Opinion OCTOBER 16, 2013 9

TELL THE EDITOR These pages are a forum for debate. Send your opinions in the form of letters, faxes, e-mails, SMSes, tweets or Facebook posts. Write to, The Editor, PO Box Spin worn thin A plea Your 47549, Greyville, 4023; fax 031 308 2333, e-mail [email protected]; SMS ‘Merctalk’ and Hlophe your message to 31455 (standard rates apply); tweet @TheMercurySA; or write on our OUTH Africa’s medical pa- them were duly convicted of wall at facebook.com/themercurysa. Please include your name, address and telephone role system has come into very serious offences. In Shaik’s views number. The right to edit submissions, which should be no longer than 200 words, is sharp relief in recent case, he suborned the deputy for the reserved. Pseudonyms will be published only in exceptional circumstances. case weeks, with two of the president of this country and got Smost high-profile beneficiaries him fired in the process. The fact being seen out and about. In dis- that the same person ended up graced former police commis- becoming president, and the victims casts a sioner Jackie Selebi’s case, this NPA opted not to charge him, was going into a local shop on is a subject for another day. an errand, albeit driven there by Selebi gave crime intelligence of Cato dark a driver. reports to his “friend”, a drug In the case of Schabir Shaik, lord. the convicted former financial Selebi and Shaik were sup- adviser of our president, it was posed to spend a major portion Manor shadow slightly more of an active pursuit of their remaining lives behind – allegedly clubbing his caddie bars for these crimes. We cannot with his wedge and stomping on question the advice of medical WE ARE writing to urge politicians him with his golf shoes. experts who testified to these to respond to recent police violence on SA Both Selebi and Shaik were re- men’s terminal illnesses, but, like and contraventions of the courts in leased from prison on medical the rest of South Africa, we can Durban. On September 30, Nqobile parole. Selebi was serving a 15- ponder their apparent miracu- Nzuza, 17, was shot and killed by live THE Constitutional Court has been year jail sentence when he was lous recoveries to non-immi- ammunition, which witnesses say of seminal importance for the im- freed after 229 days because of nently terminal status. was fired by the Cato Manor police. plementation of the democratic dis- kidney failure. Shaik served two And we can wonder, too, just During the months leading up to pensation since 1994 in order to give years and four months of his why – if they are in such appar- Nqobile’s death, her community of credible and cogent effect to the su- 15-year sentence before being ent rude health, particularly in Cato Crest was undergoing forced premacy of the constitution and a released owing to his “uncon- Shaik’s case – their parole has not evictions that, the General Council vibrant human rights culture. trollable” hypertension. been reviewed, if not revoked. of the Bar noted with concern in an It has been manifestly the most Both men were released be- The message, whether Selebi or open letter, the courts had interdict- esteemed court in the land, being cause the Department of Correc- Shaik’s camps like it or not, is ed no less than three times. the ultimate guardian of a progres- tional Services was apparently that freedom for these men Previously, Nkululeko Gwala, sive and universally admired consti- unable to treat their conditions shows that there is one set of who prominently had drawn atten- tution which is the supreme law of in jail hospitals. Nobody in their laws for those who are connect- tion to housing corruption in the South Africa. Its erudite, exemplary right mind would wish either ed, and another for the rest of us. area, was killed after receiving Research Fellow, house Ridgeton, or No 3 Ridge Road, Now follow up with and bold jurisprudence is perused man dead, or harm, for that mat- And no amount of spin will death threats. Several other activists University of KwaZulu-Natal, initially owned by John Ramsay and and studied in ter. The reality is that both of ever change that. have been shot by police. DR GURCHATHEN SANGHERA, later by Edwin Corbishley. action, Mr Phosa other illustrious Activists outside Cato Crest also School of International Relations, The first tollkeeper, appointed in WHETHER it is because Mathews courts, such as have been arbitrarily arrested, in- University of St Andrews, 1866, was Henry Bird. What is cur- Phosa is no longer an ANC national the House of cluding Bandile Mdlalose, who has DR KERRY CHANCE, rently referred to as the Western executive committee member that Lords, the Amer- received national recognition as a Anthropology Department, Freeway, was not always free. he speaks out with such conviction ican Supreme civil society leader for her work with Harvard University, According to the late historian against corruption, or because he is Court, the Indi- Second take Abahlali baseMjondolo. Other lead- DR MICHELLE Killie Campbell, both the tollkeep- trying to instil confidence in a shaky an Supreme ers, such as S’bu Zikode, the found- BURGIS-KASTHALA, er’s house and the gate were re- electorate, he should be commended Court and the From the South China Morning Post ing president of Abahlali, have been Public International Law School of moved at the beginning of the 20th for his strong words (“ANC has German Consti- threatened with death. Law, University of Edinburgh, century and the gate was then rein- failed to deliver” (The Mercury, Oc- tutional Court. It by George The escalation of violence comes DR VALENTINA AZAROV, stalled at a home in Kloof. tober 9). has had eminent Devenish at a time when the Independent Po- Human Rights and International In July 1970, a woman, signing However, he says he remains a jurists of world Robbed far and wide lice Investigative Directorate esti- Law Al-Quds Bard College, Al-Quds herself only as Mrs M, reported that committed member of the ANC and class who have mates that police assaults have in- University, Abu Dis, Palestine, the “small tollgate” was in her back that “the ANC is an anti-corruption led the court creased by 218 percent. HEIDI MATTHEWS, garden in Kloof. party”. His words become meaning- with distinction, such as Arthur HINA is constantly at the been sued and several more are There have been 4 047 cases of as- S J D candidate, Harvard Law IAN CORBISHLEY less, hypocritical drivel as long as he Chaskalson, Pius Langa and sharp end of Western ac- being pursued, but that has not sault, 275 deaths in custody, 22 rapes School; Fellow, Institute for Global Durban serves a president who has over 100 Sandile Ngcobo. They have left an Ccusations that it is infring- deterred countless other firms in custody, 50 cases of torture, and Law and Policy, Harvard Law charges of corruption against him, invaluable legacy that should not be ing intellectual property rights. there and around the world from 641 complaints of the discharge of School; Good old days when and who has been content to sacri- squandered or tainted. The latest US government vio- illegally profiting. an official firearm. Human rights CLARK BYSE FELLOW, 6d got you through fice the judiciary and our country It is therefore a matter of pro- lations report keeps it on a prio- The e-cigarette market is ex- groups such as Amnesty Interna- Harvard Law School; Fellow, Film trying to keep himself out of jail. found sadness and regret that its rity watch list of 10 nations. ploding, especially in Europe and tional have documented similarly Study Center, Harvard University, VICTORIAN and Edwardian Natal, He talks about trying to save a reputation and esteem are now But theft of patents, designs North America. Tens of millions alarming trends. Adding to the state- ASSOCIATE PROFESSOR a coffee-table book by Verbeek, has once great liberation movement that being tarnished by the ongoing saga and copyright is not just a pro- of the world’s 1 billion smokers ments made by lawyers, scholars, re- CYRA AKILA CHOUDHURY, two pictures of the tollgate function- has become rotten. involving the Judge President of the blem in the countries that are have turned to them in the belief ligious leaders, activists and organi- Florida International University, al in the 1870s. The fee was 6d. It is too late, Mr Phosa, the dam- Western Cape, John Hlophe, in the named and shamed. It is an that they are less harmful than sations in South Africa and abroad, College of Law, Miami, JANET LEVY age is done. The only way forward is Special Disciplinary Tribunal, set international phenomenon that traditional tobacco products. we ask that attacks on activists and ZINAIDA MILLER, Westville to impeach the president and try to up by the Judicial Service Commis- has no boundaries. Hon Lik, the Researchers at Wells Fargo & their homes in Cato Manor be Fellow, Institute for Global Law and replace the leadership with honest sion (JSC). This state of affairs has Chinese inventor of the electro- Co predict that global sales will ceased, to fairly investigate the Policy, Harvard Law School PhD Don’t miss concert men and women. How this would be its genesis in the serious allegations nic cigarette, well knows that. He near $2 billion (R20bn) by the killings and other incidents of vio- candidate, The Fletcher School, held for Childline done when the opposite is so deeply that Hlophe had attempted to defeat claims he is being robbed of a end of the year and top $10bn by lence policing, and to move forward Tufts University, Boston, ingrained I cannot imagine. the ends of justice by trying to influ- fortune by companies in China 2017. There are likely to be un- through meaningful negotiations. ALEJANDRA AZUERO-QUIJANO, A CONCERT to raise much-needed We have to accept that there was ence two Constitutional Court and elsewhere that are unlaw- scrupulous business people in Violent policing makes everyone Fellow, Weatherhead Center for funds for Childline KZN will be held an old ANC and now a new ANC, the judges to give judgment in certain fully making copycats. such an environment. less safe, and in any free, open and International Affairs, Harvard at Live-The Venue, at 166 Matthews former a proud and great liberation cases in favour of President Jacob Hon is widely acknowledged Hon’s companies do not have democratic society, it should not be University, SJD Candidate Harvard Meyiwa (Stamford Hill) Road, movement, the latter a disgrace. Zuma. as the creator of the smokeless the resources to pursue every tolerated. Law School, Greyville, on Saturday, October 26. For anybody voting for the ANC Although the matter has been cigarette and the firm he co- patent infringement. Nor can PROFESSOR LUCY DR PAUL O’CONNELL, The show will feature local bands in its current form, you get the go- simmering for five years and it was founded, Ruyan, has been selling cases always be promptly han- WILLIAMS, School of Law, SOAS, University Salty Dog, Zwarte Piet Band, Cus- vernment you deserve. fervently hoped that it would reach it on the mainland since 2003. dled and processed Northeastern University of London tomized, Gainsford, ARB, East Coast So, millions will vote for the ANC finality when it was to be adjudicat- Patent protections are held by China has challenges in en- School of Law, Basement Blues Band, F ’n Rits and next year with a thank-you vote, the ed on by the tribunal, an unprece- Dragonite International, a Hong forcing intellectual property PROFESSOR KARL KLARE, Tollgate has a rich Bobby & The Dynamites. With actor same vote that kept the Nationalists dented development has now oc- Kong-listed company of which rights protection but, as the e- Northeastern School University history in Durban and comedian Frank Graham. in power for 40 years. Theirs was a curred with potentially prejudicial he is chief executive. A number cigarette shows, so too can West- School of Law, All these artists will perform thank-you for liberating the Boers consequences for the integrity, es- of American companies have ern nations. LISA KELLY, S J D candidate, IN RESPONSE to Michael Corrig- free. The management of Live has from the Brits; now we have blind teem and indeed independence of Harvard Law School, more’s question as to the origin of offered the venue, equipment and supporters of the ANC who will give the Constitutional Court and its DR LAURENCE RALPH, the name Tollgate in Durban (The sound crew free of charge. their vote to the ANC for liberating members. Departments of African and Mercury Forum, October 14), I can The venue will open at 5pm and us from apartheid. African American Studies and of confirm that a tollgate did exist at the music will start at 5.30pm. There How sad that a country such as Bizarre twist Anthropology, Harvard University, the top of Berea Road. will be raffles and lucky draws . ours with such huge resources, such Thought for the day ASSISTANT PROFESSOR AZIZA The gate and the tollkeeper’s Anyone wishing to donate items brilliant people and such beauty, has In what can only be described as AHMED, Northeastern University house were erected in 1866 at the city or wanting more information can been hijacked by a small bunch per- a bizarre twist of events, the two Man may have discovered fire, but women School of Law, Boston, boundary, situated where Ramsay e-mail [email protected], or fectly happy to turn us into another principal witnesses, Constitutional discovered how to play with it. – Candace PROFESSOR BROOK BAKER, Avenue fed into Berea Road before phone 078 264 9475. Zimbabwe. Court Justices Chris Jafta and Bess Northeastern University School the building of Tollgate Bridge. The ERROL “SMELLY” FELLOWS BEEZY BAILEY Nkabinde have in an unprecedented Bushnell, author of Sex and the City of Law, and Honorary tollkeeper’s house straddled the Durban Cape Town volte face refused to appear before the tribunal. It was argued on purely technical grounds that Judge Hlophe had no case to answer, since Justices Jafta TO THE girls I know co-operate. Not for and Nkabinde had refused to give and to the billions I money, fame, recogni- sworn statements, to appear before don’t: Without exception tion, or even to belong. Durban’s housing crisis needs a rethink the tribunal to confirm their erst- every one of you is gifted, Stay out of control. while complaint and subject them- talented, uniquely curios. Arm yourself by selves to cross-examination. You are to be treasured. chasing education, re- THE BLUE flags are back on Dur- The chairperson of the JSC dis- Believe your parents or jecting the foolish, per- ban beaches, Poetry Africa is also Frank negotiation, not violence, ciplinary tribunal, retired Judge teachers when they ex- vasive belief that beau- back and another glorious Durban Joop Labuschagne, dismissed the press something similar. You & M e ty is skin deep. Use your summer beckons us to the wonder- will help city and shack dwellers objection that there was no valid It is not said just to get by Rod Smith voice as early, quickly ful public space at the beachfront. by Imraan complaint, and held that there was you motivated. and as loudly as possi- These should be good times in find each other in the mayhem Buccus indeed a valid complaint and there- Talent, power and ble. Stand up for your- Durban. fore that the tribunal would have to bravery are divinely endowed. self. Speak up. Express your views. But the crisis around housing in address the substance of the com- They are yours. They are in your Do it now so it becomes a way of Cato Crest is doing massive interna- and a radical rethink of how the dead, in the back of her head, by the people are well organised it is often plaint. bones, your soul; in the depths of life. Flee all who are more interest- tional damage to the city’s reputa- housing crisis is approached. In her police. Two other activists have also possible for repression to be resis- However, in a further develop- your spirit and your being. ed in your charm or your beauty tion. There have been protests in important book Cities with Slums been shot with live ammunition, one ted. The attempt to try to crush so- ment, as a result of Judge In the best of company your than they are in your appreciating global capitals, churches, interna- Marie Huchzermeyer, the head of by the police and one by the Land In- cial movements with violence is one Labuschagne’s dismissal of the uniqueness, your talent and the your brain and respecting your tional human rights organisations the town planning department at vasions Unit. that has backfired massively on the objection, Justices Jafta and power within you will be encour- voice. and some of the greatest intellectu- Wits, shows that in recent years the There have been constant allega- powers that be. Nkabinde decided to institute a re- aged, respected and deeply valued. als of our time have expressed their state has tended to see the shack tions of assaults by the police. There There have been, and will contin- view application of the dismissal. But, some will try to exploit, ● Smith is a family therapist in deep concern about Cato Crest. settlement as a threat to be eradicat- have also been constant allegations ue to be, court actions. There have Moreover, Judge Hlophe is reported ignore, or squelch you, and do so the US. He can be e-mailed at Bishop Rubin Phillip, so often the ed rather than a space requiring of death threats against activists. A been road blockades around the city. to be considering throwing his lot in often in the “nicest” of ways. Don’t [email protected] moral consciousness of this city, has democratic engagement and social week ago, award-winning activist There is also a rapidly escalating with the review application. This expressed his outrage. Protests are support. Mnikelo Ndabankulu was publicly campaign of international solidari- could greatly prolong proceedings. planned across Europe on October In Cato Crest there have been threatened with death on Gagasi ty. The city’s ability to govern its As a result, the motives of the 19. consistent allegations of massive FM. poor residents without their consent two Constitutional Court judges are The Cato Crest crisis did not corruption, party political bias and is in peril. At the same time the being openly impugned. Why have TFOUNDEDHE MERCURY IN 1852 come out of nowhere. The city’s ethnic discrimination against peo- Outrage city’s international reputation is at the two judges changed their minds? housing programme has been con- ple from the Eastern Cape. real risk. Who is, and who is not, telling Newsdesk ...... 031 308 2332 Advertising ...... 086 023 8377 troversial for years. Unlawful evic- According to advocate Ismael Se- Part of what is creating such out- It is clear that further repression the truth? Has any undue pressure Editor...... Philani Mgwaba Deliveries.080 020 4711/031 308 2022 tions, shocking conditions in shack menya, of the General Council of rage is that no one has been arrested will lead to further popular resist- been brought to bear? Although 031 308 2620 Switchboard ...... 031 308 2911 settlements, the return of the hated the Bar, there has also been repeated for these killings, shootings and ance and massive international these are profoundly painful ques- Night Editor ...... Jon Knight E-mail...... [email protected] Assistant Editor ...... Venilla Yoganathan On the web...... www.themercury.co.za colonial institution, the transit illegality on the part of some in the other forms of intimidation, yet at damage to the city’s reputation. tions, failure to address them imper- News Editor...... Philani Mazibuko www.facebook.com/themercurysa camp, and tiny, poorly constructed municipality. A number of com- the same time a courageous young What is needed now is a credible ils our system of justice, which is Business Editor...... Suren Naidoo houses on the edges of the urban pe- menters have serious concerns woman, Bandile Mdlalose, was ar- investigation, immediate action to premised on integrity, honesty and Sports Editor ...... John Trachim www.twitter.com/themercurysa riphery have all been condemned. about what has been termed “the rested, held in Westville Prison and arrest those responsible for the as- public esteem. THE Mercury is printed and published by 1978. The Mercury is committed to the Press Then there was the whole deba- blatant disregard for the courts and released on a shockingly high bail sassinations and shootings in Cato It is therefore at least the charac- Independent Newspapers KwaZulu-Natal, 18 Code of Professional Practice, which cle around the Slums Act, pushed by the rule of law”. for organising a protest against the Crest, a return to the rule of law by ter of three very prominent judges, Osborne Street, Durban, for the proprietors prescribes that news must be reported in a the previous leadership of the But the reason why the situation murder of Nqobile. the city and a serious attempt to re- who will continue to adjudicate and and publishers, Independent Newspapers truthful, accurate, fair and balanced manner. province but later found to be un- has created such waves internation- In the eyes of many of Durban’s solve the escalating conflict between give judgments in the highest (Pty) Limited, at 18 Osborne Street, Durban. If you feel we don’t live up to the Press Code, The copyright in the literary and artistic works contact The Press Ombudsman in writing at constitutional. But following the ally, and the reason why it is doing poorest citizens, and in the eyes of the city and its poorest residents courts, that is being called into ques- in this newspaper and its supplements, as 2nd Floor, 7 St David’s Park, St David’s Place, scandal around the massive and such serious harm to Durban’s repu- the world, it looks like the dark days with negotiation rather than vio- tion. This is indeed a tragic tale of well as in the published editions and any Parktown, 2193 or PO Box 47221, Parklands questionable wealth of tenderpre- tation internationally, is the uncon- of repression are back. In this con- lence. The situation is grave and the woe that threatens to cast a dark other content or material (including any 2121, or e-mail neurs, as well as the revelations in scionable violence with which the text, many shack dwellers in Dur- time to act is now. shadow over the judiciary. online version), belongs exclusively to [email protected] the Manase report, there is evidence opposition to corruption and illegal ban are organised into the largest Independent Newspapers (Pty) Limited unless (www.ombudsman.org.za). The circulation of ● ● stated. The copyright, including the the Mercury is certified by the Audit Bureau of corruption in housing. evictions has been repressed on the social movement to have emerged Buccus is a research fellow Devenish is Emeritus reproduction and adaptation of any content of Circulations. It is a perfect storm of social toxi- ground. after apartheid, Abahlali baseMjo- in the School of Social Sciences Professor of Public Law at the or material in this newspaper and its supple- city and requires a radical rethink Two activists, Thembinkosi ndolo. at UKZN and academic director University of KwaZulu-Natal ments, is expressly reserved to the publisher, on the part of the government – Qumbelo and Nkululeko Gwala, When people are unorganised re- of a university study abroad (Durban) and one of the scholars Independent Newspapers (Pty) Limited, INDEPENDENT NEWSPAPERS local and national. There needs to be have been assassinated. A 17-year- pression can often be effective in programme on political who assisted in drafting the under Section 12(7) of the Copyright Act of KWAZULU-NATAL decisive action against corruption old girl, Nqobile Nzuza, was shot crushing their struggle. But when transformation. Interim Constitution in 1993.