*May his Political soul rest in peace I remain
Matankana Mothapo* On Fri, Mar 30, 2012 at 10:22 AM, <[email protected]> wrote: > ** > What is a purpose of this forum? > > Is it to agree with each other? Is about views that suit us communists, > only or even those with views that are slightly going astray? > > We learn by being engaged and by being persuaded to the truth not our > myopic views. > > Leave Floyd and discuss what he wrote. > > Let's not degenerate... This was posted deliberately here, so that we > respond to personality... > > Sent via my BlackBerry from Vodacom - let your email find you! > ------------------------------ > *From: * [email protected] > *Sender: * [email protected] > *Date: *Fri, 30 Mar 2012 08:17:14 +0000 > *To: *<[email protected]> > *ReplyTo: * [email protected] > *Subject: *Re: [YCLSA Discussion] Floyd Shivambu unplugged: M&G article > > Yhoooooooooooo! He is gone! > Sent via my BlackBerry from Vodacom - let your email find you! > ------------------------------ > *From: * [email protected] > *Sender: * [email protected] > *Date: *Fri, 30 Mar 2012 08:16:19 +0000 > *To: *<[email protected]> > *ReplyTo: * [email protected] > *Subject: *Re: [YCLSA Discussion] Floyd Shivambu unplugged: M&G article > > When he gets there he will be labelled a political refugee... > Sent via my BlackBerry from Vodacom - let your email find you! > ------------------------------ > *From: * Dominic Tweedie <[email protected]> > *Sender: * [email protected] > *Date: *Fri, 30 Mar 2012 10:14:54 +0200 > *To: *<[email protected]> > *ReplyTo: * [email protected] > *Subject: *Re: [YCLSA Discussion] Floyd Shivambu unplugged: M&G article > > > 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. 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