The Global Community Tribunal

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: 95% [?]

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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: 71% [?]

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How quick the fortunes of Kenya have changed. The one moment it was one of the senior African states and leader in Eastern Africa. Then the next thing we see and hear seems not that much different from all the previous pictures we have seen of Africa. It is the unfolding story of a poverty stricken, tribally divided, war ravaged, Africa all over again.Order may momentarily be restored but the tribal divide remains and need to be overcome.

None of the ‘prophets’ who dared to give their predictions on Africa, could foresee this sudden change.

With Kenya and the African ‘prophets’ in mind, I wonder how far they err when it comes to South Africa. Will this crime crippled country remain on its gradual decent or will we see the same, Kenya-like change that will level this promising land to the rest of Africa?

When it comes to Africa you do not need to be claire voyant to predict the future. Look at Africa and consider its history. Look at what trend round and about fifty African states have set – and you see the future of South Africa before you. All we need to find out is when South Africa will ‘Africanize’.

Recognizing the development of two opposing centres of power; the majority of ignored poor people who would traditionally seek the affluent minority to blame for their woes and presence of vested interests who can only benefit with blood on the streets, the scene is set.

The winds of change are blowing. According to President Mbeki’s mother “The country is fast running towards anarchy.”

So, “South Africa wake up. Zemk’iinkomo Magwala Ndini! (The cattle are being stolen, you bloody cowards!)” If you are white, coloured or Indian and ever considered emigration, now is your last chance. But if you wish to stay, barricade your home, stock-up on tinned and dry food, clean your weapons and make sure that you have enough ammo. If you are black,sing “Umshini Wami” –Bring my machine gun - and prepare yourself to participate in an age-old, African ritual! History is to repeat itself for the umpteenth time!

J.C.Grobler.

Popularity: 6% [?]

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White House Press Corp member and columnist for Hearst newspapers, Helen Thomas accuses bloggers for a deterioration of journalism before and during the Iraq War.

 
“What I really worry about is that I think the bloggers and everyone, everyone with a laptop thinks they’re journalists,” Thomas said. “And, they certainly don’t have our standards. They don’t have our ethics, and so forth. There’s a deterioration,” she continued. “Reporters laid down on the job in the run up to this [the Iraq] war.”

 
She further added “  Thomas latest remarks come as newspaper circulation numbers continue to drop as people are relying on alternative means – including bloggers’ Web sites, to find their news.”    “In November, another icon of the old media, former “NBC Nightly News” anchor Tom Brokaw, predicted The Washington Post print paper would be “probably dead” in 10 years.”

 
This is good news and bad news for the blogosphere. On the one hand it indicates enormous potential and opportunity for bloggers. The blogosphere provides a level playing field on which everyone can compete. The chances for specialization, investigative journalism and syndication of news sites are immence. Wherever news happens there are bloggers who can secure – confirm – and provide the facts. The formal news media already recognizes this as was demonstrated during the Myanmar crisis.

On the other hand it places a very heavy responsibility on bloggers. If we earnestly strive towards a tranquil, fair and safe society to live in, we need to be responsible in what we write and how we write it. Accepting the right to use this medium to communicate, we need to accept social responsibility. Besides anything else it implies that we contribute to fight injustice and crime by bringing the facts to the public and to help make this a better world we live in.   

 
J.C.Grobler.

Popularity: 6% [?]

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“Only the dead have seen the end of war.”
Plato

Amongst numerous lives of innocent people lost in Iraq over the last few days was a young American by the name of Nick Berg. He was the US contractor beheaded on video in Iraq this month.   He gave his life. You can at least read what his bereaved farther   writes about his son, in whose eyes he will never look again.  

J.C.Grobler

Popularity: 6% [?]

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Sometimes it is extremely sad to hear of the death of a total stranger to you. One such case is the death of Andrew Olmsted who was killed in Iraq on 3 January 2008. Being a true blogger he, in a sense, wrote his own obituary which he left with a friend to publish, should something happen. It happened. In remembrance of him and all the brave and unknown soldiers who have died in the Iraq and Afghanistan wars, I bow my head and ask my readers to do the same.

 
I quote from Obidian Wings  the following paragraph:

“I am leaving this message for you because it appears I must leave sooner than I intended. I would have preferred to say this in person, but since I cannot, let me say it here.”
G’Kar, Babylon 5

“Only the dead have seen the end of war.”
Plato*

This is an entry I would have preferred not to have published, but there are limits to what we can control in life, and apparently I have passed one of those limits. And so, like G’Kar, I must say here what I would much prefer to say in person. I want to thank hilzoy for putting it up for me. It’s not easy asking anyone to do something for you in the event of your death, and it is a testament to her quality that she didn’t hesitate to accept the charge. As with many bloggers, I have a disgustingly large ego, and so I just couldn’t bear the thought of not being able to have the last word if the need arose. Perhaps I take that further than most, I don’t know. I hope so. It’s frightening to think there are many people as neurotic as I am in the world. In any case, since I won’t get another chance to say what I think, I wanted to take advantage of this opportunity. Such as it is.

“When some people die, it’s time to be sad. But when other people die, like really evil people, or the Irish, it’s time to celebrate.”

The rest can be read on the reference provided above.

 
J.C.Grobler.

Popularity: 7% [?]

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Some time back the media reported extensively on the incidence in Saudi-Arabia where a 20 year old girl was harshly sentenced to 200 lashes plus 6 months jail term for ‘illegal mingling‘.

It has however been reported in Time that King Abdullah bin Abdulaziz al Saud has pardoned her. It is also reported that her attorney, who lost his law practicing licence has a result of the case, has been re-instated and that he can return to his legal practice.

“The case involves seven men who were convicted of raping the victim a total of 14 times when she was an 18-year-old 11th grade high school student in Qatif, in eastern Saudi Arabia. According to Arab News, the attack reportedly occurred after she arranged to meet alone–in contravention of ultra strict Saudi religious law– with a former boyfriend who may have been threatening to distribute old photos of the woman.

She was given a sentence of 90 lashes when the verdicts were initially handed down in 2006, but on appeal the punishment was increased to 200 lashes plus six months jail time. Last month, Human Rights Watch quoted an official at the General Court of Qatif saying that the court had increased the sentence on Nov. 14 because of “her attempt to aggravate and influence the judiciary through the media.”

 
This case was shortly thereafter followed by the teddy bear called Mohammad in Sudan which equally caused an international uproar. The British teacher that was involved in that instance, has also since then received a reprieve.

 
It is extremely satisfying to report that sanity has prevailed in both instances.

 
J.C.Grobler.

Popularity: 6% [?]

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I regard to the ‘Kissing Law’ (South Africa) and my post under the title ‘Kiss and its goodbye’  The initial confusion has now been clarified. I have received the following comment from Twylite  which I do hereby publish under postings to ensure that readers in general may take note. Thankyou very much for clarifying the situation. I also thank Arnold for his assistance in this regard. The result of his research has been published under comments. Twylite writes:

“Pasting only the relevant bits:
CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT
No 32, 2007

1. (1) In this Act …
‘‘child’’ means—
(a) a person under the age of 18 years; or
(b) with reference to sections 15 and 16, a person 12 years or older but under the age of 16 years,
and ‘‘children’’ has a corresponding meaning;

‘‘sexual violation’’ includes any act which causes—
(a) direct or indirect contact between the—
(ii) mouth of one person and—
(bb) the mouth of another person;

16. (1) A person (‘‘A’’) who commits an act of sexual violation with a child (‘‘B’’) is, despite the consent of B to the commission of such an act, guilty of the offence of having committed an act of consensual sexual violation with a child.
(2) (a) The institution of a prosecution for an offence referred to in subsection (1) must be authorised in writing by the relevant Director of Public Prosecutions if both A
and B were children at the time of the alleged commission of the offence: Provided that, in the event that the Director of Public Prosecutions concerned authorises the institution
of a prosecution, both A and B must be charged with contravening subsection (1).
–

So two children of age 12 to 15 years kissing each other are both guilty of the offense of sexual violation, but it is up to the Director of Public Prosecutions to authorise a prosecution.

A person of 16 kissing a child of 15 is also guilty of sexual violation, but authority for prosecution is delegated to local offices of the NPA.

A good example of a badly written law.”

J.C.Grobler

Popularity: 6% [?]

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People are by nature followers rather than leaders. In fact, true leaders are an extremely scarce commodity. We, ordinary human beings, tend to sit and see what happens around us. Some may even form an opinion about such happenings. But by and large we just sit, see and wait - that is until a leader with all the ingredients that make a true leader, comes along and get us moving.

You see this phenomena all over the world. It also applies to nations and groups of nations. If you for instance look at Europe it is difficult to find a single politician of which you would be able to identify as a true leader and capable of getting Europe on the move.

In regard to the US, who has for very long as been accepted as the world leader, it has also experienced a drought over the past 7 years. With the occurrence of 9/11 it had all the opportunity in the world to unite humanity behind it and to alter the course of history. Instead the criminal aspects of the personalities of George W Bush, Dick Cheney and Donald Rumsfeld came to the fore and, instead of leading the world, it treated the laws that govern our co-existence with contempt and started bullying us.

The Washington Post has published an article that highlights this aspect of international relations. In this article Moiéses Naim says that the world wants America back. The world yearns for America to come back and take up its role in international affairs.

Under George W Bush the solidarity between America and the rest of the world – brought on by 9/11 – was replaced by a huge escalation in anti-Americanism. With the presidential term of Bush coming to an end and the prospect of a new, benevolent leadership stepping forward, there is a lot of anticipation.

“Of course, the America that the world wants back is not the one that preemptively invades potential enemies, bullies allies or disdains international law. The demand is for an America that rallies other nations prone to sitting on the fence while international crises are boiling out of control; for a superpower that comes up with innovative initiatives to tackle the great challenges of the day, such as climate change, nuclear proliferation and violent Islamist fundamentalism. The demand is for an America that enforces the rules that facilitate international commerce and works effectively to stabilize an accident-prone global economy. Naturally, the world also wants a superpower willing to foot the bill with a largess that no other nation can match.”

Unfortunately and for the rest of this year, we sit with George Bush as if he is the Eleventh Plague of Egypt and we’re Egypt. By necessity the world will have to wait another year and pray that this US government does not do anything stupid.

J.C.Grobler.

Popularity: 6% [?]

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The Daily Galaxy reports that the US Department of Homeland Security is busy with a project called Project Hostile Intent. The purpose of this biometric technology is to identify people coming into the USA and who has never before committed a crime but with hostile intent. The intention is to install this technology at airports, borders and ports to assist with the screening of the 400 million individuals entering the US every year.  Should this computer point the finger at you, you may be detained, interrogated and harassed. Knowing what the US government is capable of,  I would presume that you may even end up in Guantanamo Bay.

 
 What a beautiful example of liberty and human rights    …… !

J.C.Grobler.

Popularity: 5% [?]

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