The Global Community Tribunal

For some or other reason someone posted a letter on Muti today which was written and published as far back as 12 April 2007. This open letter addressed to Thabo Mbeki under the title “Dear Mr President …” was written by Brian Chikwava and deals with the Zimbabwean crisis and the proposed manner in which Thabo Mbeki should deal with it. The letter starts off with the following:

“Dear Mr President ….There are clamours from all corners of the Earth asking you to do their bidding on the Zimbabwean question. I do not agree with that on principle. Although I am not in the habit of writing letters, I am worried that events north of the Limpopo may soon leave you with few comrades to count on.

South Africa’s own path to democracy is instructive. Today, from the Republic of South Africa we have witnessed the birth of the African Renaissance, which now roars up in the sky like the sun, sending freedom and great tidings to the weary bones of the inhabitants of the continent of Africa.

I agree that Zimbabwe’s problems should be solved by the people of Zimbabwe. A cursory glance at history will reveal that, in their struggle for democracy, South Africans went about their business quietly. They never bawled for outside help in the way Zimbabweans are doing. They never moralised to the world about the conditions in their country. They did it all by themselves.”

Maybe it is good that the contents of this letter be evaluated now, almost a year after being written. Maybe we may learn something of the unfathomable intellect of Africa.

He firstly refers to South Africa and the birth of the ‘African Renaissance’. He says it “roars up in the sky like the sun, sending freedom and great tidings to the weary bones” of Africa. With a ‘renaissance’ I presume that he refers to an age of enlightenment which follows on some medieval, dark age as occurred in Europe a few centuries ago. As I am not aware of any development, I’m afraid that the writer will have to provide more information about this roar into the sky”, what ‘new found freedom’ he refers to. The ‘tidings’ he speaks of have also not reached our ears.

I must confess towards Mr Chikwava that all I see is the DRC, Kenya, Zambia, Somalia, Ethiopia, Sudan, Chad, Ivory Coast, Mauritania, Equatorial Africa and even Nigeria. No renaissance is taking place in these places that I know of. Maybe he refers to Botswana, the AIDS ridden country that is the only light in Africa. Even in South Africa everything indicates that the Western concept of a democracy based on the Rule of Law is on a downward slope and that your concept of freedom is taking over.

It is obvious from the letter that Brian Chikwava is a staunch supporter of Robert Mugabe. He says

“The entire population of Zimbabwe was liberated by Comrade Robert Mugabe, a great son of Africa. But since then they have forgotten themselves. On close examination, we can see Zimbabweans misbehaving, throwing their tails about, employing all the force of their ballot boxes to evict the great liberator from office.”

The ‘entire population’ referred to presumably does not include the whites as they were disowned and chased out of the country. I also presume that it does not include the almost 100 000 Mathabeles, murdered on instruction of this great liberator. It would further seem to exclude those ignorant members of the population who see freedom and liberation as something that culminates in democracy and the exercise of the vote at the ballot box. Can you believe the audacity of these people using the ballot box to remove this great liberator from office?!

I would agree that one should ignore the demands of those bastards in the West. The problem I however foresee is that we’ll have serious problems without the US$300 billion aid on which we depend. You know, on top of the US$ 300 billion our ‘liberators’ dispossess from their populations, it is rather a substantial amount to do without. We need money to buy bullets so that we can effectively intimidate the demonstrators.

So, under the circumstances, I do understand that you are satisfied with the way in which Mbeki has handled the matter. Your liberator can go on doing what African liberators do best whilst Mbeki keeps the West satisfied and the money rolling in.

Before closing off I would like to share with Mr Chikwava one piece of personal wisdom. You know, life has certain rules. In trade, for instance, if you want to make profit from selling bananas, you must sell it for more than you paid for it. In your price you must also provide for those losses due to bananas getting bad. Simple rules. If you want to make more profit, you can’t just raise the price because you are then going to be more expensive than your competitor. You must buy more, start new distribution points, train people to sell for you – keep them from stealing from you, etc.

Now, western economics, liberation, freedom and democracy – all these concepts have their specific principles to be followed. You do not kill a man and say that he has been liberated. In the West that is not liberation. It’s murder or, as in Mugabe’s instance, a crime against humanity. No, you give him a ballot paper and a ballot box and you tell him to vote for the person that he wishes to govern him in accordance with the Constitution. You tell him that if, by any chance his candidate is not finally chosen by all, he should accept the choice of the majority. He must not start killing those who voted for the winner. That is how things work. If it does not work like this it may be something peculiar with an African name. It is however not freedom and democracy.

Finally and in regard to the renaissance, I wish to add, The day you and your bro’s accept these basic principles I explained to you – that day will be the first day of the African Renaissance!

J.C.Grobler.

Popularity: 99% [?]

Share This

In Sunday’s Sunday Times Mondli Makhanya (News & Opinion, p18) writes under the title “Don’t squander this new start on yesterday’s crooked rogues”. He discusses the supposed ‘moral dilemma’ of Tony Yengeni’s election on the National Working Committee of the ANC.

He specifically refers to Kgalema Motlante who indicated that “the ANC will only intervene when your own conscience fails to guide you”. I would presume that this means that the ANC will intervene when your conscience fails to guide you to do the honorable thing – whatever that ‘thing’ may be.

I suppose that the ‘new start’ Mondli refers to should be interpreted as an acknowledgment that there was no moral standard under the Mbeki regime. No one can find any fault with this conclusion. Morality and the Rule of Law has never been on the Mbeki agenda. How could we have expected it whilst most of the ministers and officials came into office with a criminal record?!

On what basis Mondli can however hope for a new beginning after Mbeki, boggles the mind. Mr Jacob Zuma has been elected as ANC president and National president to be. Where is the guidance of conscience Molanthe refers to? When the ANC choose Yengeni for the Working Committee, where was the moral guidance? In the investigation into the arms deal I find no moral standard. In the furor following the news that Selebi will be prosecuted, where is the respect for the Rule of Law as a basis for any moral standard?

The Americans have a concept known as The American Dream which is also interpreted as ‘striving to ensure that the next generation enjoys a better life than the present’. In South Africa the best we could do is to hope that the next generation will not be much worse off than we are. At this stage I’m not very hopeful.

J.C.Grobler.

Popularity: 98% [?]

Share This

It would seem that Annapolis and the Bush tour of the Middle-East were just again much ado about nothing. What we have are just more group photos and more promises of a settlement in the near future. The only thing new was Bush’s call for a withdrawal by Israel from occupied Palestinian territory. This is reported in News Day as follows:

“There should be an end to the occupation that began in 1967,” Bush said in describing the opening point for peace negotiations. “The agreement must establish Palestine as a homeland for the Palestinian people, just as Israel is a homeland for the Jewish people. These negotiations must ensure that Israel has secure, recognized, and defensible borders. And they must ensure that the state of Palestine is viable, contiguous, sovereign and independent,” he said.

With these two war mongering nations which the Israeli and Palestinian leadership represent, I would however not get my hopes to high-up if I were Bush. The Israelis would much rather assassinate Ehud Olmert than allow him to broker such a deal with the Palestinians. They have done that to Yitzhak Rabin and they’ll do it again.

Traveling to Las Vegas in the US by bus, you reach a point where the road splits. Some people have to get off and continue their travel with another bus. Reaching this point on a tour some time back, the bus driver announced that those going in the other direction had to leave the bus and, added “Those going to Las Vegas, good luck”. Well, to the peace brokers in this dispute I say, good luck!

J.C.Grobler.

Popularity: 99% [?]

Share This

During the Polokwane conference I heard that the ANC wants to celebrate the battle of Cuito Cuanavale as an historic victory for the liberation of Africa. Initially I could not believe it and accepted that someone made a mistake. Later on I heard it again. ‘Are these people serious?’ I thought by myself. This was not the story friends of mine told me when they returned from Angola.

In the Rapport of today ex chief of the Defense Force, Genl Jannie Geldenhuys reacts to this assertion.

He repeats the ‘score board’:

Tanks destroyed: Cuba/Fapla 94, SA 3

Troop carriers destroyed: Cuba/Fapla 100, SA 5

Logistical vehicles destroyed: Cuba/Fapla 389, SA 1

Soldiers killed: Cuba/Fapla 4 785, SA 31.

As a result of this battle the Cuban commander, Genl Arnaldo Oshoa Sanchez and a “Hero of the Republic of Cuba’ was executed by a firing squad on his return.

I have no problem with the ANC choosing the outcome of this battle for commemoration and celebration. They and the rest of Africa have so little to choose from. But if this battle qualifies as a ‘victory’ I can think of a few more that may be considered, Bloodriver not be the least of them.

J.C.Grobler.

Popularity: 100% [?]

Share This

Reading the court sentence of the kidnappers of the Chad children, allegedly kidnapped by workers of the Zoe’s Ark charity,  I wondered by myself whether it does not provide an acceptable punitive compromise.  In South Africa and as a result of the present crime wave,  the demand for the re-introduction of the death penalty is growing. People believe that it would act as a effective deterrent for criminals. I read on a bill board that a call was even made from the pulpit of some church for the death penalty to be re-instituted.

 
I, for one, am however not in favor of the death penalty. But would it not be a viable option to consider the re-introduction of hard labour to be added to jail sentences? I understand that even this kind of punishment is prohibited by the Bill of Rights in the Constitution. But rather than amending the Constitution to introduce the death penalty (which many of us oppose) why not opt for the lesser evil?

 
It is a fact that the efficiency with which criminals are apprehended and brought to justice is the greater deterrent and not so much the punishment they receive. It may however well deter the commission of incidental crimes.  I’m  quite sure that the message will very soon spread that a life sentence of hard labour is no fun and that criminals at least should think twice when they go on the rampage. You may steal and earn yourself the normal kind of punishment. But do not kill or attempt to kill just for the hell of it–  from which the thief and robber in any event stand nothing to gain – because the penalty is so much worse.

 
I sincerely believe that this idea has some merit.

J.C.Grobler.

Popularity: 99% [?]

Share This

Remember the case of the 6 French workers of the charity named Zoe’s Ark who was arrested for trying to smuggle 103 children from Chad?  Well, they were found of “attempted kidnap of children, breaching their civil rights”. They were convicted to eight years in prison with hard labor. A compensatory order for the payment of 6,3 million Euro was also made against them, payable to the families of the 103 children that were involved.

The rest of the story can be followed on iafrica.com .

J.C.Grobler.

Popularity: 100% [?]

Share This

We all called for a war on crime in South Africa. Well, we got a war. What we however have is not a war on crime but a war between two law enforcement agencies, i.e. the South African Police Services and the Scorpions. While crime is rampant, we are fighting each other. First the SAPD invades in numbers the house of Adv Nel of the Scorpions, arrest and detain him over night.  The the National Commissioner of Police and head of Interpol tries to pre-empt the Scorpions’ plans to arrest and prosecute him for corruption and  defeating the ends of justice by making application to court to prevent the Scorpions from carrying out their plans. Can you believe what you are seeing?!

What is becoming blatantly clear in South Africa is that the ruling party - the ANC - as well as the government have no problem whatsoever with crime. Being inclined to criminal activity, committing crime and being saddled with a criminal record thereafter - all this are of no consequence. It does not featured as a consideration when a criminal is considered for an appointment. Being a convicted criminal, to a certain extent, rather adds to the ‘merit’ of such a person. Consider

• Tony Yengene:- convicted for fraud and presently out on parole. He has now been elected to the most senior structures of the ANC.

• The Minister of Health: She was appointed as such while Mbeki was perfectly aware that she was convicted for theft in Botswana.

• Mr Jacob Zuma:  He stands to be prosecuted for the most serious of crimes but notwithstanding he is elected as the president of the ANC

• A senior diplomat in the Department of Foreign Affairs whose name now slips my mind - has been accused by a number of women of sexual harassment. If my mind serves me right, he was even found guilty in one or other forum on these charges. He however is protected by the Minister of Foreign Affairs and held an important office.

These are but a few examples of a general attitude. When people complain towards the Minister of Police about crime he tells them that they should leave the country if they are not satisfied.  When Mbeki was approached recently about the crime statistics, he denies that there is a problem and describe it as a ‘populist’ perception.

These people have no problems with crime and criminals. They themselves are criminals or their best friends are criminals or they hope to benefit from some criminality. This is why they do not fight crime but much rather the law enforcement that has successfully serves justice.
This reminds me of some articles that appeared in newspapers and blogs some weeks ago in which it was reported that Mr Thabo Mbeki said ‘This white person thinks I can’t do the job …‘ (Mark Gevisser - Mail and Globe - 25 December 2007)I, for one, can now record that it is precisely what I and millions of other South Africans think of him and his whole government. Psychologically and morally they are not qualified to govern a non-racial, democratic society based on the Rule of Law.

This very characteristics exhibited by Thabo Mbeki and other political leaders today are all to well known in Africa. Mugabe murdered tens of thousands of Matabeles to defeat Joshua Nkomo and to secure his hold on power. In South Africa colonialism intervened when tribes (especially in Zululand) were busy annihilating each other. Are they now to continue where they left off? The confrontation between Mbeki and Zuma spells nothing good for South Africa.

I further think that Mbeki and his government’s attitude towards crime and non-blacks are now showing up an imbalance in his personality that is rather disturbing. Are we ruled by  mad people?

What bothers me most is that this psychological condition is not only present in the top leadership. Its everywhere and in all walks of life present where black leadership has taken over. They do not just refuse to accept anything a non-black may say. They willfully do the opposite – even if it is negative and destructive.

I once read a story by Edgar Allen Poe in which the inmates of a asylum took over the institution and locked all the staff up. When officials from outside came to visit, they could initially find nothing wrong. The ‘inmates’ protested that they were not the mad ones but this was quite normal and the reaction you would expect from mad people.

Is this what is going on in South Africa today? Have the people of South Africa been delivered into the hands and the mercy of crime sympathizers and lunatics?

J.C.Grobler.

Popularity: 100% [?]

Share This

Sometimes you come across knowledge and wisdom of real value that you just need to share with others. Seth Godin’s “Music Lesson” is one. Read his article here.

J.C.Grobler.   

Popularity: 100% [?]

Share This

I despise the African mentality. I despise this continent’s inferiority complex, its infant attitude and its deviousness.  My total abhorrence of it has reached a climax today with the appointment of Peter de Villiers as coach of the Springbok rugby team. With this political appointment the glorious rugby tradition of South Africa has come to a close. It’s finished. Klaar!

 
I, for one,  will for as long as the coach or players are not selected on rugby merit, never support this game again. I will most certainly not be part of this dishonouring process which are going to relegate one of the proudest rugby nations in the world into the third rate disgrace.

 
If you want to see the African renaissance here is the perfect example. Accepting that in sport you are capable of nothing worthwhile – as is proven by the fact that South African soccer team, Bafana Bafana, who could not even qualify for the African Cup, let alone the World Cup, you steal rugby that has in fact succeeded in winning the Rugby World Cup. You do not work for and earn success. You steal it! You take it and fuck it up to such an extent that nobody is further interested in it.

 
Like a naughty child that wrecks another’s drawing because he can not come up with anything remotely so beautiful, black Africa has viciously done with rugby.   I sincerely hope that all our talented rugby players will see the writing against the wall and join foreign clubs in an effort to salvage whatever they have left for the sake of this beautiful game.

 
I hope that Hoskins and his cohorts will be happy with their destruction when they look at the empty stands where once the income which paid their salaries, came from.

 
I spit on the ground.

J.C.Grobler.

Popularity: 100% [?]

Share This

Civil litigation today has become to expensive for most people to become involved in. For this reason many disputes are left unresolved at the expense of justice. That being the case, the unscrupulous would naturally exploit the situation, well knowing that their victims are financially incapable of exercising whatever legal remedies they might have. On the other hand – and if the law does not protect the innocent – taking the law into your own hands would be the only option, which inevitably will lead to chaos.

There remains however one other alternative generally referred to as alternative dispute resolution: conciliation, mediation and arbitration. These methods of resolving disputes are most probably the way forward.

How does arbitration work?

Two disputing parties may agree to appoint a third person to help them resolve a dispute. This basic agreement to resolve, is an essential requirement. This third person may be a legal expert although it is not essential. In fact, in some cases it is better to appoint someone with specific knowledge of the field from which the dispute arises.

From thereon the parties can agree on most of the aspects in regard to procedure and evidence to ensure a swift and cheap settlement. You may for instance agree that the arbitration process will take place over the Internet. With one party living in Tokyo and the other in Argentina with the agreed arbitrator based in Iceland, your dispute may be resolved as if you were all together in one place.

A decision by an arbitrator generally final and has the same effect as a judgment by a court of law. Although it may be required that this decision first be made an order of a court of law, it can be executed in precisely the same manner.

It is possible to include the aribitration stipulation in an agreement of sale that, whatever dispute may arise from that agreement, shall be resolved by way of arbitration. In e-commerce transactions, where the parties are spread all over the world, I think it is rather unfair towards customers to insist that only the court within whose jurisdiction the trader resides or does business, should have locus standi over disputes that arise.

As an example I could think of nothing more innovative than, say a web music/DVD/book company, appointing a neutral and independent mediator/arbitrator whom a customer can contact when he/she is not satisfied with the product, delivery or whatever. Without it the customer relies exclusively on good faith and the hope that the trader will be fair and reasonable towards him/her if something goes wrong. With this approach nothing is done in good faith but on sound business principles. Surely, when I’m offered the choice, I will choose in favour of the trader who guarantees that my legal rights and remedies will remain available to me notwithstanding him doing business from the Amazon or wherever.

J.C.Grobler.

Popularity: 76% [?]

Share This