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Author Topic: Live chat  (Read 2915163 times)

Patrick

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« Reply #4815 on: November 02, 2016, 03:27:42 pm »
Hahaha! Yeah it's going to be an interesting time coming up. I think many heads are going to roll...
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gcr

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Re: Live chat
« Reply #4816 on: November 02, 2016, 04:39:10 pm »
Thuli - has proven to be one clever lady. Her remedial action (Con Court has already ruled that these action have the full force of all court levels) calls for the establishment of a commission of enquiry set up by the president within 30 days and the chief justice of the country is to appoint the judge, and that judge is to appoint their own team of investigators. Remedial action is to be reported to the new PP periodically (she will be require to release this info into the public space). So she has hog tied Zuma and the new PP - very clever lady indeed
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Moneypenny

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« Reply #4817 on: November 02, 2016, 06:32:16 pm »
What a great day!  😌  Arrogance level of implicated individuals astounding.
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Orca

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Re: Live chat
« Reply #4818 on: November 02, 2016, 10:13:32 pm »
ZAR in a quandary as to direction. Very volatile.
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Patrick

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« Reply #4819 on: November 03, 2016, 07:51:06 am »
I have a feeling the ZAR was dissapointed with the wording of the state capture. It's full of "may be"s  and "appears to be" rather than being direct. And instead of giving an order on Zuma it requests a judicial inquiry. I can tell why she did it this way, it's impossible to fight, and will very likely put the ministers and Zuma himself onto the witness stand, under oath. In the long run will have the desired effect, but my prediction of heads rolling soon will have to wait.
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Moneypenny

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Re: Live chat
« Reply #4820 on: November 03, 2016, 09:57:12 am »
Quote from: Patrick on November 03, 2016, 07:51:06 am
I have a feeling the ZAR was dissapointed with the wording of the state capture. It's full of "may be"s  and "appears to be" rather than being direct.

You can not be direct, even when they catch a hijacker or murderer red handed it is always 'alleged' hijacker or 'alleged' murderer.  Apparently one is innocent until proven guilty even in obvious cases.
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Patrick

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« Reply #4821 on: November 04, 2016, 07:54:57 am »
True, the more I read, the more I believe she made the right decision. She seems to have set Zuma up to hang himself, with practically no way to use his usual delaying/diverting/picking lackey methods: http://www.dailymaverick.co.za/opinionista/2016-11-03-can-zuma-use-the-law-to-avoid-the-consequences-of-madonselas-report/
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Samurai

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« Reply #4822 on: November 04, 2016, 12:33:07 pm »
Assuming we all will have hangovers tomorrow?
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jaDEB

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« Reply #4823 on: November 04, 2016, 12:47:28 pm »
lol - or cry . South Africa prosecutor says probe on Gordhan's role in 'spy unit' advanced
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jaDEB

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gcr

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Re: Live chat
« Reply #4824 on: November 04, 2016, 03:21:26 pm »
Quote from: jaDEB on November 04, 2016, 12:47:28 pm
lol - or cry . South Africa prosecutor says probe on Gordhan's role in 'spy unit' advanced
Isn't this just crazy - and not one MP had the gumption to ask Abrahams when he is re instituting the 783 charges against Zuma - and he says he is not captured - boet this guy is in a straight jwcket
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Moonraker

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« Reply #4825 on: November 04, 2016, 03:26:03 pm »
Z . can appoint the judge overseing the judicial commission  of enquiry asked for by Madonsela. Can you believe it !
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Patrick

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« Reply #4826 on: November 04, 2016, 03:48:25 pm »
Has something changed? I thought chief justice was appointing the judge.
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Moonraker

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Re: Live chat
« Reply #4827 on: November 04, 2016, 04:08:49 pm »
Patrick, I don't know, as Z. usually has the right to appoint. Maybe not in this case. See below. (From Daily Maverick - Pierre de Vos)

Usually the president has the discretion under section 84(2)(f) of the Constitution to appoint commissions of inquiry. The remedial action now fetters this discretion. The question a court will have to answer is whether the special circumstances of this case render this fettering of the president’s constitutional powers constitutionally valid or not. Is it permissible – in these extraordinary circumstances in which the president is being implicated in breaches of the Ethics Act and in possible corruption – for the Public Protector to restrict the constitutional powers of the President?

The problem faced in this case is that there are excellent reasons why the president should not have the discretion to appoint a judge of his choice to head a commission of inquiry to investigate matters delineated by the president. The president is conflicted as he is implicated in wrongdoing which would have to be investigated by the commission of inquiry. It is inevitable that if his discretion is not fettered he would appoint a judge he perceived to be sympathetic to him. This conflict of interest would almost certainly invalidate the entire commission.
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gcr

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Re: Live chat
« Reply #4828 on: November 04, 2016, 04:36:17 pm »
If you read Wikipedia it makes for interesting reading she has legal degrees and has been awarded doctorates. She was part of the team that drafted the constitution and. She was a member of the SA Law Commission from 2007 until being made PP. So I think she knows her way around the law and the constitution. So in reality Zuma has to appoint a commission within 30 days, but, can't appoint the presiding judge that has to be appointed by the chief justice. I doubt that Zuma will contest this as the Con Court has already ruled that Zuma has not upheld the constitution.
She has proven to be a very clever lady whilst PP and certainly know the lie of the land
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Moonraker

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« Reply #4829 on: November 04, 2016, 05:10:40 pm »
OK, thanks - that sounds better.
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