Nelson Mandela warned about the weakening of the judiciary. He was right.
When nelson mandela opened South Africa’s Constitutional Court in 1995, he said it would determine “the future of our democracy”.
The first president of the democratic era argued that the court was as important to the new constitution as the parliament and presidency.
Judges should be “creative and independent” in ensuring that, in contrast to apartheid, no person was above the law, regardless of their race, power or wealth.
The constitutional court
By and large, the judges have done their job. The Constitutional Court has defended citizens failed by a callous state, for instance by ordering the government of Thabo Mbeki to provide anti retroviral drugs to people with him.
It has challenged abuses of power by Jacob Zuma, whose presidency in 2009-18 was defined by widespread looting.
Last year the highest court sent Mr Zuma to prison after he disobeyed an order to appear at an official inquiry into corruption during his tenure.
Yet the courts are facing grave threats. Populist politicians who loathe the rule of law want to see pliant judges appointed who will bend to their will.
Those who believe in the constitutional principles set out by Mandela, including the president, Cyril Ramaphosa, are not doing enough to safeguard his legacy.
The mix of relentless attack and pusillanimous defence bodes ill for South African democracy.
Critics accuse judges of overstepping their boundaries and usurping legislation. It is true that the judicial branch has become involved in politically rancorous disputes. But this reflects the failure of the other branches of government to do their jobs.
African National Congress
The more politicians from the ruling African National Congress (anc) have abused their privileges, and the more abject their failure to improve the lot of ordinary South Africans, the more ngos and opposition parties ask the courts to hold them to account. As Dikgang Moseneke, a retired justice, puts it, “Judges don’t look for cases; rather cases look for judges.”
What is more, the courts’ critics do not really care about the separation of powers. For anc politicians such as Lindiwe Sisulu, who recently blamed “house negroes” on court benches for South Africa’s ills, attacks are a shameless effort to pass the blame.
Ms Sisulu has spent more than two decades as a consistently ineffective minister. In other cases cynical self-interest is masquerading as legal criticism. Many spewing vitriol, including Mr Zuma, who has compared judges to apartheid-era rulers, are either facing criminal charges or fear they soon might.
The Chief Justice
The courts have been weakened from within as well as without. The chief justice helps manage the court system in addition to making rulings.
But under Mogoeng Mogoeng, who retired last year, the bench was rarely at its full complement. Cases piled up.
The Judicial Services Commission (jsc), a body made up of lawyers and political appointees that advises on court picks, has become a political pantomime dominated by the Economic Freedom Fighters (eff), a hard-left party.
The jsc has rejected strong white candidates for jobs at the highest court. Candidates of all races are increasingly at risk of personal attacks.
Mr Ramaphosa needs to get a grip. He must choose a chief justice who unmistakably adheres to the principles of the constitution.
The president could further boost public confidence in the broader criminal-justice system if he sacked the hopeless police chief and police minister, overhauled the dilapidated lower courts and gave prosecutors the resources to go after graft.
South Africa is in a fragile state. The failings of the post-apartheid era are leading ever more of its citizens to question the virtues of democracy.
Populists like Julius Malema of the eff and Herman Mashaba of Action sa are attracting converts. The simplistic remedies they peddle are alluring.
A poll last year suggested that two-thirds of the country would forgo elections if an authoritarian leader could curb crime and hardship.
It is therefore vital to protect the Constitutional Court as the last line of defence for democracy.
At its inauguration, Mandela warned the country “to stand on guard not only against direct assault on the principles of the constitution, but against insidious corrosion”.
Both now menace the courts. South Africa must heed his words before it is too late.
The supreme leader of North Korea Kim Jong Un
Kim Jong-un born 8 January 1983, is a North Korean politician. He has been Supreme Leader of North Korea since 2011. Also the leader of the Workers’ Party of Korea (WPK) since 2012.
He is a son of Kim Jong-il, who was North Korea’s second supreme leader from 1994 to 2011, and Ko Yong-hui.
He is a grandson of Kim Il-sung who was the founder and first supreme leader of North Korea. From its establishment in 1948 until his death in 1994.
First Leader of North Korea
Kim II Sung is the first leader of North Korea to have been born in the country after its founding in 1948.
Kim Jong Un was viewed a successor to the leadership of North Korea from late 2010. Following his father’s death in December 2011, state television announced Kim as the “Great Successor”.
Kim holds the titles of General Secretary of the Workers’ Party of Korea and Chairman of the Central Military Commission. He is the President of the State Affairs Commission.
Presidium of the Politburo
And also, a member of the Presidium of the Politburo of the Workers’ Party of Korea. The highest decision-making body.
Kim received a promotion to the highest rank of Marshal in the Korean People’s Army in July 2010. Consolidating his position as Supreme Commander of the Armed Forces.
North Korean state media often refer to him as “Marshal Kim Jong-un” or “Dear Respected Leader”.
Policy of Byungjin
He has promoted the policy of byungjin. Similar to Kim Il-sung’s policy from the 1960s, referring to the simultaneous development of both the economy and the country’s nuclear weapons program.
Kim rules North Korea as a totalitarian dictatorship. And his leadership has followed the same cult of personality as his grandfather and father.
A landmark United Nations Human Rights Council report, suggested that Kim be put on trial for crimes against humanity in 2014.
Execution of North Korean Officials
He has ordered the purge or execution of several North Korean officials. He is believed to have assasinated his half-brother, Kim Jong-nam in 2017.
This was in Malaysia. He has presided over an expansion of the consumer economy, construction projects and tourist attractions.
Kim also expanded North Korea’s nuclear program. Which led to heightened tensions with the United States and South Korea.
Summits with South Korean and US Presidents
In 2018 and 2019, Kim took part in summits with South Korean President Moon Jae-in and US President Donald Trump.
He has claimed success in combatting the COVID-19 pandemic in North Korea Although many experts doubt the country has had no cases altogether.
Second of three children
Kim Jong-un is the second of three children Ko Yong-hui bore to Kim Jong-il. His elder brother Kim Jong-chul was born in 1981.
While his younger sister, Kim Yo-jong, was born in 1987. He is a grandson of Kim Il-sung.
Who was the founder of and led North Korea, from its establishment in 1948 until his death in 1994.
North Korean Citizen
Kim is the first leader of North Korea, to have been born a North Korean citizen. His father having been born in the Soviet Union, and his grandfather having been born a Japanese subject during the colonial period.
All the children of Kim Jong-il spent their lives in Switzerland. As well as the mother of the two youngest sons, who lived in Geneva for some time.
First reports said that Kim Jong-un attended the private International School of Berne. In Gümligen in Switzerland, under the name “Chol-pak” or “Pak-chol” from 1993 to 1998.
Shy and Good Student
He is shy, a good student who got along well with his classmates, and was a basketball fan.
However, it is later suggested that the student at the Gümligen school, was not Kim Jong-un, but his elder brother Kim Jong-chul.
Kim Jong-un attended the Liebefeld Steinhölzli state school. In Köniz near Bern under the name “Pak-un”.
1989 – 2000
Or “Un-pak” from 1998 until 2000 as the son of an employee of the North Korean embassy in Bern.
Authorities confirmed that a North Korean student from North Korea attended the school during that period.
Pak-un first attended a special class for foreign-language children and later attended the regular classes of the 6th, 7th, 8th.
Final 9th Year
And part of the final 9th year, leaving the school abruptly in the autumn of 2000. He is a well-integrated and ambitious student and liked to play basketball.
However, his grades and attendance rating were poor. The ambassador of North Korea in Switzerland, Ri Chol, had a close relationship with him and acted as a mentor.
One of Pak-un’s classmates told reporters that he had told him, that he was the son of the leader of North Korea.
Awkward with girls
According to some reports, Kim s described by classmates as a shy child who was awkward with girls.
And indifferent to political issues, but who distinguished himself in sports and had a fascination, with the American National Basketball Association and Michael Jordan.
Lived in Switzerland
In April 2012, new documents came to light indicating that Kim Jong-un had lived in Switzerland. Since 1991 or 1992, earlier than previously thought.
The Laboratory of Anatomic Anthropology at the University of Lyon, France, compared the picture of Pak-un taken at the Liebefeld Steinhölzli school in 1999.
With a picture of Kim Jong-un from 2012 and concluded that the faces show a conformity of 95%. Suggesting that it is most likely that they are the same person.
Washington Post report
The Washington Post reported in 2009, that Kim Jong-un’s school friends, recalled he “spent hours doing meticulous pencil drawings of Chicago Bulls superstar Michael Jordan”.
Obsessed with basketball and computer games, he was a fan of Jackie Chan action movies.
Most analysts agree that Kim Jong-un attended Kim Il-sung University. A leading officer-training school in Pyongyang, from 2002 to 2007.
Kim obtained two degrees, one in physics at Kim Il-sung University. And another as an Army officer at the Kim Il-sung Military University.
In late February 2018, Reuters reported that Kim and his father, had used forged passport. Supposedly issued by Brazil and dated 26 February 1996.
To apply for visas in various countries. Both 10-year passports carry a stamp saying “Embassy of Brazil in Prague”. Kim Jong-un’s passport records the name “Josef Pwag” and a date of birth of 1 February 1983.
Photo Outside North Korea
Only one confirmed photograph of him is known to exist for many years. Outside North Korea, apparently taken in the mid-1990s, when he was eleven.
Other supposed images of him occasionally surfaced but disputed. It was only in June 2010, shortly before he was given official posts.
And publicly introduced to the North Korean people, that more pictures were released of Kim. Taken when he was attending school in Switzerland.
First Official Image
The first official image of him as an adult, was a group photograph released on 30 September 2010.
The party conference effectively anointed him and in which he is sat in the front row. Two places from his father. Followed by newsreel footage of him attending the conference.
Eldest half – brother
Kim Jong-un’s eldest half-brother, Kim Jong-nam, had been the favorite to succeed. But reportedly fell out of favor after 2001.
When he was caught attempting to enter Japan, on a fake passport to visit Tokyo Disneyland. In 2017, Kim Jong-nam was killed in Malaysia by suspected North Korean agents.
Kim Jong-il’s former personal chef, Kenji Fujimoto, revealed details regarding Kim Jong-un. With whom he had a good relationship.
Stating that he was favored to be his father’s successor. Fujimoto also said that Jong-un was favored by his father, over his elder brother, Kim Jong-chul.
Reasoning that Jong-chul is too feminine in character. While Jong-un is “exactly like his father”.
Furthermore, Fujimoto stated that “if power is to be handed over, then Jong-un is the best for it. He has superb physical gifts. Is a big drinker and never admits defeat.”
Smokes Yves Saint Laurent Cigarettes
Also, according to Fujimoto, Jong-un smokes Yves Saint Laurent cigarettes. Loves Johnnie Walker whisky and has a Mercedes-Benz 600 luxury sedan.
When Jong-un was 18, Fujimoto described an episode where Jong-un once questioned his lavish lifestyle.
And asked, “we are here, playing basketball, riding horses, riding jet skis, having fun together. But what of the lives of the average people?”
Reports of a successor
On 15 January 2009, the South Korean news agency Yonhap reported that Kim Jong-il had appointed Kim Jong-un to be his successor.
On 8 March 2009, BBC News reported that Kim Jong-un was on the ballot for 2009 elections. To the Supreme People’s Assembly, the rubber stamp parliament of North Korea.
Subsequent reports indicated that his name did not appear on the list of lawmakers.
North Korean Military
In the National Defense Commission, which is a banch of the North Korean military. From 2009, it was understood by foreign diplomatic services that Kim was to succeed his father Kim Jong-il.
As the head of the Korean Workers’ Party and de facto leader of North Korea. He has been named “Yŏngmyŏng-han Tongji” (영명한 동지).
Which loosely translates to “Brilliant Comrade”. His father had also asked embassy staff abroad to pledge loyalty to his son.
Newly Composed Song of Praise
There have also been reports that citizens in North Korea were encouraged to sing a newly composed “song of praise” to Kim Jong-un.
In a similar fashion to that of praise songs relating to Kim Jong-il and Kim Il-sung. Later, in June, Kim was reported to have visited China.
Secretly to “present himself” to the Chinese leadership, who later warned against North Korea conducting another nuclear test. The Chinese foreign ministry has strongly denied that this visit occurred.
In September 2009, it was reported that Kim Jong-il had secured support for the succession plan after a propaganda campaign.
It is believed by some that, Kim Jong-un was involved in the Cheonan sinking and the bombardment of Yeonpyeong.
To strengthen his military credentials and facilitate a successful transition of power from his father.
Central Military Commission
Kim Jong-un was made a daejang. The equivalent of a four-star general in the United States, on 27 September 2010.
A day ahead of a rare Workers’ Party of Korea conference in Pyongyang. The first time North Korean media had mentioned him by name.
And despite him having no previous military experience. Despite the promotion, no further details.
On 28 September 2010, he was named vice chairman of the Central Military Commission. And appointed to the Central Committee of the Workers’ Party, in an apparent nod to become the successor to Kim Jong-il.
On 10 October 2010, Kim Jong-un was alongside his father, when he attended the ruling Workers’ Party’s 65th-anniversary celebration.
This was seen as confirming his position, as the next leader of the Workers’ Party. Unprecedented international press access was granted to the event.
Importance of Kim Jong Un’s presence
Further indicating the importance of Kim Jong-un’s presence. In January 2011. The regime reportedly began purging around 200 protégés.
Of both Jong-un’s uncle-in-law Jang Song-thaek and O Kuk-ryol, the vice chairman of the National Defence Commission.
By either detention or execution to further prevent either man from rivaling Jong-un.
Read more at https://thebigissue.co.ke
DR Congo worst dictator who served for 32 uninterrupted years!
Mobutu Sese Seko Kuku Ngbendu Wa Za Banga, born Joseph-Désiré Mobutu in the DR Congo; 14 October 1930 – 7 September 1997) is a Congolese politician.
Also a military officer and the President of the Democratic Republic of the Congo from 1965 to 1971, and Zaire from 1971 to 1997. He served as Chairman of the Organization of African Unity from 1967 to 1968.
In the Congo Crisis, Mobutu, as Chief of Staff of the Army and with support from Belgium and the United States, deposed the democratically elected government.
Headed by left-wing nationalist, Patrice Lumumba in 1960. Mobutu installed a government, executing Lumumba in 1961.
The executor government lead the country’s armed forces until he took power directly in a second coup in 1965.
To consolidate his power, he established the Popular Movement of the Revolution as the sole legal political party in 1967.
Change of Congo’s name to Zaire
He also changed the Congo’s name to Zaire in 1971, and his own name to Mobutu Sese Seko in 1972.
Mobutu claimed his political ideology is “neither left nor right, nor even centre”. Though nevertheless he developed a regime intensely autocratic, even by African standards of his time.
He made attempts to purge the country of all colonial cultural influence through his program of “national authenticity”.
Cult of a personality
Mobutu is the object of a pervasive cult of personality. In his rule, he amassed a large personal fortune through economic exploitation and corruption.
This led some to call his rule a “kleptocracy”. He presided over a period of widespread human rights violations.
Under his rule, the nation experienced uncontrolled inflation, a large debt, and massive currency devaluations.
The US, France and Beligium
Mobutu received strong support (military, diplomatic and economic). This came from the United States, France, and Belgium.
Who believed he is a strong opponent of communism in Francophone Africa. He did build close ties with the governments of apartheid South Africa, Israel and the Greek military junta.
From 1972 onward, he secured support from Mao Zedong of China, mainly due to his anti-Soviet stance.
Afro Asians Nations
The dictatorial Congo was favored by the Chinese leader as part of Mao’s attempts to create a bloc of Afro-Asian nations led by him.
The massive Chinese economic aid that flowing into Zaire gave Mobutu more flexibility in his dealings with Western governments.
It allowed him to identify as an “anti-capitalist revolutionary”, and enabled him to avoid going to the International Monetary Fund for assistance.
By 1990, economic deterioration and unrest led Mobutu to agree to share power with opposition leaders.
But he used the army to thwart change until May 1997, when rebel forces led by Laurent-Désiré Kabila overran the country. And forced him into exile.
Already suffering from advanced prostate cancer, he died three months later in Morocco. Mobutu was notorious for corruption, nepotism, and the embezzlement.
Amounts Involved in Corruption
Mobutu embezzled between US$4 billion and $15 billion during his rule and known for extravagances such as shopping trips to Paris via the supersonic and expensive Concorde.
Read more at https://thebigissue.co.ke
President Daniel Toroitich Arap Moi the master of state craft.
When Jomo Kenyatta died on 22 August 1978, Moi became acting president. A special presidential election for the balance of Kenyatta’s term was to be held.
This was to be on 8 November, 90 days later. A Cabinet meeting instead made a decision that no-one else is interested in running for President.
Various politicians kicked of a campaign across the country for Moi to be win unopposed.
Moi Sworn in as Kenya’s second President
He took office in as the second President of Kenya on 14 October 1978, as a result of the walkover electoral process.
In the beginning, Moi was popular, with widespread support all over the country. He toured the country and came into contact with the people everywhere.
Which was in great contrast to Kenyatta’s imperious style of government from behind closed doors.
However, political realities dictated that he would continue to be beholden to the system of government, that Kenyatta had created.
And to whose headship he had acceded, including the nearly dictatorial powers vested in his office. Despite his popularity, Moi was still unable to fully consolidate his power.
From the beginning, anti-communism was an important theme of Moi’s government; speaking on the new President’s behalf, Vice-President Mwai Kibaki bluntly stated, “There is no room for Communists in Kenya.”
On 1 August 1982, lower-level Air Force personnel, led by Senior Private Grade-I Hezekiah Ochuka and backed by university students, attempted a coup d’état to oust Moi.
The revolt hit a halt, mute by military and police forces commanded by Chief of General Staff Mahamoud Mohamed.
There may have been two or even three independent groups attempting to seize power at the same time.
Prominent Kikuyu Politicians
for differing reasons, but the most serious was led by prominent Kikuyu politicians and members of the police and armed forces.
Moi took the opportunity to dismiss political opponents and consolidate his power. He reduced the influence of Kenyatta’s men in the cabinet.
This was through a long running judicial enquiry that resulted in the identification of key Kenyatta men as traitors.
Court of Public Opinion
Moi pardoned them but not before establishing their traitor status in the public view. The main conspirators in the coup, including Ochuka, got a death sentence.
This marked the last judicial executions in Kenya. He appointed supporters to key roles and changed the constitution.
This formally made KANU the only legally permitted party in the country. However, this made little practical difference to the political situation.
Mono Party State Since 1969
This is because all significant opposition parties were outlawed since 1969. Kenya’s academics and other intelligentsia did not accept this.
And educational institutions across the country became the site of movements that sought to introduce democratic reforms.
However, Kenyan secret police infiltrated these groups and many members moved into exile. Marxism remained illegal at Kenyan universities. The remaining opposition at home went underground.
The End of the Cold War
Starting in the late 1980s, Moi’s regime faced the end of the Cold War, as well as a national economy stagnating under rising oil prices. And falling prices for agricultural commodities.
Western governments also became more hostile to the KANU regime, a change of policy from the time of the Cold War.
They viewed Kenya as an important regional stabilizer, to prevent the spread of Soviet influence beyond Ethiopia, Somalia, and Tanzania.
During that time, Kenya received much foreign aid. And the country was stable, if authoritarian, regime with Moi and the KANU firmly in charge.
Western allies overlooked the increasing degree of political repression, including the use of torture at the infamous Nyayo House torture chambers.
Some of the evidence of these torture cells eventually exposed in 2003 after opposition leader Mwai Kibaki became President.
However, with the fall of the Soviet Union and a lessening need to counter socialist influence in the region, Western policymakers changed their policy towards Moi.
They increasingly regarded him as a despotic ruler rather than an important regional stabilizer.
They withheld foreign aid pending compliance with economic and political reforms. One of the key conditions imposed on his regime.
Restoration of Multi – party system
Especially by the United States through fiery ambassador Smith Hempstone, was the restoration of a multi-party system.
Despite his own lack of enthusiasm for the reintroduction of a multi-party system, Moi managed to win over his party who were against the reform.
Moi announced his intention to repeal Section 2(A) of the constitution, lifting the ban on opposition parties, at a KANU conference in Kasarani in December 1991.
First Multi – party Elections
Despite fierce debate and opposition from many delegates, the conference eventually passed the motion unanimously.
Despite the presence of opposition parties, Moi and the KANU returned to power in the first multi-party elections in 1992.
And once again in 1997. Both elections had evidence of political violence on the part of both the government and opposition forces.
Moi skillfully exploited Kenya’s mix of ethnic tensions in these contests, gaining a plurality in both elections.
This was through a mix of picking up votes across the country while his opponents’ support was more concentrated.
He attracted votes a wide of smaller tribes as well as the Luhya, and taking advantage of fears of Kikuyu domination over the non-Kikuyu majority.
In the absence of an effective and organized opposition, Moi had no difficulty in winning. Although there is suspicion that electoral fraud occurred.
The key to his victory in both elections was a divided opposition. In 1992 he polled 36.3% of the votes.
And in 1997 he received 40.4% but both were comfortable victories, due to vote-splitting between the various opposition groups, which failed to field a unity opposition candidate.
Corrupt and Kleptomaniac Individual
History judges President Moi harshly as a corrupt individual and kleptomaniac, and fairly so. His entire rule was marred with corruption that literally collapsed the Kenyan economy.
By the time his 24 year reign was coming to an end, Kenya’s economic growth was at its knees at negatives and 2%.
In 1999 the findings of NGOs like Amnesty International and a special investigation by the United Nations were published.
The 1999 Amnesty International Findings
They indicated that human rights abuses were prevalent in Kenya under the Moi regime. This is according to the report on corruption and human rights abuses by British reporter.
Her name is Mary Anne Fitzgerald from 1987–88. She says this resulted in her being vilified by the government and finally deported.
Moi was implicated in the 1990s Goldenberg scandal and subsequent cover-ups. Where the Kenyan government subsidized exports of gold.
Smuggling from Congo
This was far in excess of the foreign currency earnings of exporters. In this case, the gold was smuggled from Congo, as Kenya has negligible gold reserves.
The Goldenberg scandal cost Kenya the equivalent of more than 10% of the country’s annual GDP.
Half-hearted inquiries that began at the request of foreign aid donors, never amounted to anything substantial during Moi’s presidency.
Peaceful Transfer of Power
The peaceful transfer of power to Mwai Kibaki may have involved an understanding, that Moi would not stand trial for offences committed during his presidency.
But foreign aid donors reiterated their requests, and Kibaki reopened the inquiry. The inquiry progressed.
Moi, his two sons, Philip and Gideon (now a Senator), and his daughter, June, as well as a host of high-ranking Kenyans, have been implicated.
In testimony delivered in late July 2003, Treasury Permanent Secretary Joseph Magari recounted the unfolding in 1991.
He said that Moi ordered him to pay Ksh34.5 million ($460,000) to Goldenberg, contrary to the laws then in force.
Wangari Maathai discusses Moi’s actions during the 1980s and early 1990s in systematically attempting to dismantle the Greenbelt Movement.
Wangari Maathai’s Displeasure
This was after Maathai voiced displeasure at the government’s attempts to build an office tower in Uhuru Park.
According to Maathai, Moi’s actions included removing the Greenbelt Movement from government provided office space.
And attempting to cut off funding from international donors by limiting funding through government sanctioned bodies.
Tactics during Multiparty Movement
Maathai also discusses Moi’s tactics during the beginning of the multiparty movement in the 1990s (see Forum for the Restoration of Democracy).
Moi announced the military would take over the government before the December 1992 elections.
Maathai received communication during that time that an assassination list had been drawn up, and noted the mysterious deaths of Bishop Alexander Muge and Robert Ouko.
The Release Political Prisoners party was also formed in the early 1990s to secure the release of political prisoners of the Moi regime.
And also to protest state-sanctioned torture and random imprisonment. The police dispersed the protestors.
Many of the mothers of these political prisoners camped at Freedom Corner in Uhuru Park on March 3, 1992.
After a yearlong vigil and hunger strike by many of the mothers of these political prisoners in the Anglican All Saints Cathedral near Uhuru Park, the government released 51 prisoners en masse in early 1993.
In October 2006, Moi was found by the International Centre for Settlement of Investment Disputes, to have taken a bribe from a Pakistani businessman.
The bribe was to facilitate an award a monopoly of duty-free shops at the country’s international airports in Mombasa and Nairobi.
Ali Nasir’s US$2Million
The businessman, Ali Nasir, claimed to have paid Moi US$2 million in cash to obtain government approval for the World Duty Free Limited investment in Kenya.
On 31 August 2007, WikiLeaks published a secret report that laid bare a web of shell companies, secret trusts and frontmen.
Wikileaks said that his entourage was used to funnel hundreds of millions of pounds into nearly 30 countries.
Read more at https://thebigissue.co.ke
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