The Reitz 4 TRC Fraud Prostitution Circus [III] Ubuntu Kangaroo Court Justice – Evidence is Irrelevant

Ubuntufied Legal Lynching in Rainbow Hypocrisy SA

The Reitz 4 TRC Fraud Prostitution Circus

28 February 2011
Andrea Muhrrteyn
Why We Are White Refugees

“...freedom of expression is an essential process for advancing knowledge and discovering truth. An individual who seeks knowledge and truth must hear all sides of the question, consider all alternatives, test his judgment by exposing it to opposition, and make full use of different minds. Discussion must be kept open no matter how certainly true an accepted opinion may seem to be; many of the most widely acknowledged truths have turned out to be erroneous. Conversely, the same principles applies no matter how false or pernicious the new opinion appears to be; for the unaccepted opinion may be true or partially true and, even if wholly false, its presentation and open discussion compel a re-thinking and re-testing of the accepted opinion. The reasons which make open discussion essential for an intelligent individual judgment likewise make it imperative for rational social judgment.”
T Emerson, The System of Freedom of Expression at 6-7 (1970)

“In determining whether or not the [crimen injuria] act complained of is wrongful the Court applies the criterion of reasonableness “the algemene redelikheidsmaatstaf”. This is an objective test. It requires the conduct complained of to be tested against the prevailing norms of society. (i.e. the current values and thinking of the community) in order to determine whether such conduct can be classified as wrongful. To address the words to another which might wound his self-esteem but which are not, objectively determined, insulting (and therefore wrongful) cannot give rise to an action for injuria.” -- Maithufi v Minister of Safety & Security of the Rep. of South Africa (20382/05) [2007] ZAGPHC 163

This series shall consist of:

1. Introduction: Politicians, Editors & Lawyers: Kangaroo Court Actors
   

2. Media Timeline of Events - Ignoring Anti-Lynching Voices
   

3. Ubuntu Kangaroo Court Justice – Evidence is Irrelevant
   

4. The Reasonable Initiation Legal Fraud – Who cares about the Evidence?
   

5. The Cultural Satire Legal Fraud – The Multiculti Boiling Frog
   

6. The Reconciliation Religious Fraud – Censoring TRC Fraud

A lynching is the practice of killing people by extrajudicial mob action, where a mob is generally considered to be more than five persons. The mob generally act under the pretext of service to justice, their race or tradition. They use lynching and other terror tactics to intimidate a particular racial, religious or cultural group into political, social or economic submission. A legal lynching has other names such as Stalin's Political Show trials, or Kangaroo Court Justice, etc.

The term show trial is a pejorative description of a type of highly public trial. The term was first recorded in the 1930s. There is a strong connotation that the judicial authorities have already determined the guilt of the defendant and that the actual trial has as its only goal to present the accusation and the verdict to the public as an impressive example and as a warning. Show trials exhibit scant regard for the principles of jurisprudence and even for the letter of the law. Defendants have little real opportunity to justify themselves.

Ubuntu Kangaroo Court Justice – Evidence is Irrelevant

Ubuntu Kangaroo Court Justice: Africanized Political Correctness

City of Westminster Mag. Crt: Case No: 1004020346: RSA v. Shrien Dewani: Radical Honesty SA Amicus Curiae: Founding Affidavit

Excerpt


D. ARGUMENT: DESCARTIAN FREE AND FAIR TRIALS DO NOT EXIST IN ‘RAINBOW HYPOCRISY SA’

[I] Ubuntu Legal Heuristic Application of ‘Free & Fair Trial’, not same as Descartian EU

“A man is but the product of his thoughts what he thinks, he becomes.”
-- Mohandas Gandhi

27. Few westerners realize that the African concept of Ubuntu is founded on existential identity foundations which are totally opposite to European Descartian existential identity foundations. In the Descartian “I Think, Therefore I am” westernized existential paradigm an individual’s sense of identity is a result of his ‘thinking’, his cognitive conscious awareness to recognize his cognitive biases, and to educate himself to overcome them, so as to improve his critical thinking faculties, his conscience. The socio-cultural consequences of such a paradigm produced western civilisation’s critical thinking giants, whose ‘critical thinking faculties’ drove them to take the road less travelled. Individuals such as Galileo Galilei, Martin Luther, Albert Einstein, Francois Marie Arouet (Voltaire), Socrates, Mark Twain, Leonardo Da Vinci, Friederich Nietzche, Aristotle, Soren Kierkegaard, etc. etc. etc. All were courageous enough to discard appeal to conventional ‘earth is flat’ metaphorical ideological, political or religious authority, by the courage to doubt. The essence of their identities and discoveries, being a result of their own critical thinking faculties; their "Cogito, ergo sum," or "I think, therefore I am," worldview.

28. In the Ubuntu “I participate, therefore I am” African existential paradigm the individual’s identity is not a result of his own critical thinking faculties and powers. The Ubuntu African’ sense of identity is a result of his willingness to conform to peer pressure, to be accepted to participate in the tribe. The Ubuntu African is not encouraged to increase his personal meta-cognitive critical thinking conscience to improve the quality of his character, to ‘know himself’, and hence his knowledge of right and wrong, in accordance with his principles and values. The Ubuntu African’s sense of identity and self-esteem is a result of his community’s acceptance of his willingness to conform to their demands and their values.

29. Themba Sono refers to the result of this Ubuntu African paradigm as the “constrictive nature” or “tyrannical custom” of a derailed African culture, especially its “totalitarian communalism”. The Ubuntu African’s existential psychology is focused on belief, not reason. Rationality is overwhelmed by emotional identity to belong, and to conform, in order to improve the individual’s sense of self-worth.

30. For example: In Ubuntu and the Challenges of Multiculturalism in post-apartheid South Africa, themes also repeated in Ubuntu an African Assessment of the Religious Other, Dirk Louw, of Dept of Philosophy, University of the North writes:

[..] According to traditional African thought, “becoming a person through other persons” involves going through various community prescribed stages and being involved in certain ceremonies and initiation rituals. Before being incorporated into the body of persons through this route, one is regarded merely as an “it”, i.e. not yet a person. Not all human beings are therefore persons. Personhood is acquired.

[..] Ubuntu and consensus

A second important overlap between Ubuntu and a decolonising assessment of the other pertains to the extremely important role which agreement or consensus plays within this assessment. Without a common scale, i.e. without an agreement or consensus on criteria, the beliefs and practices of the other simply cannot be judged without violating them. Ubuntu underscores the importance of agreement or consensus. [..] However, the desire to agree, which - within the context of Ubuntu - is supposed to safeguard the rights and opinions of individuals and minorities, is often exploited to enforce group solidarity. Because of its extreme emphasis on community, Ubuntu democracy might be abused to legitimize what Themba Sono calls the "constrictive nature" or "tyrannical custom" of a derailed African culture, especially its "totalitarian communalism" which "...frowns upon elevating one beyond the community" (1994:xiii, xv). The role of the group in African consciousness, says Sono, could be

“... overwhelming, totalistic, even totalitarian. Group psychology, though parochially and narrowly based..., nonetheless pretends universality. This mentality, this psychology is stronger on belief than on reason; on sameness than on difference. Discursive rationality is overwhelmed by emotional identity, by the obsession to identify with and by the longing to conform to. To agree is more important than to disagree; conformity is cherished more than innovation. Tradition is venerated, continuity revered, change feared and difference shunned. Heresies [i.e. the innovative creations of intellectual African individuals, or refusal to participate in communalism] are not tolerated in such communities (1994:7; cf. also Louw, 1995).”

31. A simplistic, yet accurate religious metaphor to compare the difference between the former and the latter; would be that the former built their ego-identity-house on a solid rock (“An unexamined life is not worth living” – Socrates; ‘Know thyself” – Solon); whereas the latter’s ego-identity-house would be built on quicksand (“If I don't know I don't know, I think I know. If I don't know I know I know, I think I don't know.” R. D. Laing’s description of schizophrenia). Clearly the former would greatly enhance an individuals psychological security; while the latter would feed the individuals psychological insecurity.

32. Another fundamental difference between the Descartian Individualist vs the African Ubuntu worldview is their approach to the concept of personal responsibility.

33. The Descartian considers the capability of taking personal responsibility to be one of the key foundations for achieving psychological, political and financial freedom. A Descartian’s freedom is a result of their conscious capability to freely choose to be personally responsible for their thoughts, beliefs, actions and choices; the consequence of which is the freedom of higher consciousness, understanding, wisdom, spiritual security. Consequently the Descartian greatly appreciates constructive feedback, knowing constructive feedback enables them to take responsibility for their blinds spots, improving their capability to enhance their practice to be in greater alignment with their preaching.

34. Conversely the Ubuntuist considers the absence of personal responsibility to be the key foundation for achieving psychological, political and financial freedom. An Ubuntuis’ freedom is a result of their capability to avoid being held responsible, for their thoughts, actions, beliefs and choices; the consequence of which is total freedom from any and all responsibility to anyone, including themselves. Consequently the Ubuntuist demands sychophancy and Ubuntufication conformity; for they reinforce the Ubuntuist false illusion in his fake sense of security; whereas constructive criticism is experienced as a direct attack on their insecure fragile ego-identity.

35. Consequently when the Descartian is confronted with any problem, the solution lies in taking responsibility for psychologically, ideologically, politically and/or spiritually confronting the root causes of the problem; and having the courage, discipline and will to apply the required healing measures.

36. When the Ubuntuist is confronted with any problem, the solution lies in avoiding any and all psychological, ideological, political and/or spiritual responsibility for the problem; and finding an external agent to blame for the problem; which only increases his sense of powerlessness to fix the problem, he has decided is beyond his control; and consequently aggravates his psychological insecurity.

37. In AIDS, Witchcraft, and the Problem of Power in Post-Apartheid South Africa, Adam Ashforth examines the dynamics of socio-economic and psycho-spiritual insecurity in the everyday life of Soweto residents. He proposes that African occult violence be understood as a form of psycho-spiritual insecurity. Among others he concludes: “In communities where a witchcraft paradigm informs understandings about other peoples’ motives and capacities, life must be lived in terms of a presumption of malice.”

38. Psychologically, heuristics are simple, efficient rules, which are hard-coded by evolutionary and cultural learned processes, which explain how people make decisions, come to judgement, solve problems. Heuristic rules can work well; or lead to systematic errors or cognitive biases. It is not rocket science to observe how the Descartian Individualist Pro-Responsibility worldview, psychologically enabled and strengthened the problem solving skills of the Descartian geniuses; whereas the Ubuntuist conformist Anti-Responsibility worldview, is easily observed in:

1. Badly performing schools blame witchcraft
   ES Malele and Ben Matlhosa were amongst the poorest performing schools in 2010. They blame witchcraft. Their principals claimed to the MEC the reason for their under-performance was "witchcraft", department spokesman Joseph Mabuza said. "The principals said that the learners did not trust each other, and they believed that there are learners within the schools who are bewitching them.
   
   
2. 'Witchcraft' made me do it, says judge
   A senior military judge who doused herself with petrol and then set herself alight has told medical staff she believed "witchcraft" was behind her actions. Colonel Yvonne Nomoyi, the military's first black senior judge, is understood to have expressed bewilderment at why she had set herself alight in the garage of her home on June 26, saying she had no idea what had prompted her behaviour. Neither did she know who would want to bewitch her into committing the suicidal act.
   
   
3. Military judge escapes prosecution: SANDF official still at work despite suicide attempt
   A Senior military judge has escaped prosecution for attempting suicide because some of the SA National Defence Force’s top brass allegedly believed her claim that she had been bewitched. The defence force’s first black female judge, Colonel Phildah Nomoyi, 41, doused herself with petrol and set herself alight in her garage in June.
   
   
4. Witchcraft and Statecraft: Liberal Democracy in Africa, by Nelson Tebbe
   [..] Prominent politicians and intellectuals are moving away from a philosophy of non-racialism understood as governmental blindness toward differences of culture.3 They are demanding African solutions to what they see as uniquely African problems.4 Witchcraft tops the list of those unique problems. In colonial times, witchcraft was thought to be “the outstanding problem of the lawgiver in Africa.”5 Today it remains central to statecraft. Fear of the occult6 has not faded with apartheid but, surprisingly to many, has only intensified during the transition to democracy.7
   
   [..] A large majority of the citizenry believes in witchcraft. Belief in the occult is widespread. Africans comprise some seventy-five or eighty percent of the population of South Africa,53 and among them fear of the occult is commonplace. This is true even among people who also observe Christianity.54 The Ralushai Commission reported that “belief in witchcraft is as prevalent as ever” and it “form[s] part of a basic cultural, traditional, and customary principle of Africans in South Africa and Africa as a whole.”55 That report has been criticized for faulty scholarship,56 but here its conclusion is not particularly controversial. Witchcraft beliefs are not limited to a particular economic class, to rural areas, to non-professionals, or to older generations, but instead are widely (although perhaps not evenly) held across contemporary Africa.57 Recognition of these beliefs therefore may well impact the legitimacy of democratic experiments in southern Africa.

39. Notably, individuals actively practicing psychological heuristic problem solving rules as Descartian individualists would experience each successive heuristic problem solving practice, to have improved their critical thinking capabilities, which would have involved a greater willingness to accept responsibility for prior errors and hence an improvement in their sense of self-worth and psychological security. Conversely individuals practicing psychological heuristic problem solving rules as Ubuntuist conformists would find that each successive problem solving practice of avoiding taking responsibility, exacerbate their addiction to sycophancy conformist agreement (to shut down any little voices of the conscience) hence escalating their psychological, ideological and spiritual insecurity.

40. Simplistically a Descartian Individualist heuristic prosecution and court would focus on finding the evidentiary truth, in the matter, no matter how politically or ideologically incorrect or offensive to the ‘earth is flat’ masses; it encourages individual responsibility, accountability and root cause problem solving. Conversely an Ubuntuist Conformist heuristic prosecution and court focuses on enforcing the designated politically correct truth, encouraging the absence of responsibility and freedom from accountability to generate the necessary ‘evidence’ to manufacture the politically correct designated ‘ubuntuist truth’.

» » » » [Excerpt: RSA v. Dewani: Amicus Application]




Boer Volkstaat 10/31/16 Theses:

Boer Volkstaat; or Jus Sanguinis EU Citizenship for African White Refugees

Excerpt


[2] Western Descartian Individualist “I Think, Therefore I am” vs. African Ubuntu Conformist “I participate, therefore I am”

“One of the High Laws of the Bantu is the law of revenge...The result of this law is that there are blood-feuds going on all over Africa which show no sign of dying out. Some of these have been going on for generations. The Zulus have been feuding with the Basutus (Sothos), and also with the Shanganes of Portuguese East Africa (Mozambique), for more than a century. The feud between the Baluba and some of its neighbouring tribes has been going on for nearly six hundred years, while the feud between the Masai and the Wakambi in Kenya has now entered its tenth century.”.
-- Credo Mutwa My People (1969), Page 244

“Although males of all ages can rape, jackroll is committed by people who are still fairly young. Secondly, it is almost always committed in the open, and the rapists do not make attempts to conceal their identity. As a matter of fact, it seems part of the exercise is to be exposed so as to earn respect. Most incidents of jackroll are committed in public places like shebeens, picnic spots, schools, nightclubs and in the streets. [..] A peculiar characteristic of jackroll is that it is seen as a sport of the tough gangsters. There is in fact a common township saying that: "Jackroll is not a crime, it is just a game". As one commentator points out: "It has become a male fashion, that is, a popular form of male behaviour indulged in by even young school boys … . The tough and "manly" Jackrollers become their role models." [..] The tsotsi subculture, through its value system, style and ritual, aggressively denied hegemonic consensus. The tsotsi values, such as a brazen rejection of law and the glorification of violence, criminality and hedonism were defined in direct antagonism to the consensus value system. [..] A group of activists were abducted and mutilated by the gang, the victims being forced to eat their own ears. [..] Perhaps the most significant indicators are the criminals who masquerade as political activists and who are termed "comtsotsis". There is, not surprisingly, evidence of this sort of occurrence, since political turmoil often provides the space for criminals to operate conveniently under the cover of political dislocation. Indeed, some of the excesses of the activists have been dubbed as criminal elements themselves. [..] These gangs of the mid-80s rode in on the back of political organisations. It was precisely the insurrectionary phrase "people's war" and "ungovernability", rooted in the thrust towards building organs of "people's power" and coupled with intensified repression, that provided the material conditions conducive to both gang formation per se, and the increasing socially sanctioned use of violence which came to define the activities of gangs.”
" -- The Era of the Jackrollers: Contextualising the rise of youth gangs in Soweto, by Steve Mokwena, former CEO of the Youth Commission, 30 October 1991, CSVR

Briefly the Descartian “I Think, Therefore I Am’ identity occurs as a result of cognitive individual reasoning, within the individuals mind, based upon evidentiary information available to it. The ‘I am’ identity is a result of the ‘I Think’ conclusion. Where such conclusion is completely at odds with the individual’s cultural community, the challenge to them, is ‘think’, about the evidentiary information provided to them. This socio-scientific cultural worldview perspective has enabled its members to be challenged by super thinkers, such as Galileo Galilei, Martin Luther, Voltaire, etc.

The African Ubuntu “I participate, therefore I am’ identity however occurs, not as a result of individual cognitive reasoning, but as a result of conformist consent from the community. The individual’s perception of their identity, their sense of being and belonging, is not a result of their own faculties, but is totally reliant upon his community’s goodwill towards him. In order for his identity to continue to exist, he is totally dependent upon the fickle emotional and political opinions of the community. The pressure to conform and to be subserviently obedient, to avoid being considered as non-existent can be huge.

In a multi-cultural society with individuals practicing both worldviews, the former will undoubtedly experience the extreme’s of the latter as conformist and totalitarian collectivist; while the Ubuntunarian would experience the extremist Descartian as extremely divisive, for his insistence to adhere to evidentiary truth, irrespective of community beliefs.

What should Descartian citizens expect from a multi-cultural Constitution that incorporates the Ubuntu concept as a Key Constitutional principle, but refuses to provide a clear definition for the Constitutional meaning of Ubuntu?

In Ubuntu and the Challenges of Multiculturalism in post-apartheid South Africa, themes also repeated in Ubuntu an African Assessment of the Religious Other, Dirk Louw, of Dept of Philosophy, University of the North writes:

Umuntu ngumuntu ngabantu. Motho ke motho ka batho. These are, respectively, the Zulu and Sotho versions of a traditional African aphorism, often translated as: "a person is a person through other persons" (Ramose, 1999:49f; Shutte, 1993:46). [..]

Ubuntu and religion

[..] For the Westerner, the maxim "A person is a person through other persons" has no obvious religious connotations. S/he will probably interpret it as nothing but a general appeal to treat others with respect and decency. However, in African tradition this maxim has a deeply religious meaning. The person one is to become "through other persons" is, ultimately, an ancestor. And, by the same token, these "other persons" include ancestors. Ancestors are extended family. Dying is an ultimate homecoming. Not only the living must therefore share with and care for each other, but the living and the dead depend on each other (Van Niekerk, 1994:2; Ndaba, 1994:13-14).

[..] In fact, even the faintest attempt at an “original” or indigenous understanding of Ubuntu can hardly overlook the strong religious or quasi-religious connotations of this concept. According to traditional African thought, “becoming a person through other persons” involves going through various community prescribed stages and being involved in certain ceremonies and initiation rituals. Before being incorporated into the body of persons through this route, one is regarded merely as an “it”, i.e. not yet a person. Not all human beings are therefore persons. Personhood is acquired. Moreover, initiation does not only incorporate one into personhood within the community of the living, but also establishes a link between the initiated and the community of the living-dead or ancestors (Ramose, 1999:81, 88). Through circumcision and clitoridectomy blood is spilled onto the soil, a sacrifice is made which binds the initiated person to the

land and consequently to the departed members of his [or her – DJL] society. It says that the individual is alive and that he or she now wishes to be tied to the community and people, among whom he or she has been born as a child. This circumcision blood is like making a covenant, or a solemn agreement, between the individual and his [her] people. Until the individual has gone through the operation, he [she] is still an outsider. Once he [she] has shed his [her] blood, he [she] joins the stream of his [her] people, he [she] becomes truly one with them (Mbiti, 1975, in Ramose, 1999:88; cf. also Kimmerle, 1995:42).

[..] Ubuntu and consensus

A second important overlap between Ubuntu and a decolonising assessment of the other pertains to the extremely important role which agreement or consensus plays within this assessment. Without a common scale, i.e. without an agreement or consensus on criteria, the beliefs and practices of the other simply cannot be judged without violating them. Ubuntu underscores the importance of agreement or consensus. [..] However, the desire to agree, which - within the context of Ubuntu - is supposed to safeguard the rights and opinions of individuals and minorities, is often exploited to enforce group solidarity. Because of its extreme emphasis on community, Ubuntu democracy might be abused to legitimize what Themba Sono calls the "constrictive nature" or "tyrannical custom" of a derailed African culture, especially its "totalitarian communalism" which "...frowns upon elevating one beyond the community" (1994:xiii, xv). The role of the group in African consciousness, says Sono, could be

...overwhelming, totalistic, even totalitarian. Group psychology, though parochially and narrowly based..., nonetheless pretends universality. This mentality, this psychology is stronger on belief than on reason; on sameness than on difference. Discursive rationality is overwhelmed by emotional identity, by the obsession to identify with and by the longing to conform to. To agree is more important than to disagree; conformity is cherished more than innovation. Tradition is venerated, continuity revered, change feared and difference shunned. Heresies [i.e. the innovative creations of intellectual African individuals, or refusal to participate in communalism] are not tolerated in such communities (1994:7; cf. also Louw, 1995).

» » » » [Excerpt: Boer Volkstaat 10/31/16 Theses]

Ubuntu Kangaroo Court Justice – Evidence is Irrelevant

When you work for an Ubuntufied Judicial System, as a Policeman, Prosecutor, Magistrate or Judge; your job depends on your obedience to apply the applicable Africanized Political Correct Ubuntu Jurisprudence to the investigation, prosecution or adjudication of any legal matter before you. If you want to be one of the legal jackrolling boys; you got to participate in legal jackrolling! You only 'exist' in this Ubuntu Judicial system, because you have been allowed to ‘participate.’

In an Ubuntufied Judicial System, legal jackrolling is not a crime, it is just a game; a public demonstration of gang/mobjustice hegemony.

[Next: The Reasonable Initiation Legal Fraud – Who cares about the Evidence?]