21 February 2011
Why We Are White Refugees
A South African citizen has filed a submission to Guinness World Records, nominating a Constitutional Court ruling dismissal of her case, against 88 media respondents, as a World Guinness Record “of Judicial Incompetence – i.e. refusal to apply their minds to the evidence before them, to make such an impartial enquiry into such evidence; in accordance with the Rule of Law.”
The Application was submitted to Guinness World Records on 21 February, 2011; Webclaim ID # 343110. The suggested Guinness Record Title: Constitutional Court Application Dismissal
Lara Johnstone, the author of the submission, states that it was not her intention to set the record for a Constitutional Court Application dismissal. She doubts that it is any legal practitioner's intention, to spend days and weeks, if not months researching the law and evidentiary facts, to draft and application to the Supreme Court in their country, in this case the SA Constitutional Court; to have it summarily dismissed without anything remotely resembling an impartial enquiry into its merits; or alternatively because the legal issues addressed in the application were of such an explosive nature, the Justices are petrified of confronting them.
Consequently, she is "applying to Guiness World Records, to record a Guiness Record, which occurred without [her] intentional effort to do so; and to record it, for the sake of posterity."
In the late afternoon of 28 January 2011, I filed a written application to the SA Constitutional Court, for direct access; for a writ of (1) Habeus Mentem; and (2) Certiorari/Review. The respondents were 88 media publications and their editors. The court reference number issued by the Registrar was: CCT 06-11. The Justices were returning from their Christmas vacations on 01 February, and the Registrar suggested I have all my documentation ready for them, before their return.
Generally, an application for direct access, or for approval to proceed as an Amicus or such issues, -- understandably -- takes the Justices a few weeks, sometimes over a month to enquire into. They need to read the application, its affidavit, and consider all the legal arguments, and their stare decisis precedent, etc. Applying one’s mind to reading legal applications and documents is a time consuming process.
In this application, due to the number of respondents, the Founding Affidavit was longer than the usual 50 pages. Additionally the legal issues addressed are rather controversial, and would be considered a serious challenge to legal minded individuals who love making the application of the law relevant to the people in a code of conduct that can be easily understood. As stated in one of the evidentiary documents; the Radical Honesty SA Amicus in Support of a Population Policy Common Sense Interpretation of the Promotion of National Unity and Reconciliation Act, 34 of 1995; which if seriously considered by the Concourt Justices would encourage a legal ecological revolution of consciousness, as radical as that of Martin Luther’s 95 Theses against Indulgences:
“A healthy ecological environment, with due regard for carrying capacity laws of sustainability is a sine qua non for all other constitutional rights; similarly a psychological integrity environment of philosophical courageous truth searching honesty and sincere forgiveness is a sine qua non for healthy, transparent relationships that result in the co-creation of a code of conduct that enables non-violent honest sincere resolutions to disagreements.
Legislators or tribal leaders whose person to person, and tribe to nature tribal code of conduct relationships incorporate these two fundamental sine qua non precepts, can be said to have eliminated the difference between what the laws of human nature, and natural laws say and mean, and applied such knowledge in a clear code of conduct for their tribe to live in accordance to. They are social engineers who search for the truth about human nature and natural laws, and clarify and simply them for application.”
A Legal, Ecological, Psychological and Corporate Revolution of Consciousness
The Radical Honesty SA submission to the Guinness World Records continues:
Yet the legal revolution of consciousness, the application argued in favour of was not only ecological, but additionally psychological, and corporate.
Psychologically, the application for Habeus Mentem is the first of its kind ever in the world; and is founded on the legal principle of Habeus Corpus. Habeus Mentem arguing in favour of the right of individuals to their own mind and thoughts; the right to refuse to be coerced and brainwashed by corporate media, to believe in the politically correct flat earth dogma’s of the majority.
The corporate revolution of consciousness argued in favour of the amendment, if not abolishment of corporate personhood for ecologically destructive corporations; i.e those in violation of mother earth’s ecological carrying capacity laws of sustainability, social traps. An individual or entity’s honourable legal standing, comes not from their corporate charter to rape and destroy the planet, consuming resources as if future generations and other species are irrelevant and worthy of extermination purely for the corporations short term profits; but from an individual or entity’s practice what they preach ecological footprint conduct.
The corporate revolution of consciousness also argued heavily in favour of setting new standards for differentiating scientific journalism from politically biased and yellow journalism; so as to reward the former, for its commitment to educational revolution of consciousness of its readers. The application argued on behalf of expert witness submissions from Wikileaks and/or OpenLeaks ‘scientific journalism’ experts, in support of a clear classification system of ‘media corporations’.
Habeus Mentem Revolution of Consciousness Documentaries
The application included evidentiary information from numerous excellent documentaries, which would be used as evidence, which any of the Justice’s could access – links provided to Youtube – to determine the quality of their evidentiary information related to Johnstone's Concourt arguments.
Among others, documentaries such as:
- The Corporation, based on The Corporation: The Pathological Pursuit of Profit and Power shows the development of the contemporary business corporation, from a legal entity that originated as a government-chartered institution meant to effect specific public functions, to the rise of the modern commercial institution entitled to most of the legal rights of a person.
- The Century of the Self, Adam Curtis, the award winning 2002 documentary from the BBC: how Sigmund Freud's family, exerted a surprising amount of influence on the way corporations and governments throughout the 20th century have used Freuds theories to psychologically engineer and manipulate citizens into the false illusionary belief that the power is finally in their hands, that they live in a ‘democracy’.
- Deception was my Job: Soviet Subversion of the Free World Press: Yuri Alexandrovich Bezmenov (also known as Tomas David Schuman; 1939 – 1997), former journalist for RIA Novosti and a former KGB informant from the Soviet Union, interviewed by Edward G. Griffin
- The Persuaders by Douglass Rushkoff, PBS documentary: explore’s what’s going on in today’s marketers and advertising businesses. What are the new and surprising methods the PR industry is using to decipher who citizens are and what they want and how to manipulate them. How the study of cults was adapted to marketing brands, to manipulate a brand’s consumers into blind consumer obedience, in the same way cults manipulate their cult followers.
- Collapse: How Societies Choose to Fail or Succeed, by Jared Diamond: he “employs the comparative method to understand societal collapses to which environmental problems contribute.” He lists 12 environmental problems facing mankind today. The first eight have historically contributed to the collapse of past societies: (1) Deforestation and habitat destruction; (2) Soil problems (erosion, salinization, and soil fertility losses); (3) Water management problems (4) Overhunting; (5) Overfishing; (6) Effects of introduced species on native species; (7) Overpopulation; (8) Increased per-capita impact of people. The root problem in all but one of Diamond's factors leading to collapse is overpopulation relative to the practicable (as opposed to the ideal theoretical) carrying capacity of the environment.
- Arithmetic, Population and Energy: Sustainability 101: Dr. Al Bartlett’s celebrated one-hour Lecture: the most important documentary you will ever watch.
- Crash Course, by Dr. Chris Martinson: Exponential Population and Economic Growth colliding with Peak Oil and Depleting Resources
- The War You Don’t See, by John Pilgers: media censorship, and media's profit from war.
- ANC: VIP’s of Violence, by Nicholas Partridge
- Psywar – The real battlefield is your mind
- Micheal Tsarions Age of Manipulation and Architects of Control Program which deal extensively with the evidentiary information on the role of media, advertising and public relations as a psychic dictatorship to manipulate the masses by psychological warfare brainwashing techniques to destroy citizens identity’s as patriotic rational citizens, and mould their identities into psychologically insecure, dumbed-down, consumerist mind-enslaved automatonic zombies.
Watching simply a few of the aforementioned documentaries for background evidentiary information to the Radical Honesty argument, would have taken the justice’s at the minimum 14 hours. This is without making any enquiry into the other evidentiary documents in the application, or the legal grounds upon which they were founded.
Nevertheless, the Justices – in their wisdom?? – took less than 8 hours, on their first day back to the Constitutional Court, to deny the application as being ‘not in the interests of justice’.
Truly a world record of Judicial Incompetence – i.e. refusal to apply their minds to the evidence before them, to make such an impartial enquiry into such evidence; in accordance with the Rule of Law -- from the Highest Court in South Africa.
Evidentiary Concourt Documents for Comparison:
Radical Honesty submitted the following applications to the Concourt for Comparison:
Concourt 23-10: Radical Honesty SA Amicus Curiae in Citizen v. Robert McBride, filed on 18 July 2010 (which was only approved for submission on 03 May 2010, after the Justice’s had deliberated for 5 weeks on the original application filed 26 March 2010)
- 26 March 2010: Amicus Curiae Application (PDF)
- 03 May 2010: Court Order Approval & 18 July 2010 Radical Honesty Amicus Heads of Argument (PDF)
Concourt 06-11: Radical Honesty SA v. SANEF & 87 others, filed 28 Jan 2011.
Media Invited to Guinness World Record of SA Concourt Incompetence
The Guinness World of Records requests anyone making a submission for a World Record Listing, to include the names and details of any Media Corporations it has invited to record the accuracy of the World Record Listing Attempt.
The Media invited to this record breaking attempt include the 88 Respondents who are all Media related; NONE of them whom objected to this record of incompetency and corruption from the highest court in the land: (a) three administrators of the SA Press Council; (b) SANEF and its chairman: Mr. Makhanya, (c) 36 SANEF and related media publications and their respective editors, managerial officials; (d) eight Media Professors from Univ. of Rhodes and Wits Journalism faculty departments; (e) Media Monitoring Africa: Mr. William Bird; and finally (f) Projourn Steering Committee.
- Sunday Tribune
- Philani Mgwaba(Sun Tribune Editor)
- Sunday Times/Times Live
- Ray Hartley (Sun Times Editor)
- 3rd Degree
- Debora Patta (3rd Degree Exec. Prod.)
- Tim du Plessis (Beeld Editor)
- Daily Sun
- Themba Khumalo (Daily Sun Editor)
- Die Burger
- Henry Jeffery (Burger Editor)
- Bun Booysen (Burger Editor)
- Patrick Conroy (Head of News)
- Financial Mail
- Barney Mthombothi (Fin. Mail Editor)
- Colleen Naude (Finweek Editor)
- The George Herald
- Mandi Botha (George Herald Editor)
- Independent on Saturday
- Trevor Bruce (Ind. on Sat. Editor)
- 702 Radio
- Pheladi Gwangwa (702 Radio Prod.)
- Lisa Albrecht (Rapport Editor)
- The Saturday Star
- Brendan Seery (Sat. Star Editor)
- Bongani Keswa (Sowetan Editor)
- The Herald
- Jeremy McCabe (Herald Editor)
- Ainsley Moos (Volksblad Editor)
- Rod Amner (Rhodes Journo Lecturer)
- Robert Brand (Rhodes Journo Prof.)
- Guy Berger (Rhodes Journo Prof.)
- Harry Dugmore (Rhodes Journo Prof.)
- Harold Gess (Rhodes Journo Prof.)
- Jane Duncan (Rhodes Journo Prof.)
- Anton Harber (Wits Journo Prof.)
- Franz Kruger (Wits Journo Prof.)
- William Bird, Media Monitoring Africa
- Projourn Steering Committee
Original Concourt Amicus in Citizen v. McBride Censored:
Radical Honesty's original Amicus Curiae, filed in Citizen v. McBride on 18 July 2010; as approved for submission by the Constitutional Court on 03 May; was totally censored by the South African media in all their news articles and reports on the case before the Concourt.
Radical Honesty's application to the Constitutional Court in Radical Honesty SA v. SANEF and 78 others, was reported on by News 24, Mail and Guardian and The New Age, on 01 February (the same day it was dismissed by the Concourt Justices).
On 15 February, the Concourt's dismissal of the Radical Honesty Application was reported on by Sowetan, News 24, IOL, News Time, The Citizen and Mail and Guardian.
Radical Honesty Invited to Comment to SA Media Reports:
Neither Radical Honesty SA, nor Johnstone were approached by any of the publications for comment, in any of the aforementioned articles; most of which were republications of SAPA's article by Jenni O'Grady.
Subsequent to writing her article, O'Grady/SAPA contacted Johnstone for a "brief comment on the decision?". Ms. O'Grady had "already written one piece reporting the decision," and she wanted to know if Johnstone "would like to comment," and if so, she would "do a follow up."
Johnstone asked Ms. O'Grady to clarify what she meant by 'brief'; to which Ms. O'Grady responded "It doesn't matter, It is to let the reader know how you received the news, and if you intend to do anything further."
On Wed 2/16/2011 3:46 PM, Johnstone provided O'Grady/SAPA with her comment:
“The Concourt have decided that exposing the evidence of Media Corruption and censorship of (i) TRC fraud; (ii) the relationship between Ecological Overshoot and Socio-Economic and political events they report upon; and (iii) endorsement of African White Refugees persecution; is not in the interests of justice. I guess Martin Luther is not welcome in the South African Legal, Media and Religious elite’s Poverty Pimping TRC Indulgence Circus! Mentem Non Fornam plus Pollere.”
Mentem, Non Fornum, Plus Pollere, Indulgence Circus; Huh?
According to the Ubuntu Brief of Amicus Curiae Lara Johnstone, Bushido Dischordian Futilitarian, In Support Of: Radical Honesty Common Sense Population Policy Social Contract Interpretations of Promotion of National Unity & Reconciliation Act, 34 of 1995; also known as Radical Honesty SA's Human Consciousness Rule-of-Law Freedom Charter (PDF):
Mentem Non Fornam, Plus Pollere
Andrea Alciato (January 12, 1492 – 1550), commonly known as Alciati (Andreas Alciatus), was an Italian jurist and writer. He is regarded as the founder of the French school of legal humanists. He displayed great literary skill in his exposition of the laws, and was one of the first to interpret the civil law by the history, languages and literature of antiquity, and to substitute original research for the servile interpretations of the glossators. He published many legal works, and is most famous for his Emblemata, a collection of short Latin verse texts and accompanying woodcuts.
His Emblema CLXXXIX states:
Mentem non formam plus pollere.
Intelligence matters, not beauty
The accompanying woodcut displays a fox, entering the store-room of a theatrical producer, where he finds an actor’s mask, skilfully shaped, so finely fashioned that the spirit alone was missing, in all else it seemed alive. Taking it up, the fox addressed it: ‘What a head is this, but it has no brain!’
Lutheran Interests of the Amici Curiae
Martin Luther (10 Nov 1483 – 18 Feb 1546) was a German priest and professor of theology who initiated the Protestant Reformation. Strongly disputing the claim that freedom from God's punishment of sin could be purchased with money, he confronted indulgence salesman Johann Tetzel with his Ninety-Five Theses in 1517. Luther objected to a saying attributed to Johann Tetzel that ‘As soon as the money is received in the church’s coffers, the sinners soul is released from hell.’ Luther disagreed and said that since forgiveness was God's alone to grant, those in the church who sold indulgences promising God’s forgiveness and salvation in return for its purchase were in error. He became convinced that the church was corrupt in its ways and had lost sight of what he saw as several of the central truths of Christianity. Luther also preached that Matthew 16:18 does not confer on popes the exclusive right to interpret scripture, and that therefore neither popes nor church councils were infallible. They could also make mistakes.
His refusal to retract all of his writings at the demand of Pope Leo X in 1520 and the Holy Roman Emperor Charles V at the Diet of Worms in 1521 resulted in his excommunication by the pope and condemnation as an outlaw by the emperor. Luther's followers are called Lutherans.
Luther’s translation of the Bible into the language of the people (instead of Latin) made it more accessible, causing a tremendous impact on the church and on German culture. It fostered the development of a standard version of the German language, added several principles to the art of translation, and influenced the translation into English of the King James Bible.
Concourt, SAPA, SANEF & Press Council Comment on Guinness World Record Submission
The Justices of the Constitutional Court, SANEF Chairman Mr. Makhanya, SAPA Editor Mr. van der Velden, and Press Council Ombudsmen were invited to provide their commentary on the Radical Honesty SA Submission of CCT 06-11 for a World Guinness Record.
They were informed that if they chose to make any comment, their comment would be posted in full; and if received after 15:00 hrs on 21 February, 2011; the page would be updated to reflect their late commentary.
As of 15:30 hrs, no comment has been received from the Concourt, SAPA, SANEF or the Press Council.
Guinness Book of Records Response:
Guinness Book of Records declined to accept the submission. Their reason: They only consider 'record' submissions on issues that people care about; and people don't care about whether their courts are corrupt or not.
Disclosure: Andrea Muhrrteyn is the Why We Are White Refugees nom-de-plume for Lara Johnstone, from Radical Honesty SA
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Radical Honesty SA v. SANEF Press Council, et al Concourt Documents