Thursday 31 March 2016

ZUMA THE CONTORTIONIST


Zuma the contortionist
[thank you Wikipedia for this image {link}]

But Zuma has survived every scandal and allegation against him because he is able to wriggle out of responsibility for his actions. He will attempt to do so again on the Nkandla matter because of the strategy he employed throughout the saga." [My emphasis]. Sorry guys, there was no space for the shower head. His signal is that he is on his way out of the box.


The Con Court

I think it would be disrespectful to congratulate the Con Court for its judgment. Why do I say that? Because that is what a court of law should do: deliver judgment without fear. In other words, the Con Court complied with its duties and calling as the protector of law and order. If only Zuma and the National Assembly had that integrity!! Wishful thinking.

The same argument would hold water in respect of the Public Protector and the present incumbent Adv Thuli Madonsela. She complied with her high calling to be impartial, objective and in this day and age to be fearless and steadfast. Not so Zuma and cohorts.

MSN news has this to say about Zuma and the Con Court judgment: you can read the full article here:

"But Zuma will not simply surrender. He is still holding an ace card and could drag the ANC down with him. By RANJENI MUNUSAMY.

In light of the binding ruling that both the president and the National Assembly acted unlawfully and in contravention of their constitutional obligations, can they retain their legitimacy? Can they be trusted to perform their functions for the remainder of their term? While the Constitutional Court affirmed the remedial action determined by the Public Protector for the sins of the Nkandla upgrades, there is no remedy prescribed for Zuma and the National Assembly being in breach of the Constitution and the law.

Zuma has caused so much reputational damage to the ANC, has failed in his leadership responsibilities and has brought the organisation into disrepute on so many issues that the Constitutional Court judgement should not even be needed as a basis to remove him from office.

But Zuma has survived every scandal and allegation against him because he is able to wriggle out of responsibility for his actions. He will attempt to do so again on the Nkandla matter because of the strategy he employed throughout the saga." [My emphasis].

I refer you to my previous blog write-up about two judges

ZUMA YOU MUST GO NOW - BE A MAN OF HONOUR AND RESIGN


ZUMA dealt a blow by the
Constitutional Court!!!

Constitutional Court in session

Zuma must go now - he failed to uphold the Constitution. The National Assembly protected this man and failed therefor to uphold the Constitution.

What a disgrace is the man - not the Presidency. What a disgrace is the National Assembly in all its shameful glory.

You can read the full judgment of the CC by clicking here.

The Con Court delivered a unanimous decision and said inter alia:
 
"Consistent with this constitutional injunction, an order will thus be made that the President’s failure to comply with the remedial action taken against him by the Public Protector is inconsistent with his obligations to uphold, defend and respect the Constitution as the supreme law of the Republic; to comply with the remedial action taken by the Public Protector; and the duty to assist and protect the office of the Public Protector to ensure its independence, impartiality, dignity and effectiveness.

Similarly, the failure by the National Assembly to hold the President accountable by ensuring that he complies with the remedial action taken against him, is inconsistent with its obligations to scrutinise and oversee executive action and to maintain oversight of the exercise of executive powers by the President.  And in particular, to give urgent attention to or intervene by facilitating his compliance with the remedial action."

It is very clear that the President is a failure as well as the National Assembly. Vavi called for Zuma to go and he called that the National Assembly should also go. You can read it here.

Madonsela is, according to the Court, the Biblical David that slayed the Nkandla giant - you can read it here.

Does any body really think that this man will go?

You can also see a youtube video when this matter was argued in the Con Court by clicking here.

Friday 25 March 2016

POWER OF ATTORNEY with an example



FROM MY LEGAL LIBRARY


POWER OF ATTORNEY

What is a power of attorney? [pa] In short it is when you give someone else the authority to do something on your behalf.

EXAMPLE ONE: You can give someone the authority to do one specific thing for instance: to buy on your behalf a specific motor vehicle for a specific price and not more. Once your agent bought that specific motor vehicle at that specific price, the power of attorney lapses or comes to an automatic end.

EXAMPLE TWO: You give someone the power of attorney to attend to your affairs for exactly 12 months – and at the anniversary it comes to an end.

EXAMPLE THREE: You give someone the power of attorney to act on your behalf for an unlimited period of time.

In all three examples you may terminate it without giving any reasons to the other.

HOW DO YOU EXECUTE A POWER OF ATTORNEY? It is a legal document that you write out and sign it. The other person does not have to accept it. If the other does not accept it, he/she can do so explicitly or tacitly [that is he/she is simply not acting in terms of the power of attorney].

The court will always go behind the power of attorney to discover the true nature of the transaction.

I give you herewith an example of a simple general power of attorney. You are however strongly advised to seek professional help for your specific needs.



 [THIS IS AN EXAMPLE OF A SIMPLE GENERAL POWER OF ATTORNEY.

I STRONGLY ADVISE YOU TO SEEK PROFESSIONAL

ASSISTANCE FOR YOUR SPECIFIC NEEDS]

GENERAL POWER OF ATTORNEY

KNOW ALL MEN WHOM IT MAY CONCERN THAT

 I, the undersigned

[FILL IN FULL NAMES & SURNAME]

IDENTITY NUMBER: [FILL IN THE NUMBER]

ADRESS [FILL IN THE EXACT PHYSICAL ADDRESS]



Do hereby nominate, constitute and appoint [FILL IN FULL NAMES & SURNAME] [IDENTITY NUMBER [FILL IN THE NUMBER]] of ADRESS [FILL IN THE EXACT PHYSICAL ADDRESS] with power of substitution to be my lawful agent in my name, place and stead, to represent me and to exercise all my powers aforesaid as fully and effectually as I might or could do if personally present and acting in person without in any way detracting from the powers aforesaid and I hereby authorise my agent:

 1.       To collect monies, give and grant receipts, quittances and discharges, and to compound any claims in the said estate.
2.       To prosecute, defend, abandon, compromise or take on appeal any legal proceedings brought by or against the estate.
3.       To open and operate a banking account in my name at [Fill name of the Bank] Bank on my behalf and to sign or endorse any negotiable instruments for and on behalf of the estate.
4.       To invest and deal with any investments belonging to the estate and to consent to the cancellation or release of any securities.
5.       To sell movable and immovable property, shares, stocks and securities belonging to the estate and for such price and upon such terms as my agent in his sole discretion deem fit and to give transfer thereof to any purchaser or purchasers.
6.       To sign any estate accounts and all documents that may be necessary or required in connection with or arising out of the administration of the estate.
7.       To transfer from the estate movable to any person or persons entitled thereto by reason of purchase, bequest, legacy or otherwise howsoever and to sign all or any documents required to give effect to such transfer.

And generally for effecting the purposes aforesaid, to do or cause to be done whatsoever shall be requisite, as fully and effectually, for all intents and purposes, as I might or could do if personally present and acting herein, hereby ratifying, allowing and confirming and promising and agreeing to ratify, allow and confirm all and whatsoever my agent shall lawfully do or cause to be done, by virtue of these presents.

DATED AT                 ON THIS     DAY OF 2016

_________________________________________             ________

[FILL IN YOUR FULL NAMES & SURNAME]             WITNESS

IDENTITY NUMBER: [FILL IN THE NUMBER]


Wednesday 23 March 2016

STATE CAPTURE: SOUTH AFRICA

This a concept that is floating around in our beautiful country as if it is an everyday point of discussion. This concept is brandied about as if every Tom, Dick and Harry knows the full import thereof.  


Wikipedia gives it this definition:

State capture is a type of systemic political corruption in which private interests significantly influence a state's decision-making processes to their own advantage through unobvious channels, that may not be illegal. The influence may be through a range of state institutions, including the legislature, executive, ministries and the judiciary. It is thus similar to regulatory capture but differs through the wider variety of bodies through which it may be exercised and because, unlike regulatory capture, the influence is never overt.”

[Source: click here]

On 10 March 2016 the DAILY MAVERICK asked the question under this heading: “State capture: Did the Guptas offer Treasury's top job to Deputy Minister Jonas?” [Source: click here ]

It is if the Daily Maverick pre-empted the happenings, not so?

In light of Wikipedia’s quotation, it is necessary to take notice of what happened in my country during the previous weeks or so; especially when you consider wat the Deputy Minister of Finance Mr Mcebisi Jonas said on 16 March 2016. He states categorically that the Gupta-family offered him the portfolio in the Cabinet as Minister of Finance. [Source: for the full text of his statement click here]

I wonder what Mr David Douglas Van Rooyen would disclose one day? [Do you remember him? He was the man who held on to his Ministerial appointment for exactly five days [Source: click here]

And of course the Gupta-family denies it and challenged him to proof it [Source: click here]

The very same day a former senior ANC politician Me Vytjie Mentor disclosed in THE SOUTH AFRICAN.COM that the Gupta’s offered her a job in the Cabinet as well [Source: click here for the full text of her “bomb” This time the honourable President Zuma tried another trick. He pleaded amnesia – he cannot remember ever meeting her.

Vytjie’s response was hugely interesting: “I chaired the ANC national parliamentary caucus when President Zuma was a Deputy President. He sat next to me and spoke through me and with me in Caucus each Thursday when Parliament was in session.” This was only one incident that she mentions. She mentions others as well.

What does our President Jacob Zuma do? Resign? Of course not! What does the ANC high command do? Recall him like they recalled President Thabo Mbeki? Of course not. That is why the image below reminds me of Zuma: he laughs all the way to Nkandla and the Bank.

Zuma laughing!

I suggest to you that in any other country where there are inter alia ethical standards, integrity, quality leadership, morality and decency the President would have resigned without any one calling for his resignation. Not our beloved President – he stays put and laughs.

Even the busiest entrepreneur can manage to read like Bill Gates or Warren Buffett.

1. Buy books in advance.

When trying to form a new habit, it pays to remove any obstacle that could get in the way of you keeping to your new routine, no matter how trivial. So those looking to start taking their vitamins might move the bottle to eye level, or new runners might invest in better sneakers. For would-be readers, this principle dictates you don't wait to finish one book to buy another. You should always have books lying around and easy to grab.
"If you have more books in your house, you'll have more choices, and this will help you read more," insists Foroux. "Here's why: Most of the books you read are not planned in advance. You don't sit down in January and say: 'The first week of June I'll read this book.' You finish a book, look you at your inventory, and decide what to read next... Having an inventory of books keeps up the momentum. You also never have an excuse not to read."

2. Always be reading.

It's as simple as ABC -- always be reading. Nope, you're not miraculously going to find unfilled hours to devour that novel. Instead, you need to make a conscious choice to use the odds and ends of your days to reach your reading target.
"Find a way to read around your schedule and your life situation," says Foroux, who suggests you could read on the train, while waiting at the doctor's office, while breastfeeding your baby (I can personally testify you can get through quite a lot of books this way), or during breaks at work. It might sound like simple advice but Foroux's math is compelling. "Most people read 50 pages an hour. If you read 10 hours a week, you'll read 26,000 pages a year. Let's say the average book you read is 250 pages: In this scenario, you'll read 104 books in a year," he calculates.

3. Read what you like.

Want to read a lot? Then don't force yourself to read books you're not interested in at that particular moment. This isn't Literature 101, with a set syllabus. Anything you pick up and enjoy will offer you some value.
"Not all books are for everyone. A book might be a bestseller, but maybe you can't stand the writing. Or maybe it's not the right time to read a book," observes Foroux. "If you can't flip through the pages, put the book away and pick up something you are so excited about that you tear up the pages." Life is too short (and the supply of potential titles too plentiful) to make yourself read boring books.
Looking for ideas to stock those shelves (or e-reader)? Here are suggestions from author Tim Ferriss, startup CEOs, and TED speakers.
How many books did you read last year? How many will you get through this year?

SOURCE: click here


ZUMA IS A DISHOUNABLE MAN ACCORDING TO MAIMANE

Jacob Zuma in the real world.


I will write something later about this man called Jacob Zuma and who is the present incumbent of the Presidency of the Republic of South Africa.

These were very harsh words meted out to our Honourable President Jacob Zuma while he sat in Parliament by parliamentary leader of the DA on Tuesday 17 February 2015. Maimane respects the office of the president but he told Zuma in his face that he [Zuma] is not an honourable man. Can any one remember this happening in our Parliament ever? I would be pleased to hear about such an incident.

 It is shocking but worth every moment. I urge you to listen to this carefully constructed speech by a very brave man.

SOURCE: click here