Bench press


Bench press

No need for an Arab Spring in South Africa before we address poverty and inequality: the Constitution empowers our courts to defuse such situations by making justice accessible to all, says leading judge Dunstan Mlambo. Judges are urged to become activists.

Like to see more ?


Subscribe to our on-line edition !

For a mere R305.00 per year you get the convenience of our online version including:
  • Twelve monthly issues of Noseweek delivered to your browser
  • A searchable archive
  • Access to every back issue since 1993 !
  • A downloadable PDF version

If it’s just the article you are after, you can purchase it by clicking here.

Tempted ?


For a taste of what awaits you, you are welcome to browse this free issue.

Share this article:

Reader's comments

Like to add your own comment ? Please click here to subscribe - OR -
 
Submitted by : Myron Robinson of East London on 2012-10-02 12:04:02
Well Tony some hard hitting points that Judge Davis may or may not choose to answer. I have always considered Davis to be fair & have a good understanding of the Law. Be that as it may he is sufficiently erudite to respond to your comments should he so choose.
My comments are focused on Govt. (Read ANC's ) reluctance to take any responsibility for either corruption and more specifically the drastic situation in which our Education system finds itself. At a Dispatch Dialogue held in East London on the19th September 2012 in which Barry Gilder (Former Co-Ordinator of intelligence prior to Retirement) appeared he refused to answer my question on Education commenting that he was not answering DA questions evaded other audience questions and generally displayed total arrogance towards all questions asked saying that these needed to be resolved at Govt. Legotla’s. As the Dialogue was taped I am more than happy for Gilder to get copies of the tapes should he dispute what I am saying.
It is also quite clear that relating to corruption the ANC has no will to fight corruption having appointed an ANC lackey as NPA. If committed Govt. could have re-instated Pikoli as NPA (he was a panellist with Gilder) and if he was not acceptable could have chosen from a plethora of suitable candidates (Pius Langa, Dikgang Moseneke, Edwin Cameron etc). That a senior ANC member is so glib about Corruption & Education lends more credence to the fact the Judiciary are going to have to take a hard stance on Govt. incompetence & corruption. Next time the court finds a Minister in contempt the Judge must order the Police to deliver the Minister to Court & if necessary imprison the Minister as it would any other citizen. As the JSC is busy loading the Courts with ANC lackeys (a la NATS in 1956) the current Judiciary must stand up & be counted before it is too late.
 
Submitted by : Tony Beamish of PARISOT on 2012-09-27 13:26:35
The mere mention of Dennis Davis in an article about 'activist' Judges shows that you still have the ability to make tongue in cheek comments with an absolutely straight face.

In an April 2000 judgment (Mort N.O. v Henry Shields Chiat Attorneys) the curator of an injured young road accident victim sought an accounting from the attorneys regarding monies paid to the law firm by the Road Accident Fund. Judge Davis wasn’t interested and relied on the fact that the youngster’s father had signed a ‘mandate’ regarding the fees.

One would have thought that the Judge would have known – from Noseweek’s 1999 Hoosain Mohamed case and story - that social security monies paid to road accident victims is often frittered away by attorneys' 'fees' and he should have been ‘activist’ enough to protect those of humble social origin from possible abuse by people in authority, in this case, attorneys.

In February 2012 you wrote about "The Judge and the Stripper", (http://www.noseweek.co.za/article/2671/The-judge-and-the-stripper) in which you detailed the Judge’s conduct in recent matter. The nuts and bolts of it was the Judge failed to realise the obvious; that the case before him potentially related to human trafficking.

Davis is not an activist and the closest he can claim to be an activist is that he was in a previous life a very trendy lefty.

Of course it was activist Judge Siraj Desai who a few months later ‘scooped’ Judge Davis by adopting a more human approach in a judgment concerning the strip club, Mavericks. In that judgment he observed. "Though there have been several cases involving Mavericks and I assume that others have had sight of the contracts into which the dancers are obliged to enter, it appears that it has been blandly accepted that these are exotic dancers whatever that may mean. The conditions under which the foreign dancers are procured, housed and expected to work makes them susceptible to exploitation. They are in a vulnerable situation and the fact that the person in control of them demands or, at least, expects large sums of money on a weekly basis places him in possible contravention of Article 3 para(a) of the PROTOCOL TO PREVENT SUPPRESS AND PUNISH TRAFFICKING IN PERSONS."

The 'others' to whom Judge Desai refered obviously includes Judge Dennis Davis.

Disclaimer

While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the authors nor the publishers of this website bear any responsibility for the consequences of any actions based on the information contained therein.