THE JUDGE, THE JUROR AND THE BAD ASS LAWYERS

THE JUDGE, THE JUROR AND THE BAD ASS LAWYERS.     

         THE LEGAL SYSTEM IS BEING TURNED AGAINST THE PEOPLE IT IS SUPPOSE TO PROTECT. HIGH COURT ACTION FROM MINING COMPANIES IS A SLAP IN THE FACE TO MINING COMMUNITIES WHO ARE INTEGRAL TO THEIR FUTURE. IT SHOWS IGNORANCE AND ARROGANCE AND THE WILL TO FRITTER AWAY SHAREHOLDER MONEY AS THEY PLEASE.

As "PRO BONO" from big law firms has become a "NO NO"  and is just something some poor bugger can add to his wish list.

      It would seem that doing “pro bono”  work  doesn’t support a lavish lifestyle,  and therefore lawyers hard pressed for business are having to take on the role of   “shyster lawyers” to maintain their extravagant tastes in office furniture and expensive cars.

Recently a mining company seems to have got itself  a sympathetic Judge who looks after big business, and hears no right, sees no right and often forgets what is right.

 A week ago, the world´s fourth largest Platinum miner, Northam,  sent  a legal letter to a group of people who are occupying land that is in the process of being restituted to them.  (It´s the same community we encountered as referred to in the Aquarius Platinum story.) This miner and its legal bullies Bowman Gilfillan have been pulling rope to get a scrappy document before “the High Court”, since the presiding judge refused to hear and refused to see the rights of others in the eyes of the law.

Northam Platinum, according to a well placed source and court papers filed in the High Court this week,  gave the Regional  Land Claims commissioner  (RLCC) an ultimatum to “expedite” a  land claim apparently adjoining its Booysendal mine: “ sell us the land or we will buy it directly from the private land owner (farmer) ourselves.” It seems that the Commission turned them down as it would have been unlawful for Northam to step into the shoes of the government. (Can you imagine what would happen if any third parties simply went into a Land Claim area and starting bidding up prices against the government !)

 Northam had being trying to enter into some agreement directly with the LCC ( in contravention of the Act) to allow them (Northam) to buy a farm from a willing farmer who seems to be acting in cahoots with Northam, a man well versed in law, a man admitted to the bar as an advocate to interpret and argue the law in good faith, so that lesser mortals like you and me don´t get screwed. His legacy will be the man who cashed in on Northam´s  predicament while other white farmers have waited for years, their willingness to sell ignored, even though they  had to accept a bottom drawer price from the State.  Some of these white farmers were pressurized to sell their land back to the government or face expropriation.

ADVOCATE Hennie Goosen , as he is referred to at the Commission,  seems to be a regular feature on the LCC “ to do list,” and he is the man in the middle. He managed to get more than what the government was offering with the help of his pals at Northam Platinum.

Now this Judge , he is obviously not a man of god, because had that been the case, the good lord would have dealt him a dose of  the runs and prevented his timely attendance of proceedings and then the “we get what we want” mining company would not have been handed a gift on a platter allowing them to get away with their trumped-up charges.

At the time of writing we are not sure whether Your Legal Highness was compensated for his high-handedness shown to defenseless, impoverished people  already shafted by the previous government.  If so, then two wrongs should not justify taking someone else´s right .  We also have to be fair and sympathize with the parties involved, one wanting for their lands restituted and the other wanting to run their power “line” over the community property for a profit.  As we all have had experiences with the processing speed of the Land Claims Commission - Confucius could say “ in race between tortoise and hare, Commission come last to the finish line of restitution.”

We are also not sure why this mining company appeared to be a frequent visitor to the LCC. The claimants were never offered such privileges.

Judging from what we have uncovered about Eastplats (and we were concentrating on that aspect of the story at the time this news broke as to how they obtained the Mareesburg project), we can only assume that in 2002 the powers at Anglo American were pulling strings at such a rapid rate they had to switch to rope as the nylon had become totally worn out from use and abuse.  

And as the saying goes, give them enough rope to hang themselves.  The situation is worsening as BEE´s mutate and become BBBE´s ( Boeties & Boere Bantu Enterprises) the rainbow nouveau riche as the old dog passes his tricks on to his successors.

Investors are sure to get a return on their money if they do this switch:  Long AQP and Short NHM, that is, assuming Bob  Muga does not throw a fit and just take all of Mimosa – aah what the heck, that should cover this month´s hole in the Treasury in Zim from underperforming mining revenues!

These kind of stories leave one so depressed, all these highly qualified and educated people whom the lord forgot to endow with common sense -  I think I will rush off now and order a case of  Prozac (black market generic off course), because the way South Africa is going, who the f*** needs a prescription.

If your conscience is really nagging you at this point. I suggest you buy a copy of; The Price of Inequality. By E Stiglitz. And no, you have to buy a copy, you can´t get your connections to arrange for a copy to be delivered free of charge.

Writtten by: Thomas King.