Zapiro's Blog, page 18

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Legal Reasoning Behind Oscar Pistorius Verdict

The ruling handed down in the Oscar Pistorius case by Judge Thokozile Masipa last week has put the idea of judicial error in the spotlight. The legal community in South Africa are divided on the reasoning that Masipa made on the facts and on the law. It was felt that Judge's ruling shocked legal experts, academics. The consensus among the legal community was that Oscar Pistorius was guilty of murder and that this judgment may create a legal precedent. It is felt that it could open the door to systematic abuse of the legal system by people who shoot their partners and claim self-defence. The prevailing reaction on social and other media was to slam the judgment. The Latin phrase dolus eventualis has now made its way into popular parlance. The concept of "DOLUS", which is required in a murder case has created confusion. Dolus is a very specific kind of intent - it is intention to carry out a certain act, coupled with the knowledge that such an act is wrongful. The judge has essentially has found that, although Oscar may very well have intended to kill the person behind the door (regardless of who he thought it may have been), he believed that he was justified in doing so on the basis that he feared being attacked. Dolus Eventualis refers to where a perpetrator foresees indirect consequences as a possibility. Dolus eventualis has two components “a cognitive component, foresight of the possibility of harm, and a conative (or volitional) component, most often expressed as recklessness whether the harm will result.” In the case of the Oscar Pistorius case, the judge felt that the State failed to prove this “actual reconciliation” beyond a reasonable doubt. Some legal experts note that Pistorius “should have foreseen” that opening fire at the “intruder” would lead to the intruder’s death. This is considered negligence not intention .According to the legal dictionary Intent can occur in three forms: dolus directus, dolus indirectus and dolus eventualis. "Intent in the form of dolus eventualis or legal intention, which is present when the perpetrator objectively foresees the possibility of his act causing death and persists regardless of the consequences, suffices to find someone guilty of murder. "Dolus directus, on the other hand, known as intention in its ordinary grammatical sense, is present when the accused’s aim and object is to bring about the unlawful consequence, even should the chance of its resulting be small." The South African Court of Appeal held that mens rea in the form of dolus eventualis is an elastic concept. It can range from bordering on negligence (culpa) on the one hand to dolus directus on the other. However, the test always remains whether the accused person subjectively foresaw the possibility of the death of the deceased and associated himself therewith.

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The VERDICT in Oscar Pistorius Trial

Some South Africans are genuinely angry about the verdict - convinced the athlete was guilty of pre-meditated murder - while others seem frustrated with negligance clain and therefore guilty of cuplalble homicide. Legal pundits in South Africa - many of whom confidently predicted a murder verdict - are now either bitterly accusing the judge of not understanding the law, or polishing their knives in preparation for any appeal. Judge Thokozile Masipa said prosecutors did not show beyond a reasonable doubt that Pistorius was guilty of premeditated murder. The judge admitted she had doubts about several witness accounts, including those who heard a scream or cry thought to be a woman’s. “None of the witnesses had ever heard the accused cry or scream, let alone when he was anxious,” Masipa said, alluding to a chance it could have been Pistorius’ voice.

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Arrest of Cape Town mayor Helen Zille

Helen Zille, Mayor of Cape Town arrested. Leonard Ramatlakane of the ANC accused Zille of embracing people who have strong links to vigilantism in the Western Cape. Zille's attorney, Frank Raymond, said he was "totally in the dark" on what Zille was charged with. He said he had initially understood she was arrested for knocking on the door of an alleged drug dealer during Sunday's march, but police were now saying it was because she was part of a later gathering outside the Mitchells Plain police station. Cosatu has added its voice to the row that has erupted over the arrest of Cape Town mayor Helen ZIlle, which has seen ANC heavyweights at odds with their provincial officials over the action taken against her. As a defiant Zille made a brief appearance in court on Tuesday, vowing to continue to lead a street battle against suspected drug dealers at a meeting planned for Atlantis this Sunday, regional Cosatu general secretary Tony Ehrenreich "condemned" her arrest as part of the "political battles" between the city and the provincial government.

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Scottish Referendum on Independence

British Prime Minister David Cameron was close to tears as he made a passionate plea to Scotland against voting for independence in the referendum because they want to give the "effing Tories" a kick. Announcing that he would not resign if Scotland becomes independent and would stay on as PM in the event of a Yes vote to "make that independence happen", Cameron said, "If Scotland votes for separation that would have to be respected by the rest of the United Kingdom. And as Prime Minister of the United Kingdom, I would have to make that happen." He then added, "It would be a heartbreaking job to have to do, to break up this family of nations that has been such a success."

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Public Protector Accused of Being a CIA Agent

The South African Deputy Defence Minister,Kebby Mathapsoe has accused Public Protector Thuli Madonsela of being a CIA plant and of undermining the ANC and the government to create a puppet regime for the US. He is the latest high-profile and senior government member to launch an attack on the public protector. He said “We can’t allow people to hijack the ANC. We’ll fight and defend the African National Congress. UThuli umele asitshele ukuthi ubani ihandler yakhe (Thuli must tell us who her handler is).” In a follow up he then  told Parliament that The Star got it wrong when reporting on Monday that he accused Public Protector Thuli Madonsela of being a CIA spy at the unveiling of a tombstone in Soweto at the weekend. But then a few hours later, he apologised and withdrew his comments, in his capacity as chairman of the MK Military Veterans Association (MKMVA). “After consultation with my organisation, the ANC, it would seem as though my statements have been misunderstood and misinterpreted. I therefore withdraw those statements and apologise for any offence and hurt that would have been caused. The ANC has affirmed its support for Thuli Madonsela's office and said comments by Kebby Maphatsoe about her alleged CIA ties were "unfortunate".

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Dalai Lama Refuseda Vis to South Africa

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Joan Rivers (1933-2014) Obituary

Joan Molinsky (June 8, 1933 – September 4, 2014), better known by her stage name Joan Rivers, was an American actress, comedian, writer, producer, and television host. She was best known for her stand-up comedy and red carpet interviews, and for co-hosting the E! celebrity fashion show Fashion Police from 2010 to 2014, as well as starring in the reality series Joan & Melissa: Joan Knows Best? alongside her daughter Melissa Rivers from 2011 to 2014. Rivers first came to prominence in 1965 as a guest on The Tonight Show, a late-night program with interviews and comedy, hosted by Johnny Carson, whom she acknowledged as her mentor. The show established her particular comic style, using self-deprecation and poking fun at celebrities, she would often joke about her extensive use of plastic surgery. When she launched a rival program in 1986, The Late Show with Joan Rivers, Carson never spoke to her again. She was the first woman to host her own late night talk show on network television. She later went on to host a successful daytime show, The Joan Rivers Show from 1989 to 1993, which won her a Daytime Emmy for Outstanding Talk Show Host. Her outspoken commentary on celebrities and politics has often been criticized and stirred controversy. She also authored 12 best-selling memoir and humor books and many comedy albums. She was nominated for a Grammy Award in 1984 for her album What Becomes a Semi-Legend Most? As an actress, Rivers was nominated for the Tony Award for Best Actress in a Play in 1994 for her performance of the title role in Sally Marr...and her escorts. In 2010, a documentary about her life, focusing on her work ethic, premiered titled Joan Rivers: A Piece of Work. She died on September 4, 2014, following serious complications (including cardiac arrest) during a procedure on her vocal cords at a clinic on the Upper East Side of Manhattan, New York.

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UN International Women's Conference - Welcome to China

The Fourth World Conference on Women: Action for Equality, Development and Peace was the name given for a conference convened by the United Nations 4–15 September 1995 in Beijing, China. In a blunt address aimed at her Chinese hosts and at critics at home, First Lady Hillary Rodham Clinton Tuesday sharply criticized China for its violations of human rights and its heavy-handed tactics in holding an international women's conference. Mincing few words, Clinton lambasted China's government for refusing visas to thousands of participants, for using its secret police to harass those who did attend and for the nation's forced abortion programs.

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IEC chair Pansy Tlakula resigns

Pansy Tlakula has handed in her resignation over a botched leasing deal, leaving a vacuum at the top of the Independent Electoral Commission. RANJENI MUNUSAMY of the Daily Maverick reports Pansy Tlakula had an impeccable career and was one of South Africa’s great success stories of women from humble beginnings scaling to great heights. She was not the kind of public figure who had been constantly chased by scandal and poor performance. She was an achiever and aimed for excellence. But Tlakula conducted herself really badly on the Independent Electoral Commission headquarters lease deal, and then undertook a protracted battle to evade responsibility for it. She had to go, and now she has finally stepped down as the commission’s chairperson. It should not have ended this way.

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Instability of Lesotho - Threat of Sanctions

When Moshoeshoe II refused to return to Lesotho under the new rules of the government in which the King was endowed only with ceremonial powers, Moshoeshoe's son was installed as King Letsie III. Multiparty elections were then held in which the BCP ascended to power with a landslide victory. Prime Minister Ntsu Mokhehle headed the new BCP government that had gained every seat in the 65-member National Assembly. In early 1994, political instability increased as first the army, followed by the police and prisons services, engaged in mutinies. In August 1994, King Letsie III, in collaboration with some members of the military, staged a coup, suspended Parliament, and appointed a ruling council. As a result of domestic and international pressures and threats of sanctions,  the constitutionally elected government was restored within a month.

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