In its literal translation it means to throw a stick to a python. Tlhware is a python and we all know how dangerous it can be and I suppose in coming up with this idiom Motswana wa ko ga Lowe studied the behaviour of a python and how one could pacify it. This phrase has its regular use in meetings ko kgotla where issues of importance will be discussed and a person will respectfully stand up and request to voice his opinion. That person would respectfully be given the platform to state his opinion and so the kgotla will continue until a decision is made.
Now in today's multi media world one does not have to ask for permission to voice an opinion, it is at the fingers of your keyboard and that is good.
There is a tendency among South Africans to pass comment and opinions based on newspaper headlines and news bites without necessarily reading or understanding the whole story. This is clearly illustrated by our leaders who have called professionals doing their job all manner of names because they said something they did not agree with without necessarily reading and understanding what that professsional is saying.
As an example people have passed their opinions and views on the Supreme Court of Appeal judgement without actually reading it (even the summary). And this happens in all the other issues. I mean how dof can this be. Is reading that painful such that people can rely on headlines to be informed.
Is it too much to ask to request people to acquant themselves with the facts before they comment. It is Abraham Lincoln who said it is "“Better to remain silent and be thought a fool than to speak out and remove all doubt”.
Wednesday, January 14, 2009
Monday, January 12, 2009
The "sober" judge
The NDPP's appeal against judge Nicholson's judgement in the Jacob Zuma case has been granted by the Supreme Court of Appeal (SCA) and Jacob Zuma can be charged by the NPA again. In arrieving at their decision the SCA was scathing, .....no, was contemptious (ba monyetse) of the decision reached by Nicholson. The SCA basically found that the judge's decision had no basis in law, procedure, accepted conduct from judicial officers and had no logic at all. His decision basically transgressed all accepted procedures and principles in adjudicating legal issues.
This is summed up neatly by analogy at paragraph 13 of the judgement that "the trial judge recognised, ‘political meddling’ was not an issue that had to be determined (para 229 of his judgment). Nevertheless, a substantial part of his judgment dealt with this question; and in the course of this discussion he changed the rules of the game, took his eyes off the ball and redcarded not only players but also spectators." (emphasis mine). What the SCA seem to be saying in this regard is: Is this guy stupid or what? Can a person really be this stupid to contradict himself and kick all the rules of common sense out of the window?
The court went even further to remind judge Nicholson what his duties ought to be. But before doing that they went for his jugular and said "It is crucial to provide an exposition of the functions of a judicial officer because, for reasons that are impossible to fathom, the court below failed to adhere to some basic tenets, in particular that in exercising the judicial function judges are themselves constrained by the law."What this seem to be saying is: Is this guy really a judge? Can a judge of his seniority and experience really not know what procedures and practices need to be followed in dealing with this matters? What drove this guy to come to such a decision?
On lessons on how to conduct motion proceedings the court stated that the judge has "applied a novel approach to motion proceedings which, if left undisturbed, may serve as a dangerous precedent." This means that he has departed from established and accepted practice and came up with his new (read kak!) approach that is dangerous for the legal practice and has never been heard of. The judgment is fairly long and the major part tears into judge Nicholson's conduct and his bizarre ruling, Counsel for Zuma is not spared either. The court has said that judge Nicholson instead of deciding on the legal issues before him went on about his "own conspiracy theory" and decided on issues "not.... advanced by Mr Zuma."
What one is left thinking is what was this "sober" judge thinking. Sober comes from the pronouncements by the ANC that this was a sober judge and judges of the constitutional court are counter revolutionary. And Malema went on to say that judges of the constitutional court make their decisions in shebeens (we know that shebeen refers to a drinking hole in the townships patronised by blacks). You draw your own conclusions...
Zuma's options of using every available legal avenue to quash the charges are getting slimmer by the day. Only those 'counter revolutionary judges' in the constitutional court are remaining now and one supposed that Zuma is going to apply for their recusal when he appeals the SCA decision. The only other way is for him to change the law when he becomes president
(if he becomes president) but with COPE on the horizon they will not have the requisite majority to change the law.
Zuma might be the presidential candidate for the ANC but with COPE on the horizon it is interesting to contemplate whether the ANC will garner the sufficient majority to elect him the president of the country.
In my final analysis the decision of the "sober" judge are coming to haunt the ANC in a very significant way. In his solomonic wisdom of trying to decide for the natives, the sober judge was very drunk in his soberness. Even if a political solution is found for these charges that won't go away the "sober" one has made it even more difficult for the "anointed" one to ascend that throne.
This is summed up neatly by analogy at paragraph 13 of the judgement that "the trial judge recognised, ‘political meddling’ was not an issue that had to be determined (para 229 of his judgment). Nevertheless, a substantial part of his judgment dealt with this question; and in the course of this discussion he changed the rules of the game, took his eyes off the ball and redcarded not only players but also spectators." (emphasis mine). What the SCA seem to be saying in this regard is: Is this guy stupid or what? Can a person really be this stupid to contradict himself and kick all the rules of common sense out of the window?
The court went even further to remind judge Nicholson what his duties ought to be. But before doing that they went for his jugular and said "It is crucial to provide an exposition of the functions of a judicial officer because, for reasons that are impossible to fathom, the court below failed to adhere to some basic tenets, in particular that in exercising the judicial function judges are themselves constrained by the law."What this seem to be saying is: Is this guy really a judge? Can a judge of his seniority and experience really not know what procedures and practices need to be followed in dealing with this matters? What drove this guy to come to such a decision?
On lessons on how to conduct motion proceedings the court stated that the judge has "applied a novel approach to motion proceedings which, if left undisturbed, may serve as a dangerous precedent." This means that he has departed from established and accepted practice and came up with his new (read kak!) approach that is dangerous for the legal practice and has never been heard of. The judgment is fairly long and the major part tears into judge Nicholson's conduct and his bizarre ruling, Counsel for Zuma is not spared either. The court has said that judge Nicholson instead of deciding on the legal issues before him went on about his "own conspiracy theory" and decided on issues "not.... advanced by Mr Zuma."
What one is left thinking is what was this "sober" judge thinking. Sober comes from the pronouncements by the ANC that this was a sober judge and judges of the constitutional court are counter revolutionary. And Malema went on to say that judges of the constitutional court make their decisions in shebeens (we know that shebeen refers to a drinking hole in the townships patronised by blacks). You draw your own conclusions...
Zuma's options of using every available legal avenue to quash the charges are getting slimmer by the day. Only those 'counter revolutionary judges' in the constitutional court are remaining now and one supposed that Zuma is going to apply for their recusal when he appeals the SCA decision. The only other way is for him to change the law when he becomes president
(if he becomes president) but with COPE on the horizon they will not have the requisite majority to change the law.
Zuma might be the presidential candidate for the ANC but with COPE on the horizon it is interesting to contemplate whether the ANC will garner the sufficient majority to elect him the president of the country.
In my final analysis the decision of the "sober" judge are coming to haunt the ANC in a very significant way. In his solomonic wisdom of trying to decide for the natives, the sober judge was very drunk in his soberness. Even if a political solution is found for these charges that won't go away the "sober" one has made it even more difficult for the "anointed" one to ascend that throne.
Wednesday, January 7, 2009
Going for the jugular
South Africa finally got the monkey off their back by beating Australia in their own backyard since the all conquering West Indies completed the feat in the early 1990s. We have now beaten England on their home soil and there has also been significant victories on the Indian subcontinent. Are we world beaters? It is too early to tell. We have on more than one occasion flattered to deceive. With that feeble South African mentality I was talking about some people are hailing this one of the greatest side....wishful thinking I say. There is still a lot we have to do in order to match Australia or that 90s West Indies side in this regard.
In my view we should have gone for the jugular against Australia and thrashed them 3-0. I watched the last three history making overs this morning and we just didn't have that mental edge to outdo the hapless Australians. In my view this is the weakest Australia has been and knowing their resolve this situation will not happen in a long time. Maybe we celebrated too much, maybe all the intensity was not at all there but I believe it is something that has to be interrogated and a solution be found on how when the situation presents itself we should be ruthless. England, the West Indies, the Sri Lankas have on a number of occasions escaped when we had them by the throat.
I wish our soccer playing stars were watching what a bit of self belief can do. They are way behind in terms of mental strength when it comes to Cricket and Rugby even though you can count the countries that play these two sports competitively in one hand.
In my view we should have gone for the jugular against Australia and thrashed them 3-0. I watched the last three history making overs this morning and we just didn't have that mental edge to outdo the hapless Australians. In my view this is the weakest Australia has been and knowing their resolve this situation will not happen in a long time. Maybe we celebrated too much, maybe all the intensity was not at all there but I believe it is something that has to be interrogated and a solution be found on how when the situation presents itself we should be ruthless. England, the West Indies, the Sri Lankas have on a number of occasions escaped when we had them by the throat.
I wish our soccer playing stars were watching what a bit of self belief can do. They are way behind in terms of mental strength when it comes to Cricket and Rugby even though you can count the countries that play these two sports competitively in one hand.
Tuesday, January 6, 2009
'tis a season for well wishes
Is the world becoming a better place to live in with each passing year? The answer is a definite no! What with the butchering of innocent people in Gaza, the unending sufferings of the people in Somalia, Sudan, DRC, Zimbabwe and other countries throughout the world. Should we lose hope and give everything up? The answer is a resounding no once again. At a personal level some people have lost their loved ones or have had some sort of personal tragedy. There is no reason for these people to give up.
It is with this in mind that I wish you all a happy and fruitful new year. Despite all the trials and tribulations we have had to undergo, we always need to have a positive outlook in what we do and what life throws at us. Let us in this new year strife to be better people than we were in the previous one. Help someone closer to you who needs a little push.
A lot around us is changing and we need to understand what this change means. We need to influence this change for the better. To all those who have had a successful 2008, strive for more success in this new year and those who view 2008 as a failure, there is no reason to be pessimistic, all odds can be overcome.
And lets all be the change that we want to see in the world as Mahatma Gandhi would say.
It is with this in mind that I wish you all a happy and fruitful new year. Despite all the trials and tribulations we have had to undergo, we always need to have a positive outlook in what we do and what life throws at us. Let us in this new year strife to be better people than we were in the previous one. Help someone closer to you who needs a little push.
A lot around us is changing and we need to understand what this change means. We need to influence this change for the better. To all those who have had a successful 2008, strive for more success in this new year and those who view 2008 as a failure, there is no reason to be pessimistic, all odds can be overcome.
And lets all be the change that we want to see in the world as Mahatma Gandhi would say.
Friday, December 19, 2008
That Feeble South African Mentality - 1
I love cricket and my love for this sport was born out of taking pleasure from seeing South Africa getting thrashed by the West Indies in the early 1990s during my student days. Then it was mandatory for a Black person to support whatever team was playing against South Africa. Seating next to white students and cheering at the top of your voice and knowing that for once a white person will not call you Kaffir to your face and looking at them seething with anger was just priceless (and it was pretty empowering too).
This trip down memory lane is brought about by the happenings down under where SA is taking on Australia. It looks like once again Australia is going to spank our little behind for thinking we can beat them. It looks like we are going to get a hiding down under by a team that was recently comprehensively thrashed by India. It started pretty well as always but once a few wickets were lost panic set in and the rest if familiar history. I call it feeble South African mentality.
You see it everywhere, in soccer, in rugby and life in general.Our soccer has not progressed since 1996 because when the tough times came we have always folded like a deck of cards. We are easily excitable and we easily give in. When times are tough we normally do not want to associate with the loser, we would rather call for him to be fired. Coaches in our domestic and national soccer get changed every year because "they cannot deliver". Nobody thinks about the need for continuity. And oh! we also celebrate mediocrity....remember when we went to the soccer world cup in 2002 and came back after the first round with one win...our boys were celebrated as heroes. Or remember how we celebrated recently after beating Australia in the tri-nations when that did not mean a thing.
As a nation we are good at winning meaningless contests but when it comes to the real tests we fail dismally. We can beat Nigeria during friendly games but when it comes to official competitions we fail dismally. We cannot say much about Athletics and swimming in this country. It is true that government is just paying lip service to sports development in this country, but then aren't all African governments. Most of the athletes in the African continent make it out of sheer will without any resources to talk of. In South Africa unfortunately that will has been lost and cannot be rediscovered.
Pirates, Chiefs, Moroka Swallows and all the other teams used to be good because they were playing with a passion. A passion to show the apartheid masters that as a Black people they will never be crushed. The passion of players in those days was informed by their pride, their suffering and a need to express themselves in only a way they can. With the dawn of the rainbow nation all that passion and pride has dissipated. I am inclined to think that it has a lot to do with a lot of selling our souls that happened with the sunset clauses and the TRC's.
I believe the mentality that is driving our sports men in the majority is limited to being as good as white South Africans. Remember during the apartheid days blacks could beat them at their games with no resources to speak off. I am not for nationalism but I believe we lack a spirit of nationalism. We do not have a common identity that will make us swell with pride and want to excel in whatever we do.
Part two coming soon.
This trip down memory lane is brought about by the happenings down under where SA is taking on Australia. It looks like once again Australia is going to spank our little behind for thinking we can beat them. It looks like we are going to get a hiding down under by a team that was recently comprehensively thrashed by India. It started pretty well as always but once a few wickets were lost panic set in and the rest if familiar history. I call it feeble South African mentality.
You see it everywhere, in soccer, in rugby and life in general.Our soccer has not progressed since 1996 because when the tough times came we have always folded like a deck of cards. We are easily excitable and we easily give in. When times are tough we normally do not want to associate with the loser, we would rather call for him to be fired. Coaches in our domestic and national soccer get changed every year because "they cannot deliver". Nobody thinks about the need for continuity. And oh! we also celebrate mediocrity....remember when we went to the soccer world cup in 2002 and came back after the first round with one win...our boys were celebrated as heroes. Or remember how we celebrated recently after beating Australia in the tri-nations when that did not mean a thing.
As a nation we are good at winning meaningless contests but when it comes to the real tests we fail dismally. We can beat Nigeria during friendly games but when it comes to official competitions we fail dismally. We cannot say much about Athletics and swimming in this country. It is true that government is just paying lip service to sports development in this country, but then aren't all African governments. Most of the athletes in the African continent make it out of sheer will without any resources to talk of. In South Africa unfortunately that will has been lost and cannot be rediscovered.
Pirates, Chiefs, Moroka Swallows and all the other teams used to be good because they were playing with a passion. A passion to show the apartheid masters that as a Black people they will never be crushed. The passion of players in those days was informed by their pride, their suffering and a need to express themselves in only a way they can. With the dawn of the rainbow nation all that passion and pride has dissipated. I am inclined to think that it has a lot to do with a lot of selling our souls that happened with the sunset clauses and the TRC's.
I believe the mentality that is driving our sports men in the majority is limited to being as good as white South Africans. Remember during the apartheid days blacks could beat them at their games with no resources to speak off. I am not for nationalism but I believe we lack a spirit of nationalism. We do not have a common identity that will make us swell with pride and want to excel in whatever we do.
Part two coming soon.
Thursday, December 18, 2008
Talking - that overrated phenomenon
It is a pleasure to indeed at last pluck up the courage and decide to join a multitude of people who have found a way to express their views at the comfort of their keyboards. Apparently it is therapeutic....we will find out.
A lot is happening in our country and everybody has an opinion on what it is that is going on in this beautiful land of ours. I have opinions too and you will get to hear about them here. hopefully some of them will get you hot under the collar. You will be allowed to do what we South Africans do best, call me names, maybe I will be famous one day. This is a beautiful dream don't you think, people reading your blog and responding with all manner of insults. After all we have been led to believe that South Africans (of the darker hue, of course) don't read and they don't think.
This blog has been inspired primarily by my good friend MoAfrika (I don't know whether i got the spelling right: South Africans don't care anyway how the misspell our names) and lots of e-mail debates that I have had with friends and family over a long period of time. To all of you I say thank you because I know that if nobody reads this at least you will and you will sooth my ego and tell me how well I write.
There will be grammatical and typing errors but these will become less as we plod along. And ke Motswana tlhe bathong, sekgoa se se na le go tshabela ko se tswang teng. Those wo do not understand what i just wrote can write in and complain and their complaints will be duly addressed.
Let me curb my excitement and stop here. We will get to talk some more as there are many things I want to write about. I welcome myself to this world and welcome you all to these exciting times.
A lot is happening in our country and everybody has an opinion on what it is that is going on in this beautiful land of ours. I have opinions too and you will get to hear about them here. hopefully some of them will get you hot under the collar. You will be allowed to do what we South Africans do best, call me names, maybe I will be famous one day. This is a beautiful dream don't you think, people reading your blog and responding with all manner of insults. After all we have been led to believe that South Africans (of the darker hue, of course) don't read and they don't think.
This blog has been inspired primarily by my good friend MoAfrika (I don't know whether i got the spelling right: South Africans don't care anyway how the misspell our names) and lots of e-mail debates that I have had with friends and family over a long period of time. To all of you I say thank you because I know that if nobody reads this at least you will and you will sooth my ego and tell me how well I write.
There will be grammatical and typing errors but these will become less as we plod along. And ke Motswana tlhe bathong, sekgoa se se na le go tshabela ko se tswang teng. Those wo do not understand what i just wrote can write in and complain and their complaints will be duly addressed.
Let me curb my excitement and stop here. We will get to talk some more as there are many things I want to write about. I welcome myself to this world and welcome you all to these exciting times.
Subscribe to:
Posts (Atom)