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No one reviews the Court!

27 March 2012, 21:31

Dear Honourable Minister,

It is a dark day for the human race when power is appropriated to a person, or people, in such a manner that it becomes absolute. For as we all know, absolute power, corrupts absolutely.

I refer to your instruction to conduct a review on the highest courts of this nation, and the subsequent attempt by you, and your puppet master to flagrantly mask its purpose behind transformation, in an attempt to paint the picture that you act in promotion of the masses of South Africa.

In very simple terms Honourable Minister, you do not.

What this is then, is an attempt to undermine the Honourable Court’s integrity, and to accuse it of its failure to do the work your pay master was supposed to do, during the past 17 years; institute good policies.

The role of the Court, is to uphold justice by means of law. Yes, there is a massive difference between the two my good minister, as the law only supplies the tools to serve justice.

Unfortunately, it is not a perfect system, but never the less, it is the closest we have to it, and the strongest weaponry we have against you, your minions, and your master.

Whilst the Constitution is the shield, the Courts are the sword, ensuring our survival and protection, against nothing other than absolute power, be that against forces of an economic, political or tyrannical rule.

For years people have wondered about your intentions, and for years you have successfully masked them as that of a champion for the poor, an upholder of democracy and a liberator from oppression. However, your mask is slipping, and without realising it, you are the ones exposing yourselves to the world and the people of South Africa for who you really are; none of the above.

The law manifests itself in two primaries, namely Natural Justice and Positivistic Interpretation. Take note of these two concepts my dear Minister, as the one always succeeds the other.

You may attempt to dictate law as you please, but you will never dictate Natural Justice, for the very same reason this country stood up against oppression 100 years ago, and secured it in the last 17!

Many have left, and I suspect many will follow them in the near future. However, there are others, like me who will not leave. Others like me who will ensure that the day you attempted a coup on our legal system, will be the beginning of the end of your rule!

The latter will be achieved without the firing of one gun and  without the need for a hair to be touched on anyones head.

Yes, Minister, it will be achieved by the collective efforts of ALL races who live in South Africa,  anyone who loves this country, and who is willing to stand up against oppression and poor leadership.

Consider the following quote...

 “...I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die.” -

Nelson Mandela,  Rivonia Trial, 1964.

My dear Minister, at this juncture I would love to point out that a democratic and free society is IMPOSSIBLE, without an independent judiciary.

If this was not your intentions with this review, and wonder above wonder, nothing comes from this, then at least I have the comfort of knowing I voiced my concerns at some point, rather than carried on moaning that we would be the next failed African state.

That being said, know this; your mere presence within the affairs of the Courts, are highly inappropriate, and this is no place for the executive of the country to meddle around in. The only logical conclusion anyone can make, is that your intentions are anything but pure with this “review”.

Thomas Hobbes, the political philosopher, quite rightly refers to “...a body of people we confer all power to...” in an effort to maintain civilisation.

The downside is that some governments have seen this reasoning as them being this body. Unfortunately for you Minister, it is not.

This body is the Courts of this country, and any other that has an independent bench, and it is no place for those they govern to pick at, as you currently do.

I conclude with a final thought from those you will have to reckon to when you proceed on this path by yet again confirming that you will not succeed in this blatant disregard for reason, freedom and justice, as the people of this country have had enough of that, and will not tolerate it in future!

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