home Andile's Column Dear Editor

Dear Editor

It is pleasing to breathe some fresh air for a change which change was long overdue. Thank you a lot for this change.

I must say that this is what the masses of our people need to know. I just wonder how this could be disseminated to them in their own languages particularly those that are spoken and understood by the majority of the Nguni tribes. A Zulu version could be the first. It would then be how since the majority of our people have no access to electronic systems.

A very important discourse that deliberately escaped the public space was the judgment of the Supreme Court of Appeal around March this year of the Justices of the Constitutional Court against Judge Hlophe and others. The court, in its judgment, gave a legal lecture to the Constitutional Court judges. It is interesting that a lower court lectures members of a higher court on the operation of law and its principles.  This did not appear in any of the European owned newspapers.

I believe that not only has white monopoly capital captured the state, they have long captured even the judiciary. The long list of judgments against the ANC, the President and government is testimony to this. It is ironic that Tokyo Sexwale, on the eve of the spy tapes judgment this past week, wrote to a family member of the Guptas where, inter alia, he mentioned that they may have captured the state but not the judiciary. I can forward you that letter. This calls into question whether he had already known the outcome of the spy tape judgment.

Tokyo has been politically inactive, publicly at least, for a very long time. Why does he come out on the eve of the said judgment?

There are so many other matters which suggest judicial capture by imperialists we have not read or seen in their media instruments, its no joke. Deputy Chief Justice Moseneke once presided over a matter of his brother in the Constitutional Court and did not recuse himself. The same Moseneke once pronounced at a party about a matter that was either already at this court or it was evident that it would land there. This involved the President who was just elected the President of the ANC in 2007. He again did not recuse himself from the bench.

Deputy Chief Justice Moseneke sits on so many boards of companies as a director that it would be difficult to establish any conflict of interest in the judgments he is part of when it comes to perhaps publicly unknown subsidiaries of the companies he represents. Why are judges permitted to sit on boards of companies?

The rot is so wide in the judiciary, it is a free for all. It is my belief that many judges are on the payroll of imperialists to oust the President. Why did the ConCourt rule that the President was not supposed to follow the Western Cape Court judgment because it was wrong? How was he supposed to know when legal advisors of both his office and parliament regarded it as correct? How does any lawyer go against a court ruling? The decision favoured both the President and parliament. Now which idiot would appeal a judgment which favours him/her?

So much to say about the judiciary!

That said, please look into the way the judiciary continues with impunity to violate the Constitution and their own oathe of office. Today the Chief Justice  is going around the country on a ‘roadshow’ preaching about the dangers of corruption and corrupt leaders. Who are these corrupt leaders he is talking about? Why is he on this talk soon after the Nkandla judgment that he was part of? Is he inferring that the President is corrupt? Would he recuse himself from any corruption related matter of any leader in future as we do not know who are these leaders he was referring to? Is he now a politician?

I pause and thank you for your inspiring and thought provoking insights.

Yours Truly

Roy Morgan

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