Can't fix the past, court rules on Dalai Lama

2012-02-03 17:10

Cape Town - The Western Cape High Court dismissed an application on the Dalai Lama's visa as it was too late to fix the past, the Inkatha Freedom Party said on Friday.

"Today, the Cape High Court handed down a judgment which dismissed this application on the ground of it being moot," IFP MP Mario Oriani-Ambrosini said.

Earlier, Judge Elizabeth Baartman dismissed with costs the application on whether it was constitutional for the government not to have granted a visa to the Dalai Lama last year

The application was brought by the IFP and the Congress of the People.

"Simply put, the court held that it could do nothing to fix what was done in the past if that was wrongful and that nothing had yet been done in respect of the future which could enable the court to fix it before it happened," Oriani-Ambrosini said.

The Dalai Lama cancelled his intended trip to South Africa to attend Archbishop Emeritus Desmond Tutu's 80th birthday on October 4, saying he had done so to avoid inconveniencing the South African government.

The government's failure to grant the visa sparked a public outcry with Tutu accusing President Jacob Zuma's administration of being "worse than the apartheid government".

The IFP and Cope subsequently filed an application in the High Court for an order declaring Home Affairs Minister Nkosazana Dlamini-Zuma's handling of the matter unlawful and forcing her to treat future applications by the Dalai Lama fairly.

IFP leader Mangosuthu Buthelezi has invited the Dalai Lama to visit him in 2012.

Oriani-Ambrosini said the government's refusal to grant the visa was a national tragedy and had made the South African government an international disgrace.

"The legal routes have thus far proven unsuccessful. This is a grave indictment on our entire system of government which has not yet been able to find a mechanism to correct what everyone perceives as an injustice, ranging from the churches to the trade unions to the common people who, in their overwhelming majority, declared themselves in favour of the Dalai Lama coming to South Africa."

Oriani-Ambrosini said they might consider appealing the judgment.

  • michel.weij - 2012-02-03 17:24

    Sounds like a cop out to me.

      Jack - 2012-02-03 17:41


  • kznshark - 2012-02-03 17:31

    ...inconveniencing the Government...the ripple-effect of the Dalai Lama not visiting us, is a great inconvenience for South Africa's image.

  • ISO - 2012-02-03 17:42

    Shame on you SA government!!!! You let dictators from across the world into our country, but you deny a religous leader access to SA. The world see us for what we do and what we stand for, and i can tell you they dont see pretty much in us! Beautifull country, nice people, but a screwdup government!

  • Ben Nel - 2012-02-03 17:43

    Isn't BEE, etc there to fix the past? Why is the Concourt ok with that?

      steve.dupreez - 2012-02-03 17:47

      I think the Concourt ruling saved the face of those who are the puppets of the Chinese government - including old Zuma. Wonder what is going to happen with the new application.

      ISO - 2012-02-03 17:52

      Would be intersting to see! The IFP leader MB has invited the DL to come and visit him in SA, so we might see soon what goes for what!

      Sharon - 2012-02-03 18:16

      I think I will invite the Dalai Lama to come and visit too - We can take him to Graskop, maybe take a drive through the Park, show him the cradle of humankind in Magaliesburg. Yes I will write him a lovely invitation tonight. Just give Home Affairs enough time to issue a visitors' visa. Anyone else going to invite him, I wonder?

      ISO - 2012-02-03 19:21

      You go woman! :)

      Lemurian - 2012-02-03 21:35

      Geez, this case was not before the constitutional court; it was before the Cape Town High Court. You people are so eager to criticize SA that you do not even read and comprehend correctly.

      Jacqui - 2012-02-04 11:28

      Thabo, do you speak in the same insulting way about your ancestors, or is it just your ignorance being displayed here?. Grow up.

  • davidrobertlewis - 2012-02-03 17:49

    We always knew it would come down to this. The Bill of Rights wasn't actually enacted into law. Articles 15-18 are moot.

  • ubhejane - 2012-02-03 17:55

    I have always regarded Mrs Dlamini-Zuma as a very level headed woman, but I'm afraid this incident was an absolute disgrace and said a lot about what puppets we have become of China. And now she wants to head the AU????? I don't think so.

      ISO - 2012-02-03 18:00

      I think this goes beyond her! Bigger puppets in this show!

      Scouter - 2012-02-03 19:45

      Well said Ubhejane - China represents a threat to Africa that has never been seen before. If Africa thought British colonialism was harsh, just wait for the Chinese onslaught.

      Patsy - 2012-02-05 13:03

      The so-called stern woman who never smiles????? Watched her on TV a few nights ago and she never STOPPED smiling. Isn't she the one who recommended beetroot and lemons, or something similar, as a cure for AIDS? She's not fit to be the head of anything.

  • lindz.kok - 2012-02-03 18:13

    the prophit of peace not welcome in violenr south africa pffft bishop tutu is right "the anc goverment is worse than the apartheid reigime"

      Thabo - 2012-02-03 18:49

      Yes the ANC is much worse. They took your house and car and told you to go live in Orania. They are by far the worst Regime you would ever encounter. You just an AWB troll.

      lindz.kok - 2012-02-03 18:53

      if you dont posses the ability to think then dont coment, and its not me the anc is taking from its the poor people living in shacks without runing water like you my little man.

      lindz.kok - 2012-02-03 19:02

      bekijk dit segment van Belgiƫ met betrekking tot boerderij moorden in Zuid-Afrika. not that you would understand any of it, but those with an education on here might. je ben een kut mijn stomme jonge.

      Thabo - 2012-02-03 19:15

      You have it all wrong about me. I'm not worried about the poor people at all. This is a free country and you decide how rich or poor you want to be. If they want to dwell in shacks and feel sorry for themselves, then they are free to do so. As for you throwing a bit of Dutch into your comment. Not my favourite nation at all. Won't be learning Dutch any time soon. Why don't you take your ugly Voortrekker monument with you and move to Orania? Just imagine the joy you would have?

      lindz.kok - 2012-02-03 19:46

      you are a stupid little boy, soon you (anc) will have the eu pitted against them. ps the world courts a majority of your oil and petrol companys all your cleaning products and interpol are all dutch. if i WHEN i relocate it will be back to the netherlands with my wife and daughter where i can whatch you burn in comfort

      Thabo - 2012-02-03 19:57

      You are wrong again. I won't burn anywhere. I will also leave when it doesn't suit me any more. But I won't go to Holland. Hollander men all have nasty ponytails and earrings and they look dirty and look as if they smoke dagga. I will go live in Sydney with all my other beloved South Africans. They will love to have me around again. I can just picture them hugging me when I get off the plane with my vuvuzela and black pap pot and Hugo Boss sunglasses. Oh yes and my designer Malema beret.

      lindz.kok - 2012-02-03 20:04

      i lived in aus for a while chipendale syney actualy, you wont last a day my boy...

      Thabo - 2012-02-03 20:18

      Why you say I won't last there? I just tell them I'm a previously disadvantaged soul of Africa and then I get a government job in Sydney. Imagine how much tax money I can steal there. They don't know all our tricks and in no time I'll be very rich.

      Scouter - 2012-02-03 22:34

      You two having fun? Speaks volumes about the SA mentality to overseas readers.

      Thabo - 2012-02-04 00:43

      @Scouter. Does it look like I have a mentality? Remember I am black and don't even have a mind, let alone a mentality in my delirious mental state. You heard what this Dutchman says. I won't last a day in Sydney. He said that without even knowing a thing about me. He just assumed because I'm black I'm not worthy of his superior white skin. That is actually the greatest challenge for white South Africans moving forward, is to accept that some of us are capable to think for ourselves. With him a Dutchman however, I don't take anything seriously. They are the masters of finding physical pleasure at darker destinations. The Dutch women must be horrific in bed.

      DuToitCoetzee - 2012-02-04 01:14

      Relax Thabo. I am an Afrikaner and an African and the two of us is going to stay here in SA. Let the rest go. We do not want to be/fit anywhere else. Let the Dutchman leave the Voortrekker monument. It is more SA history than it will ever be Dutch. We love this soil and we will try to sort our nonsense out to built a better country. :)

      thusanom - 2012-02-04 09:18

      You guys have fixed income, have access to internet. You never grow having to sleep with an empty stomach not knowing where the next meal will come from that is the reason you busy bad mouthing the goverment. Mostly disappointed with blacks commments, you are like COPE and IFP. PLease if anyone of you will be so kind to tell me, what was Dalai Lama bringing her in SA? What I kknow of is that China invested to help our poor brother and sister to atleast go to bed with full stomach. You are all ignorant, naive and selfish. ANC goverment cares for the poor.

      Thabo - 2012-02-04 10:35

      @thusanom. Welcome here at headquarters of the Society For Bashing The ANC. Rules: 1. Don't say anything bad about the Dutch and English. 2. Don't say anything good about the ANC 3. Change your screen name to Piet Van Der Merwe, all your comments will get a thumbs up. 4. Don't let them know you are black. By default you have no brain. As for the ANC taking care of the poor. Bad news for you Bra. South Africa is a place for every man for himself. The ANC might have promised you a communist state, but as you see around we love money and bling. Nice sunglasses, hot Babes and lots of party. What is the story about fixed income? Maybe you have a fixed income but the rest of us don't know the end of our wealth. Go look on your pay slip under the deduction PAYE. See that deduction? I am blowing it tonight on a hot Babe and good food. You just keep working so I can party.

  • Unathi Glamazon-Star - 2012-02-03 18:20

    Hey check this out !!!

  • Nurse - 2012-02-03 18:33

    China has more money than the Dalai Lama... simples

      Thabo - 2012-02-03 19:07

      Yes China told Zuma that instead of paying for the new AU headquarters at $200 Million, Zuma should rather buy new planes with the money. China was so generous, they even brought all of their own cement and labour. We could sit in the sun and watch then build this monument for us and the cherry on the cake is that Mrs. Ex Zuma is going to get the biggest office of them all. It sounds like the Zumas got the best deal, don't you think so?

  • norman.buchalter - 2012-02-03 18:40

    What a copout! Judge says can't fix the ridiculous past but too cowardly to shape the future. Moot point indeed.

  • Shirley - 2012-02-03 18:55

    That should NOT be an excuse for setting a precident for the future!!!!!

  • ISO - 2012-02-03 18:57

    It could be because the Chinese is seen as black and the DL is seen as white...! seeing that no one knows exactly! Just an opinion!

      Thabo - 2012-02-03 19:25

      No Iso, China has been fighting the monks of Tibet for centuries. Tibet wants to be an independent state and China won't grant them their freedom. If the ANC did allow the DL in to party with the Bishop, then they would be biting the hand that is feeding Africa, or so they think. Africa is just too stupid to see how they are once again being invaded by foreign forces. 30 years from now, you and I will be commenting on here and we won't be fighting with each other about the ANC, but about China. They will then be our parliament and you and I will be working in some sweat shop for a bowl of rice.

      Scouter - 2012-02-03 22:40

      @Thabo - thirty years from now, this site won't exist and SA will be speaking Chinese or at least you will need to speak Chinese in order to get your bowl of rice.

  • Nadine Booyse - 2012-02-03 19:03

    What??? Wait a min...."nothing can be done to rectify the past" then how come millions were spent making white people apologize for apartheid. But now, it's ok to say "it's in the past there is nothing we can do"

      Shirley - 2012-02-03 19:42

      As usual its only applies when useful to them! Sameold,sameold. Hypocrites!

      Patsy - 2012-02-05 13:10


  • Scouter - 2012-02-03 19:34

    @Godfrey(Free of God) - where ever you have taken to hiding on this site. What's your view on the Dalai Lama? As the self proclaimed oracle on all theological thought, please bless us all with your enlightenment on this one. Sorry that there are no Christians to bash in this story though, although I'm sure you will come up with something - I have a bet riding on it.

      Thabo - 2012-02-03 20:08

      Hahahaha. The Christians are resting tonight and Godfrey has disappeared in a black hole during the Big Bang. There is only one Christian moaning about the Dalai Lama and he wears a purple dress.

      Scouter - 2012-02-03 22:50

      Hey Thabo, don't knock the Bish - He is one of the few good guys left around. Besides, he enjoys cricket - with luck, he may yet develop an interest in rugby.

  • andreas.otto - 2012-02-03 22:24

    "Can't fix the past" The irony of these words are lost on everyone it seems. If that statement is assumed true then why do we have BEE, BBBEE, Affirmative Action, and all the other handicaps designed to economically and socially handicap mainly whites as a punishment for Apartheid? Is this not the legal system attempting to "fix the past"? Not to mention that all of these laws are unconstitutional.

  • Gert van Coller - 2012-02-04 07:06

    Pathetic! When a person is found guilty for murder, it will also not 'fix the past', but will (hopefully) help prevent it from happening again.

  • thusanom - 2012-02-04 09:03

    You know what IFP and COPE not forgeting DA they can go and do themselves, what was that big Dalai Lama was bringing in this country nothing, what is that China brought in this country of course money on which they are people who need it mostly it might be one cent atleast they do not go to bed with empty stomach. while this opposition parties have fixed salaries this people do not have that.

  • Jacqui - 2012-02-04 11:26

    You can not inconvenience the Chinese, the new God in Africa. Even the courts go along with that sell out.

  • IrvinMan - 2012-02-04 14:38

    the government of south Africa is ruled by China. whatever China wnts China gets irrespective of the feelings of South Africans.

  • IrvinMan - 2012-02-04 14:47

    democracy according to ANC is: a government of ANC, by ANC, for ANC ratified by China. It is not for the people.

  • Sidney - 2012-02-04 14:55

    If it is to late to fix the past why do so many African countries crow about reparations for perceived past injustices committed against them.

  • Andries - 2012-02-04 17:26

    "Simply put, the court held that it could do nothing to fix what was done in the past if that was wrongful and that nothing had yet been done in respect of the future which could enable the court to fix it before it happened," Oriani-Ambrosini said. I am still rolling around on the floor with laughter. Jirre this must be the best expression of legal logic I have ever read.

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