Economic Freedom Fighter leader Julius Malema leads an increasingly schizophrenic life, applauding the Constitutional Court when it rules against President Zuma over his Nkandla private residence, but trashing the Constitution in the next breath by threatening to remove the government through force if necessary. One of the drafters of the Constitution, George Devenish, looks at the implications.
Rogue sheriffs put on notice that they will be held liable for illegal evictions
All 277 sheriffs around South Africa were put on notice this week that they will be held jointly and severally liable with the banks for unlawful evictions. This follows the sale in execution and eviction of two property owners in Kwazulu-Natal, despite the fact both had cases for rescission of judgment filed with the High Court. Adv Douglas Shaw, who is representing the evicted property owners, warned all sheriffs' offices around the country that evictions and auctioning of properties are unlawful where the property owner has applied to the court for an appeal or rescission of judgment.
SA courts make popular judgments at the expense of the law
Some recent cases have sparked alarm among those concerned with the rule of law in the country. One of them, surprisingly, is the Constitutional Court case ruling over President Zuma's Nkandla residence. The court effectively ruled that a presidential appointee outside the judiciary may make rulings on unproven allegations. In another case, Oscar Pistorius' conviction for unintentional murder has now been turned into outright murder. Something is wrong here, argues Leon Louw.
The economic underworld of bankruptcy for profit - Part 2
In the second part of this series, William Black testifies before the Inquiry into the banking crisis in Ireland. He talks from a US perspective, but explains how to tell when banks are behaving recklessly (when their loan books are growing faster than the economy), how bankers have lobbied politicians to get rid of pesky legislation that inhibits their gambling instincts and how they have managed to avoid going to jail. This is fascinating testimony into the dark heart of modern banking.
The economic underworld of bankruptcy for profit
Professor William Black, an expert on banking and economics from the US, testified in 2015 before the Joint Committee of Inquiry into the Banking Crisis in Ireland. In his testimony, he pointed out that the financial crisis of 2008 and 2009 is certain to repeat because none of of the criminal bankers that bankrupted the country had been sent to jail - unlike the "Savings and Loans" crisis nearly two decades earlier in the US, which resulted in more than 1,000 convictions. One of the indicators that tell us banks are making "liar loans" is the speed at which lending is growing. If Black is right, modern banking will sink us all.
Goldman Sachs $5bn fine is a sham and a disgrace
Goldman Sachs got slapped with a $5bn fine for selling worthless pieces of paper called subprime mortgages. But as this story from Newrepublic.com makes clear, the victims who lost their houses over this fraud will get little of the cash. The lawyers, the Treasury and the Justice department are the main winners. Goldman Sachs will only pay out roughly $2bn, which is a fraction of the money the bank made from securitisation transactions during the financial crisis leading up to 2008.
Nkandla ruling by Concourt has put politicians back in their boxes
The Nkandla ruling by the Constitutional Court may represent a watershed event for South Africans. The court ordered President Jacob Zuma to repay a portion of the taxpayer money used to build his Nkandla private estate. The ruling also demonstrated to politicians that they are not above the law, and this is arguably the main outcome of this case. Eustace Davies of the Free Market Foundation looks at the implications of the case.
Drop in complaints related to EAOs, but Credit Ombud report shows how dodgy lawyers inflate debt
The Credit Ombud reports a drop in complaints related to emolument attachment orders (EAO) after the so-called Stellenbosch case, which is now before the Constitutional Court. But the Credit Ombud's annual report for 2015 also shows how dodgy law firms are creating fictitious debts and some unregistered credit providers are refusing to furnish statements of account when asked to do so by customers.
"Capitalism" is the most abused and misdefined word in English
Leon Louw argues that capitalism is the most abused and misdefined word in use today. Like "left wing" and "right wing". These words have become smears to stiffle debate and authenticate the state's capture of basic liberties.
The fall-out from Zupta scandal is just beginning
The ANC has made a strategic blunder in throwing its support behind their crippled leader, Jacob Zuma, writes Allister Sparks. That will come back to haunt the party. But we are slowly learning how a compromised cabinet, packed with Zuma toadies, were all set to green light the building of several Russian-made nuclear reactors, and how the Guptas and Zumas were going to make a killing. Former finance minister Nhlanhla Nene blocked the deal and was fired. Here's how it went down.
Herman Mashaba - South Africa's Donald Trump?
Herman Mashaba founded the cosmetics group Black Like Me in the teeth of apartheid oppression and has built several successful businesses since then. Last year he announced he was joining the Democratic Alliance and has put his name forward as a mayoral candidate for Johannesburg. He wants to see an end to all race-based legislation, the repeal of Section 32 of the Labour Relations Act that extends collective bargaining agreements to companies that are not party to these agreements, and focus instead on building the small business sector. What would Joburg look like under Mayor Mashaba?
South Africans of all races agree that BEE doesn't work for them
It’s about time the government actually listened to the people it claims to represent. A new survey out by the Institute of Race Relations has some rather depressing news for the elites, such as our billionaire deputy president Cyril Ramaphosa, who is determined to intensify black economic empowerment (BEE), even though the vast majority of South Africans now recognise these policies favour the politically connected rather than the poor.
Zuma's exit plan is unravelling before his eyes
President Zuma could leave office with a salary of R2,8m a year for life, but he was gambling on something much bigger, writes Peter Bruce at Business Day. His plan involved the Gupta family and the successful conclusion of two business deals - the financing of the Russian nuclear reactors and the Guptas' purchase of the Optimum coal operation. Both are now in trouble.
Selective leak of Panama Papers is a perfect blackmail tactic against enemies of the empire
Several South Africans were fingered in the so-called Panama Papers expose which detailed how "the rich and powerful hide their money in off-shore tax shelters". Among them were Zimplats, Fidentia and President Zuma's nephew, Khulubuse Zuma. But as Moonofalabama.org points out, this selective leak is a classic blackmail tactic against enemies of the US empire.
Why the DA's move to impeach Zuma is the right thing
Despite the commentariat's claim that only the ANC can reform itself, the Democratic Alliance is right to ignore them and proceed to bring impeachment proceedings against President Zuma, writes Gareth van Onselen.
Just look who is calling Rupert a racist thief
Johann Rupert is accused of being racist, monopolist and a thief by some interesting people. This comes at a time when the ruling party is trying to change the subject from Nkandla, the Guptas and Zuma. Predictable stuff, but Leon Louw sets the record straight.
California court opens door to wrongful foreclosure suits
A recent decision by a California court opens the door for homeowners who were wrongfully dispossessed of their homes to pursue legal action against banks, even if they were in default, according to the LA Times.
The banks' business model is foreclosing on homeowners
A recent analysis by the Wall Street Journal reveals that precious little of the $110 billion in damages awarded against banks for mortgage fraud and irregularities did not go to the 6m homeowners who lost their properties. Most of it went to the Treasury.
The mental disease called socialism
Socialism proceeds afoot despite more than a century of evidence that it is a catastrophic failure. Those who belong to this church are motivated by selfish interests, ignorance, or immunity from evidence, argues Leon Louw. All the stated objectives of socialism - especially uplifting the poor - are better achieved by free market principles.
E-tolls protest is in a fight to the death
SA National Roads Agency (Sanral) is threatening to issue summonses against motorists who refuse to pay their e-tolls. This probably signals the end of the e-tolls system. Some of the best legal minds in the country are lining up to defend Gauteng motorists against Sanral with the aim of sinking this ill-begotten scheme.
The contribution of whites to the fall of apartheid
The contribution of white South Africans to the fall of apartheid is frequently underplayed, but a recent event hosted by the Free Market Foundation put the record straight.
Downgrade is inevitable
Given the rash of revelations of SA's "capture" by the Guptas, the disastrous hiring and firing in the finance ministry, and the "nothing going on here" attitude of the ANC, a ratings downgrade seems inevitable. The smugness of the ruling party in the face of disaster is reminiscent of the dying years of the National Party.
The fall of Zuma and the Guptas
Revelations that the wealthy Gupta family have been offering ministerial posts to ANC members has shaken the political establishment to its core. It's clear that President Zuma's days are numbered - and with him will go the shadowy influence of the Guptas.
Consumer rights are slipping away
Consumer rights in South Africa are under assault, says a recent paper from the Free Market Foundation. The erosion of these rights is an assault on South Africans' constitutional rights to dignity and information, all neatly packaged as "protection of consumer rights." Take a look at some of the monstrosities served up by government.
Memo to Moodys: Zuma is the cause of our demise
Dear Moodys, before you downgrade SA to junk status, give us a few more months to get rid of the cause of all our troubles - Jacob Zuma. Once that happens, South Africa's resurgence can begin, writes Wayne Duvenage.
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