Floyd is on his way to the DA. Floyd and Lindiwe Mazibuko will soon be holding hands under the motherly smiles of Zille.
VC On 30 March 2012 09:53, Boyce Mpempe <[email protected]> wrote: > Cdes lets allow Floyd some space to continue winking in the dark. > Suddenly he is a legal analyst. Thanks for nothing Floyd! > > On 3/30/12, [email protected] <[email protected]> wrote: > > This article has Chikane tendencies embedded in it and comrades we must > not > > forget it is written out of anger and frustration. > > > > Sent via my BlackBerry from Vodacom - let your email find you! > > > > -----Original Message----- > > From: "Trevor Kekana" <[email protected]> > > Sender: [email protected] > > Date: Fri, 30 Mar 2012 09:42:54 > > To: <[email protected]> > > Reply-To: [email protected] > > Subject: [YCLSA Discussion] Floyd Shivambu unplugged: M&G article > > > > > > > > In December the ANC will have its 53rd national conference in Mangaung. > > Almost all the media are speculating about what the real issues of focus > > will be -- and those relating to leadership elections seem to be > > elevated above all other issues. There is, however, an elephant in the > > room. > > > > No one is paying significant attention to it, either because they are > > oblivious or because they fear those with state power will suppress and > > isolate them if they speak about this issue. At the risk of being > > isolated and purged, I want to address the elephant in the room -- which > > is the reality that President Jacob Zuma is accused of corruption and > > has yet to have these allegations tested in court. > > > > > > > > It is a matter of fact that the state, of which President Zuma is head, > > has a prima facie case to which he should answer in a court of law. In > > 2009 the charges against him were withdrawn on the basis of the > > gossiping and backchat of some senior National Prosecution Authority > > (NPA) officials about whether President Zuma should be arrested before > > or after the 52nd ANC national conference in Polokwane in 2007. > > > > These officials are not said to have concocted charges against President > > Zuma. They are said to have discussed when he should be arrested and > > brought before a court to respond to allegations that he illegally > > exchanged monies with a shady individual, Schabir Shaik, who was > > described by the prosecution as -having a "generally corrupt > > relationship" with President Zuma. The high court's judgment was that > > Shaik was guilty. > > > > The Supreme Court of Appeal has been deciding whether a high court > > review of the decision to drop charges could proceed. Whatever else can > > be said, the reality is that the then acting national director of public > > prosecutions, advocate Mokotedi Mpshe, shelved principle for political > > convenience in 2009 as a result of political dynamics in the country. > > The ANC, its leagues and the alliance were unanimous that Jacob Zuma > > should become president of South Africa and a majority in society > > accepted that. For the sake of political convenience, which seemed to be > > a principled intervention at the time, advocate Mpshe decided to > > withdraw the charges -- not on the basis that President Zuma did not > > commit the crimes, but on the basis that those prosecuting him were > > gossiping about when to arrest him. It was the result of public pressure > > from members and supporters of the ANC, including the commitment to "die > > and take up arms to kill for Zuma" of ANC Youth League president Julius > > Malema. > > > > Now the people who were gossiping about when and how to bring President > > Zuma to account are no longer in the NPA. Yet the fact that the state > > has a case against him remains. > > > > Equality before the law > > The ANC fought for political freedom on the non-negotiable principle > > that all should be equal before the law. This found expression in the > > Freedom Charter: "There shall be equal status in the bodies of the > > state, in the courts and in the schools for all national groups and > > races." > > > > The principle was reinforced in the Constitution of a democratic South > > Africa. Those who drafted the Constitution deliberately avoided > > "presidential immunity" because they had learned how that could make > > leaders refuse to step down from office and opt for "aloota continua", > > protected from prosecution. > > > > As a test of our constitutional democracy, we should allow a court of > > law to determine whether President Zuma violated the law or not. He > > should voluntarily answer to the allegations. To protect the integrity > > of our democracy, the ANC leadership should be exemplary in all matters > > relating to the Constitution. > > > > If the ANC and its leadership undermine the Constitution for political > > convenience, South Africa's democracy is under serious threat. South > > Africa could degenerate into a banana republic in which state machinery > > is used to settle political scores and shift the balance of forces. > > > > If the truth be told, any president facing the possibility of being > > arrested is dangerous to himself and the nation. Naturally, hoping to > > avoid arrest, such a president will surround himself with cronies and > > blind loyalists in key state security institutions. Such a president > > could even try to change the Constitution and the law to protect himself > > from prosecution, or find a way of undermining court decisions through > > political power. > > > > Now, the appeal court has passed judgment against President Zuma, saying > > that a high court review of the 2009 decision can proceed. > > > > Courts shouldn't resolve political squabbles > > No one in their true political senses would ever agree with the > > Democratic Alliance's use of the courts to determine political battles > > and processes. The ANC Youth League rejected this view on various > > occasions and we remain firm on it. The DA is not representative of the > > people of South Africa and does not deserve an iota of respect from > > anyone. > > > > The illusion that those in the ANC-led national liberation movement who > > defend the equality clause of the Constitution are "liberal democrats" > > should be dismissed with contempt. Some of us have, with no support from > > the leadership, been proponents of amending section 25 of the > > Constitution to realise real and genuine equality. > > > > Since the beginning of allegations of corruption, fraud and money > > laundering against President Zuma, most of us have been solid and vocal > > in defending him against conspiracies to prevent him from becoming > > president of South Africa. > > > > Our view, which we expressed openly, was that those who had control of > > the criminal justice system, or who acted on the pretext of protecting > > then-president Thabo Mbeki, used state institutions to prevent Jacob > > Zuma from assuming the highest political office in the land. > > > > We stood firm against the abuse of state institutions for narrow > > political purposes. We never said or insinuated that we supported > > corrupt practices. We opposed, and continue to oppose, the abuse of > > state institutions for political purposes and we are firmly opposed to > > all crimes, particularly those such as corruption, which deprive the > > poor masses of resources that could liberate them from poverty and > > starvation. > > > > The Supreme Court of Appeal's judgment says advocate Mpshe's 2009 > > decision to drop charges is reviewable. It can be reviewed because, in a > > democratic South Africa, all are equal before the law. > > > > No one can believably argue now that state institutions are being used > > to prevent Jacob Zuma becoming president -- he is the president of South > > Africa. > > > > There is a case to answer > > In dropping the charges, advocate Mpshe did not claim there was no case > > to answer, but said that interference by some NPA and Scorpions > > officials suggested there were also ulterior motives for charging him -- > > it was not just a matter of justice. > > > > The conspiracies that led to this situation no longer exist. Those who > > had ulterior motives are no longer in the NPA or the Scorpions. Yet the > > state still has a prima facie case of corruption, money laundering and > > fraud that President Zuma must answer. > > > > The interference that happened then did not remove the possibility that > > he could have been involved in a corrupt relationship with those who > > have already been convicted in court. > > > > If there is dissatisfaction with the involvement of some NPA > > prosecutors, the president's legal representatives have the right to > > raise this matter in court. > > > > If it is true to its values and principles, the ANC should call on > > President Zuma not to appeal the judgment of the appeal court, but to > > allow all due processes to continue uninterrupted. In fact, President > > Zuma should welcome the possibility of going to court, because that is > > the only way he will clear the dark cloud over his head. > > > > It cannot be right that, for so many years, the ANC and South Africa as > > a whole have not been able to get to the bottom of these allegations. In > > allowing the law's processes to happen uninterrupted, President Zuma > > will retain his innocence until proven otherwise and will be treated > > like all innocent people. > > > > Kgalema sets an example > > Deputy President Kgalema Motlanthe recently approached the public > > protector to investigate him over allegations of wrongdoing on his part. > > President Zuma should follow this noble example. > > > > He should avoid the temptation to try to stop the courts listening to > > his case by causing unnecessary delays. Further delays will bring doubt, > > even in the ranks of the ANC, that there is perhaps a possibility that > > he did indeed commit the crimes of which he is accused. > > > > This approach will reaffirm the integrity of the ANC as a movement > > committed to the fight against corruption and all criminal acts, which > > the Polokwane conference said was a priority. > > > > The criminal justice system will also lose integrity, and will be > > regarded as being open to manipulation in the future, if this case is > > not responded to in a proper and fair trial. The approach of allowing > > due process will further enhance and harness the state's fight against > > corruption. > > > > The ANC and all its formations and allies should always stand firm on > > principles. We will never agree to be drawn into defending possibly > > corrupt individuals, because corruption is like a cancer eating away at > > the moral fibre of society. > > > > Whether we will be purged or persecuted for expressing this view does > > not matter. The truth must be told at all times, without fear or favour. > > Only factionalists and proponents of tribalism and corruption can stand > > opposed to the accountability of the leadership, and unfortunately I am > > not one. > > > > Floyd Shivambu is the spokesperson of the ANC Youth League. He writes in > > his personal capacity > > > > > > > > > > http://www.investec.com/legal/email-disclaimer.html > > > > The disclaimer also provides our corporate information and names of our > > directors as required by law. > > > > The disclaimer is deemed to form part of this message in terms of > Section 11 > > of the Electronic Communications and Transactions Act 25 of 2002. > > If you cannot access the disclaimer, please obtain a copy thereof from > us by > > sending an email to: [email protected] > > > > -- > > 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. All you have to do is to send an > e-mail to > > this address (repeat): [email protected] . > > > > -- > > 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. All you have to do is to send an > e-mail to > > this address (repeat): [email protected] . > > > > -- > 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. All you have to do is to send an e-mail > to this address (repeat): [email protected] . > -- The Communist University *Blog* is at: *http://domza.blogspot.com/*<http://domza.blogspot.com/> *Mail Subscription*: *http://groups.google.com/group/Communist-University/*<http://groups.google.com/group/Communist-University/> CU Site for *downloads*: *https://sites.google.com/site/communistuniversity/ * The *CU Africa* blog is at: *http://cuafrica.blogspot.com/* (Subscribe *here<http://groups.google.com/group/CUAfrica> *) The *SADTU* PolEd blog is: *http://sadtu-pol-ed.blogspot.com/* (Subscribe * here <http://groups.google.com/group/sadtu-political-education-forum>*) The *old CU site* is: http://amadlandawonye.wikispaces.com/ Subscription/unsubscribing *difficulties*? Mail *[email protected]* -- 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. All you have to do is to send an e-mail to this address (repeat): [email protected] .
