indeed there are apartheid and counter revolutionary judges. > > > > In the spirit of my ANC, My Vision, My Future campaign – we shall > > defend the ANC and our leaders. > > > > Kaizer Mohau is a member of the ANC in the Tlokwe Sub region, > Potchefstroom > > Writing in his personal capacity > > > > --~--~---------~--~----~------------~-------~--~----~ You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. 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