Opinion

  • Open Letter to Kriegler: Does Tyne Doyle donate to the Mandela Fund?

    By Pinky Khoabane

    Dear Judge Kriegler

    kriegler-1

    I come to you because through your organisation, Freedom Under Law, its evident that you’re a man who works tirelessly in pursuit of justice, fairness and the law.

    Almost around the same time in 2010, one Neil Esterhuyse approached your son, Martin, with a story of an alleged forgery of a manuscript, Mandela with Love. The manuscript was compiled by his brother, Jan Willem (JV) and was published under his former live-in girlfriend’s name, Tyne Doyle after his death. She titled the book, The Children’s Mandela.

    I have over two years, investigated this story and have seen evidence, dating back to 1997, which suggests that JV had conceived and worked tirelessly on this book project. He had approached the Nelson Mandela Children’s Fund to partner with him in a joint venture deal which would see the Fund get 60% of the proceeds of the book. Only his name appears on the NMCF contract.

    There is overwhelming evidence including a contract JV signed with the BBC for the publication of the manuscript which points to him as the sole copyright holder. Even the graphic artist who worked on the original layout of the book confessed to have been surprised that JV’s name was not included in Doyle’s book.

    Even forensic scientist, Dr David Klatzow, with whom I’ve spoken, said the two books, Mandela with Love and The Children’s Mandela were identical copies, the latter with minor changes from the original copy.

    Check out the similarities in the covers Judge. arch5-1two-covers

    Here’s the full  story, well sort of http://uncensoredopinion.co.za/jeff-cronenweths-wife-accused-of-forging-mandela-book/

    On 15 November 2010, upon discovering that Nedbank had sponsored Doyle’s book, Niel approached the bank’s CE Mark Brown to alert him of the facts surrounding the book. Although he didn’t get a response from Brown he finally got to have a meeting with some of the bank’s representatives.

    Such was Klatzow’s conviction that The Children’s Mandela was a forgery, he accompanied Neil to a meeting with Nedbank. The standard response from the bank is that it couldn’t intervene in a copyright matter. Their’s had been to simply sponsor the book, they say. Does that sound like a cop-out to you Judge, cos it certainly does to me?

    Apart from restoring copyright to his brother’s work, the biggest driving force behind Neil’s campaign has been to ensure that the NMCF was getting the proceeds as per the wishes of JV. He needed someone who could help him establish if Doyle was paying-over the money.

    And this is where your son, Martin, comes into the picture. The two attended the same school and knowing that you were a Trustee on the NMCF, Niel approached him with the story and with a request for you “to delicately check if the donation was being made to the NMCF”.

    After perusing the documents, Niel says Martin agreed and shortly before Christmas of 2010, your son told him he had spoken to you.

    At the beginning of 2011, on his return from a holiday in Europe, Niel contacted Martin who again, said he would remind you and it would be upto you to decide.

    It’s been six years Judge Kriegler and the question is whether you have had any knowledge of this story. Niel says he has no reason to believe that your son didn’t tell you about it when he said he did.

    You’ve been extremely busy defending our Constitution and Saving SA and so forth, it may well be that you have forgotten.

    And so I ask you on behalf of the Esterhuyse family if Doyle is donating 60% of the proceeds from the book. You are after all, still a Trustee of the NMCF, no?

    I’ve asked Doyle and her publisher, Iain Bryant, and they have refused to answer this question.

    If she isnt, this would be misappropriation of funds from both the sponsors, Nedbank, and the children to whom this project was initially dedicated.

    Nedbank uses shareholders’ money – who include Old Mutual, Corronation, PIC and other smaller shareholders  – to donate to charities and pay sponsorships. I doubt they would be tickled to hear their money – well over a R1m it is rumoured was paid for the book – has been inappropriately spent.

    Like Finance Minister Pravin Gordhan and SARS officials who you said had suffered greatly, both emotionally and financially, through the HAWKS & NPA investigations, the Esterhuyse family have had years of torment going back to 1998 when JV took his life in London and the ensuing years of trying to get, what his 83 year-old mother Rita, called closure.

    And so as I wish you a Merry Christmas, I trust you will make Neil and Rita’s a happy one and simply answer this burning issue.

    Yours truly,

    Pinky Khoabane

  • Where is the Human Rights Commission when the right to housing is abused by banks

    By Pinky Khoabane

    fnb

    Mmashela Anna Mabelane is ill and destitute. She turned 60 this year and lives with a young man who can barely take care of her medical needs. She depends on her pension and a neighbour, whose only wish is for Mabelane to get assistance for her medical bills and general well-being. He’s also trying to help her recoup the money owed her by First National Bank (FNB).

    Mabelane is one of the victims of FNB’s discrimination case which goes to the Equality Court in March next year. She and many others were denied the benefits of an interest rate cut on their home loans. The overcharges on her mortgage loan are in excess of R 60 000.

    Whenever there was a decrease in interest rates, Saambou’s low cost housing clients, whose book was bought by First National Bank when it went bankrupt, were not given the benefits. Their counterparts in the high income housing market got the decreases.

    In the public hearings into Housing, Evictions and Repossessions conducted by the South African Human Rights Commission (SAHRC), it was decided that the principle of Ubuntu should be the key value in dealing with issues of housing, especially among the poor.

    Among the findings was the recognition that role players in the housing sector (banks, estate agents, sheriffs, courts, and the police) lacked Ubuntu.

    What is Ubuntu?

    “The concept of Ubuntu is premised on the principle of ‘umuntu ngu muntu nga bantu ‘ which translates into, ‘I am because you are or you need me in as much as I need you, therefore let us take care of each other so that we can continue to co-exist.’ This value is found in all South African ethnic groups and all South African languages”

    To highlight this point of the aggressive approach of role players in the housing market, the conveners used an example of a family that lost a house as a result of incapacitation despite their loyalty of over 15 years.

    “The value of the house was R60 000 at the time when the owner became incapacitated and was unable to honour his/her commitments in terms of the bond. The service providers and state institutions evicted the family regardless of their circumstances. The issue that needed to be tested against the values of Ubuntu was whether the service providers considered Ubuntu when they evicted the family who has been loyal to them for the past fifteen years, but due to poverty and death was unable to pay the last R10 000 spread over five years after it succeeded to pay R90 000 spread over fifteen years”.

    The hearing found that there was collusion between sheriffs, banks, and bulk buyers. The house was sold to the bulk buyers at R11000.

    Over-and-above Ubuntu, it was recommended that banks implement the triple-bottom-line approach, which considers the communities and the environment in which they operate.

    In effect, what this means is that FNB should not be dragging its customers through the courts and delaying the process of paying them out what is duly theirs. They overcharged them and they should be doing the right thing and paying up. Mama Mashella should not have to live in the indignity of begging for help when she has over R60000 in a bank which makes billions of rands.

    What the Constitution says about housing….

    The right to have access to adequate housing is a central right in our constitutional democracy. Without housing, other rights, including the right to an environment that is not harmful to one’s health and wellbeing, access to healthcare, access to social services and water are also jeopardised. The right to housing is a basic human right and is key to ensuring that people live with dignity. It is an indispensable means of realising other human rights. In South Africa, the right to housing is enshrined in the Constitution under Section 26 (1) and (2).

     The Commission is obliged by its constitutional mandate to promote respect for human rights and to promote the protection, development and attainment of human rights in terms of Section 184 of the Constitution. Section 9 of the South African Human Rights Commission Act 54 of 1994 (Human Rights Commission Act) empowers the Commission to investigate and to report on the observance of human rights and to take steps to secure appropriate redress where human rights have been violated.

  • Manufacturing reality has been the only goal of commercial media

    By Pinky Khoabane, catch her on Twitter @pinkykhoabane

    pinky-khoabane

    The term fake news has become the buzz-word following Hillary Clinton’s defeat and it has reached fever-pitch in recent days. I wrote a piece following the defeat: The folly of a media that takes sides and I made the point that the neo-liberal media, as it did during Brexit, had completely lost touch and wrote about its wishes as those of its reader. It has happened here in South Africa, where newspaper columns were dedicated to how President Jacob Zuma wouldn’t win a second term and he did.

    The liberal media is still reeling from Clinton’s defeat and continues to find the perpetrators of this assault on democracy. The latest victims are Fake News.

    The guardians of manufactured truth have been hard at work marketing a campaign that seeks to tarnish every piece of writing that does not conform to its propaganda and disinformation.

    The term itself is not properly defined and has been used loosely to label those the commercial media does not like. It’s much like the classical smear campaign waged during the McCarthy and apartheid eras where anybody could be called a terrorist or a communist and therefore ought to be feared but worst, became the subject of brutal investigations which sometimes led to death.

    Fake news has joined that list of evil words which threaten every aspect of our democracy when the truth is that the biggest peddlers of fake news are the commercial media that is now stalking all of us who refuse to accept their narrative.

    In the classical art of propaganda, there is no attempt to debunk the facts in the stories we write but to rather label and smear. This is how propaganda works. Propaganda works on two levels to make any impact; it must reach the mass populace and it’s intellectual level must be at extremely low levels.

    This phenomenon of fake news began with allegations that Russian President Vladimir Putin had played a hand in Clinton’s defeat by being party to the WikiLeaks emails which showed among others, Clinton’s roles in the death of Lybian leader Muammar Gadaffi and grave human rights atrocities including fuelling the Syrian war that has left hundreds of thousands of Syrians displaced and many dead.

    The Intercept, wrote this about fake news: “One of the most egregious examples was the recent Washington Post article hyping a new anonymous group and its disgusting blacklist of supposedly pro-Russia news outlets — a shameful article mindlessly spread by countless journalists who love to decry Fake News, despite the Post article itself being centrally based on Fake News. (The Post this week finally added a lame editor’s note acknowledging these critiques; the Post editors absurdly claimed that they did not mean to “vouch for the validity” of the blacklist even though the article’s key claims were based on doing exactly that)”. https://t.co/jEjkWsRFmB

    Following the leaks, the Clinton camp adopted a campaign to lie outright, The Intercept says. “…with no basis whatsoever — that the emails were doctored or fabricated and thus should be ignored. That lie — and that is what it was: a claim made with knowledge of its falsity or reckless disregard for its truth — was most aggressively amplified by MSNBC personalities such as Joy Ann Reid and Malcolm Nance, The Atlantic’s David Frum, and Newsweek’s Kurt Eichenwald.

    Clinton camp chief strategist @benensonj: “I’ve seen things” in Wikileaks emails “that aren’t authentic” #ThisWeek https://t.co/LPQJBfACqz

    — This Week (@ThisWeekABC) October 23, 2016

    That the emails in the Wikileaks archive were doctored or faked — and thus should be disregarded — was classic Fake News, spread not by Macedonian teenagers or Kremlin operatives but by established news outlets such as MSNBC, The Atlantic, and Newsweek”.

    The South African news media has picked-up on this term and has also gone out on a mission to investigate the “fake news websites” and much in line with what Washington Post did, they have outed them. UnCensored was victim to one of these researchers, Kyle and Katie Findlay, who like the Washington Post couldnt quite determine whether we were “knowingly” or “unknowingly” retweeting posts by some “fake accounts”.  Worst is when this group of anti-Zuma, pro-Rupert supporters say I “seemingly” was part of the campaign. They are scientists who did research but couldnt come up with conclusive findings. There’s no methodology set out to how they conducted their research. Such was their shoddy work they couldnt put their names to it. And they call it science which some mainstream media published. It turned out they were linked to The Daily Maverick. This is where we exposed their identities https://t.co/RtqloYjh9X These two people and their company have never come back to dispute our claims. The editors that have gone-on to disseminate this lie – Fake News – have never come back to dispute the facts in our story.

    The real fear for the commercial media is that for the first time in a long time, there are alternative news sites which give the citizenry a different take on life – the stories which they (commercial media) ignore. They are being outed for their anti-black stance and protecting their elite masters.

    Stigmatisation is the easiest way to obfuscate – Communist, Fascist, Putin Propagandist, Guptarite, Zumarite. ANC acolyte ….and now FAKE….all these labels are meant to drill doubt into the reader or the populace and silence writers. Who wants to be investigated by the powerful media owned by people who control every aspect of our livelihoods? I implore you to look at your reality today and see who owns every aspect of it.

    These bully tactics date back centuries – to silence us. The commercial media have their backsides in the open – that they don’t produce real news and have had to rely on manufactured news. Here come little sites which produce news they’ve tried to conceal….its not a pretty sight. We shall not be deterred. We will continue to write.

    This is the first of a series of articles on Propaganda and disinformation waged by commercial media

  • Where are the laws to deal with racists?

    By Pinky Khoabane

    We have waited for 22 years to have anti-racist laws. Nothing has been forthcoming. In the meantime, whites have felt emboldened to say what they wish. To spew the kind of hate speech so-called democratic countries like Britian would not allow.

    This past week, another racist, this time name Vanessa Hartley, spewed her bile on social media. As usual, the white controlled DA has said very little while there’s been an outcry from Black populace.

    This is what I wrote in 2014….http://www.iol.co.za/sundayindependent/why-do-we-not-prosecute-racists-1658400

    Do we need to give

  • Soros’s multi-billion dollar network of NGO’s trying to destabilise the world

    Soros / CIA Plan to Destabilize Europe

    By Wayne Madsen, first published in http://www.strategic-culture.org/news/2015/09/24/soros-cia-plan-to-destabilize-europe.html

    Just as the dark forces of the U.S. Central Intelligence Agency and George Soros’s multi-billion dollar network of non-governmental organizations plotted to destabilize the Middle East and North Africa through the use of social media to bring about the so-called «Arab Spring», these same forces have opened a new chapter in their book of global dysfunctionality by facilitating the mass movement of refugees and economic migrants from the Middle East, Asia, and Africa to Europe.

    In March 2011, Libyan leader Muammar Qaddafi predicted what would happen to Europe if the stability of his country was undermined by the Western powers. In an interview with «France 24», Qaddafi correctly predicted, «There are millions of blacks who could come to the Mediterranean to cross to France and Italy, and Libya plays a role in security in the Mediterranean».

    Qaddafi’s son, Saif al Islam Qaddafi, who has been sentenced to death by the radical Libyan regime that governs Tripoli, echoed his father’s comments in the same interview with the French news network. Saif said: «Libya may become the Somalia of North Africa, of the Mediterranean. You will see the pirates in Sicily, in Crete, in Lampedusa. You will see millions of illegal immigrants. The terror will be next door». As seen with recent events, Saif was right on target.

    Indeed, for Europe, the terror is literally next door. It is estimated that as many as 4000 radical jihadists, young men who are veterans of the terrorist holocausts of Syria, Iraq, and Yemen, have taken advantage of the absence of European Union external and internal Schengen border controls to either return to Europe or enter Europe for the first time. Many of the young male «migrants» have iPhones, bank ATM cards, multiple passports, and ample cash, hardly what would expect to be found in the possession of legitimate war refugees.

    Not only have black Africans inundated southern Europe after making dangerous boat trips from North Africa, including Libya, but Syrian refugees, mostly created as the result of the West’s mass transfer of captured arms caches from Libya to Syrian jihadists after the overthrow of Qaddafi, thus triggering the bloody Syrian civil war, are streaming by boat and by land into the very heart of Europe.

    Soros, who is nothing more than a multi-billionaire front man for the even wealthier Rothschild banking family of Western Europe, oversaw the complete destruction of the nation-states of southeastern Europe that now permit practical unfettered access of civil war and economic migrants from Syria, Iraq, North Africa, sub-Saharan Africa, Afghanistan, Pakistan, Bangladesh, Burma, Sri Lanka, and other war- and poverty-ravaged nations of the Third World.

    As a result of his programs to re-engineer nations, Soros first helped destroy the Socialist Federal Republic of Yugoslavia with the active help of the European Union and NATO. The seven independent republics that once constituted Yugoslavia, now serve as major transit routes for perhaps tens of thousands and an impending hundreds of thousands of non-European migrants. Greece, which is suffering under austerity «vulturism» directed by European central and private bankers, including Soros and his Rothschild overseers, can hardly deal with the massive influx of refugees. The bankers have ensured that Greece cannot even provide the basic social services for its own people let alone refugees from civil war zones and nations suffering from collapsed governments and economies.

    Macedonia, which continues to reel from an attempted Ukraine-style «themed revolution» courtesy of neocons in the Obama administration like Assistant Secretary of State for European and Eurasian Affairs Victoria Nuland, was unable to hold back a mass invasion of refugees from Greece. Many of the refugees who treated the Greek-Macedonian border as a non-existent nuisance piled across it into Macedonia and onward into Serbia. The migrants have sought any way possible to reach welcoming Austria and Germany. Refugees in Budapest swamped the central train station, forcing it to close to all passengers, refugees trying to make it to Austria and Germany, as well as Hungarians and foreign tourists.

    Muslim refugees arriving in Munich have been irritated by the presence on the streets of beer-drinking Germans and foreigners celebrating the annual «Oktoberfest.» There have already been heated exchanges on the streets between drunken Oktoberfest celebrants and some Muslim refugees who object to the presence of plentiful alcohol. Munich city officials said they only had the capacity to receive 1000 new refugees per day. The city has seen that number climb to 15,000 a day with some 90 percent of them failing to register with local authorities and disappearing into destinations unknown.

    Throughout cities and towns in Europe, newly-arrived migrants sleeping in parks and on sidewalks have created a public health nightmare with human feces covering park grounds and the stench of urine permeating the walls of buildings and gutters. The situation is exacerbated by newly-arriving Syrian refugees in northern Germany mistaking poisonous wild «death cap» mushrooms for an edible variety that grows in the eastern Mediterranean. Although warning notices written in Arabic and Kurdish have been distributed to the refugees, the refugees have ingested the death cap mushrooms, which has resulted in uncontrollable vomiting and diarrhea, which has added to the public health dilemma facing Europe. It is only a matter of time before human waste-borne diseases like cholera and typhus make their first triumphant return to the cities of Europe since the deadly pandemics of the last millennium.

    German Chancellor Angela Merkel, EU Council President Donald Tusk of Poland, and EU Commission President Jean-Claude Juncker bear direct responsibility for the influx of what may total more than a million political and economic refugees into the heart of Europe. Merkel has made no secret of her desire to add to the ranks of the German guest worker, Gastarbeiter. However, as shown with other guest workers in Germany who have arrived over the last several decades, these workers never consider themselves as «guests» but as permanent residents and citizens. Meanwhile, Tusk and Juncker, the latter a native of tiny Luxembourg, have threatened to fine non-EU members Switzerland, Liechtenstein, Norway, and Iceland if they do not absorb their share of refugees, a percentage dictated by the EU «Eurocrats» in Brussels. Although Tusk has demanded EU countries to open their borders and treasuries to the refugees, his native Poland is reticent to accept more than a few hundred. Poland’s opposition is joined by the Czech Republic, Slovakia, and Slovenia.

    Juncker’s successor as prime minister of Luxembourg, Xavier Bettel, who is Europe’s first leader to be in a gay marriage, has welcomed hundreds of refugees. Bettel does not believe in a Europe of borders and therefore, like Merkel, Tusk, and Juncker, he a hero to the Soros-funded NGOs who are turning Europe into a deadly social engineering experiment. Many Luxembourgers are in search of someone like Marine Le Pen in France to stop the refugee welcome wagon that threatens to obliterate the Grand Ducky of Luxembourg.

    The countries that have radicalized their jihadist guerrilla armies in Syria and Iraq, namely, Saudi Arabia, Qatar, United Arab Emirates, and Kuwait, saw fit to take in no refugees from the fighting in Syria and Iraq. Saudi Arabia had the unmitigated gall to offer Germany to build 200 mosques for the refugees, of course mosques that would only preach and teach the radical Wahhabist version of Islam.

    Meanwhile, there is evidence that Turkey urged refugees from Syria on its soil to join the mass exodus on unseaworthy vessels to its longtime adversary, Greece. This gambit has resulted in the deaths of many children and women, which has only served to pull the heart strings of northern Europeans who have invited thousands of refugees into their social welfare paradises. Turkey has also distributed handbooks to the migrants instructing them where to go once they arrive in Germany for government social welfare assistance.

    Just as seen with Soros- and CIA-directed themed revolutions in the Arab countries and Ukraine, migrants on the move have been instructed via Twitter where increased border controls have been established and how to bypass them. This «outside» direction has resulted in refugees heading from Greece, Macedonia, and Serbia into Croatia and Slovenia in order to make their way to the Austrian and German frontiers, thus avoiding increasingly hostile Hungary and Serbia. There has already been a practical border skirmish between Croatian police escorting a train full of refugees to the Hungarian border and Hungarian border guards.

    Whether they are termed neo-conservative or neo-liberal, the policies that have resulted in the worst refugee crisis to strike Europe since the end of World War II have their roots in the political boiler shops funded by George Soros and CIA front groups throughout Europe and the United States. It is only a matter of time before their roles in what has occurred in Europe will be discovered by the nationalists of the right and left and their publishing houses and web site locations will go up in flames.

    Eventually, Europeans will wake up and discover that Russia immunized itself from the refugee scourge by not playing ball with the EU and its contrivances. When newly-arrived migrants begin defecating, vomiting, and urinating on the streets of Tallinn, Riga, Vilnius, Helsinki, and Stockholm, refugee crisis-free Russia will not seem so bad after all.

  • Rupert lies in attempt to explain why his stooge left him out of State Capture investigation

    By Pinky Khoabane

    Rupert-Johann-2004

    Johann Rupert has now resorted to sheer lies in his explanation of why Thuli Madonsela didn’t broaden the state capture investigation to include him despite his control of the media, Treasury and other state organs.

    It is now common knowledge that Madonsela will be working at the University of Stellenbosch where Rupert is the chancellor but beyond that, we have published extensively, on how Madonsela has watered-down the investigation into R3.2bn stolen by ABSA and the recovery of the money, and how she has dragged the investigation for 6 years and finally left the office of the public protector without completing it despite many promises she would be releasing the findings. http://uncensoredopinion.co.za/madonsela-water-ciex-investigation/

    The R3.2bn theft forms part of the Ciex Report which details R26bn theft by Rupert’s Rembrandt (now Remgro), Sanlam and DaimlerChrysler. In the US, the conduct of leaving public office to join one of the clients/ people you were investigating is called the swing door syndrome and is a criminal offence.

    http://uncensoredopinion.co.za/madonsela-will-not-ask-white-capitalists-pay-back-r26bn-stole-r60bn-todays-evaluation/

    At the Annual General Meeting of Remgro yesterday, Rupert is said to have blamed the Gupta public relations company for linking him to state capture activities.

    The billionaire whose ill-gotten wealth includes among others, the money mentioned above and the tobacco trade, is getting desperate but he will have to confront the facts which clearly indicate the extent of his influence.

    Here are some of Rupert’s lies.

    • Lie 1. We have zero influence on the media or the [media] companies we are invested in

    We’ve published this web of media influence before.

    rupert-cartel

    Rupert says he has no influence in the media companies his companies invests in, so why bother investing? He thinks we are fools not to understand the influence shareholders have on their media companies. They pull the strings without having to say a word, Johann. You’re their puppet master and they understand the brief. Why do you think your involvement in the Ciex Report is not widely publicised? Why do you think the possible conflict of interest in Madonsela, who had been investigating you and the complicity or otherwise of your friends, Trevor Manuel and Maria Ramos in the R26bn theft from the SARB is not being widely publicised? Why do you think your state capture involvement has been completely ignored?

    Why do you think every commercial media report on the tobacco wars and BAT’s control of the State Security Cluster barely mentions you? You and I know it, they will get fired.

    • Lie 2. There exists a social media campaign which links him to White Monopoly Capital

    Rupert and those who spew this rubbish think we are fools. Commercial media reporting this drivel quote his Remgro company as a R113bn investment.

    Rupert is South Africa’s third richest person and the world’s 291st.

    He will need a better campaign than the two bogus researchers Kyle and Katie Findlay who trumped up findings that a campaign existed between UnCensored, me in particular, and others.

    The notion of Rupert being part of white monopoly capitalists didnt start this year. It’s been there for a while. Due to a pressing deadline, I cannot post links to that effect right now but I will.

    Perhaps he’s desperate to explain to his board, the declining sales in his luxury goods company Richemont SA. Shares in JSE-listed Reinet Investments in which he holds a 225 stake, have also declined. He was no 179th richest man in the world and has dropped to 291.

    There are more lies in his statement, which I will address in later articles.

     

     

     

  • We are the chosen ones, we changed fate of African people in 1976, we must again today…Tom Moyane

    By Pinky Khoabane

    tom-moyane

    SARS Commissioner Tom Moyane speaking at the Progressive Professional Forum this week. The South African Revenue Services (SARS) has for the first time in SA’s history collected a Trillion Rand. He says his and the mission of his team is to make Paying Tax Cool. He is the Class of 1976. They are the brave youth of Soweto – whose ages ranged between 10 and 20 years old – children really. They are the chosen ones who changed the course of history. They gave us the freedom we have today. They are in government and lead State Owned Entities and are hounded….But they will not deceive the many who died for this freedom. They are the chosen ones who shall now give Africans the dignity for which they died. They shall give them the economic freedom which they so deserve. 

    Here’s his full speech. Read, weep, be inspired to change the South Africa of racism, injustice, no matter how small your contribution. 

    “History has brought us together to remember the role we played to change the fate of African people in South Africa and the continent.

    We are gathered here today to bring back to our minds the tragic yet inspiring events of 40 years ago, the Soweto Upheavals of 16 June 1976.

    We are urged and reminded not to forget to remember the young men and women, the dead and living that deserve honour and recognition, that risked and gave their lives in the name of liberation and freedom. It would be appropriate to quote Latin phrase by a Roman poet Horace which fits the times and journey we traversed:

    Dulce et decorum est Pro patria mori”

    “It is sweet and fitting to die for one’s country.

    Many died in prisons, in combat, and many were maimed in the streets of Soweto, Gugulethu, Kwa Mashu, Mitchells Plain, Katenga, Matola, Maseru, Bulawayo, Lusaka, Paris, etc . Today South Africa is free. We are free. We are our own liberators!

    We are gathered here, in Soweto where it all began on that historical day 16th June 1976, to remember, to honour in particular the brave students, young men and women, little boys and girls – between the ages of 10 and 20 – who, despite the threat and the violence of the most brutal military regime in Africa and the world, were not afraid.

    We were not afraid. We were fearless. We would not be stopped from bringing a turning point in history. We were the ones history had chosen to assert African self-determination and the right to live in a just and equal society.

    As young men and women, we were determined to assert our right to be treated as people with constitutional rights in our own country. We had made the decision that we would be free in our own lifetime. 

    As one of us, the self-sacrificing cadre and revolutionary, Solomon Mahlangu said, My blood will nourish the tree of Freedom, tell my people I love them – A luta Continua”

    Look at us, now.

    It was a bold decision which when we look back today, changed the course of history in our country. We have always known, from a very young age, that our fate is in our hands.

    The children of 1976 Soweto and the country in general – as we have come to be known – were good children. They were fully alive to their role in history. They knew that Nelson Mandela was in prison. They knew that Oliver Tambo was in exile. They understood that the liberation movement was banned.

    It was their firmest conviction that they had to be their own liberators. It was a response to the rallying cry, Black man, you are on your own that prompted them to take action. They were stirred by the philosophy of Black Consciousness.

    But they were not partisan. They were open-minded and receptive to all ideas. Some worked with underground operatives of the banned liberation movement, the ANC and the PAC. 

    All that they learnt was to be selfless, self-sacrificing and vanguard of the revolution.

    Thus they were willing to give their lives in an uprising that changed the course of history. They inspired the youth throughout the country to rise up against apartheid injustice, exploitation and oppression. 

    Apartheid education system sought at all material times to reinstate a well-designed narrative of inferiority complex on the African child.

    carter-g-woodsonIn his book titled Mis-education of the Negro Carter G Woodson “when you control a man’s thinking, you do not have to worry about his actions. You do not have to tell him to stand here or go yonder. He will find his “proper place” and will stay in it. You do not have to send him to the back door. He will go without being told. In fact, if there is no back door, he will cut one for his special benefit. His education makes it necessary. …. The Negro thus educated is a hopeless liability of the race.” The inferiority of the African is drilled into him in almost every class he enters and in almost every book he studies.

    40 years later, those brave young men and women are gathered under this roof today. We have been brought back together to remember who we once were. Masingalibali ukuba sizalwa ngobani, ukuba singobani.

    We are the custodians of the fate of African people. We are entrusted with the responsibility to bring about socio-economic transformation and change. Our mission is not yet complete.

    History has shown us to be trendsetting leaders and pioneering visionaries. What we achieved – defeating the most brutal military regime known to human kind – was inconceivable to white supremacists. 

    But with our courage, defiance and boldness, we did it. May Africa continue to bless us and give us courage. Our business is not yet finished. We have a serious job to do: to bring about economic transformation and socio-cultural change.

    We did not fight to just defeat apartheid. What we fought for was more than just political freedom and one man one vote. Our ultimate political goal was – and remains – to bring about a society that would restore the dignityeconomic freedom and better life for all the African people. 

    What we desired was a society that would create enabling conditions for African people – as individuals and collective – to take their future and fate into their own hands.

    What we fought for was to wrestle economic power from a white minority capital that monopolized the land and wealth of this country. We wanted to take back that power to gradually build up a common society in which the historically disadvantaged would take their rightful place in leadership. This is what we fought for. 

    Yes, we have political power. Our historical mission is not yet fulfilled. In carefully reading his inspiration insights by Woodson “In the schools of business administration Negroes (Africans my emphasis) are trained exclusively in the psychology and economics of Wall Street (JSE my emphasis)and are, therefore made to despise the opportunities to run ice wagons, push banana carts and sell peanuts among their own people. Foreigners, who have not studied economics but have studied Negroes (us my emphasis), take up this business opportunity and grow rich” leading to massive and rampant “xenophobia

    It is now, more than ever, that we have to rededicate ourselves to the struggle for economic emancipation. After 22 years of freedom, even before, we have realized and know that political power without economic power means very little.

    We are the chosen ones, as we grow older, to mount more pressure to make sure that our people get what they deserve: social justice and, above all, economic justice. 

    Our people in Soweto and every corner of this country deserve the happiness of a full life.

    But the young men and women of 1976 are, once again, under siege.  We know that they brought about the Kempton Park talks and CODESA that ultimately gave us 1994. This delivered the first democratically elected president of the country, our own global statesman, Nelson Mandela. 

    We should not be deceived by these gains. The enemy that controls capital and the media has not rested. There is a full campaign underway to undermine and destroy the credibility of every leader who is a product of 1976.

    As I look around this hall, what I see are icons and legends of the African struggle. These are visionaries and activists now in government and parastatals that are under unrelenting and hostile attack by the media. They are portrayed and projected as corrupt and incorrigible personalities who put their own individual interests first at the expense of the people. 

    The enemy will not rest until they – the former leaders of 1976 – are broken men and women who scurry away looking for a place to hide, in shame. They are guilty until they prove themselves innocent. They will be pushed to the brink to commit suicide, resign or just give up. 

    Today, many of them are distrusted by their own people. 

    As Malcolm X said, beware of the media. It will have you loving your enemies and hating your own friends and family.

    We are gathered here as comrades and friends, brothers and sisters to remind ourselves that the mission of 1976 is not yet fulfilled. 

    If we do not remind ourselves about who we are, where we come from and what we have done, we will allow ourselves to be dissuaded and distracted from our historical mission. We must keep our eyes on the prize: economic justice for all our people.

    Each of us has played his part. But the tasks that lie immediately ahead of us are in different circumstances. We are not faced with the same challenges that we faced 40 years ago when we were young men and women. 

    It is easier to fight oppression than it is to define and establish freedom.

    We have experienced in the past few months, a horrendous and unrelenting onslaught by supporters and beneficiaries of white monopoly capital how incapable, inept and corrupt the working Africans, this is aptly captured again by Woodson “Facing this undesirable result, the highly educated Negro (middleclass, beneficiaries of BEE deals, –my emphasis) often grow sour. He becomes too pessimistic to be a constructive force and usually develops into a chronic fault-finder or a complainant at the bar of public opinion. Often when he sees that the fault lies at the door of the oppressor whom he is afraid to attack, he turns upon pioneering Negro (African – my emphasis) who is at work doing the best he can extricate himself from uncomfortable predicament”

    We are now in government. We need to be sufficiently focused, hardworking and disciplined not to forget what our historical mission. We cannot allow ourselves to be broken by the media.

    Yes, we can reunite and hold each other’s’ hands. Let us call each other to order if we must. Let us remind ourselves of the pivotal role that we have all been called upon to play. Our historical mission is not yet complete.

    For example, in the realization of this historical mission, SARS – the organization that has been entrusted to my leadership – has a vital role. The Revenue Service is the lifeblood of the state. It is the embodiment of the lifeline to the government. 

    No government can meet or carry out its obligation to the people without an efficient and effective revenue service.

    SARS has been rated as one of the best revenue agencies in the whole world. The people of Europe, Asia and the African continent, for example learn and know well that we have insight, knowledge and systems that can improve revenue collection in the whole world. This is a great achievement of the men and women – many of them from the 1976 generation – who are at the helm of the organization.

    Let me remind you that for the first time in the history of SARS, we achieved the target of R1-trillion in revenue collection last year. This is great news for our government in these bleak economic times when we are faced with almost being reduced to junk status. 

    Despite how we – the men and women of June 1976 – are portrayed, we are leading a government and a country that works.

    We know who we are. If not, we are gathered here today to bring back to our memory and mind the events that happened 40 years ago. But our responsibility, focus and role have changed now. We are here to redefine a new mission that will see us determine the fate of our people, the country, the continent and the whole world for the next 40 years. Stand resolute in making a difference in pursuing profound the transformation agenda for our people especially the Black Professionals away from self-pity!

    We are the ones that the world has been waiting for. We dare not fail. We should remind ourselves of our achievements. We have done well. But there is more work to be done. 

    Thank You

  • How Nestle, Standard Bank & Deloitte muscled-me-out of a deal I brought to them

    goss

    By Sean Goss. You can find him on Twitter @GossSgafc

    When I came into the owner driver game there were already substantial players. ABI/SAB already had these schemes operating within their depots across the country. Unions were vigorously opposed to them. My consulting firm was rendering normal services to entrepreneurs.

    A few owner drivers wanted a Black firm to act as “Management Company”. We thus set up an additional firm, known as, Full Colour.

    Within a month from the launch I faced difficulties with ABI management, for questioning their remuneration model. The problems surfacing in many probes today were identified way back then.

    The Owner Driver Scheme that I built from the ground-up was the Nestle Scheme (1999 to 2003). This happened after drivers from Nestle approached me to explore this opportunity for “Black Empowerment”. We immediately approached management, who were very elated to “outsource” their logistics, and minimize union activity within the sector. With the logistics managers, we vigorously crunched the numbers and refined our costings of the models, to avoid the problems bedeviling other schemes. In short our model factored in all potential costs and guaranteed profits for the drivers. It was a success, until it was scuppered.

    I devised an empowering model that would “hold hands” and gradually guide these budding entrepreneurs into self-empowerment. The model was two-pronged, i.e. rates would be paid into a trust account, vehicle leases would run from this account, with public, and goods in transit insurance. Surpluses would then be paid to the individual drivers’ bank accounts. Productivity shot through the roof and Nestle drivers were outperforming other schemes such as SAB/ABI, Kimberley Clarke, etc.

    We concluded finance and logistic/fleet agreements with Standard Bank, which I had brought onboard. At the initial stages we managed two depots, Isando and Pretoria. Parties to the agreement were, Full Colour, Standard Bank, Nestle and the Drivers.

    Within 6 months a white-owned management company was contracted to operate the rest of of the country (using my intellectual capital). This I regarded as fair competition, and had no qualms, even if they stole my  strategies –   until the Pretoria depot management made allegations of theft and fraud against me, summoned me to a meeting where I was humiliated by Standard Bank, (that I gave the business). This was in the year 2000. Deloitte (Nestlé’s auditors), audited the trust account, and save for some admin errors found no impropriety. The management, however terminated the contract, and I let it be…

    A year later (2001), management at Isando started circulating rumours that I was “stealing” the owner driver’s money. In the spirit of transparency, I regularly provided management accounts and bank statements, dispelling all their fears. Drivers were doing well, earning more than Nestle bosses. A comical situation arose when management would claim I’m “stealing from the drivers” and yet complain in private meetings, that I was “paying them too much.” They would recommend that I operate like other management companies, or like Terrafin Holdings Ltd. I was shocked to learn that Terrafin, owned by Willie Rautenbach was contracted to Nestle. Google the fraud and theft that this company was responsible for, covered-up by Standard Bank and the press. Only Noseweek investigated this corruption.

    Stannic goes along with R15m Fraud http://www.noseweek.co.za/article/98/STANNIC-GOES-ALONG-WITH-R15M-FRAUD

     

    I resisted all their efforts to become part of the “management company” system, i.e. being one of the anointed companies contracted to Nestle, paying the drivers a minimum wage and giving work to mostly white service providers. WEE. I empowered mostly black service providers.

    Then the wheels came off. Nestle notified me that “their auditors”, Deloitte, were commissioned to conduct a forensic audit on my scheme, due to “countless allegations of theft”. I was prepared to co-operate but then I remembered that I lost a previous contract at Nestle Pretoria. After legal advice I informed them that I would not co-operate and that they could do whatever…I wasnt afraid of them.

    As an accountant I have many friends in the industry and thus assembled and procured a specialized team of chartered and forensic accountants. We scoured through the records of the lost contract in Pretoria and uncovered huge fraud. (Bank statements and correspondence were still emailed/mailed inadvertently by bank). We pored over all this material and compiled a huge report, highlighting the malfeasance on the part of the White Management Companies.

    Nestle management were unaware of my investigations. When summoned to their meeting on 9th October 2002, I brought my material with bundles for all parties present. Management looked confident and assumed I would be pliant, like before. I surprised them with my damning report and shocked them further by suggesting that the Scorpions be brought in to investigate their entire scheme, and that Deloitte could not be trusted since they were implicated in Terrafin cover-up and other worldwide audit scandals (then rife in 2002).

    What surprised me was how these normally diplomatic managers/ business people turned into foul mouthed rude people. They verbally attacked me and tried to cast aspersions on my character. I dug in my hills and decided to leave but knew I have upset their little applecart.

    Within one day, my normally cordial Black partners turned hostile. I then learned that they were called by Nestle and instructed “to talk to me”. I would not budge. I senior director from Deloite turned up unannounced and begged me not to proceed with the investigations. A week later my “partners “changed the locks on our office, kicked me out, blocked me from accessing the bank accounts (bank never notified me) and I was left destitute and unemployed.

    I then sued Nestle for R1million rand and my lawyers commenced with preparations. Mysteriously one evening I was followed by a 4×4. Several attempts to drive me off the road were made. I contacted my friends, who came to my aid and we drove the thugs away. Documents filed at my house, also mysteriously disappeared, after a”Telkom Visit.” I suspect it was all part of a ploy to bully and scare me into dropping the investigation.

    My family pleaded with me to drop the case for my safety and move on, which I did.  But when looking at events today – the bully tactics and thuggish behaviour of established business such as the “closure of opponents bank accounts” and your own Black people sell-you-out for money and economic terrorism, I can relate.

    Sean Goss is a Chartered Accountant

     

  • BEE has become WEE – Instead of benefiting Blacks, Whites biggest beneficiaries

    By Pinky Khoabane

    How a BEE programme meant to empower Blacks in the transport industry ended up empowering White firms……

    hand-shake

    It was an elaborate programme with all the checks-and-balances- were it not for a group of greedy individuals. Its goal was to emancipate truck drivers and to facilitate the entry of previously disadvantaged operators into the multi-billion rand freight transport industry.

    The programme was a collaboration between financial institutions and development-funding institutions in order to ease entry for black entrepreneurs into the industry. In many instances, the freight companies got involved and turned their truck drivers into owner drivers who continued to service the freight companies, not as employees anymore, but as entrepreneurs.

    Special loan facilities were developed by which financial institutions would provide finance for the purchase of trucks on the back of sustainable transport contracts offered by the big transport operators.

    In the Mercedes Benz Financial Services case, the Industrial Development Corporation stood surety in an amount of R300m while the National Empowerment Fund provided working capital for the entrepreneurs. In another partnership, IDC and ABSA offered R400million over a set period and the development financier guaranteed the scheme to a tune of R200m; effectively sharing 50 percent of the credit risk.

    Everything was really in place to execute government’s key pillars in turning the economy.

    White-owned management companies cropped up everywhere and their task was to offer support services such in business administration (compliance with laws that govern businesses, payment of SARS, salaries, repayment of loan and other related payments such as insurance, etc), source sustainable transport contracts, mentorship and training.

    In all the cases I’ve dealt with, the trucks involved were Mercedes Benz trucks. The management companies led the entrepreneurs to Mercedes Benz dealerships. These dealerships would in turn, send black entrepreneurs looking for trucks to the management company. For example, Jason and Dave Tabraham sold at least 40 trucks in a son-and-father arrangement in the Mercedes Benz Financial Services Scheme. The son worked for the dealership and his father owned the management company, Mobile Outsourced. Within months, the management company was bankrupt leaving the entrepreneurs with vehicle finance which they couldn’t service. Dave moved to another management company, Tradewing, and together with Afrifresh, exporters of fruit, started a similar scheme. Again, within months, the partnership had enlisted black entrepreneurs who were enticed into taking out vehicle finance for trucks sold by his son, Jason. Like with the first company, this one too went bankrupt leaving all the beneficiaries destitute. They have all lost homes, marriages and their trucks have been repossessed.

    In Gauteng and Kwa-Zulu Natal, similar stories are told with other management companies.

    Now the malaise of the programme is stirring controversy with questions about the true beneficiaries of the Scheme.

    Numerous lawsuits and complaints, ranging from fronting to tax fraud, have been lodged by the “beneficiaries”.

    In an affidavit lodged in the North Gauteng High Court in September last year, Tshiamo Association, a group representing 18 entrepreneurs, says they were “exploited” and have “suffered continuing and substantial financial losses and severe emotional distress”. The only people who benefited, the group contends, are the white-owned management agents, motor dealers and the financiers – all of whom fall outside the group for which the Scheme was intended.

    Similar claims are contained in a report compiled by the Presidency following accusations by a group of former employees of Amalgamated Beverage Industries who turned owner drivers. The accusations were sent to the Department of Trade and Industry for investigation. The Financial Services Board and SARS have also been investigating ABI’s scheme.

    Tshiamo have also lodged a case with the SAPS against the management companies involved. Their case is currently with the National Prosecuting Authority.

    The story of this country’s transport BEE scheme is one of the most heart wrenching. We are not socialized to see men cry, more so when they are elderly but the sight of a room packed with men whose lives were ruined as a result of the ABI Owner-Driver Scheme haunts me to this day.

    There have been few successes in the implementation of BEE. The establishment of the BEE Commission and revised codes of good practice, should curb such incidents. However, this Commission will have to be vigilant. It must be given the support to police BEE and broad-based BEE. Ultimately, however, whites must understand BEE for what it is and therefore embrace it: It is the only constitutional and peaceful means by which to transfer wealth from whites to blacks.

    BEE: Is it benefiting Blacks

    The BEE model, premised on black ownership in white established companies has been flawed. Blacks have had to find finance, from institutions owned by white monopoly capitalists, to buy into their companies. The beneficiaries have often been chosen according to their connections to political and government connections. The capitalists’ requirement in a BEE partner is the latter’s ability to generate profits for them.

    This model has created a small elite group of Black dependent capitalists. Many have emerged in recent months as protectors of profits of their capitalist masters in the name of protecting the economy.

    Fronting, corruption and patronage have become rife due to this model of BEE.

    BEE Commission set up in April 2016

    The BEE Commission was set up to investigate fronting and other abuses and had by Sept this year noted 96 complaints. It came as no surprise that complaints included:

    • – BEE shareholders have no authority
    • – BEE shareholders weren’t involved in the management of the companies & financial information was withheld from them
    • – BEE shareholders were simply there to meet BEE rating levels
    • – BEE rating companies, owned and run by whites in most cases, were themselves corrupt and often gave score-cards without consulting the BEE beneficiaries

    What Danisa Baloyi, President of Black Business Council says about BEE

    danisa-baloyi Danisa Baloyi

    Truth be told, BEE has largely empowered our white compatriots. Let me drill it down, we set out as black people and put together positive policies, then we give them to government who then give it to white consultants and we end up with diluted versions of policies that were never our design, but they get implemented by our government as we watch from the sidelines in disbelief-disempowered. Case in point so I cement my argument; I was part of the BEE Commission that was chaired then by our current Deputy President. We spent months working on the document, beautiful, balanced as we gave and took. We handed in our recommendations to our then Minister for Trade and Industry who actually said at the launch, “Black man you are on your own”, and the response from our then Chairman was “yes we are on our own with our government”. However, what we handed in and what ended up enacted were 2 different things. I remember, the that I remarked, after the SONA that year “ that we asked for a Rolls Royce, and we got a Volksie”. It got me in trouble, but it WAS THE TRUTH. The end product moved from being Black Economic Empowerment (BEE) to White Empowerment (WEE) which remains until today!!.

  • The Case for Leaving the ICC

    Khotso Molekane argues that the International Criminal Court (ICC) has neither the moral standing nor integrity on which to prosecute anyone….

    omar-al-bashirSudanese President Omar Al Bashir

    International criminal justice has its roots in the trials of the Nazis and Imperial Japan after the Second World War. It is based on the belief that there are good guys who fought a good war and the bad guys who lost because they are bad.

    Once the moral side has been established, the country is absolved of all war crimes it has committed. According to this narrative, the losing side lacks moral standing and therefore all their actions are punishable as war crimes. Judges are appointed do dish out the predetermined verdict. This is the reason why US leaders were never held accountable for the air bombings of the German city of Dresden and Japanese cities of Hiroshima and Nagasaki, using nuclear weapons, despite widespread consensus that their actions were classical war crimes. 

    The ICC is modeled on the above picture, except that there is no pretence of due process or equality before the law within its corridors.

    Firstly, the appointment of judicial officers leaves much to be desired. Consider the case of Fumiko Saiga, a Japanese diplomat who became an ICC judge from 2005 until shortly before her death in 2009. Her appointment as a judge was meant to accommodate Japan as the second biggest donor to the ICC after the European Union. Unfortunately, Japan did not have a judge with a good command of any of the official languages of the court.  As a diplomat, Saiga had a good command of English and was therefore given the job despite her lack of legal training and judicial experience. 

    Judicial Incompetence

    After her death in 2009, she was replaced by another Japanese diplomat, Professor Oniko Ozaki, who possesed no judicial experience whatsoever. If our constitutional court orders our government to ensure that suspects extradited to countries that apply the death penalty are exempted from it, how can our constitution allow suspects to be extradited to a court that employs incompetent judges and falls far short of our expectations of competence?

     How is all of the above possible? It became possible because the ICC was never intended to try Westerners. It was intended for the former subjects of colonialism.  The court is the new instrument of colonialism. This was confirmed by the former British Foreign secretary, Robin Cookwho said: “If I may say so, this is not a court (meaning the ICC) setup to bring to book Prime Minister of the UK or President of the US”. Obviously this degree of honesty would not help to sell the court, especially to Africans. A more benign explanation had to be sought.  It came in the form of offering protection to vulnerable Africans from their leaders.  Professor Mahmood Mamdani reminds us that the History of modern Western Colonialism in the 18th and 19th century and imperialism of the 21st century claimed to be done for the protection of vulnerable groups.

    The issue of Impunity

     Anyone who opposes the court is labeled as a supporter of impunity. Let us examine the concept of impunity where the ICC is concerned. At the recent conference of State Parties to the Rome statute, Botswana warned African countries wishing to exercise their right to terminate their membership of the court that their actions would lead to increased impunity. What is strange about this statement is that Botswana, Nigeria and Rwanda are amongst numerous African countries that have signed Article 98 waivers. Articles 98 waivers were introduced to modify American Service Members Protection Act (ASMP Act) of 2002. Section 2007(a) of the act prohibits military assistance to countries that are parties to the ICC. Articles 98 waivers were introduced to allow countries that were members of the ICC to continue to receive US military assistance on condition that they make the following concession; the signatories of the waiver committed not to hand over to the court any American serviceman accused of ANY war crime regardless of its seriousness. ASMP Act empowers the US armed forces to free by force any US service men held in The Hague by the ICC. This Act was subsequently dubbed ‘The Hague invasion law”.  As a signatory to Article 98, I struggle to understand how Botswana can preach about impunity. Article 98 waivers are the Holy Grail of impunity.

     The coterie that went to court to force the Republic of South Africa to hand over Sudanese President Omar al Bashir to the ICC would not want this inconvenient detail to distract us from saving Africa.

     Western countries are aware that they have no credibility in the eyes of ordinary Africans.  As has been the case since the arrival of colonialists, the dirty work of selling colonialism falls on the shoulders of the modern day askaris (NGOs like Southern Africa Litigation Center).

     India declined to join the court after its reasonable request that usage of weapons of mass destruction (Nuclear, Chemical, Biological and land mines) be classified as war crimes, was turned down at a gathering of State Parties. If usage of weapons of mass destruction is not a war crime, what is?

     Lets now focus our attention on what the court has been up-to on our continent. The court has indicted two sitting heads of state on the continent- Uhuru Kenyatta and Omar al Bashir. Al Bashir’s indictment was based on reports collected by western backed NGOs. The ICC prosecutor and his staff  indicted him without setting their feet in Sudan or Dafur.  The Kenyatta case crumbled and had to be thrown out. Al Bashir remains a free man. 

    charles-taylor

    The trial of former Liberian President Charles Taylor had the hallmarks of a Kafkan trial. I will quote the words of the Senegalese Judge, Justice El Hadji Malick Sow who sat on the bench during Taylor’s trial: “I disagree with the findings and conclusions of the other judges, because for me under any mode of liability, under any accepted standard of proof, the guilt of the accused from the evidence provided in this trial is not proved beyond reasonable doubt by the prosecution. And my only worry is that the whole system is not consistent with all the values of international criminal justice, and I am afraid the whole system is under grave danger of just losing all credibility, and I am afraid this whole thing is headed for failure.”

     As soon as Judge Sow started reading his dissenting opinion, the other Judges walked out of the room and the court technician turned off his microphone and brought-down the curtains of the public Gallery. If this is how the court treats a dissenting judge what of a marked accused? Compare this with the DRC where close to four million people died in the most savage conflict since the Second World War. None of the leaders of the surrounding countries who supported different factions and even had their troops in the DRC were indicted. The reason is quite simple, they were and remain poster boys of what can be achieved if you work with the West and the US specifically. 

    The composition, conduct and procedures of this court stand in stark contrast to the values of our constitution. Its either we keep our constitution or leave this court or stay with this court and change our constitution. We can’t have it both ways.

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