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Tony Leon should apologise for Hlophe remarks - JHA

Khayelihle Thango - Percy Gumbi
16 June 2009

Former DA leader accused by Alliance of launching a despicable and racially divisive attack on the Cape JP

The Justice for Hlophe Alliance condemns in the strongest possible terms former DA leader Tony Leon for the scurrilous, scandalous and unwarranted personal attacks on Judge President Hlophe and other black judges, which are calculated to bring the judges, the judiciary and the administration of justice into disrepute (see article). The Alliance calls on the public to reject Leon's despicable racially divisive tactics, and for right-thinking members of the public to fully support Judge President Hlophe and to rally behind the rejuvenated campaign to have him appointed as the next Chief Justice of the Republic.

The Justice for Hlophe Alliance notes with extreme sadness that Tony Leon, a Jewish South Africa citizen, has blatantly imported and invoked language and tactics from Israeli politics in an effort to slander the Judge President.  Just two years ago, an Israeli member of parliament, Effi Eitam's declared that Israel should expel West Bank Palestinians and bar Israeli Arabs from political life, since the latter are "a fifth column, a league of traitors."  

During the fighting in Gaza and Lebanon such tones were increasingly rising in the Knesset and even Knesset Members from Arab parties were charged with being "traitors and a fifth column" by their Jewish detractors (see here.) This philosophy of politics by stigmatizing fits in neatly with the "rhetoric of 'extermination' described by Abir Koptyin in an article entitled "Fifth column forever? Why is Arab criticism always labelled as conspiracy to destroy Israel?"  He states:

"Whenever Arabs speak up and voice criticism that does not flatter Israel's policies, this criticism is labelled as an attempt to destroy and exterminate. Every time the question of the relationship between the State and its Arabs citizens is on the political and media agenda in Israel, many opinion leaders choose to consistently make use of rhetoric of "extermination."... The rhetoric and myth regarding the "threat" are used to reject any criticism or proposal for change. This even shapes to a large extent the perception of the Arab public being an "enemy" and apparently legitimizes the continuation of hostile policies towards it instead of reaching a mutual understanding."  

The Justice for Hlophe Alliance warns Leon and others against starting or introducing into our society a racist discourse that could replicate the Arab-Israeli eternal strife.

The Justice for Hlophe Alliance cautions that attacking black judges on spurious grounds is rapidly becoming one of the favourite pastimes and hobbies of white politicians from the Democratic Alliance.  Given our odious apartheid legacy and racially-based political culture, such comments claiming black judges are "fifth column" members who should be denied appointment to positions on the Constitutional Court contain coded political messages that are provocative and inflammatory.  

If left unchecked they can take members of the Public down the same dead-end road these racist politicians had taken our country during apartheid. The tragic result would be that Blacks will believe that they can only get justice from African judges and whites will feel the same way. The Justice for Hlophe Alliance urges all right-thinking South Africans to condemn the filthy politics of division, opportunism and appeal to bigotry manifest in Leon's statement.  

The Justice for Hlophe Alliance lets it be known that it will not allow the likes of Leon to take pot shots at the black judiciary, knowing full well that judges cannot defend themselves publicly.  Justice is too precious a commodity and should not be sacrificed on the altar of political expediency. We demand that Leon apologize unconditionally for his incendiary remarks against Judge President Hlophe.

The Justice for Hlophe Alliance will be embarking on a proactive, focussed, unapologetic and aggressive campaign to expose the schemes and stratagems employed by those who seek to derail Judge President Hlophe's well-deserved elevation to the position of Chief Justice of the Republic.   We cannot sit idly by when Leon and his racist allies are besmirching an outstanding man, Judge President Hlophe and are now threatening to blackmail President Zuma and the ANC into voting down his nomination as Chief Justice.

The Justice for Hlophe Alliance reminds all our compatriots of the following basic facts about Judge President Hlophe. He is amply qualified to serve on the Constitutional Court. Hlophe has five university degrees, including a Masters and a PHD from Cambridge University in the UK, which is amongst the leading universities in the world. That is a feat that stands unmatched and unrivalled by any of the Chief Justices at the helm of our constitutional court since the advent of our democracy.  He was the youngest judge ever appointed to head the second largest court in our country and has years of experience in private practice and the academic world where he served as a law professor.  

Every judicial nominee ought to be treated with decency and fairness. But Hlophe particularly deserves a healthy dose of respect, as he is a genuine South African hero who rose from a very impoverished background, reached the pinnacle of success, rejected phenomenal wealth he could have amassed in the private sector (BEE world) and made a deliberate choice to dedicate his life to public service. His performance on the bench has clearly shown him to be a pillar of transformation and an architect for a non-racist judicial system.  

There were several judgments including one in favour of De Lille of the ID, another landmark ruling affirming the right of poor and illiterate shack- dwellers to receive their notices in their mother tongue instead of English.  Hlophe has staunchly advocated the right of access to courts and has championed the use of African languages in our courts.

Hlophe is also a brilliant legal scholar who has published law review articles including "The role of judges in a transformed South Africa" (1995).  He has also mentored and groomed some of the judges who are now gracing the constitutional court and the Supreme Court of Appeal.  And that is not all - Hlophe emerged many years ago as an expert on the doctrine of legitimate expectation.  His published scholarly works on the subject has been quoted extensively in German, US, British and Australian law journals and is frequently relied upon by our courts. 

His scholarly contribution on the subject has been described by the Concourt itself as part of "a rich academic discussion." Hlophe's approach on the doctrine was later praised and emulated by the Namibian Chief Justice in a case involving permit applications and legitimate expectations. He lauded Hlophe for having "lucidly and succinctly stated the principles pertaining to the substitution of the functionary's decision" and legitimate expectations. 

The Justice for Hlophe Alliance reminds all our compatriots that no serious participants in South African public dialog want to see the debate around judicial independence and transformation stifled by resort to accusations of racism.  Yet many very serious, and very vocal, white participants in the debate around Hlophe prey upon gullibility and fear about affirmative action, demonizing ideas and people alike. 

The way toward better race-neutral discourse on the judiciary is itself only clear when lit by truthful dialog and respect for all members of the judiciary, not just whites.   That goes for Hlophe as well - his leading role as a champion and martyr of transformation shall withstand all hidden agendas to derail his judicial career, including his elevation to the top. 

Statement issued by Adv. Khayelihle Thango and Mr. Percy Gumbi of the Justice for Hlophe Alliance KZN Chapter, June 16 2009

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During the Spanish Civil War, General Emilio Mola was asked which of his four army columns would capture Madrid. He replied: 'The Fifth Column.' This was a reference to citizens inside the capital loyal to Franco. Thus the term 'fifth columnist' entered the political lexicon — a reference to members of the community with a loyalty to the state, or a constitutional body, but determined to strike a blow, perhaps a crippling one, against it. I’m beginning to get the feeling that Western Cape Judge President John Hlophe and his outriders have become home-grown vandalisers of our constitution."
Tony Leon, Sunday Times June 7 2009
 

Comments

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 responses to this article

what has this got to do with israel
what are they on about? how the hell has israel any bearing on this what so ever? one can only conculde a deep anti semetic belief.........what is ironic though, is the "counter revolutionaries" label that is placed on anyone with divergent views of the . .more

by onlooker on June 16 2009, 18:44
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This is a lightly refried version of Paul Ngobeni's article....
from last week's m&g. The bizarre borderline anti-Semitism seems new though.

by Gus Gosling on June 16 2009, 21:20
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I think this is what it has to do with Isreal
What has this got to do with Israel?

Some comments: Some weeks ago I talked to an overseas visitor about Israel, Obama and the like. He made some fascinating comments, and if his insights become mainstream in the West, then Israel is doomed. I . .more

by JVR on June 16 2009, 21:32
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what a cheek..
Hlophe was caught with his pants down trying to influence a decision by the JSC.
Incredible that his black brothers have the audacity to defend the indefensible, nay try to hoist this crook to the top of the judicial pile.

by rayjay on June 16 2009, 22:47
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Incomprehensible
Incomprehensible rubbish designed to distract attention from Hlope's racist and illegal behaviour.

by Peter on June 16 2009, 23:12
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trashy mish mash
I can't believe it is an advocate who concocted this divisive piece of trash. How did Khayelihle Thango become and advocate? How did Hlophe become a judge? Why would a guy with questionable morals be allowed to be a judge of the highest court? And why on . .more

by Jabulile Ngubane on June 17 2009, 00:05
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I Applaud Leon
for his honest and accurate article. Do not try to misdirect the focus with this utter rubbish you have written. Other advocates must be cringing at this OPINION piece, which does not seem to have any basis in fact.

by Peter on June 17 2009, 03:59
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@JVR
so between you and your mate, you have decided that israel is a colonial outpost that won't exist? so, what is your middle east solution then, another holocaust?

what is the natural state like lebanon, jordan and syria? these are all sovreign . .more

by onlooker on June 17 2009, 06:41
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Its the new SA

Trash the constitution, promote the crooks & slime-balls to the top of the food chain, play the race card .... and call it transformation.

The article by the JHA is nonsensical mumbo-jumbo.

by Petr on June 17 2009, 06:56
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The JHA is
an anti-semitic anti-white organisation which proclaims that "justice is precious" yet canvasses for a person who is the very antithesis of what one expects a judge to be, for appointment as Chief Justice.

It will be remembered that Hlope found . .more

by flebus on June 17 2009, 07:15
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drivel
I have just wasted 5 minutes of my life reading this garbage

by ack on June 17 2009, 07:28
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It won't be garbage when Hlophe is sworn in as CJ
XXXX

by Joe Jika on June 17 2009, 08:37
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JHA
This is starting to become a very familiar refrain. Don't in any shape or form deal with the issue at hand. Hysterically start screaming racism and apartheid and silence any commentary. Wow to believe an advocate wrote this. Advocates I have known over . .more

by Charlie Chaplin on June 17 2009, 09:15
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The problem with having "5 Degrees and a Cambridge PhD"
Having read a little about Hlophe's activities over the past few years, it seems to me that his intentions are good, but he's just not as clever as he thinks he is. This is unfortunately a common trait among the lettered... the belief that tha ability to . .more

by M on June 17 2009, 09:25
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If this is what counts for legal argument these days, anyone can be a lawyer
Just a couple points.

-Dont' you think if I replaced "Arab" with "White" and "Israel" with "South Africa", you would be the ones who take anything Leon says and make it a race issue (even when it's not)?

- Are Moseneke and Langa not . .more

by Khulgaz on June 17 2009, 10:05
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Smoke and mirrors
I don't like Leon but he is right this time. A corrupt and partisan judge in the highest office? Lack of independance in the judiciary is a big indicator of the demise of SA. What next ... President for Life Alliance?

by Dont be fooled on June 17 2009, 10:16
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Use politics to get out of personal troubles
Hlophe is using politics (like Zuma) to get out of personal troubles. SA should rather appoint people who does not have personal problems.

by Jan on June 17 2009, 11:15
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Abusive rubbish written by idiots
We live in an era where people have to grovel and apologise for saying the right thing. Unfortunately this completely over the top, and anti semitic piece by Khayelihle Thango and co, only serves to show them up as racists, defending the indefensible . .more

by Airwolf on June 17 2009, 11:28
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I concur with the majority judgement...
I know I'm not adding anything new to the discussion, but what absolute nonsense from the JHA (two men, half a brain and a fax machine?). Why does Hlope have right to become CJ, given his patent weaknesses? What has Tony Leon's argument got to do with . .more

by Jacques on June 17 2009, 11:50
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Hlophe's damning violations (Tony Leon should apologise for Hlophe remarks)
We don't need "spurious grounds" to despise John Hlophe, whom we would have no reason to fear if the ANC was not waging an assault on the non-ANC-dependent judiciary with the help of Hlophe and his fan club.

Hlolphe repeatedly indicted his own . .more

by Siegfried Hannig on June 17 2009, 12:22
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Thango and Gumbi, You are sabotaging Hlophe
Judge Hlophe's efforts to raise respect for black lawyers are been completely undermined by Thango & Gumbi who, like Mpshe's "judgement", bring black lawyers into ridicule.

Leon quoted a SPANISH general by way of background. By relating this to . .more

by Theseus on June 17 2009, 12:58
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Justice Hlophe
Judge explains Business Day
Published: 2009/06/12 07:07:06 AM


With reference to Aubrey Matshiqi?s column (Hlophe and stubborn case of
race, June 5) and the letter from Justin Lewis (Real slight is against . .more

by Justin Lewis on June 17 2009, 13:19
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Justice Hlophe

My Reply Sent today: Friday the 12th of June 2009
His Lordships explanation is most welcome and encouraging. It is to his
credit that the judicial cloak is not closed on issues relating to our
constitution and we are honoured, . .more

by Justin Lewis on June 17 2009, 13:20
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What a load of unintelligible twaddle
The writers should be tarred with the same brush with which Hlophe has already managed to tar himself and in the process retard true transformation in this country.

by Al on June 17 2009, 13:25
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On the contrary
I see the writers want Hlophe as chief justice.
I will immediately be condemned, by Hlophe supporters, as racist if I try to point out that the man clearly does not possess the qualitiies we should be looking for in a chief justice. Although I really . .more

by Al on June 17 2009, 13:37
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Mr Justice Hlope
Does the Judge not write his own script. I recall the Oasis matter, and then the matter of his sons position with a law firm, then all the other allegations about him which made the press over time. They were racism, the judicial interference and then the . .more

by David on June 17 2009, 14:16
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Ominous Signs
of things to come under Hlope and his racist sidekicks. This is the beginnig of the end of the court and eventually the legal system in SA.I am a lawyer and find this kind of brainless racist twaddle becoming the norm these days-especially among the newer . .more

by Krazy on June 17 2009, 14:33
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Last paragraph of the Thango/Gumbi tirade
How is it possible to ever have "better race-neutral discourse" on any matter if, whenever a "white" makes a statement in the slightest way capable of being construed as negative towards a "black", outraged howls of RACISM emanate as a knee-jerk reaction . .more

by mpho on June 17 2009, 14:51
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Achiever
5 degrees,this guy is good and have achieved a lot at a very young age.Most of you guys are just armchair critic who holds just average qualifications if any......just stop the jealus.

by Jan on June 17 2009, 15:39
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@JVR : Harsh practices
See a list of some of the previous regime's harsh practices in the last comment following the sixth article in the blog of 14/6/2009.

by mpho on June 17 2009, 16:21
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@Jan
Hey Jan, having 5 degrees doesn't give you emotional intelligence or necessarily mean your brain is properly wired (as we can clearly see) ...even if he had 20 degrees this article would be a load of rubbish ...and I still wouldn't be "jealus" ...

by Airwolf on June 17 2009, 16:26
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Hlope
C'mon guys, do not waste your time arguing with the Black Lawyers Assn. or Justice for Hlope Alliance. You are wasting your time and intellect by using reason, moral rectitude or logic with them. These are foreign and toally uncomprehensible concepts to . .more

by Ivan Moor on June 17 2009, 16:33
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This article is idiotic in the extreme
The total absence of any logic whatsoever defies understanding. Ivan Moor is right trying to reason with people who defend corrupt judges - who take money from parties about whom they issue decisions and then claim to have persmission from a person who is . .more

by semaarnet on June 17 2009, 17:20
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hi guys
Can somebody out there run a check on Hlophe's five degrees? We all remember Carl Niehaus and all his degrees.Might be interesting.

by jsb on June 17 2009, 21:45
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Is it a harsh practise, yes or no.
@mpho -- I was not talking about the previous regimes (or the ANC in 1960-90) harsh practices..., nor did I deny such practices. I was asking if the idea that Afrikaner kids can get an education at school or university in Afrikaans from Afrikaners is a . .more

by JVR on June 17 2009, 22:26
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onlooker - I was giving you a sentiment which is apparently growing overseas.
@onlooker:

I was not giving you above my own views on Israel, but that of a Western visitor. This view (of Israel as a result of the Western colonial project) is a growing one, and I evaluate it as very dangerous to Israel because it subverts . .more

by JVR on June 17 2009, 22:34
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@ JVR
What's geographical self-determination?. Is this the same as the far-right Zionist concept of expelling all non-Jews out of Israel?, even Arab-Israelis who've been there for centuries?, a Israel for Jews kind of thinking?

So the Afrikaners one . .more

by KhulGaz on June 18 2009, 10:06
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You could apply to immigrate...
KhulGaz -- Geographical Self-determination is what Italians, Libians, Greeks, Iraniana, English, Portuguese, Swedes, Finns, Icelanders, Russians, Madagascans, Sothos (in Lesotho, Swazis (Swaziland), Tswanas (Botswana), Ethiopeans, Moroccans, Egyptians, . .more

by JVR on June 18 2009, 15:44
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In my own country??!!
JVR - Let me get this straight, you come here, find people already settled here, put them in ghettos, after many decades of struggle, those people are freed, and turn around and forgive you, trying to build a country with you, you in turn get upset over . .more

by KhulGaz on June 19 2009, 09:53
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By the way
England is full of the non-English. They have communities, schools, churches etc. If all the Pakistanis suddenly demanded a piece of England where the English would need passports to get in, guess what the English would say?. Why would Africans say . .more

by KhulGaz on June 19 2009, 10:08
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These readers are dyslexic
You went on about race and forgot what the JHA said, "The Justice for Hlophe Alliance reminds all our compatriots that no serious participants in South African public dialog want to see the debate around judicial independence and transformation stifled by . .more

by Ian on June 19 2009, 16:08
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you have lost my goodwill
KhulGaz

You have a distorted view of SAcan history - clearly your brain is wired for propaganda, rather than dispassionate truths.

As for England being full of foreigners -- they are made to speak English, and are made to melt into . .more

by JVR on June 19 2009, 16:31
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Oxymorons
"Justice for Hlophe Alliance"? How can one use "Justice" and "Hlope" in the same sentence? The case against him is so clearcut that ordinary mortals wonder why it is still dragging on. Yet there are trained lawyers around who seem to have problems . .more

by Neelsie on June 19 2009, 16:58
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Who is Israel
"This account of how the State of Israel came into being does not take religious matters into consideration, but is based purely and simply on political, geographical, geopolitical and economic factors. It is difficult to arrive at a starting point when . .more

by Freedom on June 20 2009, 14:44
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Who is Israel
Continued...
The first step in this direction was a meeting between Hussein, the grand Sherif of Mecca, bastion of the Hashemites, and Lord Kitchener. Hussein was offered a guarantee of independence for his assistance against the Turks. Full . .more

by Freedom on June 20 2009, 14:48
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Who is Israel
Continued...
On June 27,1916, Hussein proclaimed the establishment of the Arab State, and was proclaimed king of the Hijaz on October 29. On Nov. 6,1916, Britain, France and Russia recognized Hussein as the head of Arab peoples and the king of Hijaz. . .more

by Freedom on June 20 2009, 14:50
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Who is Israel
This perpetual agreement, known as the Sykes-Picot Agreement, was concluded between Britain and France on May 9, 1916. All zones of influence in the Middle East were specifically spelled out, even where Arab states were ostensibly recognized as . .more

by Freedom on June 20 2009, 14:55
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Who is Israel
Once the Turks were defeated by Arab forces under Lawrence's command, and later the Arabs under Hussein, were defeated by the British-trained and equipped Abdul Aziz armies, the way was clear for Jewish immigration to Palestine to begin in earnest. . .more

by Freedom on June 20 2009, 15:00
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@ JVR
Well your last post has told me all I need to know about you. I could try to explain that civilisation is more about moving towards unity in diversity, that segregating yourself will not result in harmony in society, but I guess you've heard all that . .more

by KhulGaz on June 21 2009, 09:50
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Keep on believing KhulGaz ...
No KhulGaz

The issue is to let live (as in live and let live).

What people like you are still promoting is the idea of Pax Brittanica (or Americana, if you prefer, as in Pax Romanica). The idea of Unity in English, and all other . .more

by JVR on June 21 2009, 17:13
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Judges deserve justice too
I pass no judgement to the guilt or otherwise of the judge. But I have a problem with those in JSC seeking to malign him and who act in innuendo because of their own personal ambitions. Let the Judge have a fair hearing, he deserves to be protected by the . .more

by Gambu on June 22 2009, 08:41
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why are you running away from your responsibilities?
And how do you think exclusive sociaties are preserved?, by the gun even today. There is no one being driven to extinction!!, maybe if you spent more time with your kids, speaking to them in Afrikaans at home, teaching them your history, but also . .more

by khulgaz on June 22 2009, 14:36
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KhulGaz, go read the classics...
KhulGaz

Cultures are preserved not by parents, but by the existence of a cultural world (economy, if you will). The ANC has killed the Afrikaans world, and with it will go Afrikaans.

At the end of "The Odyssey", Odisseus returns . .more

by JVR on June 22 2009, 16:03
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No need for Tony Leon to say sorry
I believe that Tony should stick to his voiced sentiments. The truth does not need a advocate. I will not be happy if judge Hlope gets the position of chief justice. This is a position that needs to be based on credentials such as those of the current . .more

by Petal on July 10 2009, 13:17
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