96' Class project....read for your self... an apartheid guru judges Zuma - Google it if you don't believe
May 4, 1996 - Sapa . APPEAL COURT JUDGE HARMS DENIES COVERUP IN WEBSTER ASSASINATION Appeal Court Judge Louis Harms on Saturday denied he was party to a judicial coverup regarding the 1989 murder of University of the Witwatersrand academic and activist Dr David Webster. Webster's former girlfriend, Maggie Friedman, told the Truth and Reconciliation Commission on Friday that former Defence Minister Magnus Malan knew of a plot to assassinate Webster while Harms was party to a coverup to hide state involvement in the murder. Testifying before the commission on the last day of its Johannesburg hearings, she also named six SADF Civil Co-operation Bureau members who, she claimed, were involved in the assassination. "As a matter of principle, judges do not react to media reports," Harms said in a statement on Saturday. "Under the special circumstances of this case I am obliged to react, not as a judge, but in my personal capacity and in my capacity as ertswhile chairman of the so-called Harms Commission, timeously and publicly." Webster was shot dead by gunmen in a passing car outside his Troyeville, Johannesburg home in May 1989, when he and Friedman returned home from walking their dogs. "I understand the anger and frustration of the witness, Ms Friedman," Harms said in a statement on Saturday. "The murderer has not been brought to book. I also understand her belief that Dr Webster had been killed by an operative of the CCB. "What I fail to understand is the inability to distinguish between fact and surmise, allegation and evidence, truth and belief," Harms said. Although Webster's murder was the subject of at least seven investigations- including the Harms Commission of Inquiry and an internal military inquiry - no one has ever been prosecuted. "No evidence was suppressed. No coverup took place. No material witness' evidence was not led," Harms said. "I did, however, refuse to have persons against whom no prima facie evidence existed, called and examined. In that regard, I relied on established legal principles as discussed in my report." Friedman told the commission Harms was the "key" in discovering the truth to Webster's murder. "He holds the key. I think he knows who was trying to suppress the information," she said. "I believe that David Webster's murder was ordered and planned from within state structures... and that state apparatus has been used and manipulated in such a fashion as to prevent its exposure." Harms said the evidence in the case was researched and led by officers in the Harms Commission, two of whom presently hold positions as attorney-general. "All available evidence is a matter of public record and is kept in the State Archives. My findings were not binding on her, the State or otherwise," Harms said.Harms added he was not beforehand told of Friedman's testimony to the commission. "I was not informed of the intention of the Truth and Reconciliation Commission to lead this evidence. I have not been told what the evidence is. I have not been asked for my version. "Not having interviewed witnesses relating to Dr Webster's murder privately, the totality of the facts then at my disposal is contained in the records and I do not know of anything that I can add to thereto," he said. A social anthropology lecturer, Webster played a prominent role in various anti-apartheid organisations such as the End Conscription Campaign, Detainees' Parents' Support Committee and the Five Freedoms Forum. ---------------------------------------------------------------------- ---------- © South African Press Association, 1996 This text is for information only and may not be published or reprinted without the permission of the South African Press Association "This e-mail is sent on the Terms and Conditions that can be accessed by Clicking on this link http://www.vodacom.co.za/legal/email.jsp " -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of [email protected] Sent: 21 January 2009 02:45 PM To: YCLSA Discussion Forum Subject: [YCLSA Discussion] Re: Judge Luis Harms is an enemy of our revolution 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 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This e-mail is subject to the Telkom SA electronic communication legal notice, available at : http://www.telkom.co.za/TelkomEMailLegalNotice.PDF ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ --~--~---------~--~----~------------~-------~--~----~ You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. 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