Racism has taken a new dynamic. Racists continue to improvise even under a Constitutional dispensation that seeks to safeguard and protect the rights of everyone. The new dynamic is well encapsulated in the name adopted by one of the NGOs, Freedom Under Law (FUL). Properly construed, this name implies that the Constitution has afforded racists the freedom to continue to oppress and suppress blacks. They do so now under and within the framework of the Constitution, which is the supreme law of the country.
This is beyond the reach of the judiciary, which in a twist of irony, finds itself in the untenable position of perpetrating racism under the guise of the rule of law. This is so, because the duty of Judges is to resolve disputes brought before them, which are cases over which they preside. They play no role in the selection of those cases. Litigants do.
Racist non-governmental organizations (NGOs) do so based on racism, or at least racial bias, and there is nothing the courts can do about that. One needs to look no further than those that have been taken to court by FUL and AfriForum. Their targets are all black people or people who are or perceived to be of a certain political affiliation. Those NGOs will never demand prosecution of General Johan Booysen for the massacre of about 28 people during the reign of terror of the Cato Manor death squad of the South African Police Service (SAPS). To the contrary they project him as a hero. And the list is endless.
We were encouraged, at least, by the questions that the Chief Justice posed at the Judicial Service Commission (JSC) to Mr Justice Unterhalter who is both a member of, and was the Counsel representing FUL in most of its litigation before joining the judiciary. The Chief Justice posed a question on the criteria that is generally used by the NGOs for the intake of their cases. Mr Justice Unterhalter’s response was poignant: each NGO decides what its area of focus is. Indeed. There is nothing one can do if the intake of their cases is racially biased. This is “freedom under law”; or isn’t it?
But then we cannot allow racists to wreck havoc in this country. Pro-democracy forces must rise up and fight to create an equal and just society. Anti-democracy forces cannot be allowed to have free reign to reverse our gains by practicing racism under the guise of the rule of law.
It is for this reason that we have decided to establish a litigation and private prosecution unit. Our main area of focus to start with are the cases that the National Prosecuting Authority (NPA) are sitting on that involve serious white-collar corruption. We will soon be writing both to the Police Commissioner and the National Director of Public Prosecutions (NDPP) and demanding the status of investigations with regard to the cases that we intend to target. This includes those cases that involve senior NPA officials, past and present, who in turn divert the attention away from themselves, and pretend to be holy cows, while working in cohorts with the General Council of the Bar (GCB), FUL and AfriForum for self-servings ends.
That is the reason why they don’t want Advocate (Adv) Jiba and Adv Mrwebi in their midst in the NPA – because of their seniority, experience, firmness and fairness in ensuring justice and equality for all. They are not white psychopaths and take no instruction from the white masters. That is why the only option open for anti-democratic and racist forces is to push for their removal from the NPA.
The postulations of propagandists through the media, to the contrary, are a diversionary tactic. We dare not lose people of such high moral and personal integrity from the NPA. Otherwise, we are in for a decade-long period of oppression and repression of black people by whites through the rule of law, which includes selective racially based litigation and prosecution.
Issued by the National Coordinating Committee of Black First Land First (BLF NCC)
10 August 2018
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