AN UPDATED VERSION-OBSERVATION AND ANALYSIS MARCH 2020
How can a Captured Apartheid Judiciary be expected to administer and mete out justice when the state of its capture runs deep into the essence of its DNA roman-dutch law foundation brought to us by evil colonial settlers? we ask...
How do you begin to fix the cracks in such a rot system?
Latest bizarre judgement by the North Gauteng High Court draws reactions from various sectors of society with Professor Seepe having this to say in his analysis and commentary as published in The Star Newspaper and other publications. We include it below as it is by permission from Professor Seepe himself:
"*God save us from a politically contaminated judiciary*
A thought piece by Professor Sipho Seepe
“The new dawn that engulfed the country in 2018 did not miss Eskom Holdings SOC Limited (Eskom). It brought life to Eskom in that in January 2018, Eskom’s old and inactive leadership was replaced by new leadership with new life to undo years of maladministration and corruption within the organization.”
One would be forgiven for mistakenly attributing this statement to a political analyst, a faction in the ANC or some other political observer. But the quote above comes from none other than the full bench (three judges) of the Gauteng High Court. In doing so, the Court gave a judicial imprimatur to a political notion of the new dawn. The notion of the new dawn is still a matter of debate. It belongs to the same lexicon of Ramaphoria, Ramageddon, Ramaruin.
It would probably shock the Court to discover that President Ramaphosa was assigned as early as 2014 with the task of developing “turnaround strategies for state-owned enterprises to enable these enterprises to play a meaningful role in contributing towards South Africa’s growth and development.”
Far from the rosy picture painted by the full bench, since 2018, the economy has been shedding jobs, the promised economic growth of 3% has not materialized, instead the opposite has happened. And the economic outlook remains weak.
As early as March this year, a newspaper sympathetic to Ramaphosa noted its disappointment with economic performance. It pointed that “economic growth in 2018 came in at a paltry 0.7%. Not only is this far from the levels of about 5% that are needed to make inroads into the country’s unemployment crisis, it is only just more than half the rate achieved during Zuma’s last year in office, when the economy expanded 1.3%.”
Clearly the (dis)honorable judges must have been in a state of hallucination when they wrote the judgment.
Evidently the Court displays the same intellectual laziness that has gripped the country as it seeks to separate Ramaphosa from the Zuma presidency of which he was part. Even more worrying is its total disregard of the Constitution which assigns individual and collective accountability to members of the Executive. But that would be too much to expect from partisan judges.
This signals something more than just judicial ineptitude. It shows deliberate subversion of our law to support political agendas. It shows that we are at risk of judicial corruption and indeed the capture of the judiciary by private individual for political gains.
This is nothing new. Not long ago, the Supreme Court of Appeal outdid itself by suggesting that a High Court had found that there was a “generally corrupt relationship” between the former President Jacob Zuma and his financial advisor. The trial judge Squires pointed out that this was not the case.
Some in the judiciary have fallen victim to the virulent epidemic that Mcebisi Jonas warned about during his appearance before the Zondo Commission on State Capture.
“The danger, I would still argue, with the process of state capture — can I use the term to ‘over-zumanise’ it? To think that it was about Zuma, that would be the biggest mistake. It is bigger. It is structural. It is systemic. You will miss the point if you do that.”
The above examples simply point to the fact that judicial officers are easily influenced by the public discourse. These judges, as Advocate Paul Ngobeni recently opined, align themselves to a politically driven narrative by allowing “vicissitudes of political controversy, their policy preferences, shaped by an amalgam of factors that include their race, and most importantly, ideology or partisanship to determine court judgments they issue”.
Such judicial officers do a great disservice to the course of justice. Indeed, we have been socialized to believe that Lady Justice is blind. That is true in theory. The reality is different. As with all human pursuits and endeavors, we need to have sober and cautious attitude towards the judiciary. It should also be subjected to ruthless criticism. This is even more so given the impact its pronouncements have on society.
We need to disabuse ourselves of the notion that the judicial process is an exact science. Far from it. The judicial process is presided over by imperfect creatures – human beings. So the notion of having your day in court does not necessarily mean that justice will be served. Sometimes judges, influenced by vicissitudes of political controversy do err. In doing so, those innocent are found guilty and vice versa.
It is precisely for this reason that democracies have adopted certain legal and constitutional precepts that are meant to minimize legal errors of omission and commission. Among these, the most prominent include, presumption of innocence until proven otherwise, justice delayed is justice, the doctrine of clean hands, and that in criminal cases guilt should be pronounced only when reasonable doubts have been expunged.
It would seem that adherence to such precepts are inconveniences when it comes to the likes of Jacob Zuma. Not only has the Office of the Public Protector found that his rights were violated, but no less than three judges, Herbert Msimang, Vuka Tshabalala and Chris Nicholson found the State’s conduct abominable. Msimang went even further to indicate that the case has been limping from one disaster to another.
The fact that the former President has adopted the so-called Stalingrad approach is neither here nor there. Every accused is entitled to take any measures constitutionally available to defend himself. There is nothing illegal about that. This is what one must do when faced with courts that have become embroiled in factional politics. There are too many instances that show that the Zumafication of our politics have also affected and infected our judiciary.
With such a mindset, nothing short of the conviction of Jacob Zuma will satisfy both the judiciary and the prosecution. Even if it means undermining the constitutional precepts which we hold dear. God save us!
An abridged version of this article was published in The Star Newspaper
We take a glimpse into the Apartheid Musuem story to show you what really goes on in the evil dark passages of the evil alters called "courts" by lucifer servants calling themselves "justices and lords".
THE APARTHEID MUSUEM CABAL
This is a 20 year old injustice done to Professor Eskia Mphahlele's brainchild: An Apartheid Musuem whose intentions was to ensure that it allows or opens up a platform and mechanism for Indigenous Afrika People's healing after over three centuries of a combination of slavery,colonialismn and apartheid atrocities,whilst at the same time it would be a constant reminder and warning to generations following never to allow that kind of history to repeat itself ever again.
We may not do justice to this story if we seek to narrate it on the basis of our own assumptions and/or deductions,hence ,the decision to engage a person with intricate knowledge of the Concept from inception,Bra Mike who will now be responsible for documenting all the intrinsic detail of what transpired from his own experience. Following below we give the reader an overview of the key faces ( based on Bra Mike's twitter postings) of the cabal that is and has been responsible for the unjust cruel and criminal dealings behind the raping of the brainchild of Professor Mphahlele,afterwhich Bra Mike will take over the column State Capture Category -Judiciary Capture Sub-Category. For Background and more detail on " The Eskia Institute" and other writings by Bra Mike also open this link ( and scroll down to the last article) https://www.khayanmedia.com/post/indigenous-afrika-heroes-month-a-tribute-to-king-dingane-inkosi-sobukhwe-eskia-mphahlele
FACES AND CRIMINALS
BACKGROUND: As Extracted from a PDF Statement ~~BRA Mike
SAM SOLE: THE RACIST MIND OF A WHITE INVESTIGATIVE JOURNALIST
BACKGROUND AND CONTEXT
The deification of Nelson Mandela, which leads to (the) elevation of the African National
Congress begins before social media provides space for Black voices. It is a time when print, radio, and television is fully controlled by White media owners and the apartheid state.
The lineage of White media owners and the origins of the apartheid state can be traced back to 17th century Europe where the Bible is their greatest influence. Once Europe set sail for Afrika, it was the Bible, that, for them, justified their guns. Their mission, the European said, was to bring civilisation to the indigenous peoples of Afrika, who, before then, had no idea
that, at death, there was a fire of hell, waiting for all who refused to accept the Bible as "the word of God.” It was the Bible that justified the enslavement of Black people who looked nothing like Jesus, their Christ, depicted as he was; blue eyes, blond hair and light skin. It followed then in the mind of the European) that all others must be their property; their slaves. Extreme violence, genocide, dispossession and numerous other atrocities that destroyed Afrikan language, culture, spiritual beliefs, hopes, and dreams, came easily to Europeans as they made Afrika their Christendom; away from home.
The deification of Nelson Mandela paid off in 1994. Long snakelike columns of hopeful Black bodies weaved their way to voting stations nationwide. The ANC secured a landslide 62,65% majority vote.
Nelson Mandela, as planned, became President of the Republic of South Africa. Soon thereafter, the ruling ANC, with Europeans in (the) cabinet, chose a Christian to lead the Truth and Reconciliation Commission. In this setting, they said, the Government of National Unity (GNU) was committed to confronting the evils of the past. Media, Christians, and others came forth (they said) with truth, to atone for the heresy of the past 400 years of violence, racism, genocide, dispossession and numerous other atrocities that destroyed Afrikan language, culture, spiritual beliefs, hopes, and dreams.
NES
INTRODUCING MR SAM SOLE On Tuesday 16 September 1997, Archbishop Desmond Tutu, Chairman of the TRC, received Mr. Sam Sole and Ms. Pat Sidley on behalf of the South African Union of Journalists
(SAUJ). Formed in 1920, the SAUJ had an exclusively White membership. Black journalists, over the years of White rule, found comfort in the Union of Black Journalists (UBJ), Media
Workers Union of South Africa (MWASA) and the Forum for Black Journalists (FBJ). The differences between Black and White Journalists is resolved in 1996 with the formation of the South African National Editors Forum (SANEF)
SANEF: "We strive to promote stories told in a multiplicity of African voices, stories that are well-researched, contextualised, analytical, interpretative in dialogue and with respect for an audience that is complex and diverse."
MR SAM SOLE triggered this personalised essay on Monday 23 December 2019.
@SamSole SA tweeted the following response to Mike Stainbank @Define Racism 1:
"Kwanele Sosibo is one of the most decent people I know. Whatever injustice was done regarding The Apartheid Museum, I think you need to get help.”
Sam Sole's testimonial relates to an article that Mr. Kwanele Sosibo wrote for the Mail and Guardian on 15 August 2015. Sam Sole, once with the Mail and Guardian, went on to head amaBhungane. In a career spanning 33 years, Sam Sole is internationally regarded as a trusted journalist. His contribution to truth, before the TRC, paints a picture of a committed white activist who had overcome the racist, violent and barbaric nature of his forebears. Sam Sole and Pat Sidley “requested the TRC to investigate the apartheid state's subversion of the media, especially the SABC." AND "Sole said there were serious shortcomings within the mainstream English press in its coverage of apartheid, but most of these were more the result of institutional weaknesses rather than matters of personal culpability."
DON MACROBERT: A VIOLENT WHITE RACIST CRIMINAL Whether the article by Kwanele Sosibo is honest, well-researched, contextualised and analytical, is best left with SANEF. In this instance, it is unnecessary to deconstruct Sosibo.
Our (limited) "right of reply" published on 21 August 2015, dismisses Sosibo as irrelevant. What is relevant is that Sosibo, somehow, found Don MacRobert to respond to our allegation: "The South African Judiciary is a cesspool of racist malfeasance."
By way of background; our lawsuit against the owners of the Gold Reef City Casino Licence was allocated Case No: 23679/2002 TPD. The computer signature on the hard copy reveals
that the casino's answering affidavit is prepared by Don MacRobert, who, at the time, is one among 40 Directors at NEDBANK, which owns the law consultancy firm: Edward Nathan
Friedland (Pty) Ltd. The Chairman of ENF is Michael Katz.
For the purposes of this essay, the only relevant averment that Don MacRobert prepared
for the owners of the Gold Reef City Casino Licence, on 01 November 2002, reads thus:
"The business known as Gold Reef City and Casino, which is operated by my company, does not trade or operate as “The Apartheid Museum”. The organisation which operates as "The Apartheid Museum" is a company registered in terms of Section 21 of the Companies Act with registration number 2001/019108/08, by the name of "The South African Apartheid Museum at Freedom Park”, which is not a party to this application. In the premises, a separate application for such expungement has now been launched by the said Section 21 Company under case number 32237/2002, which propose should be heard simultaneously with this application as the same facts are applicable to both applications."
The criminality of Don MacRobert is best demonstrated by examining the effort and processes that Sam Sole and his colleagues followed when they launched amaBhungane. They knew (or were advised) that, under the rigor of constitutional democracy, if they intended to solicit money from anybody, they would need a legally incorporated entity.
They knew (or were advised) that if amaBhungane ever needed to litigate in a court of law, they would only be granted an audience, if they were, in truth and in fact, a legally incorporated entity. Having gone through the proper legal process amaBhungane (at first just a brilliant thought) then passed puberty to become a JURISTIC PERSON with a legal right, to sue or be sued, in a court of law. Hence it is that amaBhungane, for the sake of
transparency, openly declare their incorporation details on their website:
“AmaBhungane Centre for Investigative Journalism NPC is a non-profit company registered with the Companies and Intellectual Property Commission, South Africa, under the number 2009/024323/08. We have PBO (public benefit organisation) status with the South African Revenue Service under the registration number 930049364. This means that subject to conditions, we do not pay tax and donations to us are tax-deductible."
TRANSNATIONAL FRAUD. Above all else, it is the SARS registration number (930049364) that unmasks the criminal scam executed by NEDBANK on 01 November 2002. Don MacRobert could not include a SARS tax number in that Gold Reef City Casino affidavit because they did not have one. Mr. Christopher Till, the curator at www.apartheidmuseum.org website cannot emulate the transparency shown by amaBhungane. Christopher cannot be as honest as Sam. Christopher Till was advised that under the rigor of the Financial Intelligence Centre Act (FICA), not even NEDBANK has the authority to open a Bank Account for the said Section 21 Company.
19 years later; "THE SOUTH AFRICAN APARTHEID MUSEUM AT FREEDOM PARK" remains figment in the imagination of a corrupt and captured judiciary; complicit in continuing transnational fraud against tourists visiting the City of Johannesburg. There is, therefore, no surprise that White Racist Criminal Fraudster, Christopher Till of Gold Reef City Casino, curates nothing other than the deification of Nelson Mandela and the elevation of the ANC,
JOHN HORAK: SELF CONFESSED WHITE RACIST SPY John Horak, like Sam Sole, also appeared before the TRC. Unlike others, Horak admitted that he was a police agent, working as a journalist. He told the TRC that more journalists were working as state informers after apartheid than during the heaviest days of repression. Mr. Horak, a former journalist at the Rand Daily Mail, said journalists who were informers under apartheid were "two-a-penny". Mr Horak said many editors knew of his work, but they did not take any action against him. He singled out former Sunday Times Editor Tertius Myburgh as one who had knowingly co-operated with him in his position as an informer. He said former Sunday Express editor Ken Owen had also allowed police spy Craig Williamson to write a column under an assumed name in his newspaper. SAPA, reports that “Mr. Horak's testimony contained many gaps because TRC regulations prevented him from naming individuals who were still alive and working in the media. Horak's unchallenged testimony,
reveals that this ANC led regime flooded newsrooms with agents and spies. The deification of Nelson Mandela and the elevation of the ANC continues.
BUT SAM SOLE IS CORRECT - I DO NEED HELP I need help in trying to understand why Sam Sole and SANEF would not be concerned about
R2Billion in gate takings from an unsuspecting public and donor funds, stolen over the past 19 years. Sam Sole's admission to the TRC may help us understand how his mind works:
"We were a conservative, largely white, (a) middle-class bunch of people. The impulse of people like that is not to turn the world on its head, so we were constantly in a position of trying to stay moral, ensure that we were moving in a political direction which we could live with, but trying to counter, not just within our members but within ourselves, the impulses for keeping the status quo, which is an innately conservative (racist) impulse. Now if that led to the feeling, which it did, among our black colleagues that we couldn't be counted on for any great deal of support, that's perfectly true. That was our great flaw, it continues to be." The most critical area in which I need help though concerns the South African Judiciary. Sam Sole, on his own version, made a substantial contribution to events that saw our transition to democracy; where discrimination is outlawed, equality is guaranteed and the right to property is a human right, also guaranteed to Black people. I cannot understand why Sam Sole, would choose silence when given hard evidence that criminals have captured, not only the Executive and the Legislature but also the Judiciary. White Racists collapsed the Democratic State. Journalist Sam Sole, at great risk to himself, on his own version, fought against apartheid's racist criminality. Sam's silence makes no sense. I need help.
SUMMARY The sheer scope and scale of our project read with our mission and vision for The Apartheid Museum® seriously disrupted the deification project. Our commitment to educate and mediate the impact of colonial apartheid racism posed a serious threat to those early plans. We had to be crushed, dispossessed and dehumanised. Our broad intent is embedded in this one extract taken from our 48-page full-colour prospectus published in 1998 and distributed throughout South Africa - including all mainstream media houses.
MIKE STAINBANK 1998: “The Apartheid Museum T bears little resemblance to any other museum. It is not academic nor is it dependent on trinkets, trivia, and memorabilia to sustain it. The Apartheid Museum shall act as a catalyst in restoring the psychological health and balance of a people destroyed by apartheid. This need for psychological redress is the primary challenge facing The Apartheid Museum."
SANEF: A DISGRACE TO JOURNALISM
Sanef's existence is a tribute to the willingness of media leaders to unite across political and ideological barriers. The organisation was fundamentally a merging of two previously polarised groups - The Black Editors' Forum, motivated by strong Africanist and black consciousness beliefs, and the Conference of Editors largely made up of white, male, middle-class English and Afrikaans newspaper editors.
In our view, SANEF is a disgrace to journalism. If ever there was a strong Africanist and Black Consciousness ethos to SANEF, we submit that it was subsumed and/or abandoned into the dominant character and racist intent of the SAUJ/Conference of Editors. Alternatively, Black journalists simply surrendered to the White deification project. They remain silent, to this day, even if it means retaining a corrupt and captured judiciary.
Black dissension surfaces twelve years after the launch of SANEF. The political and ideological barriers return when the Forum for Black Journalists (FBJ) excludes White journalists from a special meeting with President Jacob Zuma. Whites go ballistic, they cannot lose control. They take the matter to the South African Human Rights Commission.
SAHRC: "Katy Katopodis alleged that the issue in question is not the right to form an organisation of black journalists but rather the exclusion of white journalists, who are committed to the achievement of equality and are committed to the elimination of discriminatory policies and/or practices of the past notwithstanding his/her race or ethnic or cultural origin, from being admitted as members of such an organisation."
Katy Katapodis of Radio 702 lied to the South African Human Rights Commission; White journalists are NOT committed to the achievement of equality. White journalists are NOT committed to the elimination of discriminatory policies and/or practices of the past"
IN CONCLUSION: THE HISTORY OF WHITE PEOPLE The TRUE story of The Apartheid Museum originates in our 1998 prospectus. We know that Europeans were largely underdeveloped when they arrived. Barbaric and brutal in nature,
they could not conceive of common humanity. Gun and bible in hand, Europe, interrupted the organic development of humanity. “A LESSON FOR HUMANITY” is the slogan I conceived to further explain my registered trademark: THE APARTHEID MUSEUM®.
00
Professor Nell Irvin Painter, a highly regarded historian at Princeton University, wrote the book The History of White People. Nell Irvin Painter tells us that in 1836, a criminal mob of violent White Supremacists attacked Hosea Easton's parishioners and burnt down his church. Nell Irvin Painter says: "What white supremacists praise as the products of energy and enterprise, Easton describes as booty obtained." Pastor Hosea Easton writes:
"Their whole career presents a motley mixture of barbarism and civilization, of fraud and philanthropy, of patriotism and avarice, of religion and bloodshed. Instead of their advanced state in science being attributed to superior development of intellectual faculties, it is solely owing to their innate thirst for blood and plunder"
White media owners and journalists, on our evidence, have never been able to move beyond the barbaric, brutal, violent, thieving nature of their forebears. White journalist Jeremy Gordin, Sunday Independent, 18 November 2001, takes depravity to a whole new level:
"Tycoon Solly Krok finds inspiration for Johannesburg's new Apartheid Museum while visiting a Memorial to the Holocaust in Washington." White journalist Charlotte Bauer, Sunday Times, 02 December 2001, is a liar: “The Apartheid Museum was conceived by business tycoons Solly and Abe Krok, as a carrot to be dangled before the Gauteng Gambling Board in the hope of securing a gambling license for the Gold Reef City Casino”
In the case of the registered trademark The Apartheid Museum®, the engine of fraud is driven by a motley mixture of Jews, Zionists, Christians, and Infidels, among them Violent White Racist Criminals; Abraham Krok, Alec Erwin, Arthur Aaron, Barend Schutte, Christian
Kroese, Christian Neuberger, Christopher Till, Don MacRobert, George Bizos, lan Lindsay, Jacques Booysen, Jarrod Friedman, Kim Feinberg, Martin-Zane Krok, Maxim Krok, Michael Katz, Rob Davies, Sidney Abramowitch, Solomon Krok, Steven Joffe, Trudie Van Straaten.
Edward Nathan Friedland; Edward Nathan Sonnenbergs; Friedland Hart & Partners;
Knowles Husain Lindsay; Werksmans Attorneys; Spoor & Fischer; Old Mutual; NEDBANK.
OATH
1. I, Arnold Michael Stainbank (aka Mike Stainbank) do hereby make oath and state that I am a South African citizen. I was born into the cruel, inhumane, barbaric violence of White colonial apartheid racism.
2. I am a Black person as defined in the lexicon of the Black Consciousness Movement. Black people are those who are, by law or tradition, politically oppressed, economically exploited and socially discriminated against and who identify as a unit in the struggle toward their aspirations to create a free and egalitarian society.
3. I swear that this affidavit, to the best of my knowledge and belief, is true and correct.
I have no doubt whatsoever in my mind that the certainty of tested statutory law,
under a constitutional democracy, is sacrosanct and not even the Constitutional Court has the authority to grant a single order in favour of a NON-EXISTENT PERSON; least of all, an order for imprisonment as in Case No: 37609/2014 JHB GLD
4. The highly regarded intellectual property expert Don MacRobert lectures thus:
ONLINE: "A trademark registration is useful to prevent third parties from registering companies which may have confusingly similar names. More importantly, a trademark gives the registered owner the right to prevent third parties from using confusingly similar trademarks - this is a very strong right, enshrined in a statute, which is an act of parliament." (Sourced: 28/12/2019)
5. In the year 2001, I owned two trademarks The Apartheid Museum® standing with full force and effect on the Trademarks Register:
a. Class 41 Trademark Certificate: 1990/03560
b. Class 35 Trademark Certificate: 1998/13337.
SON
6. Tam responsible for the incorporation and affairs of: The Apartheid Museum (Pty) Ltd. Registration No: 2009/007114/07 The Apartheid Museum Foundation. Registration No:2009/007306/08 The Es’kia Institute Trust-IT 573620 - 028 629 NPO
7. Lazarus Estate vs. Berly (1971] 2 W.L.R. 1149 the Court of Appeal stated:
"No Court will allow a person to keep an advantage which he has obtained by fraud. No judgment of a Court, no order of a Minister, can be allowed to stand if it has been obtained by fraud. Fraud, once it is proved, vitiates judgments, contracts and all transactions whatsoever."
8. Finally, through interaction, advertising and activism over 19 years, I am confident in my view that 99% of journalists and or media houses in South Africa are aware of this violent racist transnational fraud. In a similar vein, 99% of the 400 Members of
Parliament is aware that the judiciary has, for 19 years, corrupted statutory laws enacted by Parliament. Parliament, like Sam Sole, SANEF and others, in our view, remains silent because the dominant voice of the nation is White and racist and in control of cowards who falsely claim to act in the interest of the Black oppressed.
Violon
NOWN
07 JAN 2020
DEPONENT: ARNOLD MICHAEL STAINBANK I certify that the deponent has acknowledged to me that: He knows and understands the contents of this affidavit; He has no objection to taking the prescribed oath; He considers the oath to be binding upon his conscience. The deponent thereafter uttered the words: "I swear that the contents of this affidavit are true, so help me God”. The deponent signed this affidavit in my presence at the address set out hereunder:
on this Ol day of January 2020.
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Rin makamo
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