Dr. Thabang Kgwete, LLD
@Thabang_Kgwete
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Attorney | Conveyancer | Auditor | Corporate Governance & Strategist | Risk & Compliance | Politics | Constitutionalist | Scholar | LLB | LLM | Doctor of Laws.
🇿🇦 Republic of South Africa
Joined September 2015
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Small wins as we move to the next challenge. It is a Doctor of Law [LLD], ladies and gentlemen. Proud moment for me and people of mine.
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I have read the Zondo Commission Report, the Part 1 report. And I have read the entire thing, like page by page, every paragraph and word for word, over a good number of days. Some of the takeaways:
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International Court of Justice's Judge ad hoc Moseneke. All Rise!!!!!🙌
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Employees in Government Departments are extremely rude, generally. And they lack any sense of shame.
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And
@Lesufi
's province bagged 6 out of 10 best performing districts. We have not made a mistake with this man.
#MatricResults2019
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A while ago, someone came into my DM, to warm me that the way I openly criticise some senior colleagues, I might be limiting my career prospects. I said "rubbish!".
The reason, among many others, this country is on its knees is people being scared to openly disagree. Speak Out!
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The nominations and elections of Mandla Msibi and Zandile Gumede into the ANC regional structures tells you all you need to know about the current generation of ANC members.
#ANCeThekwini
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You have to respect the ANC for its respect for constitutional democracy and electoral processes. I hope that the rest of Africa takes notes.
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Dear Gauteng Voters.
You have to vote
@MYANC
to continue reaping the rewards of the selfless and undivided services of this undisputed best MEC in the Republic.
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SAns should defend this President, not because he's sinless but because his attackers are horribly sinful and their concerted attacks on him are intended to hide their own past & present criminality. The President has the will to restore this country on a path to promised glory.
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I did not sign the contract, Chair. I signed the terms and conditions.
#StateCaptureReport
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The biggest threat for this country and all South Africans is this war between the ANC and the ANC. This country has suffered all manner of wars before, but this ANC vs ANC war could prove to be the most costly war this country has ever seen. Let the denialists deny.
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President Ramaphosa is a sober President.
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The attacks on this woman are totally unacceptable. She is a judge. And if we accept that judges are or ought to be independent, then we must also accept and expect that they must judge independently.
She has dissented and that is allowed. Her dissenting voice does not make her
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If we all accept that we are a constitutional state founded on the rule of law, then we must also accept that an attack on police or other law enforcement is an attack on the Constitution and its supremacy.
Our legal order in general and our criminal justice system in particular
[BREAKING NEWS] KwaZulu-Natal police have shot and killed 9 suspects during a shootout at Desai in Mariannhill in the early hours of this morning.
@_NMabaso
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Damn! Zondo DCJ 🙆🏽♂️. The man has taken one for all of us. I wish him well.
#JSCinterviews
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The most strange thing about the attempt to scrap the STEP ASIDE rule is the contention that it is used as a political weapon to deal with opposing voices. Well, then stop thieving so that no step aside rule formed again you shall prosper.
#ANCPolicyConference
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I do not think that, we, South Africans, are xenophobic. We are just passionate about and love our country jealously.
Many South Africans have let many foreign nationals in our homes and lives, and continue to do so. South Africans are too loving, sometimes to our own detriment.
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Not sure why an 81 years old is still considered to have a "political future".
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Wouldn't South Africans appreciate it more if Minister Sisulu wrote a bit more and as passionate about how corruption, looting and theft committed by some of her dear comrades have frustrated some of the developmental and transformational aims and aspirations of the Constitution?
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The story of Dr. John Hlophe, as the National Assembly designate to the Judicial Service Commission tells you just about everything you need to know about what holds South Africa back.
Sure, we are a country based on the rule of law. But is it a case of the rule of law being
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On a light note, the Zondo Commission Report says that 'Mr Zuma fled the Commission completely without any valid reason'🤣🤣. It also notes the mutual antipathy between Moyane and Gordhan but failed to recommend a boxing ring blow by blow session. Missed opportunity 🤣🤣🤣
END!!
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I really do not believe that former President Jacob Zuma has been getting bad legal advice. All these lawyers? Different levels of seniority? One after the other? All wrong advice?
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One day we should have a discussion about being a practicing lawyer and a 'practicing politician' at the same time, with particularly focus on the emotional breakdown and failure to differentiate between being a lawyer and being a politician at a particular point in time.
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I just received my second jab. I am therefore fully accredited to be Bill Gates' tokoloshe manje.
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Even the wearing of that yellow prison uniform & spending of just one day & night behind bars would have been enough for me. This isn't so much about punishing a 79 year old pensioner. It is about reaffirmation of the rule of law in SA. This is landmark & seminal.
#ZumaVsZondo
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Pres Ramaphosa must be criticised. It's our duty, as citizens, to scrutinise what he has or hasn't done. But the man is a politician & has done what politicians do to navigate rough waters. He has weaknesses (perhaps many), but he has saved this country beyond things imaginable.
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The likes of Brain Molefe and Matshela Koko are really overrated. How does an executive of a massive group like Transnet or Eskom send an email to some obscure email address or approve things that they do not understand? If this was a joke, the country would be laughing. But no!
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A very uncomfortable truth is that those gathering in
#Nkandla
will return to their kids, aged parents and grandparents. Some will be with you guys at work tomorrow or some time during the week.
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South Africa has no shortage of unethical professionals. All these state capture and corporate governance catastrophes have happened and continue to happen under the guidance and advisory of multiplicity of professionals, e.g., accountants, lawyers, auditors, etc.
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If the ANC national conference delegates are still not convinced that
@RonaldLamola
is good enough to be the ANC deputy president, nothing will ever convince them.
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The High Court wanting its PG vs PP judgment to specifically be brought to the attention of the Legal Practice Council is yet another indication that the judges are gatvol with Adv Mkhwebane's political game and undermining of our courts.
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South Africa is facing a huge professional ethical dilemma. Many professionals just do not really value the importance of ethical integrity.
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Now, this reads like it was written by a Cabinet Minister (of Justice). Factual and properly researched.
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I am not in favour of any particular party-partnership government arrangement, but think the EFF and MKP are going to start realising that they might have overstated their importance. It is now getting really interesting.
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Zondo deserves the CJ position. He's served SA exceedingly well. Especially when he accepted to chair a commission to investigate "his people". He took one for us all. If I were him, I'd at this point notify Prez of withdrawal of my CJ candidacy, serve remaining period & retire.
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The report recommends the establishment of a Public Procurement Anti-Corruption Authority or Agency of South Africa, with an adequate measure of independence and protection from political and other interferences.
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Someone once said that South Africans do not really hate corruption (or criminality in general). They just hate the fact that they aren't the ones perpetrating it. I think that this statement requires a deep reflection.
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The report confirms that there, indeed, was a State Capture. However, it would seem that, though the Guptas were the Messi’s and Ronaldo’s of State Capture, it was not them or about them ONLY.
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I may not agree with some of
@AdvDali_Mpofu
questioning, but the behaviour of the witness is appalling. For those who are cheerful of this witness' behaviour, it would be interesting to see them on cloud nine when Zuma does the same or even worse.
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Facilitators such as Myeni, Kwinana, Molefe, Moyane, Matjila, etc., benefited and the careers of Resisters such as
@MasekoThembaJ
,
@JvanLogg
, etc. were ended prematurely.
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Critically, the Zondo Commission Report notes that it is not appropriate that any government department be tasked to lead the fight against corruption in public procurement.
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I normally do not share my private life openly, unless I'm asked to do so, but this is just too big & emotional for me to pretend it never happened. My other half is graduating with an LLB this June, in absentia. I have mixed feelings. Extremely happy that "we" have finally made.
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Nicely written and balanced piece of political rubbish, as expected. 🤣🤣🤣🤣
EFF Statement In Defence Of Adv. Mpofu Shut Up Comment
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To the question why Zondo Commission legal team was dominated by whites, Zondo said blacks left. In the context of revelation that judges refused to chair the Commission, could it be that unwillingnes to do right for fear of career limitation is a thing among black professionals?
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Legal practitioners owe it to their clients, to provide them with correct legal advice or opinion even if it is unfavorable.
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The Zondo Commission Report finds that there is a 'pattern of executive interference and political overreach at the SOEs.' E.g, Ministers, and even the former President Zuma, were regularly involved in operational matters.
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I have my own extreme and unpopular views about the ANC being in government involving any of the top parties, i.e., DA, MKP and EFF.
But whatever happens, the isolation of the MKP would be good for the future of this course.
Anticonstitutionalist sentiments must not be given a
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There clearly are some recalcitrant Ministers in that Cabinet. However, the President must remain calm. He must not accelerate on the curve. There shall be time. Strength to you President
@CyrilRamaphosa
.
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In this regard, the report notes that ‘State capture aggressively attacked a system which was already weakened by long standing co-morbidities.’
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And the Justice Minister weighs in.
'Both Cde Lindiwe’s first and second articles do not cite a single judgment by our democratic courts in which oppressive or unjust laws in general or oppressive laws based on race and sexism are enforced.' Min. Lamola
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The
#jacobzuma
rescission application is dismissed. But "oksalayo" the President was jailed without trial & this is unconstitutional. We'll continue to celebrate the minority judgment(s) because it is correct. Futhi, the majority judges are captured. Unseal
#CR17BankStatements
🤣
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When they start throwing ma2000ish words and phrases like "Rest", "heal", "Oksalayo", "it's not that deep" at you, then you must know that there is nothing left in their toolbox, to sustain their weak argument.
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When giving public addresses in his official capacity, CJ Mogoeng isn't only serving himself & his religion. He is serving a State called S. Africa. He is every S. African's Chief Justice. His utterance aren't any different from PP's "only He (God) can remove me". Unacceptable.
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Former President JG Zuma chooses jail, instead of appearing at
@StateCaptureCom
and answering non-incriminating questions. It makes sense, does it not? I mean, why would any "innocent" person so desperately avoid answering questions if they are innocent & have nothing to hide?
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So, you're a Premier of the Province. You attend a funeral of a Senior National Minister, who passed on from
#COVID19
related complications. You do not wear a mask, consistently throughout the funeral service. Then you tell the nation that you weren't aware.
#MpumalangaPremier
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For one to label the ANC as "ANC of Ramaphosa", one must first believe that there was an ANC of Jacob Zuma. Seems the octogenarian really thought that the ANC was his. 🤔
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It further points out that Boards of directors and accounting officers and accounting authorities are not suitable for monitoring as they may lack independent objectivity, especially where they themselves are subject of investigation.
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The appointment of Justice Khampepe as the Acting Chief Justice effective May 1, 2021, is the greatest news.
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An application for a rescission of a refusal to hear a rescission application. I mean, are we really such a joke, as a country?
Mkhwebane applies to ConCourt to rescind its order refusing to rescind its judgment via
@TimesLIVE
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The President saying that the ongoing sporadic acts of violence are based on ethical mobilisation and tribalism makes me uncomfortable. He dropped the ball there, in my opinion. I think Dr Blade Nzimande was more accurate: this is about internal party political factional.
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Are there no chairs and water jugs there by the Pan African Parliament?
#PanAfricanParliament
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The friendship between Minister Gordon & Judge Pillay or any other judge isn't the problem. The problem is when the Minister approaches the CJ or any other member of JSC & ask how their friend is doing or had done in the judge interview process. Does little for public confidence.
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So, at what point are we really going to openly accept that the
#PhalaPhalaFarmGate
is not as huge as it is made out to be? Yes, the President must account. And he will account. But is the matter that huge? No! Is it serious? Absolutely!
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A rule is challenged for constitutionality.
He wants his own suspension declared unconstitutional (prayer 2.2). But he also wants his suspension of another to stand until challenged (prayer 2.3). Both suspensions are based on the same rule.
I'm going for my third cup of coffee.
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With respect to operational matters, particularly in the area of public procurement, the Commission found that there were some lacuna in our public procurement legislative framework.
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The report highlights the difference between oversight and monitoring, with the former existing at macro level and latter at micro level. And that monitoring is lacking.
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I'm going to say this: If it wasn't for the likes
@RediTlhabi
& other very strong women & men, that casanova would have done to all of us what he did to that poor child of his comrade, while his daughter gleefully stood at the door & opened for us, one after the other. Sies! Nxa!
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And why would any criminal suspect think that they have the powers to order the police and prosecutors on how they must discharge their duties?
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Mass resignation? Good! ANC membership and activism is voluntary. Those who think that they cannot be bound by democratic centralism are free to disassociate.
Ace Magashule’s allies threaten to resign en masse as ‘step aside’ rule divides ANC NEC
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The apparent coordinated attacks, physical or otherwise, on State institutions, namely Parliament, Office of the Chief Justice, Constitutional Court, SANDF base, police stations, etc., may be an indication that South Africa is going to be worse than it is, before it gets better.
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Imagine the entire media overhype of an event and the only thing to really write home about is Vuyani Pambo exposing the average height of South African men. Hayi maan 🤣🤣🤣
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Ms Zille says Mr Zuma is a great human, who was only let down by his lack of understanding of constitutionalism, bcoz it was foreign to him? But, not only did he accept to be Pres but also swore to uphold & defend this "western thing" he didn't understand?
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South Africa is a very toxic environment in just about every respect.
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Julius Malema is simply performative here. There is a Magistrates Commission and I have no doubt that he knows about it.
Julius Malema blasts the East London regional court magistrate for being late in court as proceedings on day three of the trial have not started. The proceedings were supposed to start after 11am due to loadshedding. Malema and his bodyguard are standing trial. 🎥 Ziyanda Zweni
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Which Authority or Agency must have a Council, Inspectorate, Litigation Unit, Tribunal and Court and and presumably investigation capacity and subject only to Constitution and Law. The Court may serve as an appeal forum for the Tribunal.
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That constitutional delinquent says our constitutional democratic arrangement was a mistake. But he had been part of it, presided over it, for years, yet here we are, blah blah blah. OR Tambo warned us, Chris Hani warned us, Mandela warned us, even Mbeki warned us.
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But why are the other journalists giggling when Mr Zuma answers some questions rudely and making fun of others journalists?
#Zuma
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Not everyone's favorite but he told President Ramaphosa: sorry, I do not want to bring a tainted name into your Cabinet.
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Thank you MEC
@Lesufi
. South Africans must not allow separatist, supremacist and racist minorities to dictate the future of children of African majorities.
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Zondo ACJ will not sit in the Zuma rescission application and that's for sure. However, if the outcome is negative, the aggrieved Platos, Socrates and Aritotles will tell you that he (Zondo ACJ) influenced or instructed "his subordinates" to rule in his favour.
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The idea is that every Procurement Officer & every person (natural or juristic) contracting to supply goods or services by way of public procurement in the public service will be required to sign a commitment to observe & uphold the terms of the National Charter & Code of Conduct
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The KZN-ANC Provincial Chairperson Sihle Zikalala was short of piercing through that RET pseudonym and addressing the masked gang behind it by its real name - a criminal network.
#ANCEThekwini
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The Zondo Commission Report further recommends the establishment of the National Charter against Corruption (appears to be a national anti-corruption agreement), which should be given legal status and effect by an Act of Parliament.
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As an example and without expressing a view on the independence of the Hawks, the report points to the removal of General Dramat and the appointment of one General Ntlemeza (remember him?) and suggests that there may have been an 'ulterior agenda'.
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This lady on
@eNCA
continues to mislead the public unprovoked. Says, because the Zuma rescission application will be heard on the 12th, the legal duty to hand himself over or be arrested falls away. Wow! Just wow!!!!!!!
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I think this witness has already forgotten that she said she did not want to testify. She has caught top speed and is in great form now. She is scoring some great goals I tell you.
#StateCaptureInquiry
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Aowa banna! Why would the Premier attempt to halt a process that affords him an opportunity to have his name cleared?
[BREAKING NEWS] Eastern Cape Premier,
#OscarMabuyane
has asked the High Court to interdict the Hawks from investigating him.
Tune into Newzroom Afrika, DSTV channel 405 for more details.
#Newzroom405
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Not sure about greater purpose but the report also recommends a statutory Procurement Officers' Profession to regulate Procurement Officers. This would be similar to the regulated professions like the Accounting, Medical and Legal professions, etc. Moving to era of certified PO?
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Well, that is a valid legal step, though hopeless. However, it is interesting that Mr Zuma now wants the ConCourt to hear him out when he rudely rejected the invite from the same court for him to be heard by it.
JUST IN:
Fmr President Jacob Zuma is expected to file an urgent application for the recission of the Constitutional Court ruling that he be imprisoned for 15 months for contempt.
Zuma’s legal team will seek to stay his arrest/committal in the Pietermaritzburg High Court.
@News24
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@RediTlhabi
Apparently, there were blueticking people, until they realised that actually...
But it was too late.
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@KaizerChiefs
This is good for both the club and the player. Players shouldn't stay at clubs for purposes of legendary status, while their growth, both in contribution to the club and their earnings, has not improved.
Pule needed a new club. Chiefs needed new blood. Good luck to both. ✌✌
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In an effort to encourage self-correction, the report also recommends the introduction of the Deferred Prosecution Agreements (to deal with the corruption of private entities such as Regiments, Nedbank, Bain & Co., Standard Bank, McKinsey, EOH, etc).
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In 1994, the country was reincarnated. And it chose a democracy with constitutional supremacy. Human rights became the cornerstone of this order.
Today, some (or possibly, many) South Africans seem prepared to accept the rule of law only in circumstances where it favours them🤷♂️
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In the end, Commissioner
@Julius_S_Malema
and the candidate, Zondo DCJ, shake hands. Fair game, gentlemen. Fair game.
#JSCinterviews
#ChiefJusticeInterviews
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