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From: Vanessa Bendeman [mailto:VBendeman@environment.gov.za] Sent: Monday, August 23, 2010 12:08 PM To: jmcswan@mweb.co.za Cc: Eugene Swart; Frances Craigie; Linda Garlipp; Mark Jardine; Phumzile Sabeka Subject: Re: Fwd: Complaint to Green Scorpions: Charges: Bribery Conspiracy to Censor & obstruct administration of Ecolaw Concourt Justice

Dear Ms Johnstone After perusing your complaint, I do not believe that we are the appropriate Department to investigate this complaint. I would recommend that you approach the Human Rights Commision or the SAPS for further assistance herein. Kind regards Vanessa Bendeman

Devinagie Bendeman Director:Corporate Legal Services Department of Environmental Affairs and Tourism Tel: 012 310 3599 Fax:012 322 1936


Complaint to Green Scorpions / SAPS / SAHRC: Criminal Charges: Bribery Conspiracy to Censor Ecolaw TRC fraud evidence before Concourt from Public’s Right to Know, to (a) enable TRC elite to retain TRC-PR benefits & (b) obstruct administration of Ecolaw Concourt justice Charges in accordance to following definitions: 1.

Conspiracy: to conspire with any other person to aid or procure the commission of, or to commit an offence.

2.

Fraud: the unlawful and intentional misrepresentation or perversion of the truth, which can lead to actual or potential disadvantage or prejudice to another individual or group.

3.

Bribery (as a briber): unlawfully and intentionally offering to a State official to give any consideration in return for action or inaction by him in an official capacity.

4.

Corruption: S.3 of Prevention and Combatting of Corrupt Activities Act, 2004

5.

Obstruction of Justice: unlawfully and intentionally defeating or obstructing the administration of justice

Accused: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

Ainsley Moos, Volksblad Alan Dunn, Daily News Alide Dasnois, Cape Times Andrew Trench, Daily Dispatch Barney Mthombothi, Financial Mail Bun Booysens, Die Burger Bongani Keswa, Sowetan Chris Whitfield, Independent Cape Ferial Haffajee, City Press Jeremy McCabe, Weekend Post Jovial Rantao, The Star

12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22.

Liza Albrecht, Rapport Makhudu Sefara, Sunday Ind. Martin Williams, The Citizen Mondli Makhanya, Avusa Nic Dawes, Mail & Guardian Peter Bruce, Business Day Philani Mgwaba, Sunday Tribune Ray Hartley, Sunday Times Themba Khumalo, Daily Sun Tim du Plessis, Beeld Zingisa Mkhuma, Pretoria News

Plaintiff: 

Lara Johnstone, personal capacity; and on behalf of Radical Honesty SA.

Issues Covered in this Complaint: A. B. C. D. E. F. G. H.

Overview of Indictments SANEF Editors Conspiracy of Censorship Motives Public Interest Environmental / Sustainability Corporate Management DecisionMaking Responsibilities Media’s Responsibility to Inform / Public’s Right to Know Courts Reliance on Media to Inform Public’s Right to Know Education Responsibilities of News Media in an Information Society Affidavit of Lara Johnstone, member Radical Honesty culture & religion List of Primary (Encl.) Secondary & Tertiary (Link) Evid Documentation


[A] Overview of Indictments: 1.

Conspiracy: SANEF editors have conspired to aid or procure the commission of, or to commit the following offences: fraud, bribery and corruption, which amount to conspiracy to the obstruction of justice.

2.

Fraud: SANEF editors by word and conduct made the following unlawful and intentional misrepresentations or perversions of the truth: (a) In SANEF’s 08 June 2010 Amicus to Concourt they imply that they oppose the suppression of expression and the truth and object to the impediment of a search for the truth1; (b) in their 08 August 2010 Auckland Park declaration to people of SA, they allege that they oppose the suppression of expression and the curtailment of freedom of expression and the free flow of information and will join hands with all South Africans, from all cultures and religions who value their freedoms. Both these representations are perversions of the truth, since SANEF editors repeatedly endorse (i) censorship of Radical Honesty Amicus curiae from the people of SA; and (ii) the legal and political persecution of individuals from the Radical Honesty culture, and perhaps other cultures they despise. SANEF’s fraudulent representation can lead to actual or potential disadvantage or prejudice to Plaintiff, Radical Honesty culture members, and other individuals and cultures.

3.

Bribery (as a briber): SANEF editors conspiracy to censor the details of the Radical Honesty SA Amicus before the Concourt from the people of South Africa, are an unlawful and intentional indirect offer to State Officials (the Concourt Justices, and other SA TRC elite politicians whose reputations would prefer the contents of the Radical Honesty SA Amicus to the Concourt to remain censored) to pressure and/or bribe the Justices with the opportunity to ignore the Radical Honesty SA Amicus in their deliberations, as if its arguments and allegations do not exist, because it’s contents have been censored from public discourse; in return for such officials consideration in return for action or inaction in their official capacities.

4.

Corruption: SANEF editors are directly or indirectly giving or agreeing or offering to give to other SA elite the gratification of censorship of the Radical Honesty SA Amicus, for their TRC-PR benefit, in order to influence such persons so to act, in a manner that amounts to the illegal, dishonest, unauthorized, incomplete, or biased; exercise, carrying out or performance of their power and duties or functions arising out of constitutional, statutory, contractual or any other legal obligations. These actions amount to the abuse of their position of authority, a breach of trust, the violation of legal ecological management duties and sustainable management corporate decision-making, and are designed to achieve an unjustified result; by the unauthorized or improper inducement to TRC Justices’, Political et al elites, to endorse a conspiracy of silence censorship, and are hence guilty of the offence of corruption. (S.3 of Prevention and Combatting of Corrupt Activities Act, 2004)

5.

Obstruction of Justice: SANEF editors conspiracy of silence is unlawfully and intentionally defeating or obstructing the administration of justice

1 CCT 23-10: Citizen v. McBride: Written Submission for South African National Editors Forum (SANEF) and Freedom of Expression Institute (FXI), para 18 to 26, pages 10-15


[B] SANEF Editors Conspiracy of Censorship Motives: It is alleged SANEF Editors Conspiracy of Censorship Motives to suppress the following Radical Honesty SA Amicus to Concourt issues, which, include among others, to:

2

Censor public discourse about Editorial Abuse of Media Power

Censor public discourse or knowledge of SA Editors and other Elite’s Endorsement of Political and Legal Persecution of Minority ‘white refugee’ Cultures

Censor public discourse and knowledge about the study of Dr. Michael Maher: How and Why Journalists Avoid the Population Environment Connection.

Censor public discourse about how the political, corporate and media elite are the beneficiaries of population growth and of growth in the rates of consumption of resources; while the costs of population growth and growth in the rates of consumption of resources are borne by all of society. (6th Law of Sustainability)

Censor public discourse about how ecological carrying capacity rules and responsibilities are the sine qua non for all other human rights.

Censor public discourse and knowledge of TRC’s negligent or intentional refusal to enquire into demographic population policy issue motivations for apartheid

Censor public discourse and knowledge of TRC’s negligent or intentional refusal to enquire into demographic population policy issue causal factors for Apartheid political violence; i.e. Youth Bulge’s, Friction Theory Population Pressures, etc.

Censor public discourse about whether apartheid would ever have existed, if all tribes and cultures had adhered to reproduction rates that were equal, in accordance to carrying capacity principles.

Censor public discourse regarding TRC legislators negligent or intentional ambiguity and failure to provide clear legal and cultural definitions for key TRC social contract terms, such as ‘forgiveness’, ‘closure’, ‘national unity’, ‘ubuntu’, ‘reconciliation’, etc.

Censor public discourse on whether South Africa’s TRC was sincere, or an Intellectual delusion

Censor public discourse on whether any nation or society can ever achieve sincere forgiveness, in the absence of a sincere and serious specific, clear and unambiguous Truth and Forgiveness Social Contract2, or similar, unequivocally understood and practiced by the common man

Censor public discourse on the reality that no amount of adding the word ‘sustainable’ to our legal vocabulary can ensure that our society becomes sustainable, unless our definition for sustainable is sufficiently precise, for all citizens to be aware of the duties and responsibilities required to enable sustainable living.

Censor public discourse on whether legislation or jurisprudence such as the TRC Social Contract, which professes to advocate on behalf of human rights, peace and social justice, while ignoring their ecological basis – a stable human population at slightly less than the eco-systems carrying capacity – is endorsing and practicing legal dishonesty and hypocrisy; i.e. fraud

Radical Honesty Population Policy Common Sense Social Contract PDF: www.scribd.com/doc/34270511


[C] Public Interest Environmental / Sustainability Corporate Management Decision-Making Responsibilities: According to the National Environmental Management Act, 107 of 1998, government and corporations principles on matters affecting sustainable development requires the integration of social, economic and environmental factors in the planning, implementation and evaluation of decision-making. National Environmental Management Principles include:  Development must be socially, environmentally and economically sustainable.  Sustainable development requires the consideration of all relevant factors including, among others: o

that the use and exploitation of non-renewable natural resources is responsible and equitable, and takes into account the consequences of the depletion of the resource;

o

that the development. use and exploitation of renewable resources and the ecosystems of which they are part do not exceed the level beyond which their integrity is jeopardized;

o

that negative impacts on the environment and on people’s environmental rights be anticipated and prevented, and where they cannot be altogether prevented, are minimized and remedied.

 The participation of all interested and affected parties in environmental governance must be promoted, and all people must have the opportunity to develop the understanding, skills and capacity necessary for achieving equitable and effective participation, and participation by vulnerable and disadvantaged persons must be ensured.  Decisions must take into account the interests, needs and values of all interested and affected parties, and this includes recognizing all forms of knowledge. Including traditional and ordinary knowledge.  Community wellbeing and empowerment must be promoted through environmental education, the raising of environmental awareness, the sharing of knowledge and experience and other appropriate means.  The social, economic and environmental impacts of activities, including disadvantages and benefits, must be considered, assessed and evaluated, and decisions must be appropriate in the light of such consideration and assessment.  The environment is held in public trust for the people. The beneficial use of environmental resources must serve the public interest and the environment must be protected as the people’s common heritage.  Global and international responsibilities relating to the environment must be discharged in the national interest.  Decisions must be taken in an open and transparent manner, and access to information must be provided in accordance with the law.


[D] Media’s Responsibility to Inform / Public’s Right to Know: Foreign Law Public’s Right to Know Background to SA Constitution: Up until the present time, U.S. constitutional law on the freedom of the press has focused on forbidding government or government agencies to interfere with the press. This has been justified in a number of Supreme Court decisions3 on the basis of protecting the press's role in providing public information. In all of these decisions, the fundamental justification of the Court was the people's RIGHT TO KNOW and THE RIGHT TO RECEIVE information through a FREE PRESS. But what if the free press is no longer free? And what if those denying the people's right to know and to receive information through a free press are those who actually own, or edit the presses and the other forms of information media? Where information is being censored from the people by editors, they transform themselves into the new ‘corporate agency’ forbidding citizens from the right to know, and the right to receive information. In New York Times v. United States, 403 U.S. 713 (1971), the U.S. Government wanted to restrict the New York Times and Washington Post from publishing the Pentagon Papers, but the Supreme Court ruled that the Government had to demonstrate the justification for their action of refusing the public the right to know, and the right to receive the information they wished kept secret. Similarly, if or where media editors wish to keep information which citizens have a right to know unpublished by the media, they must be required to demonstrate the justification for their action of refusing the public the right to know and the right to receive the information they wish to keep secret. "Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity." Bantam Books, Inc. v. Sullivan, 372 U. S. 58, 372 U. S. 70 (1963); see also Near v. Minnesota, 283 U. S. 697 (1931). The Government "thus carries a heavy burden of showing justification for the imposition of such a restraint." Organization for a Better Austin v. Keefe, 402 U. S. 415, 402 U. S. 419 (1971). The District Court for the Southern District of New York, in the New York Times case, and the District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit, in the Washington Post case, held that the Government had not met that burden. We agree.

SA Media’s Representation; RE: Primary Purpose of News Gathering: According to the Press Code of Professional Practice (PDF4): The basic principle to be upheld is that the freedom of the press is indivisible from and subject to the same rights and duties as that of the individual and rests on the public’s fundamental right to be informed and freely to receive and to disseminate opinions. The primary purpose of gathering and distributing news and opinion is to serve society by informing citizens and enabling them to make informed judgments on the issues of the time. The freedom of the press to bring an independent scrutiny 3 Stanley v. Georgia 394 U.S. 557 (1969); Martin v. City of Struthers, 319 U.S. 141, 143 Justice Black (1943); Griswold v. Connecticut, 381 U.S. 479, pages 482-483 (1965); Kleindienst v. Mandel 408 US 753; 4 PDF: http://www.sanef.org.za/images/uploads/Press_Code_Aug_2006_1.pdf


to bear on the forces that shape society is a freedom exercised on behalf of the public. The public interest is the only test that justifies departure from the highest standards of journalism, and includes:     

detecting or exposing crime or serious misdemeanor; detecting or exposing serious anti-social conduct; protecting public health and safety; preventing the public from being misled by some statement or action of an individual or organisation; detecting or exposing hypocrisy, falsehoods or double standards of behaviour on the part of public figures or institutions and in public institutions.

These alleged primary purpose of being the watchdog for the public’s ‘right to know’ have been repeatedly reiterated in courtrooms, such as in Independent Newspapers (Pty) Ltd v Minister for Intelligence Services5 (Freedom of Expression Institute as Amicus Curiae) In re: Masetlha v President of the Republic of South Africa and Another (Independent (CCT38/07) [2008] ZACC 6; 2008 (5) SA 31 (CC); 2008 (8) BCLR 771 (CC) (22 May 2008) (PDF6), Independent Newspapers sought upon the legal arguments of the right to open judicial deliberations, i.e. ‘open justice’ and the public’s ‘right to know’ that national security related documents which formed part of the court record, not be withheld or censored from the public.

Media’s Representation’s to the Public on their Right to Know: SANEF member and media academic and activist, Mr. Guy Berger, in Taking the

ANC media tribunal at face value, Mail & Guardian Thought leader7 (PDF8), 4 August 2010:

The reason why everyone should support a self-interested media fight against the tribunal intervention is simple. It is because, as an earlier version of South African Press Code of Professional Practice puts it: “The freedom of the press to bring an independent scrutiny to bear on the forces that shape society is a freedom exercised on behalf of the public.” In short, the interests of media owners and editorial staff in opposing the tribunal are simultaneously in the wider public interest in helping to hold the powerful accountable.

Media’s Representations on the People’s Right to Know: 

We have a right to know who funds Zuma family, Judith February, Mail and Guardian9 (PDF10), 02 July 2010

Electorate has a right to know full earnings, Business Report11 (PDF12), 10 August 2010

We must protect public’s right to know, Abdullah Saeed, Sunday Times13 (PDF14), 09 August 2010

5

http://www.saflii.org/cgi-bin/disp.pl?file=za/cases/ZACC/2008/6.html&query= right to know PDF: http://www.saflii.org/za/cases/ZACC/2008/6.pdf http://www.thoughtleader.co.za/guyberger/2010/08/04/taking-the-anc-tribunal-at-face-value/ 8 http://www.scribd.com/doc/36260877 9 http://www.mg.co.za/article/2010-07-02-we-have-a-right-to-know-who-funds-zuma-family 10 http://www.scribd.com/doc/36260151/ 11 http://www.busrep.co.za/index.php?fSectionId=553&fArticleId=5594828 12 http://www.scribd.com/doc/36260203/ 6 7


Public ‘has a right to know’, Tia Goldenberg, News 2415 (PDF16), 07 November 2007

We’ll never surrender our right to know, Helen Zille, Politicsweb17 (PDF18), 01 August 2010

Censorship a dark, evil path, editors warn, IOL19 (PDF20), 27 July 2010

[E] Courts Reliance on Media to Inform Public’s Right to Know: In New Guide Books for Court Reporters, Independent Publishers21 (PDF22) write: The Association of Independent Publishers (AIP) and South African National Editors’ Forum (SANEF) have jointly published a practical pocket-guide and companion desk glossary to help journalists report on court cases. The Reporting the Courts books are a practical response to the demise of specialised court reporters in many newsrooms, and the lack of court reporting training at tertiary institutions. South African Chief Justice Pius Langa formally launched the books at the Constitution Court on August 17. In his forward to the handbook, he writes: “Judges and magistrates have little power outside of the courtroom to explain or defend their positions and are uniquely reliant on journalists to convey their decisions to the broader population … with this power comes responsibility, not to the courts, but to the public and to our young nation as a whole to report the work of the courts accurately and fairly but not uncritically.”

The Open Democracy Center’s Right to Know Laws (PDF23), booklet states: But, to understand [Right to Know Law] value, journalists need to put modern right to know (RTK) law in its correct context. Contemporary understanding of RTK law recognises that it should be seen as much as a linking right to socio-economic rights as to the protection of more traditional civil and political freedoms. Thus, RTK law is now being used around the world to expose corruption and to give poor people a voice in the policy-making and executive decisions that impact on their material well-being. This is a pivotal paradigmatic shift, part of a global movement of new understanding about transparency and accountability. …. In addition, the way in which government complies with the right to know, and puts in place—or fails to put in place— proper procedures to handle requests, may be newsworthy.

[F] Education Responsibilities of News Media in an Information Society: 13

http://www.timeslive.co.za/opinion/letters/article593896.ece/We-must-protect-publics-right-to-know http://www.scribd.com/doc/36260184/ 15 http://www.news24.com/Africa/News/Public-has-a-right-to-know-20071106# 16 http://www.scribd.com/doc/36260108/ 17 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=190478&sn=Detail 18 http://www.scribd.com/doc/36260171/ 19 http://www.iol.co.za/index.php?set_id=1&click_id=3015&art_id=vn20100727045604323C825604 20 http://www.scribd.com/doc/36260156/ 21 http://www.independentpublisher.org/article.php?ssID=5&aID=45 22 http://www.scribd.com/doc/36260234/ 23 PDF: http://www.opendemocracy.org.za/images/docs/rtk_laws.pdf 14


In an information society, reasonable access to information is a necessity for nations and individuals. A state or news corporation which professes news impartiality and exercises censorship to bar access to information effectively controls and shapes the destiny of its people or readers. The right to know includes the right to receive information, which is broadly conceived and includes the right to access to specific types of data (for example, health or political or ecological information), as well as more general types of knowledge obtainable through education, training or employment. In How and Why Journalists Avoid the Population-Environment Connection (PDF24), Dr. T. Michael Maher writes: The Ehrlichs and Howell seem to assume that education is the chief factor driving public opinion about environmental causality. But in Tradeoffs: Imperatives of Choice in a High-Tech World, Wenk (1986) offered a more media-centric view of how the public learns: "Whatever literacy in science and technology the general public has reached is not from formal education. Rather, it is from the mass media. That responsibility of the press has been almost completely ignored" (p. 162). This study will examine press responsibility for the public's indifference to population growth by exploring two questions:  

To what extent do press reports about population-driven environmental problems link those problems to population growth? What reasons do reporters give for ignoring population growth in stories about environmental problems?

Under Why Journalists Avoid Mentioning Population (i.e. avoid educating their Information Society readers of how population is a factor in the problem they are reporting upon), he writes, among others: Why? Communication theory offers several possibilities. First is the hegemonytheory interpretation: reports omit any implication that population growth might produce negative effects, in order to purvey the ideology of elites who make money from population growth. As Molotch and Lester (1974) put it, media content can be viewed as reflecting "the practices of those having the power to determine the experience of others" (p. 120). Since real estate, construction and banking interests directly support the media through advertising purchases, this interpretation seems plausible. A number of media critics (e.g., Gandy, 1982; Altschull, 1984; Bennett, 1988) have suggested that media messages reflect the values of powerful political and commercial interests. Burd (1972), Kaniss (1991) and others have pointed out that newspapers have traditionally promoted population growth in their cities through civic boosterism. Molotch (1976) even suggested that cities can best be understood as entities competing for population growth, with the city newspaper as chief cheerleader.

24

PDF: http://www.scribd.com/doc/33694415/


[G] Affidavit of Lara Johnstone, Radical Honesty culture/religion: I the undersigned, LARA JOHNSTONE do hereby make oath and say: 1.

I am a 43 year old adult female unemployed paralegal, who sells wormeries and organic compost to make a very simple living. I live at 16 Taaibos Ave, George, Southern Cape (Additional Info in Annex B: Heads of Argument: para 2, 3 & 4).

2.

Save where appears from the context, the facts contained in this affidavit are within my own personal knowledge and are, to the best of my knowledge and belief, both true and correct.

3.

I am the only member – to my knowledge – of the Radical Honesty25 culture and religion currently living in South Africa (Annex A: CCT 23-10: Concourt Chief Justice Order: 03 May 2010: Amicus Directions: Lara Johnstone: Member Radical Honesty Culture and Religion (p.2) (PDF26).

Supreme Court of Appeal Ruling in Citizen v. McBride, taken to Constitutional Court: 4.

On 26 February, the Supreme Court of Appeal ruled on behalf of Robert John McBride, in The Citizen v. Robert John McBride Defamation case, regarding the legal interpretation of the meaning of ‘amnesty’ in the Promotion of National Unity and Reconciliation Act.

5.

On 09 March 2010, the Citizen announced its intentions to Appeal the SCA ruling to the Constitutional Court, in Truth about SA is at stake, Martin Williams, The Citizen27 (PDF28).

6.

On 10 March 2010, the South African National Editors Forum (SANEF) announced their intentions to file Amicus Curiae’s in the matter, in a SANEF Press Release: SANEF to apply as Amicus Curiae in the Citizen Constitutional Court Challenge29 (PDF30). Resulting news articles:

25

As founded by Dr. Brad Blanton, bestselling author, psychologist and ‘Honesty in Politics’ Congressional Candidate. See: www.radicalhonesty.com 26 PDF: www.scribd.com/doc/31036663 27 http://www.citizen.co.za/index/article.aspx?pDesc=118256,1,22 28 http://www.scribd.com/doc/36257581/ 29 http://www.sanef.org.za/news/entry/SANEF_to_apply_as_Amicus_Curiae_in_the_Citizen_Constitutional_Court_Challen/


A.

Don't edit history – editors, IAfrica.com31 (PDF32), 10 Mar 2010

B.

SANEF: Can censorship of historical fact lead to reconciliation?, by SANEF, The Media Online33 (PDF34), 10 March 2010

C.

SANEF joins Citizen's ConCourt appeal on McBride ruling, Politicsweb35 (PDF36), 10 March 2010

D.

McBride vs Citizen ruling has serious impact on reporting: Sanef, SABC37 (PDF38), March 10, 2010

E.

Editors body to challenge McBride ruling, Stephen Grootes, Eyewitness News39 (PDF40), 10 March 2010

F.

Editors join appeal against McBride defamation ruling, Legalbrief41, 11 March 2010

G.

IPI Supports The Citizen Newspaper in South Africa Constitutional Challenge: ‘National Unity and Reconciliation Act Should not be Used to Justify Censorship’, by Naomi Hunt, International Press Institute42 (PDF43), Thursday, 18 March 2010

H.

RAYMOND LOUW: Problem needs urgent fixing when law encourages lies, Raymond Louw, Business Day44 (PDF45), 2010/03/23; Law shouldn't encourage lies, as it has done for McBride, Journalism.co.za46 (PDF47), 26 March 2010

30

http://www.scribd.com/doc/36257569/ http://iafrica.com/news/sa/2291581.htm 32 http://www.scribd.com/doc/36257591/ 33 http://www.themediaonline.co.za/themedia/view/themedia/en/page1351?oid=46910&sn=Detail&pid=1351 34 http://www.scribd.com/doc/36257606/ 35 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=165123&sn=Detail 36 http://www.scribd.com/doc/36257616/ 37 www.sabcnews.co.za/portal/site/SABCNews/menuitem.5c4f8fe7ee929f602ea12ea1674daeb9/?vgnextoid=5e0535a69474721 0VgnVCM10000077d4ea9bRCRD&vgnextfmt=default&channelPath=South%20Africa%20%3E%3E%20Social 38 http://www.scribd.com/doc/36257625/ 39 http://www.ewn.co.za/articleprog.aspx?id=34428 40 http://www.scribd.com/doc/36263902 41 http://www.legalbrief.co.za/article.php?story=20100311090436473 42 http://www.freemedia.at/singleview/4838/ 43 http://www.scribd.com/doc/36257634/ 44 http://www.businessday.co.za/articles/Content.aspx?id=104311 45 http://www.scribd.com/doc/36257642/ 46 http://journalism.co.za/index.php?option=com_content&view=article&id=3107:law-shouldnt-encourage-lies-as-it-hasdone-for-mcbride-&catid=92&Itemid=51 47 http://www.scribd.com/doc/36257660/ 31


I.

Top court to mull ‘criminal’ McBride, Ernest Mabuza, Business Day48 (PDF49), All Africa50, The Daily African51, 2010/03/25; Citizen files McBride Constitutional Court Papers, Weekend Post52 (PDF53), 25 March 2010

Radical Honesty SA Amicus Curiae Application to Concourt: 7.

On 25 March 2010, I filed an application (PDF54) to the Constitutional Court Chief Justice, as a member of the Radical Honesty Culture and Religion, to proceed as an In Forma Pauperis Amicus Curiae, in the matter of The Citizen v. Robert McBride.

8.

One of the arguments stated in my Founding Affidavit for why I alleged that both Mr. McBride, The Citizen and the SCA’s interpretation of the TRC Social Contract was erroneous; was founded on the principle that any legislation or jurisprudence which professes to advocate on behalf of human rights, peace and social justice, such as the TRC Act, while ignoring their ecological basis – a stable human population at slightly less than the eco-systems carrying capacity – is endorsing and practicing legal dishonesty and hypocrisy; i.e. fraud. It is legislation and jurisprudence that is deliberately indifferent to the laws of sustainability.

9.

My Amicus also included reference to the study by Dr. Michael Maher, How and Why Journalists Avoid the Population-Environment Connection. This study examined press responsibility for the public’s indifference to population growth, as a causal factor for so many socio-economic and resource scarcity community problem. Additionally considering that most of the public’s literacy in science and technology is reached not from formal education, but from the mass media, what was the media’s response to this educational responsibility.

10.

Media’s Responsibility to Inform / Public’s Right to Know News articles: NONE.

Mr. McBride’s Notice of Cross Appeal and Updated Correspondence to Parties: 11.

Robert McBride Plans Cross-Appeal against newspaper, Citizen Reporter, The Citizen55 (PDF56), 08 April 2010. The Citizen states that “The South African National

48

http://www.businessday.co.za/articles/Content.aspx?id=104503 http://www.scribd.com/doc/36257652/ 50 http://allafrica.com/stories/201003250024.html 51 http://www.thedailyafrican.com/south_africa/31547-South-Africa-Top-Court-Mull-Criminal-Mcbride.html 52 http://www.weekendpost.co.za/article.aspx?id=545593 53 http://www.scribd.com/doc/36263607 54 PDF: http://www.scribd.com/doc/28979161/ 55 http://www.thecitizen.co.za/index.php?option=com_content&view=article&id=89615&Itemid=34 56 http://www.scribd.com/doc/36261846 49


Editors’ Forum and Freedom of Expression Institute have applied to be admitted as a friend of the court”, but mentions nothing about the Radical Honesty SA Application to be accepted as an Amicus Curiae. 12.

In an email to all parties on 09 April 2010, I informed them of my attempts to determine who had written the aforementioned article, and that I had been informed the author thereof was the editor, Mr. Martin Williams, writing under the pseudonym of ‘Citizen Reporter’. I also informed them of an article I wrote on the matter for the White Refugee blog: SA Media Conspiratorial 'What Bleads, Leads' role in SA's Race War57 (PDF58). The White Refugee article included the details of three International Expert Witnesses Interested in Testifying Before the Concourt, should the Radical Honesty SA Amicus be accepted, among others: (a) Dr. Brad Blanton: Honesty in Politics Politician, bestselling author of Radical Honesty series of books, and Dr. Truth psychologist; (b) Prof. Al Bartlett, author of the Laws of Sustainability, as detailed in The Essential Exponential! For the Future of Our Planet, and Reflections on Sustainability, Population Growth, and the Environment.; and (c) Dr. T. Michael Maher, Professor of Communication, University of Louisiana at Lafayette; author of the study: How and Why Journalists avoid the Population-Environment Connection (Annex C).

13.

Media’s Responsibility to Inform / Public’s Right to Know News articles: NONE.

CCT 23-10 Media Reports: 14.

On 14 April 2010, SAPA publish Concourt sets McBride date, picked up by News 2459(PDF60), Mail & Guardian61 (PDF62), IOL63 (PDF64), SouthAfricanTimes.UK65; wherein SAPA reports on the Concourts intended hearing date for the matter. SAPA also states that SANEF intend planning to file an Amicus. No mention is made of the Radical Honesty – SA Amicus Application which was already filed with the Concourt.

Concourt Approve ‘Radical Honesty – SA’ as First Amicus Curiae:

57

http://why-we-are-white-refugees.blogspot.com/2010/04/sa-media-conspiratorial-what-bleads.html http://www.scribd.com/doc/36261953 59 http://www.news24.com/printArticle.aspx?iframe&aid=8fa46375-74e2-4b32-8fd0-dc6beb20276c&cid=1059 60 http://www.scribd.com/doc/36257662 61 http://www.mg.co.za/article/2010-04-14-constitutional-court-sets-date-for-mcbride-hearing 62 http://www.scribd.com/doc/36264585 63 http://www.iol.co.za/general/news/newsprint.php?art_id=nw20100414142401335C573653&sf= 64 http://www.scribd.com/doc/36264595 65 http://southafricantimes.co.uk/the-republic/news/archive/2010/04/14/concourt-sets-mcbride-date.aspx 58


15.

On 03 May 2010, the Chief Justice approved my Radical Honesty SA Amicus application, and issued, among others the following orders: “Ms. Lara Johnstone, Member of Radical Honesty Culture and Religion, is admitted as an amicus curiae” (Annex A: CCT 23-10 Order). The Amicus Directions were emailed to all parties on 07 May 2010, by Senior Registrars Clerk, Mr. Delano Louw.

16.

Media’s Responsibility to Inform / Public’s Right to Know News articles: NONE.

The Citizen file Submissions on Main Appeal: 17.

On 07 May 2010, The Citizen file their Submissions on Main Appeal (PDF66).

SANEF and FXI file Application to be Accepted as Amici: 18.

On 18 May 2010, the Freedom of Expression Institute (FXI) and SA National Editors Forum (SANEF) file their Application to be accepted as Amici (PDF67). Subsequent news articles, not one of which refers to the Radical Honesty – SA Amicus, or that the Chief Justice had approved Radical Honesty SA Application to submit an Amicus, let alone its contents or arguments: A.

Don’t suppress the truth: FXI, Citizen Reporter, The Citizen68 (PDF69), Security (PDF70), 18 May 2010

B.

Heavyweights enter the fray, Cedric Mboyisa, The Citizen71 (PDF72), 19 May 2010

C.

New Turn in McBride legal battle, The Citizen73 (PDF74), 19 May 2010

D.

The Citizen fights ruling on McBride’s history, Ernest Mabuza, Business Day75 (PDF76), All Africa77, 17 May 2010

66

PDF: http://www.scribd.com/doc/33785035/ PDF: http://www.scribd.com/doc/33785107/ 68 http://www.thecitizen.co.za/index.php?option=com_content&view=article&id=60024&catid=80:breakingnews&Itemid=132 69 http://www.scribd.com/doc/36257683/ 70 http://www.scribd.com/doc/36257714/ 71 http://www.thecitizen.co.za/index.php?option=com_content&view=article&id=8360:heavyweights-enter-thefray&catid=25:local-news&Itemid=34 72 http://www.scribd.com/doc/36257697/ 73 http://www.citizen.co.za/index/News/1060117.page 74 http://www.scribd.com/doc/36257710/ 75 http://www.businessday.co.za/Articles/Content.aspx?id=109057 76 http://www.scribd.com/doc/36257667/ 77 http://allafrica.com/stories/201005170139.html 67


E.

Editors Argue Free Speech in McBride Case, Franny Rabkin, Business Day78 (PDF79), All Africa80, 20 May 2010

F.

Ruling distorts common sense; Will Constitutional Court come down on the side of common sense or has the amnesty process washed away the bloodshed of apartheid? , Carmel Rickard, The Mercury81 (PDF82), 20 May 2010

G.

When the logic of law is murdered, Carmel Rickard, Pretoria News83 (PDF84), 20 May 2010

H.

When is a killer not a killer? Constitutional Court to decide whether Robert McBride can be called a murderer despite TRC amnesty, Carmel Rickard, The Star85 (PDF86), 20 May 2010

I.

Even the elite cannot wipe clean the bloodstained slate of our history clean, Carmel Rickard, Cape Times87 (PDF88), May 20, 2010

J.

The law of Unintended Consequences, DefenceWeb89 (PDF90), 24 May 2010

K.

Waarheid word gestraf, se Sanef en FXI aan hof, Phillip de Bruin, Die Burger91 (PDF92), 16 July 2010

19.

On 24 May 2010, the Concourt Approves SANEF and FXI’s Applications to be admitted as Amici.

McBride files Heads of Argument: 20.

ON 28 May 2010, Mr. McBride files Heads of Argument (PDF93). Subsequent news articles:

78

http://www.businessday.co.za/Articles/Content.aspx?id=109430 http://www.scribd.com/doc/36257727/ 80 http://allafrica.com/stories/201005200060.html 81 http://www.encyclopedia.com/doc/1G1-226801462.html 82 http://www.scribd.com/doc/36257750/ 83 http://www.encyclopedia.com/doc/1G1-226804745.html 84 http://www.scribd.com/doc/36257562/ 85 http://www.encyclopedia.com/doc/1G1-226804960.html 86 http://www.scribd.com/doc/36257815/ 87 http://www.encyclopedia.com/doc/1G1-226804826.html 88 http://www.scribd.com/doc/36257738/ 89 http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=8119:he-law-of-unintendedconsequences&catid=53:People&Itemid=117 90 http://www.scribd.com/doc/36257822/ 91 http://www.dieburger.com/Suid-Afrika/Nuus/Waarheid-word-gestraf-se-Sanef-en-FXI-aan-hof-20100715 92 http://www.scribd.com/doc/36258044/ 79


A.

It is necessary to close book on the past, say McBride’s lawyers, Ernest Mabuza, Business Day94(PDF95), 18 June 2010 (Legalbrief Today96, 21 June 2010)

FXI & SANEF file Heads of Argument: 21.

On 08 June 2010, FXI and SANEF file their Heads of Argument (PDF97). Totally disregarding the fact that they are suppressing and censoring the Radical Honesty SA’s right to freedom of expression and access to media discourse, they advise the court on the fine points of the System of Freedom of Expression: A.

“...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.”

22.

While censoring and suppressing the Radical Honesty SA Amicus’ argument and evidence, as to how the TRC Act failed to establish the ecological carrying capacity truth, underlying the Afrikaner ‘swart gevaar’ fears which motivated the establishment of apartheid, and the rapid population growth contributory factors toward the political violence; they instruct the court on the alleged importance of the search for the truth: A.

“it is deemed necessary to establish the truth in relation to past events as well as the motives for and circumstances in which gross violations of

93

PDF: http://www.scribd.com/doc/33112864/ http://www.businessday.co.za/Articles/Content.aspx?id=112165 95 http://www.scribd.com/doc/36257830/ 96 http://www.legalbrief.co.za/article.php?story=20100621160354575 97 PDF: http://www.scribd.com/doc/33785122/ 94


human rights have occurred, and to make the findings known in order to prevent a repetition of such acts in future�. Joyce Mbizana & Mbasa Mxenge file Amicus Applications: 23.

On 15 June 2010, Ms. Joyce Mbizana and Mr. Mbasa Mxenge file their Application to be accepted as Amici (PDF98). Subsequent news articles: A.

Apartheid victims and survivors challenge McBride ruling, TimesLive99 (PDF100), The Star101 (PDF102), ICTJ (PDF103), 19 June 2010

B.

Apartheid victims fight McBride case, Nathi Olifant, Sunday Tribune104 (PDF105), IOL106 (PDF107), Cape Argus108 (PDF109), Cape Times110 (PDF111), Mercury112 (PDF113), Pretoria News114 (PDF115), Daily News116 (PDF117), CSVR118 (PDF119), The Star120 (PDF121), Lawlibrary.co.za122 (PDF123), 20 June 2010 (Apartheid activists relatives to challenge McBride ruling, Legalbrief Today124 (PDF125), Mooney Ford Attorneys126 (PDF127), 21 June 2010)

98

PDF: http://www.scribd.com/doc/33785242/ http://www.timeslive.co.za/local/article510624.ece/Apartheid-victims-and-survivors-challenge-McBride-ruling 100 http://www.scribd.com/doc/36257862/ 101 http://www.thestar.co.za/index.php?fSectionId=128&fArticleId=vn20100620072724632C152979 102 http://www.scribd.com/doc/36264009 103 http://www.scribd.com/doc/36263142 104 http://www.encyclopedia.com/doc/1G1-229387811.html 105 http://www.scribd.com/doc/36257934/ 106 http://www.iol.co.za/index.php?sf=13&set_id=1&click_id=13&art_id=vn20100620072724632C152979 107 http://www.scribd.com/doc/36257910/ 108 http://www.capeargus.co.za/?fSectionId=3571&fArticleId=vn20100620072724632C152979 109 http://www.scribd.com/doc/36257885/ 110 http://www.capetimes.co.za/?fSectionId=&fArticleId=vn20100620072724632C152979 111 http://www.scribd.com/doc/36257895/ 112 http://www.themercury.co.za/?fSectionId=&fArticleId=vn20100620072724632C152979 113 http://www.scribd.com/doc/36257944/ 114 http://www.pretorianews.co.za/index.php?fSectionId=&fArticleId=vn20100620072724632C152979 115 http://www.scribd.com/doc/36257924/ 116 http://www.dailynews.co.za/?fSectionId=540&fArticleId=vn20100620072724632C152979 117 http://www.scribd.com/doc/36257905/ 118 http://www.csvr.org.za/index.php?option=com_content&task=view&id=1326&Itemid=26 119 http://www.scribd.com/doc/36264275 120 http://www.thestar.co.za/index.php?fSectionId=549&fArticleId=vn20100620072724632C152979 121 http://www.scribd.com/doc/36257955/ 122 http://www.lawlibrary.co.za/notice/updates/2010/issue_14/recentjudgments_concourt.htm 123 http://www.scribd.com/doc/36258038/ 124 http://www.legalbrief.co.za/article.php?story=20100621160354575 125 http://www.scribd.com/doc/36264412 126 http://www.mfp.co.za/page.asp?pg=news&newsID=399 127 http://www.scribd.com/doc/36264339 99


C.

Slain activists relatives seek to join McBride defamation case, Ernest Mabuza, Business Day128 (PDF129), All Africa130 (PDF131), Lawlibrary.co.za132 (PDF133), LexisNexis134 (Cache135) (PDF136), 22 June 2010

D.

McBride loses support in defamation case, Jason Warner, Pretoria News137 (PDF138), The Star139 (PDF140), IOL141 (PDF142), Independent on Saturday143 (PDF144), Lawlibrary.co.za145 (PDF146), 24 June 2010

E.

McBride was convicted – period, Eusebius McKaiser, Mail and Guardian147 (PDF148), 02 August 2010

F.

International Center for Transitional Justice Amicus Brief for Sa Apartheid Defamation Case, ICTJ149 (PDF150), 02 August 2010

Radical Honesty SA File Heads of Argument: 24.

On 18 July 2010, I file my Amended Heads of Argument (subsequent to unequivocal confirmation that neither SANEF, the Citizen nor Mr. McBride object to me filing a Radical Honesty SA Amicus).

25.

In my Amicus, among others I allege that media editors act as Access to Media Resources Discourse Gatekeepers, whereby they censor151 the voices of those

128

http://www.businessday.co.za/articles/Content.aspx?id=112396 http://www.scribd.com/doc/36257985/ 130 http://allafrica.com/stories/201006220474.html 131 http://www.scribd.com/doc/36257975/ 132 http://www.lawlibrary.co.za/notice/updates/2010/issue_14/recentjudgments_concourt.htm 133 http://www.scribd.com/doc/36258038/ 134 www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=675&topicId= 112450003&docId=l:1211886819&start=10 135 http://webcache.googleusercontent.com/search?q=cache:6YNr_rA9IcwJ:www6.lexisnexis.com/publisher/EndUser%3FActio n%3DUserDisplayFullDocument%26orgId%3D675%26topicId%3D112450003%26docId%3Dl:1211886819%26start%3D10+%22Slain+ac tivists%E2%80%99+relatives+seek+to+join+McBride+defamation+case%22&cd=6&hl=en&ct=clnk&gl=za 136 http://www.scribd.com/doc/36257990/ 137 http://www.pretorianews.co.za/index.php?fSectionId=665&fArticleId=vn20100624045434761C698608 138 http://www.scribd.com/doc/36258016/ 139 http://www.thestar.co.za/index.php?fSectionId=&fArticleId=vn20100624045434761C698608 140 http://www.scribd.com/doc/36258035/ 141 http://www.iol.co.za/index.php?set_id=1&click_id=6&art_id=vn20100624045434761C698608 142 http://www.scribd.com/doc/36263356 143 http://www.independentonsaturday.co.za/index.php?fSectionId=&fArticleId=vn20100624045434761C698608 144 http://www.scribd.com/doc/36258014/ 145 http://www.lawlibrary.co.za/notice/updates/2010/issue_14/recentjudgments_concourt.htm 146 http://www.scribd.com/doc/36258038/ 147 http://www.mg.co.za/article/2010-08-02-mcbride-was-convictedperiod?utm_medium=saDailynews24&utm_source=sadailynews24.com 148 http://www.scribd.com/doc/36257809/ 149 http://www.ictj.org/en/news/features/3938.html 150 http://www.scribd.com/doc/36258050/ 129


voicing nonviolent grievances and problem solving activism, so as to facilitate a pressure cooker socio-political reality for their ‘If it Bleads, it Leads’ corporate propaganda profits. They do this knowing and applying the following principles: A.

‘As long as there is some possibility of getting results by political means, the chances that any political group or individual will turn violent are truly radically small, or maybe vanishingly small’152;

B.

‘The exposure in the media is what gets people’s attention. People follow what is happening in the news, not what is happening in the courts’153;

C.

‘[Editors] abuse of media power, by means of strategies whereby they abuse public discourse/free speech resources; by providing certain parties with preferential and special access to such public discourse, and severely restricting or denying others any access to such public discourse154;

D.

Mainstream media avoid addressing or enquiring into root causes of problems as reported in How and Why Journalists Avoid Population – Environment connection155; and censor non-violent root-cause problem solving activism156.

26.

Media’s Responsibility to Inform / Public’s Right to Know News articles: NONE.

Radical Honesty SA Notifies SANEF Editors of Radical Honesty Amicus: 27.

On 26 July I contacted SANEF’s Chairman Mr. Mondli Makhanya to arrange an interview. The interview was arranged for Tuesday 27 July at 09:00 hrs, and I emailed [190157] his secretary the questions I wanted him to answer for me.

151

“The moderate blacks were not selling the papers. We were presenting a non-violent strategy, that did not say ‘Burn, baby Burn’. A strategy that said people must come together and sit down around a negotiating table. And this is not sensational stuff; it does not sell the papers.” – Rev. John Gogotya, ANC: VIP’s of Violence, documentary; “For revolutionary groups, the more murderous the deed, the more certain the media coverage.” -- Nicholas Partridge, Presenter, ANC: VIP’s of Violence. See: Transcript of ANC: VIP’s of Violence at: UA: [C.6] ‘If it Bleads, It Leads,’ Editorial Maxim [PDF: www.scribd.com/doc/32739403] 152 Clark McCauley, Ph.D, Prof. of Psychology at Bryn Mawr College, in When Does Political Anger Turn to Violence?, by Benedict Carey, New York Times, March 26, 2010 [PDF: www.scribd.com/doc/34271993] 153 Jean Pierre Mean, Group General Counsel and Chief Compliance Officer, SGS Group, In Confronting Corruption: The Business Case for an Effective Anti-Corruption Programme, by PricewaterhouseCoopers Intnl [PDF: www.pwc.com/anticorruption] 154 (I) Power and the news media, Teun A. van Dijk, Univ. of Amsterdam, D. Paletz (Ed.), Political Communication & Action. (pp. 9-36). Cresskill, NJ: Hampton Press, 1995 [PDF: www.scribd.com/doc/34271955] ; (II) Ubuntu Amicus (UA) : [C] Right to ‘Free Speech’ Propaganda Profits Deception [PDF: www.scribd.com/doc/32739403] 155 CCT 23-10: Statement of Consent by Dr. T. Michael Maher [PDF: www.scribd.com/doc/31373074]; How and Why Journalists Avoid Population-Environment Connection, by T. Michael Maher, Ph.D. [PDF: www.scribd.com/doc/33694415] 156 HC-WC 19963-09: 140 SA Elite Deliberate Indifference to Rule of Law [PDF: www.scribd.com/doc/34274197] 157 CCT 23-10: 1st Amicus Proof of Email Service & Correspondence: PDF: http://www.scribd.com/doc/34064979/


28.

On the evening of 26 July 2010, and early morning of 27 July, I sent the following editors and journalists (whom I imagine are SANEF members) a form letter email providing them with a PDF copy of the Radical Honesty SA Concourt Amicus, as provided to SANEF attorneys, and informed them the Amicus was supported by the expert witness statements of (a) Dr. Brad Blanton, the worlds foremost expert on honesty, transparency and sincere forgiveness, bestselling author of Radical Honesty series of books, and former Honesty in Politics candidate for Congress in Virginia in 2004 and 2006, and (b) Dr. T. Michael Maher, the author and study of How and Why Journalists Avoid the Environment-Population Connection. I confirmed my interpretation that it appeared their editorial decision was to censor this information, and if I was incorrect in my assumption, would they please provide me with the information about where they had published the information. I enquired how their censorship decision-making was in accordance to SANEF’s Code of Professional Practice which requires News Reporting to be ethically driven, to provide for an environment for ethics discourse in the media, to be in support of freedom of expression, to enable a culture of real debate of the highest standard, and were in accordance with SANEF’s alleged values of integrity, accountability and the public interest. (The emails can be found in full in First Amicus Proof of Email Service and Correspondence # 2 (PDF158)), the dates and titles as follows: A.

[188] 12:33 PM: Questions for SANEF Chairperson: Mr. Rantao: Re: Ind. Media Tribunal, media corruption and media censorship

B.

[190] 01:09 PM: FW: Questions for SANEF Chairperson: Mr. Makhanya: Re: Ind. Media Tribunal, media corruption and media censorship

C.

[191] 01:40 PM: Att: Ms. Deborah Patta, Exec. Prod.: 3rd Degree: Req 3rd Degree Position on media corruption and media censorship

D.

[192] 01:53 PM: Att: Tim du Plessis, Editor: Beeld: Req Beeld Position on media corruption and media censorship

E.

[196] 02:45 PM: Att: Mr. Peter Bruce, Editor:Bus Day: Req Bus. Day Position on media corruption and media censorship

F.

[202] 03:42 PM: Att: City Press Ed: Ms. Ferial Haffajee; Req: City Press Position on media corruption and media censorship

158

PDF: http://www.scribd.com/doc/34064979/


G.

[203] 03:59 PM: Att: Daily Dispatch: Ed. Mr. Andrew Trench; Req: Daily Dispatch Position on media corruption and media censorship

H.

[208] 04:22 PM: Att: Daily Maverick: Ed: Mr. Brkic Branko; Req: Daily Maverick's Position on media corruption and media censorship

I.

[209] 04:40 PM: Att: Daily Sun Editor: Mr. Themba Khumalo; Req: Daily Sun's Position on media corruption and media censorship

J.

[217] 05:30 PM: Att: Die Burger Ed: Mr. Bun Booysens; Req: Die Burger comment on media corruption and media censorship

K.

[218] 05:36 PM: Att: ETV: E-News: Mr. Patrick Conroy; Req: E-News Comment on media corruption and media censorship

L.

[220] 05:43 PM: Att: Financial Mail: Ed: Mr. B. Mthombothi; Req: Financial Mail's Comment on media corruption and media censorship

M.

[224] 06:06 PM: Att: Ms. C. Naude, Editor; Req: Finweek's Position on media corruption and media censorship

N.

[227] 06:36 PM: Att: Mail and Guardian Editors; Req: Mail and Guardian Position on media corruption and media censorship

O.

[229] 06:50 PM: Att: Ms. Pheladi Gwangwa, Station Manager; Req: 702 Radio Position on media corruption and media censorship

P.

[233] 07:28 PM: Att: Ms. Lisa Albrecht, Editor; Req. Rapport's Position on media corruption and media censorship

Q.

[234] 07:35 PM: Att: Mr. van der Velden, Editor; Req. SA Press. Assoc. Position on media corruption and media censorship

R.

[236] 07:50 PM: Att: Mr. Bongani Keswa, Editor; Req. Sowetan Position on media corruption and media censorship

S.

[238] 08:59 PM: Att: Mr. Ray Hartley, Editor, Req. Sunday Times Position on media corruption and media censorship

T.

[241] 09:06 PM: Att: Mr. Jeremy McCabe, Editor; Req. The Herald Position on media corruption and media censorship

U.

[242] 09:16 PM: Att: Mr. A. Moos, Redakteur; Req. Volksblad Position on media corruption and media censorship


V.

[245] 12:03 PM: Att: Editor: Mr. Makhudu Sefara; Req. Sunday Independent Position on media corruption and media censorship

W.

[246] 12:22 AM: Att: Mr. Brendan Seery, Editor; Req Saturday Star's Position on media corruption and media censorship

X.

[247] 12:22 AM: Att: Cape Argus Editor: Mr. C. Whitfield, Req: Cape & Weekend Argus Position on media corruption and media censorship

Y.

[248] 12:22 AM: Att: Ed: Trevor Bruce; Req. Ind. on Saturday's Position on media corruption and media censorship

Z.

[249] 12:21 AM: Att: Ms. Z. Mkhuma, Editor; Req: Pretoria News Position on media corruption and media censorship

AA.

[250] 12:21 AM: Att: Mr. Philani Mgwaba, Editor, Req. Sunday Tribune Position on media corruption and media censorship

BB.

[251] 12:22 AM: Att: Daily News: Ed: Mr. Alan Dunn; Req: Daily News Position on media corruption and media censorship

CC.

[252] 12:22 AM: Att: Cape Times Ed: Ms. Alide Dasnois; Req: Cape Times Position on media corruption and media censorship

DD.

[254] 01:41 AM: Att: Mr. Toby Shapshak, Editor: Stuff; M&G journo on Truth Commission

EE.

[255] 01:55 AM: Prof. Rod Amner, School of Journalism and Media Studies at Rhodes University

FF.

[256] 01:55 AM: Fackson Banda Chair of Media and Democracy, School of Journalism and Media Studies at Rhodes University:

GG.

[257] 01:57 AM: Att: William Bird, director of Media Monitoring Africa:

HH.

[258] 01:56 AM: Guy Berger, head of the School of Journalism and Media Studies at Rhodes University:

II.

[259] 01:58 AM: Robert Brand, School of Journalism and Media Studies at Rhodes University.

JJ.

[260] 01:58 AM: Prof. Harry Dugmore, School of Journalism and Media Studies at Rhodes University:


KK.

[261] 02:00 AM: Prof. Harold Gess, School of Journalism and Media Studies at Rhodes University:

LL.

[262] 01:59 AM: Prof. Jane Duncan, Chair of Media and Information Society at Rhodes University:

29.

MM.

[264] 02:02 AM: Prof. Anton Harber, Professor of Journalism at Wits University.

NN.

[333159] 01:55 PM: Prof. Franz Kruger, Professor of Journalism at Wits University.

I received two responses, one from the editor of Finweek, Ms. Colleen Naude [#329], who stated that ‘the Concourt Case had nothing whatsoever to do with Finweek’, and the other from Prof. Guy Berger [#349] who said he would not be commenting, as ‘the issue would require more time than he could make available at this point, given his extremely overloaded workload.’

Interview with SANEF Chairperson Mr. Mondli Makhanya: 30.

Excerpts from Interview with Mr. Makhanya at 09:00 hrs on 27 July 2010:

31.

I informed him I had sent my questions to his secretary the previous day [#190160]. He stated he had not yet seen his email, so was unaware of the questions. I asked whether it was true that SANEF oppose the Protection of Information Bill. He said ‘Yes’.

32.

I stated that SANEF editors and journalists were aware of the Radical Honesty SA Amicus before the Constitutional Court, which alleges TRC fraud and media corruption, and was supported by the expert witness statements of Dr. Brad Blanton, on Radical Honesty, Being Specific about Anger and Forgiveness, and Dr. Michael Maher on How and Why Journalists Avoid the Environment Population Connection, but that this information was currently being censored by SA journalists and editors.

33.

He responded with “Take a step back. I am not sure where we are going with this. What did you send to SANEF?”

34.

I informed him I had sent SANEF a copy of the First Amicus filed with the Constitutional Court.

159 160

PDF First Amicus Proof of Service & Correspondence # 3: www.scribd.com/doc/35108620 PDF: http://www.scribd.com/doc/34064979/


35.

He responded that he did not know who I was and where I was phoning from.

36.

I said I am Lara Johnstone, I am the person who authored the Radical Honesty Amicus and I am attempting to ascertain why the media are censoring the information therein from the SA public.

37.

Makhanya: ‘if you don’t mind I would like to terminate this conversation. I think this is an ambush and I don’t like it. I have not seen the questions’.

38.

Johnstone: I sent you the questions the previous day, to his secretary.

39.

Makhanya: ‘Well I have not seen them, and I have a job to do, and I am not here to answer Lara’s questions whenever she wants.’

40.

Johnstone: ‘Mr. Makhanya, these are questions about media corruption that have been filed in the Constitutional Court, in a matter that SANEF are an Amicus Curiae party to. The media corruption allegations were provided to SANEF’s attorneys on 19 July 2010.’

41.

Makhanya: ‘Well I don’t know anything about these media corruption allegations. I would like to terminate this interview because I don’t know what you are talking about and this feels like an ambush.’

42.

Johnstone: ‘Mr. Makhanya, I am not sure how you could feel this is an ambush, when as a matter of integrity, I provided your secretary with the questions and the allegations of media corruption, to provide to you, in an email yesterday morning, almost 24 hours ago. How exactly is that an ambush?’

43.

Makhanya: ‘Well I have not seen the questions, I just walked into the office. So can you go point by point since I am not aware of the questions.’

44.

Johnstone: ‘No problem. I filed an Amicus Curiae as a member of the Radical Honesty culture and religion in the Constitutional Court matter of The Citizen v. Robert McBride. The Amicus alleges TRC fraud and media corruption and censorship. It is supported by two expert witnesses, Dr. Brad Blanton an expert on honesty, transparency and sincere forgiveness, who is a bestselling author, clinical psychologist and Honesty in Politics candidate for Congress in Virginia in 2004 and 2006. The other expert witness is Dr. Michael Maher, the author of the study How and Why Journalists Avoid the Environment-Population Connection. Since SANEF were informed of these allegations, not one SANEF publication has chosen to


inform the people of South Africa of these matters. It is my interpretation that SANEF editors are censoring this information from the SA public. My questions are related to attempting to understand how SANEF justifies this censorship in regards to SANEF’s alleged commitment to ethics, ethical discourse, freedom of expression, a culture of real debate of the highest standard, and alleged values of integrity, accountability and the public interest. How is censoring allegations of media corruption from the SA public, in the public’s interest?’ 45.

Makhanya: ‘Well this is the first I have heard of it, I can’t comment on something I don’t know anything about. It feels like I am being ambushed.’

46.

Johnstone: ‘Are you suggesting that it is my fault that your secretary did not forward you the questions I honourably and ethically sent you 24 hours ago?’

47.

Makhanya: ‘No, just that I have no seen the question.’

48.

Johnstone: ‘How would you suggest that I provide you with the questions prior to an interview, if your secretary does not forward them to you?’

49.

Makhanya: ‘I would prefer to end this interview right now, because I don’t know about the allegations you are referring to.’

50.

Secretary: ‘I did not send him the questions, because if I send him the questions for him to respond by email it could take months. It was best for you to speak to him and to provide him with the information over the phone, so he can respond to the questions as you put them to him.’

51.

Johnstone to Secretary: ‘I don’t know how the mainstream media operate, but I have a certain standard of honourable transparency ethics. If I am going to interview someone about a particular issue, and the issue is complex or negative, then I attempt to make sure they have the details of the issue I have questions about, prior to my interview.’

SANEF’s Auckland Park Declaration: 52.

On 08 August 2010, 37 SANEF editors published the ‘Auckland Park declaration’, wherein they state among others, that they ‘are deeply concerned about attempts to curtail freedom of expression and the free flow of information’. (United we


stand: Auckland Park Declaration, Sunday Times161 (PDF162), 8 August 2010; The Auckland Park Declaration, IOL163 (PDF164), 09 August 2010; Auckland Park Declaration an “opening gambit”, Gill Moodie, BizCommunity165 (PDF166), 10 August 2010) Radical Honesty SA Press Release to SAPA Wire Service: 53.

On 15 August at 12:39167 (PDF168), 14:07169 (PDF170), 15:25, 15:48, and 16:10; and on 16 August at 10:28 and 12:17171 (PDF172) the following Press Release is published on SAPA’s Domestic and International Wire Services: Attention: News Editor, Legal Editor, Court Reporters For immediate release: 15 August 2010 Radical Honesty SA Amicus, in Concourt # 23-10 CONCOURT: POPULATION POLICY COMMON SENSE INTERPRETATION OF TRC ACT On 03 May 2010, the Chief Justice of the Constitutional Court of South Africa approved the Application from Radical Honesty SA, to be admitted as Amicus in the civil defamation matter of The Citizen v. Robert McBride, on appeal from the Supreme Court of Appeal. The Radical Honesty SA application to intervene as Amicus had argued for a Population Policy Common Sense interpretation of the Promotion of National Unity and Reconciliation (TRC) Act. Radical Honesty is a small religion/culture founded on truth-telling and sensate forgiveness (Gestalt Therapy) by Dr. Brad Blanton, an American 'Honesty in Politics' politician, psychologist and bestselling author of the 'Radical Honesty' series of books. Dr. Blanton has filed an expert witness statement on behalf of the Radical Honesty SA Amicus. The Radical Honesty Population Policy Common Sense Amicus, filed on 18 July 2010, argues that a healthy ecological environment, with due regard for carrying capacity laws of sustainability is a sine qua non for all other constitutional rights. Put differently, any legislation or jurisprudence such as the TRC Act, which professes to advocate on behalf of human rights, peace and social justice, while ignoring their ecological basis - a stable human population at slightly less than the eco-systems carrying capacity – is endorsing and practicing legal dishonesty and hypocrisy; i.e. fraud. The legal precedence for the Radical Honesty Ecolaw argument is among others the International Court of Justice opinion of Vice President Weeramantry in the 1998 Hungary v. Slovakia case concerning the Gabcikovo-Nagymaros Project.

161

http://www.timeslive.co.za/sundaytimes/article591789.ece/United-we-stand--Auckland-Park-declaration http://www.scribd.com/doc/36260935 http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=iol1281333456629T245 164 http://www.scribd.com/doc/36260937 165 http://www.bizcommunity.com/Article/196/466/50901.html 166 http://www.scribd.com/doc/36265851 167 http://www.link2media.co.za/index.php?option=com_content&task=view&id=9305&Itemid=12 168 http://www.scribd.com/doc/36264917 169 http://www.link2media.co.za/index.php?option=com_content&task=view&id=9306&Itemid=12 170 http://www.scribd.com/doc/36264930 171 http://www.link2media.co.za/index.php?option=com_content&task=view&id=9316&Itemid=12 172 http://www.scribd.com/doc/36264896 162 163


The legal precedence for the Radical Honesty Ecolaw argument is among others the International Court of Justice opinion of Vice President Weeramantry in the 1998 Hungary v. Slovakia case concerning the Gabcikovo-Nagymaros Project. For this and other Radical Honesty and Population Policy Common Senseevidentiary reasons they ask the Concourt to acknowledge that a Radical Honesty Population Policy Common Senseinterpretation of the TRCAct renders the TRC's'crime of apartheid' conclusion, to be a falsification of history. The Radical Honesty SAAmicus was also served upon various TRC Commissioners, including Archbishop Tutu and Rev. Borraine, and the Nelson Mandela and FW de Klerk Foundations, on 20 July. As of date, neither the TRC Commissioners, nor the Nelson Mandela or FW de Klerk Foundations have disputed the aUegations in the Radical Honesty SAAmicus to the Constitutional Court. Other parties who have submitted Amicus Curiae's are the Freedom of Expression Institute (FXI), South African National Editors Forum (SANEF);Mrs. Joyce Mbizana and Mr. Mbasa Mxenge, and the Minister of Justice and Constitutional Development. Interestingly, on 12 August, Xinhua reported that in response to a public interest writ to a Bangladesh High Court, it instructed the government to provide it with a population growth report for the last 10 years, and to explain why the goverment should not be directed to implement additional population control measures. Radical Honesty SAAmicus Expert Witnesses include Dr. Brad Blanton on Radical Honesty: Being Specific about Anger and Forgiveness; and Dr. T. Michael Maher, Univ. of Louisiana Head of Educ. Dept, on Media's censorship of Population Issues. 18 July Radical Honesty SA Heads of Argument: PDF: www.scribd.com/doc/35890826 54.

Subsequent Media's Responsibility NONE.

to Inform / Public's Right to Know News articles:

55.

Choice of Cultural

of Law Legal Matters:

accordance

Law in Conflict

to Radical Honesty Cultural

Anger and Forgiveness

Social Contract:

Radical Honesty; i.e. in

Being Spetific About

(PDF173).

SIGNED and SWORN TO before me at George on this _ day of August, 2010; the Deponent having acknowledged that she knows and understands the contents of this affidavit, that she has no objecti0f.1 ...~~.~.~.~!.r:).~ the prescribed oath and that the oath is binding on her consc.i.~nce •..··-.......•...... - ..""" ••••.• '-

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[H] List of Primary & Secondary & Tertiary Evidentiary Documentation: Affidavit of Lara Johnstone, member of Radical Honesty culture and religion Annexures: A.

CCT 23-10: Concourt Chief Justice Order: 03 May 2010: Amicus Directions: Lara Johnstone: Member Radical Honesty Culture and Religion, (p.2) (PDF1).

B.

Radical Honesty Amicus Curiae to Constitutional Court: Case CCT 23-10: Filing Sheet, Practice Note and Heads of Argument for Lara Johnstone, in support of Radical Honesty Population Policy Common Sense interpretation of the Promotion of National Unity and Reconciliation Act, 34 of 1995 (p.50: Heads of Argument Only) (For Filing Sheet, Practice Note & Heads, p.64; See: PDF2)

Secondary Evidentiary Documentation C.

Auckland Park Declaration, by SANEF editors: United we stand: Auckland Park Declaration, Sunday Times3 (PDF4), 8 August 2010; The Auckland Park Declaration, IOL5 (PDF6), 09 August 2010; Auckland Park Declaration an “opening gambit”, Gill Moodie, BizCommunity7 (PDF8), 10 August 2010

D.

Filing Sheet – Written Submissions and Practice Note for South African National Editors Forum (SANEF) and Freedom of Expression Institute (FXI) (p.33) (PDF9)

E.

Correspondence to SANEF Editors; RE: (I) Request Official Comment on Free Speech Legal Issue:; (II) Att: SANEF Editor: Request Your Position on media corruption and media censorship; for: Tim du Plessis, Beeld10; Peter Bruce, Business Day11; Alan Dunn, Daily News12; Nic Dawes, Mail and Guardian13; Bun Booysen, Die Burger14; Chris Witfield, Cape Argus15; Alide Dasnois, Cape Times16; Martin Williams, The Citizen17; Themba Khumalo, Daily Sun18; Andrew Trench, Daily Dispatch19; Barney Mthombothi, Financial Mail20; Jeremy McCabe, The Herald21; Zingisa Mkhuma, Pretoria News22; Lisa Albrecht, Rapport23; Bongani Keswa, Sowetan24; Makhudu Sefara, Sunday Independent25; Ray Hartley, Sunday Times26;

1

PDF: www.scribd.com/doc/31036663 PDF: www.scribd.com/doc/34551212 3 http://www.timeslive.co.za/sundaytimes/article591789.ece/United-we-stand--Auckland-Park-declaration 4 http://www.scribd.com/doc/36260935 5 http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=iol1281333456629T245 6 http://www.scribd.com/doc/36260937 7 http://www.bizcommunity.com/Article/196/466/50901.html 8 http://www.scribd.com/doc/36265851 9 PDF: http://www.scribd.com/doc/33785122/ 10 Request Beeld’s Official Comment on Free Speech Legal Issue [PDF: www.scribd.com/doc/27357977] 11 Request Business Day’s Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27358006] 12 Request Daily News Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27741628] 13 Request Mail & Guardian’s Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743162] 14 Request Die Burger Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27823922] 15 Request Cape Argus Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27741568] 16 Request Cape Times Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27741584] 17 Request The Citizen Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743296] 18 Request Daily Sun Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27741638] 19 Request Daily Dispatch Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27741607] 20 Request Financial Mail Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743104] 21 Request The Herald’s Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743307] 22 Request Pretoria News Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743173] 23 Request Rapport Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743183] 24 Request Sowetan Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743231] 25 Request Sunday Independent Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743260] 26 Request Sunday Times Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743275] 2


Philani Mgwaba, Sunday Tribune27; Ainsley Moos, Volksblad28; Ferial Haffajee, City Press29; Jovial Rantao, The Star30; Mondli Makhanya, Avusa F.

How and Why Journalists Avoid the Population-Environment Connection, published in Population and Environment, Volume 18, Number 4, March 1977, by Dr. T. Michael Maher (p.29) (PDF31)

Tertiary Evidentiary Documentation: SANEF Anti-Censorship Representations to SA citizens, International Organizations, etc. and Responses, et al (Links only) o o o o o o o o o o o o o o 27

Group worried by corruption in media, Sapa, News2432 (PDF33), 07 July 2010 Why a media tribunal is a good idea, David Bullard, Newstime34 (PDF35), 24 July 2010 Sanef rejects tribunal proposals, News2436 (PDF37), 25 July 2010 Press Club condemns media tribunal, Sapa, News 2438 (PDF39), 27 July 2010 41 Censorship a dark, evil path, editors warn, IOL40 (PDF ), 27 July 2010 42 Ombud warns against media tribunal, Sapa, News 24 (PDF43), 30 July 2010 ANC’s media tribunal – watchdog with rabies, Chris Moerdyk, BizCommunity44 (PDF45), 30 July 2010 Nelson Mandela’s view of press freedom. Read before you leap, Peter Bruce, Business Day46 (PDF47), 01 August 2010 Suzman group fears media plans, Sapa, News 2448 (PDF49), 02 August 2010 Zille: We’ll be jailed for truth, Michael Hamlyn, News 2450 (PDF51), 02 August 2010 Taking the ANC media tribunal at face value, Guy Berger, Mail & Guardian Thought Leader52 (PDF53), 04 August 2010 Do we need a media tribunal? – Jeremy Cronin, UmsebenziOnline, Politicsweb54 (PDF55), 04 August 2010 Concern over media freedom, Sapa, News2456 (PDF57), 06 August 2010 Fears for ANC media plan, AFP, News2458 (PDF59), 08 August 2010

Request Sunday Tribune Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743285] Request Volksblad Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743073] 29 Request City Press Official Comment on Free Speech Legal Issue: [PDF: www.scribd.com/doc/27741601] 30 Request Saturday Star Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743217] 31 PDF: http://www.scribd.com/doc/33694415/ 32 http://www.news24.com/SouthAfrica/News/Group-worried-by-corruption-in-media-20100707# 33 http://www.scribd.com/doc/36260780 34 http://www.newstime.co.za/column/DavidBullard/_Why_a_media_tribunal_is_a_good_idea/9/1970/ 35 http://www.scribd.com/doc/36260821 36 http://www.news24.com/SouthAfrica/News/Sanef-rejects-tribunal-proposals-20100725# 37 http://www.scribd.com/doc/36260830 38 http://www.news24.com/SouthAfrica/News/Press-Club-condemns-media-tribunal-20100727# 39 http://www.scribd.com/doc/36260834 40 http://www.iol.co.za/index.php?set_id=1&click_id=3015&art_id=vn20100727045604323C825604 41 http://www.scribd.com/doc/36260156/ 42 http://www.news24.com/SouthAfrica/News/Ombud-warns-against-media-tribunal-20100730# 43 http://www.scribd.com/doc/36260854 44 http://www.bizcommunity.com/Article/196/15/50595.html 45 http://www.scribd.com/doc/36260853 46 http://blogs.businessday.co.za/peterbruce/2010/08/01/nelson-mandelas-view-of-press-freedom-read-before-you-leap/ 47 http://www.scribd.com/doc/36260864 48 http://www.news24.com/SouthAfrica/News/Suzman-group-fears-media-plans-20100730# 49 http://www.scribd.com/doc/36260866 50 http://www.news24.com/SouthAfrica/Politics/Zille-Well-be-jailed-for-truth-20100802 51 http://www.scribd.com/doc/36300151 52 http://www.thoughtleader.co.za/guyberger/2010/08/04/taking-the-anc-tribunal-at-face-value/ 53 http://www.scribd.com/doc/36260877 54 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=191240&sn=Detail 55 http://www.scribd.com/doc/36260888 56 http://www.news24.com/SouthAfrica/News/Law-society-worries-about-media-freedom-20100806 57 http://www.scribd.com/doc/36260890 58 http://www.news24.com/SouthAfrica/News/Fears-for-ANC-media-plan-20100808# 28


o o o o o o o o o o o o o

o o o o o

59

Editors appeal to ANC over tribunal, Sapa, News2460 (PDF61), 08 August 2010 SA media under threat or so they claim, David Bullard, NewsTime62 (PDF63), 08 August 2010 United we stand: Auckland Park Declaration, Sunday Times64 (PDF65), 8 August 2010 ANC should substantiate tribunal statements, Sapa, IOL66 (PDF67), 09 August 2010 The Auckland Park Declaration, IOL68 (PDF69), 09 August 2010 Back up tribunal statements, ANC told, Sapa, News 2470 (PDF71), 09 August 2010 SA journos fight proposed media laws, News2472 (PDF73), 09 August 2010 Editors united against proposed media restrictions, Editors, Politicsweb74 (PDF75), 09 August 2010 ANC stands firm on media tribunal, Fienie Grobler, Mail & Guardian76 (PDF77), 10 August 2010 Auckland Park Declaration an “opening gambit”, Gill Moodie, BizCommunity78 (PDF79), 10 August 2010 ‘Most Citizens Agree on Need’ for Media Tribunal, Sibongakonke Shoba, BusinessDay80 (PDF81), AllAfrica82, 11 August 2010 ANC v media, the Liliesleaf chapter, Stephen Grootes, Daily Maverick83 (PDF84), 11 August 2010 In Open Letter, IPI Urges South African President Jacob Zuma to Address Press Freedom Concerns, Naomi Hunt, Press Freedom Advisor for Africa and Middle East, International Press Institute85 (PDF86), 11 August 2010 Media gets another ally in Ramphele, Sapa, News2487 (PDF88), 11 August 2010 Sexwale supports media freedom, News2489 (PDF90), 11 August 2010 Zuma: Media overboard at times, Sapa, News2491 (PDF92), 11 August 2010 Media watchdog slams reporting rules, AFP, News2493 (PDF94), 12 August 2010 S Africa planned media laws ‘threaten independence’, AFP, YahooNews95 (PDF96), 12 August 2010

http://www.scribd.com/doc/36260893 http://www.news24.com/SouthAfrica/Politics/Editors-appeal-to-ANC-over-tribunal-20100808# http://www.scribd.com/doc/36260895 62 http://www.newstime.co.za/column/DavidBullard/SA_media_under_threator_so_they_claim/9/2034/ 63 http://www.scribd.com/doc/36260933 64 http://www.timeslive.co.za/sundaytimes/article591789.ece/United-we-stand--Auckland-Park-declaration 65 http://www.scribd.com/doc/36260935 66 http://www.iol.co.za/index.php?set_id=1&click_id=6&art_id=nw20100809133605234C529344 67 http://www.scribd.com/doc/36260936 68 http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=iol1281333456629T245 69 http://www.scribd.com/doc/36260937 70 http://www.news24.com/SouthAfrica/News/Back-up-tribunal-statements-ANC-told-20100809# 71 http://www.scribd.com/doc/36260940 72 http://www.news24.com/SouthAfrica/News/SA-journos-fight-proposed-media-laws-20100809# 73 http://www.scribd.com/doc/36260776 74 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71654?oid=192253&sn=Detail 75 http://www.scribd.com/doc/36260463 76 http://www.mg.co.za/article/2010-08-10-anc-stands-firm-on-media-tribunal 77 http://www.scribd.com/doc/36289390 78 http://www.bizcommunity.com/Article/196/466/50901.html 79 http://www.scribd.com/doc/36265851 80 http://www.businessday.co.za/articles/Content.aspx?id=117605 81 http://www.scribd.com/doc/36289419 82 http://allafrica.com/stories/201008110584.html 83 http://www.thedailymaverick.co.za/article/2010-08-11-anc-vs-media-the-liliesleaf-chapter 84 http://www.scribd.com/doc/36289444 85 http://www.freemedia.at/singleview/5095/ 86 http://www.scribd.com/doc/36289475 87 http://www.news24.com/SouthAfrica/News/Media-gets-another-ally-in-Ramphele-20100811# 88 http://www.scribd.com/doc/36289495 89 http://www.news24.com/SouthAfrica/News/Sexwale-supports-media-freedom-20100811# 90 http://www.scribd.com/doc/36289504 91 http://www.news24.com/SouthAfrica/News/Zuma-Media-overboard-at-times-20100811 92 http://www.scribd.com/doc/36289521 93 http://www.news24.com/SouthAfrica/News/Media-watchdog-slams-reporting-rules-20100812# 94 http://www.scribd.com/doc/36289543 60 61


o o o o o o o o o o o o o o o o

95

IPI urges Zuma to address press freedom concerns, Business Report97 (PDF98), 12 August 2010 Global criticism of proposed bill, Cedric Mboyisa, The Citizen99 (PDF100), 12 August 2010 Media body must get off its high horse – ANC, Marumo Machete, City Press101 (PDF102), 12 August 2010 Media: We won’t negotiate with terrorists. Or about ANC media tribunals, Philip de Wet, Daily Maverick103 (PDF104), 12 August 2010 IPI joins media tribunal furore, IOL105 (PDF106), Daily News107, 12 August 2010 Media tribunal a risky move – WEF, Sapa, IOL108 (PDF109), 12 August 2010 Press group: South Africa media tribunal threat to journalism, Daniel Richey, Jurist Legal News & Research110 (PDF111), 12 August 2010 SA’s press freedom debate goes global, Mail and Guardian112 (PDF113), 12 August 2010 Zuma urged to address press concerns, Sapa, N24114 (PDF115), 12 August 2010 Media freedom under threat in SA – IPI116, Alison Bethel-McKenzie, Politicsweb (PDF117), 12 August 2010 IPI urges Zuma to address media freedom concerns, Sapa, Sunday Times118 (PDF119), 12 August 2010 SA business, a silent witness to the slaughter of media freedom, Mandy de Waal, Daily Maverick120 (PDF121), 13 August 2010 Is the media a mirror of SA society?, IOL122 (PDF123), 13 August 2010 PAC rejects media appeals tribunal, Sapa, Pretoria News124, IOL125 (PDF126), 13 August 2010 Deconstructing Zuma and his letter on the media tribunal, Phillip de Wet, Daily Maverick127 (PDF128), 15 August 2010 Why newspaper editors pose a greater threat to freedom of speech than the ANC, David Bullard, Newstime129 (PDF130), 15 August 2010

http://news.yahoo.com/s/afp/20100812/wl_africa_afp/safricamedialawpoliticsrightsipi_20100812095836 http://www.scribd.com/doc/36289587 http://www.busrep.co.za/?fArticleId=5599061 98 http://www.scribd.com/doc/36289612 99 http://www.citizen.co.za/index.php?option=com_content&view=article&id=105964&catid=80:breaking-news&Itemid=132 100 http://www.scribd.com/doc/36289639 101 http://www.citypress.co.za/SouthAfrica/Media-body-must-get-off-its-high-horse-ANC-20100812 102 http://www.scribd.com/doc/36289661 103 http://www.thedailymaverick.co.za/article/2010-08-12-media-we-wont-negotiate-with-terrorists-or-about-anc-mediatribunals 104 http://www.scribd.com/doc/36289682 105 http://www.iol.co.za/index.php?art_id=nw20100812110032115C496967&click_id=3095&set_id=1 106 http://www.scribd.com/doc/36289699 107 http://www.dailynews.co.za/?fSectionId=3532&fArticleId=nw20100812110032115C496967&fFeed=breakingnews 108 http://www.iol.co.za/index.php?set_id=1&click_id=24&art_id=nw20100812193708923C540300 109 http://www.scribd.com/doc/36289720 110 http://jurist.org/paperchase/2010/08/press-group-south-africa-media-tribunal-threat-to-journalism.php 111 http://www.scribd.com/doc/36289733 112 http://www.mg.co.za/article/2010-08-12-sas-pressfreedom-debate-goes-global 113 http://www.scribd.com/doc/36289745 114 http://www.news24.com/SouthAfrica/News/Zuma-urged-to-address-press-concerns-20100812# 115 http://www.scribd.com/doc/36289759 116 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page72308?oid=192896&sn=Detail&pid=72308 117 http://www.scribd.com/doc/36289776 118 http://www.timeslive.co.za/local/article598043.ece/IPI-urges-Zuma-to-address-media-freedom-concerns 119 http://www.scribd.com/doc/36290294 120 http://www.thedailymaverick.co.za/article/2010-08-13-sa-business-a-silent-witness-to-the-slaughter-of-media-freedom 121 http://www.scribd.com/doc/36290350 122 http://www.iol.co.za/index.php?click_id=13&set_id=1&art_id=nw20100813184827675C466388 123 http://www.scribd.com/doc/36290357 124 http://www.pretorianews.co.za/?fSectionId=&fArticleId=nw20100813123224802C710445&fFeed=sanews 125 http://www.iol.co.za/?art_id=nw20100813123224802C710445 126 http://www.scribd.com/doc/36290367 127 http://www.thedailymaverick.co.za/opinionista/2010-08-15-deconstructing-zuma-and-his-letter-on-the-media-tribunal 128 http://www.scribd.com/doc/36290397 96 97


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Why ANC hates a free press, Justice Malala, Sunday Times131 (PDF132), 15 August 2010 En garde, guardians, Jacob Zuma, Sunday Times133 (PDF134), 15 August 2010 South African journalists condemn efforts to silence them, David Smith, The Guardian135 (PDF136), 15 August 2010 ‘Let the real media debate begin’, Eleanor Momberg, IOL137 (PDF138), 15 August 2010 Muzzling the media won’t stop the anger, Mr. Zuma, Peter Bruce, Business Day139 (PDF140), 16 August 2010 In ANC bill, South African media see threat to press freedom, Scott Bauldauf, Christian Science Monitor141 (PDF142), 16 August 2010 Analysis: The ANC's anti-media campaign and its unexpected brilliance, Branko Brkic, Daily Maverick143 (PDF144), 16 August 2010 Chilling assault on South Africa’s press, Michael Skapinker, Financial Times145, 16 August 2010 US media urges Zuma to shelve tribunal, Sapa, Sunday Times146 (PDF147), 16 Aug 2010 South Africa’s media cry foul, Azad Essa, AlJazeera148 (PDF149), 16 August 2010 John Kane-Berman: ANC’s media clampdown is not the leopard changing his spots, John Kane-Berman, Business Day150 (PDF151), 16 August 2010 In South Africa, legislation would restrict press, Committee to Protect Journalists, CPJ152 (PDF153), PrintMedia154 (PDF155), 16 August 2010 In South Africa a new struggle for Press Freedom, Jackie Bischof, CPJ156 (PDF157), 17 August 2010 Journalists fear return to apartheid-era laws, Andrew Geoghegan, ABC News158 (PDF159), 17 August 2010 SA's Press Ombudsman speaks: Stop the madness, by Press Ombudsman Joe Thloloe, Daily Maverick160 (PDF161), 17 August 2010 The media will lose this battle, Ivo Vegter, Daily Maverick162 (PDF163), 17 August 2010

http://www.newstime.co.za/rs_articles_contributors.asp?conid=9&recid=2072 http://www.scribd.com/doc/36290446 http://www.timeslive.co.za/opinion/columnists/article603992.ece/Why-ANC-hates-a-free-press 132 http://www.scribd.com/doc/36290486 133 http://www.timeslive.co.za/opinion/article603981.ece/En-garde-guardians 134 http://www.scribd.com/doc/36290463 135 http://www.guardian.co.uk/world/2010/aug/15/south-africa-media-censorship 136 http://www.scribd.com/doc/36290411 137 http://www.iol.co.za/?art_id=vn20100815072807241C785294 138 http://www.scribd.com/doc/36290419 139 http://blogs.businessday.co.za/peterbruce/2010/08/16/muzzling-the-media-wont-stop-the-anger-mr-zuma/ 140 http://www.scribd.com/doc/36291952 141 http://www.csmonitor.com/World/Africa/2010/0816/In-ANC-bill-South-African-media-see-threat-to-press-freedom 142 http://www.scribd.com/doc/36291968 143 http://www.thedailymaverick.co.za/article/2010-08-16-analysis-the-ancs-anti-media-campaign-and-its-unexpectedbrilliance 144 http://www.scribd.com/doc/36292044 145 http://www.ft.com/cms/s/0/a181b070-a968-11df-a6f2-00144feabdc0.html 146 http://www.timeslive.co.za/local/article606034.ece/US-media-urges-Zuma-to-shelve-tribunal 147 http://www.scribd.com/doc/36292086 148 http://english.aljazeera.net/focus/2010/08/201088184658607462.html 149 http://www.scribd.com/doc/36290161 150 http://www.businessday.co.za/articles/Content.aspx?id=118072 151 http://www.scribd.com/doc/36291924 152 http://cpj.org/2010/08/in-south-africa-legislation-would-restrict-press.php 153 http://www.scribd.com/doc/36292003 154 http://www.printmedia.org.za/press/2010/08/16/149 155 http://www.scribd.com/doc/36292060 156 http://cpj.org/blog/2010/08/in-south-africa-a-new-struggle-for-press-freedom.php 157 http://www.scribd.com/doc/36292285 158 http://www.abc.net.au/news/stories/2010/08/18/2986773.htm 159 http://www.scribd.com/doc/36292125 160 http://www.thedailymaverick.co.za/article/2010-08-17-sas-press-ombudsman-speaks-stop-the-madness 161 http://www.scribd.com/doc/36292335 130 131


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South African editors fear ‘onslaught’, Simon Mundy, Financial Times164, 17 August 2010 ANC likens media to Bin Laden – SANEF, Sapa, Sunday Times165 (PDF166), 17 August 2010 The Dark Ages Return to South Africa, by R.W. Johnson, Wall Street Journal167 (PDF168), 17 August 2010 Should Africa’s media be “nation builders”, Alex Jakana, BBC169 (PDF170), 17 August 2010 S. African media slam ‘Orwellian’ regulation plans, AFP171 (PDF172), 17 August 2010 S. Africa new media laws mirror that of apartheid: CPJ, Marius Bosch, Reuters173 (PDF174), 17 August 2010 The Totalitarian Risk facing South Africa, Frans Cronje, Politicsweb175 (PDF176), 17 August 2010 Former Star Editor Harvey Tyson on the media tribunal, Chris Moerdyk, Biz Community177 (PDF178), 17 August 2010 Drop the media tribunal if you want debate about the press, Guy Berger, Mail & Guardian Thought Leader179 (PDF180), 17 August 2010 Strong resistance to tribunal plans, Noni Mokati, The Citizen181 (PDF182), 17 August 2010 Sanef: Journos will be jailed, Sapa, News 24183 (PDF184), 17 August 2010 Statutory control of media unwise, says business group, City Press185 (PDF186), 17 August 2010 In South Africa, a new struggle for press freedom, Jackie Bischof, The Accra Mail187 (PDF188), Ghana, 18 August 2010 US ambassador highlightes SAfrica media controversy, Donna Bryson, Associated Press189 (PDF190), 18 August 2010 Business leaders raise voice for press freedom, Siseko Njobeni, Business Day191 (PDF192), 18 August 2010 As public service unions embark on an indefinite strike, Vavi attacks ANC, SACP over media, Branko Brkic, Daily Maverick193 (PDF194), 18 August 2010

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SABC, government’s inconvenient truth in the ‘no holy cows’ media debate, Mandy de Waal, Daily Maverick195 (PDF196), 18 August 2010 ANC’s multi-pronged assault on ideal of open. Free society, Lwazi Kubukeli, Dispatch197 (PDF198), 18 August 2010 Media control ‘not for modern economies, Sapa, Fin24199 (PDF200), 18 August 2010 PnP speaks out on media freedom, Sapa, Fin 24201 (PDF202), 18 August 2010 Media tribunal: Business sector backs press, IOL203 (PDF204), 18 August 2010 Media control incompatible with sophisticated economies – SACCI, Neren Rau, Politicsweb205 (PDF206), 18 August 2010 SAJBD concerned over ANC plans for media, SA Jewish Board of Deputies, Politicsweb207 (PDF208), 18 August 2010 US envoy criticises proposed S.Africa media curbs, Ed Cropley, Reuters209 (PDF210), 18 August 2010 BMF join assault on media, Sapa, IOL211 (PDF212), Sunday Times213 (PDF214), 18 August 2010 Jewish Board of Deputies dubious on tribunal, Sapa, Sunday Times215 (PDF216), 18 August 2010 Oppose attempts to curtain press freedom: Pick ‘n Pay, Sapa, Sun Times217 (PDF218) 18 August 2010 Sacci slams media control, Sapa, Sunday Times219 (PDF220), 18 August 2010 Measures a regression to apartheid days, Weekend Post221 (PDF222), 18 August 2010 ‘Journos face the risk of going to jail’, Sapa, Sowetan223 (PDF224), 18 August 2010 Why business should oppose media restrictions – Gareth Ackerman, Politicsweb225 (PDF226), 18 August 2010 US ambassador calls for South African government, journalists to find solution over bills, Donna Bryson, Canadian Press227 (PDF228), 18 August, 2010

http://www.thedailymaverick.co.za/article/2010-08-18-as-public-service-unions-embark-on-an-indefinite-strike-vaviattacks-anc-sacp-over-media 194 http://www.scribd.com/doc/36292845 195 http://www.thedailymaverick.co.za/article/2010-08-18-sabc-governments-inconvenient-truth-in-the-no-holy-cowsmedia-debate 196 http://www.scribd.com/doc/36292882 197 http://www.dispatch.co.za/article.aspx?id=426359 198 http://www.scribd.com/doc/36292908 199 http://www.fin24.com/Business/Media-control-not-for-modern-economies-20100818 200 http://www.scribd.com/doc/36292925 201 http://www.fin24.com/Companies/PnP-speaks-out-on-media-freedom-20100818 202 http://www.scribd.com/doc/36292944 203 http://www.iol.co.za/index.php?from=rss_South%20Africa&set_id=1&click_id=13&art_id=nw20100818093320792C862670 204 http://www.scribd.com/doc/36292960 205 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=193973&sn=Marketingweb+detail 206 http://www.scribd.com/doc/36292979 207 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=193974&sn=Marketingweb+detail 208 http://www.scribd.com/doc/36292999 209 http://af.reuters.com/article/southAfricaNews/idAFLDE67H1K120100818?sp=true 210 http://www.scribd.com/doc/36293036 211 http://www.iol.co.za/index.php?from=rss_South%20Africa&set_id=1&click_id=13&art_id=nw20100818124730500C688096 212 http://www.scribd.com/doc/36293046 213 http://www.timeslive.co.za/local/article609418.ece/BMF-joins-assault-on-media 214 http://www.scribd.com/doc/36293092 215 http://www.timeslive.co.za/business/article609373.ece/Jewish-Board-of-Deputies-dubious-on-tribunal 216 http://www.scribd.com/doc/36293818 217 http://www.timeslive.co.za/local/article609058.ece/Oppose-attempts-to-curtail-press-freedom--Pick-n-Pay 218 http://www.scribd.com/doc/36293857 219 http://www.timeslive.co.za/business/article609853.ece/Sacci-slams-media-control 220 http://www.scribd.com/doc/36293897 221 http://www.weekendpost.co.za/opinion/article.aspx?id=596159 222 http://www.scribd.com/doc/36293934 223 http://www.sowetanlive.co.za/news/2010/08/18/journos-face-the-risk-of-going-to-jail 224 http://www.scribd.com/doc/36293068 225 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=194023&sn=Marketingweb+detail 226 http://www.scribd.com/doc/36293016 227 http://www.google.com/hostednews/canadianpress/article/ALeqM5gB5NZSzdY040MVT_n8Y6lwuD2mJQ


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Free press is key for democracy – envoy, Ed Cropley, IOL229 (PDF230), 18 August 2010 Your easy peasy 1-2-3 guide to the threats to our media freedom, Gill Moodie, Grubstreet231 (PDF232), 19 August 2010 Media freedom is about more than information, US ambassador, Pick n Pay chairman agree, Philip de Wet, Daily Maverick233 (PDF234), 19 August 2010 Analysis: The media freedom debate’s new powerful voice, J Brooks Spector, Daily Maverick235 (PDF236), 19 August 2010 Ambassador warns SA over media tribunal, Loyiso Lengeni, Business Day237 (PDF238), 19 August 2010 Media ‘undermines progressive forces’, Sapa, IOL239 (PDF240), 19 August 2010 Nzimande lashes out at media, Sapa, News24241 (PDF242), 19 August 2010 Newspaper gets a caning, Sapa, IOL243 (PDF244), 19 August 2010 Cabinet to meet editors on media freedom, City Press245 (PDF246), 19 August 2010 Govt: There’s no intention to limit media freedom, Emsie Ferreira and Jacques Keet, Mail and Guardian247 (PDF248), 19 August 2010 ‘No plans to withdraw media bill’, IOL249 (PDF250), 19 August 2010 Editor prods business to speak out about media, Mail and Guardian251 (PDF252), 19 August 2010 Tutu urges South Africans to fight for press freedom, Brendan Boyle, Sun Times253 (PDF254), 19 August 2010 ANC criticism of media ‘ironic’, Petro-Anne Morkel, News 24255 (PDF256), 19 Aug 2010 Jeremy Cronin slams media, Sunday Times257 (PDF258), 19 August 2010 Pallo Jordaan gives ANC a history lesson, Tutu preaches sedition, Philip de Wet, Daily Maverick259 (PDF260), 20 August 2010 Bar: Info Bill Unconstitutional, Sapa, News 24261, TimesLive262 (PDF263), 20 Aug 2010

http://www.scribd.com/doc/36292800 http://www.iol.co.za/index.php?from=rss_South%20Africa&set_id=1&click_id=13&art_id=nw20100818222643720C676373 230 http://www.scribd.com/doc/36292951 231 http://grubstreet.co.za/2010/08/your-easy-peasy-1-2-3-guide-to-the-threats-to-our-media-freedom/ 232 http://www.scribd.com/doc/36294142 233 http://www.thedailymaverick.co.za/article/2010-08-19-media-freedom-is-about-more-than-just-information-usambassador-pick-n-pay-chairman-agree 234 http://www.scribd.com/doc/36294084 235 http://www.thedailymaverick.co.za/article/2010-08-19-analysis-the-media-freedom-debates-new-powerful-voice 236 http://www.scribd.com/doc/36294052 237 http://www.businessday.co.za/articles/Content.aspx?id=118388 238 http://www.scribd.com/doc/36293971 239 http://www.iol.co.za/index.php?from=rss_South%20Africa&set_id=1&click_id=13&art_id=nw20100819134849551C332338 240 http://www.scribd.com/doc/36294169 241 http://www.news24.com/SouthAfrica/News/Nzimande-lashes-out-at-media-20100819# 242 http://www.scribd.com/doc/36294323 243 http://www.iol.co.za/index.php?from=rss_South%20Africa&set_id=1&click_id=13&art_id=vn20100819123813571C968011 244 http://www.scribd.com/doc/36294195 245 http://www.citypress.co.za/SouthAfrica/News/Cabinet-to-meet-editors-on-media-freedom-20100819 246 http://www.scribd.com/doc/36294006 247 http://www.mg.co.za/article/2010-08-19-govt-theres-no-intention-to-limit-media-freedom 248 http://www.scribd.com/doc/36294262 249 http://www.iol.co.za/index.php?from=rss_South%20Africa&set_id=1&click_id=13&art_id=nw20100819123358490C223628 250 http://www.scribd.com/doc/36294211 251 http://www.mg.co.za/article/2010-08-19-editor-prods-business-to-speak-out-about-media 252 http://www.scribd.com/doc/36294237 253 http://www.timeslive.co.za/incoming/article612348.ece/Tutu-urges-South-Africans-to-fight-for-press-freedom 254 http://www.scribd.com/doc/36294456 255 http://www.news24.com/SouthAfrica/News/ANC-criticism-of-media-ironic-20100819 256 http://www.scribd.com/doc/36294286 257 http://www.timeslive.co.za/local/article611776.ece/Jeremy-Cronin-slams-media 258 http://www.scribd.com/doc/36294405 259 http://www.thedailymaverick.co.za/article/2010-08-20-pallo-jordan-gives-anc-a-history-lesson-tutu-preaches-sedition 260 http://www.scribd.com/doc/36296941 261 http://www.news24.com/SouthAfrica/News/Bar-Info-Bill-unconstitutional-20100820 262 http://www.timeslive.co.za/local/article614077.ece/Information-bill-unconstitutional--GCB 263 http://www.scribd.com/doc/36297070 229


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Payments to reporters tip of iceberg: editor, Ella Smook, IOL264 (PDF265), 20 Aug 2010 Top Writers condemn Protection of Information Bill, Business Day266 (PDF267) (Full Statement by SA Wrioters who oppose Information Bill, (PDF268/269); The Times Editorial warning against the Information Bill - Darkening Rainbow, Business Day270 (PDF271/272); South Africa’s Road to Zimbabwe – Financial Times editorial Thursday 19 August, Business Day273 (PDF274/275), 20 August 2010 Writers protest against proposed media controls, Mail & Guardian276 (PDF277), 20 August 2010 10 problems with the state secrecy bill, RAK Vahed SC, Politicsweb278 (PDF279), 20 August 2010 Smaller parties against secrecy law – FF+, Corne Mulder, Politicsweb280 (PDF281), 20 August 2010 Ruth First would have supported media tribunal – Nzimande, Blade Nzimande, Politicsweb282 (PDF283), 20 August 2010 Op-Ed: Defend democracy – don’t gag it!, Ronnie Kasrils, Daily Maverick284 (PDF285), 21 August 2010 Muzzle bill threat to education, Rowan Philp, TimesLive286 (PDF287), 22 August 2010 UCT opposed to state secrecy bill, Max Price, Politicsweb288 (PDF289), 22 Aug 2010 The ANC and Freedom of Expression – Pallo Jordaan, Pallo Jordaan, Politicsweb290 (PDF291), 22 August 2010 Cosatu supports media tribunal, Sapa, News 24292 (PDF293), 22 August 2010 Leading authors launch anti-tribunal petition, Maureen Isaacson, IOL294 (PDF295), 22 August 2010 WAN-IFRA and WEF slam ANC’s media plans, Gavin O’Reilly – Xavier Vidal-Folch, Politicsweb296 (PDF297), 22 August 2010

http://www.iol.co.za/index.php?from=rss_South%20Africa&set_id=1&click_id=13&art_id=vn20100820125549286C577723 http://www.scribd.com/doc/36296957 http://www.businessday.co.za/articles/Content.aspx?id=118706 267 http://www.scribd.com/doc/36296912 268 http://images.businessday.co.za/writers%20protest.pdf 269 http://www.scribd.com/doc/36294487 270 http://www.businessday.co.za/articles/Content.aspx?id=118706 271 http://images.businessday.co.za/Darkening%20Rainbow.pdf 272 http://www.scribd.com/doc/36296881 273 http://www.businessday.co.za/articles/Content.aspx?id=118706 274 http://images.businessday.co.za/ftzim.pdf 275 http://www.scribd.com/doc/36293780 276 http://www.mg.co.za/article/2010-08-20-writers-protest-against-proposed-media-controls 277 http://www.scribd.com/doc/36296969 278 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=194401&sn=Marketingweb+detail 279 http://www.scribd.com/doc/36296990 280 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=194397&sn=Marketingweb+detail 281 http://www.scribd.com/doc/36297031 282 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=194403&sn=Marketingweb+detail 283 http://www.scribd.com/doc/36297013 284 http://www.thedailymaverick.co.za/article/2010-08-21-op-ed-defend-democracy-dont-gag-it 285 http://www.scribd.com/doc/36297094 286 http://www.timeslive.co.za/sundaytimes/article615756.ece/Muzzle-bill-threat-to-education 287 http://www.scribd.com/doc/36297209 288 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=194557&sn=Marketingweb+detail 289 http://www.scribd.com/doc/36297167 290 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=194572&sn=Marketingweb+detail 291 http://www.scribd.com/doc/36297140 292 http://www.news24.com/SouthAfrica/Politics/Cosatu-supports-media-tribunal-20100822# 293 http://www.scribd.com/doc/36297122 294 http://www.iol.co.za/index.php?from=rss_South%20Africa&set_id=1&click_id=13&art_id=vn20100822110128581C385285 295 http://www.scribd.com/doc/36297107 296 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=194556&sn=Marketingweb+detail 297 http://www.scribd.com/doc/36297184 265 266


IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA Case No. CCT 23/10

In the Matter Between: THE CITIZEN 1978 (PTY) LIMITED

KEVIN KEOGH

First Applicant (First Respondent in leave to cross-appeal) Second Applicant (Second Respondent in leave to cross-appeal)

MARTIN WILLIAMS

Third Applicant (Third Respondent in leave to cross-appeal)

ANDREW KENNEY

Fourth Applicant

And ROBERT JOHN MCBRIDE

First Respondent (Applicant in leave to cross-appeal)

And LARA JOHNSTONE

First Amicus Curiae

THE FREEDOM OF EXPRESSION INSTITUTE

Second Amicus Curiae

THE S.A. NATIONAL EDITORS FORUM

Third Amicus Curiae

JOYCE SIBANYONI MBIZANA

Fourth Amicus Curiae

MBASA MXENGE

Fifth Amicus Curiae

FILING SHEET: AMENDED1 PRACTICE NOTE AND WRITTEN SUBMISSIONS (HEADS OF ARGUMENT2) FOR LARA JOHNSTONE; IN SUPPORT OF RADICAL HONESTY POPULATION POLICY COMMON SENSE INTERPRETATION OF PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, 34 OF 1995 1 2

10-07-18: 1st Amicus: HoA Condonation: Radical Honesty Interpretation of TRC Act [PDF: www.scribd.com/doc/34551198] 10-07-18: 1st Amicus: Heads of Argument: Radical Honesty Interpretation of TRC Act [PDF: www.scribd.com/doc/34551212]

1


Presented for Filing: 1.

Amended Heads of Argument Written Submissions for Lara Johnstone (Radical Honesty - SA); and

2.

Practice Note for Amended Heads of Argument Submissions, for Lara Johnstone (Radical Honesty â&#x20AC;&#x201C; SA)

_________________________ LARA JOHNSTONE First Amicus, Pro Se PO Box 5042, George East, 6539 Cel: (071) 170 1954 Email: jmcswan@mweb.co.za

TO:

REGISTRAR OF THE COURT Snr. Registrars Clerk: Delano Louw Tel: (011) 359-7400 || Fax: (011) 339-5098 E-mail: louw@concourt.org.za

Served Copy on 19 July 20103 [# 152@03:51AM] Ack. Receipt: 19 July 2010 [# 154@07:38AM]

AND TO: WILLEM DE KLERK ATTORNEYS Attorneys for the Applicants P O box 84162, Greenside, 2034 Tel: (011) 717 8562/37 | Fax: (011) 486 4506 Cell: (082) 880 6844 Email: wdeklerk@telkomsa.net CC: Adv. W. Trengrove, S.C. Tel: (011) 291 8600 Fax: (011) 291 8666 Cell: (082) 337 0852 Email: wimtrengove@law.co.za

Served Copy on 19 July 20104 [#150@03:28AM] Ack. Rec. on 21 July 2010 [Cell: 082-337 0852@12:22]

AND TO: MASHIANE MOODLEY MONAMA Attorneys for the Respondent 39 Wierda Road West Wierda Valley, Sandton JOHANNESBURG Tel: (011) 303 7900 Fax: (011) 303 7993 / 7902

Served Copy on 19 July 20105 [#150@03:28AM] Ack. Receipt: 19 July 2010 [#151, 157 & 158]

3 4 5

PDF: First Amicus: Transcript: Correspondence & Email Service: [PDF: www.scribd.com/doc/34064979] PDF: First Amicus: Transcript: Correspondence & Email Service: [PDF: www.scribd.com/doc/34064979] PDF: First Amicus: Transcript: Correspondence & Email Service: [PDF: www.scribd.com/doc/34064979]

2


Email: monamar@m4attorneys.co.za David Maphakela: dmaphakela@m4attorneys.co.za CC: Adv. D.I Berger S.C. Tel: (011) 263 8900 Fax: (011) 263 8956 Cell: (083) 455 3887 Email: diberger@chambers.co.za

AND TO: WEBBER WENTZEL Attorneys for the Second, Third, Fourth & Fifth Amici 10 Fricker Road, Illovo Boulevard JOHANNESBURG, 2196 Tel: (011) 530 5607 | Fax: (011) 530 6232 Ref: D. Milo/O Ampofo-Anti 2039305 Email: dario.milo@webberwentzel.com Email: okyerebea.ampofo-anti@webberwentzel.com CC: Adv. Gilbert Marcus, S.C. Tel: 011 291 8600 | Fax: 011 291 8666 Cell: 083 452 5105 Email: gjmarcus@mweb.co.za

Served Copy on 19 July 20106 [#150@03:28] Ack Receipt: 19 July 2010 [#153 & # 155]

AND TO: THE MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT c/o: THE STATE ATTORNEY 8th Floor, Bothongo Heights, 167 Andries Street PRETORIA Tel: (012) 309 1500 | Fax: (012) 328 2662/3 c/o STATE ATTORNEY 95 Market Street, Cnr. Kruis Street North State Building, 11th Floor JOHANNESBURG Tel: (011) 330 7600 | Fax: (011) 337 6200 Cell: (082) 926 0705 Email: Vdhulam@justice.gov.za Ref: Mr. V Dhulam

Served Copy on 19 July 20107 [#150@03:28] Ack. Rec. on 21 July 2010 [Cell: 082-926 0705 @ 11:59]

HONOURABLE TRANSPARENCY COPY8: ‘RH REFUGEE’: (i) MIN. OF CITIZENSHIP & IMMIG., CANADA: MR. KENNEY; (ii) NOBEL INST.: NORWEGIAN NOBEL COMM. Ref9: South Africa’s Unrepresented White Refugees: High Court: WC # 19963-09: Notice of Intention: Application for Leave and For Judicial Review, served on (i) Min. of Citizenship and Immigration, Canada (Ninth Respondent), c/o UN High Comm. for Refugees: Mr. Guteres, Geneve, Suisse; served on Consul General of Switzerland: Ms. Irene Fluckiger, Capetown; delivered to Ms. Anja Munger, at 11:05 hrs on 6

7 8 9

PDF: First Amicus: Transcript: Correspondence & Email Service: [PDF: www.scribd.com/doc/34064979]

PDF: First Amicus: Transcript: Correspondence & Email Service: www.scribd.com/doc/34064979 PDF: First Amicus: Transcript: Correspondence & Email Service: www.scribd.com/doc/34064979

HC-WC: # 19963-09: PDF File: www.scribd.com/my_document_collections/2333061

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22/09/09; (ii) Nobel Institute: Norwegian Nobel Comm. (Tenth Respondent); c/o: Royal Norwegian Consulate: HE Amb Tor Christian Hildan, Capetown; delivered to Ms. Adele Day at 10:32 hrs on 22/09/09

TO:

MIN. OF CITIZENSHIP & IMMIGRATION, CANADA The Honourable Jason Kenney, P.C., M.P. Ottawa, Ontario, K1A 1L1 Email: Minister@cic.gc.ca || kennej@parl.gc.ca Per: High Commissioner Ruth Archibald High Commission of Canada Private Bag X13, Hatfield 0028, Pretoria, South Africa Tel: (012) 422 3000 || Fax: (012) 422 3052 Email: pret@international.gc.ca

TO:

THE NOBEL INST.: NORWEGIAN NOBEL COMM. Thorbjørn Jagland (Chair); Kaci Kullmann Five (Deputy Chair), Henrik Ibsens Gate 51, No-0255 Oslo, Norway Tel: (47) 22 12 93 00 | Fax: (47) 22 12 93 10 Email: postmaster@nobel.no Per: H.E. Ambassador Mr Tor Christian Hildan Royal Norwegian Consulate, Cape Town 17th Floor, Southern Life Centre, 8 Riebeek Street P.O. Box 4446, Cape Town 8000 Tel: +27 21 418 1276 | Fax: +27 21 418 1275 Email: embctn@telkomsa.net, emb.pretoria@mfa.no

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HONOURABLE TRANSPARENCY COPY10: ‘RH REFUGEE’: (i) U.S. NAVY JAG, DC (ii) INTN’L CRIMINAL COURT, THE HAGUE Ref11:

TO:

October 30, 2009 Correspondence, to: ICC Prosecutor: Info & Evidence Unit (CC: Dep. Judge Adv. Gen., US Navy JAG Office); from: Lara Johnstone (Johnson): US Immigration & Naturalization: # A77 177 281; CA Drivers Licence #: CA: B9644585; Subject: NSSM 200, NSDM 314, NSDM 46, US-SC: # 00-9587 (Graves vs. President of USA) and (Kosovo) Security Council Resolution 1244 (1999): Notice of legal and political persecution and prosecution of non-violent Radical Honesty activist; 28 Oct 2009: RE: Freedom of Speech Political & Cultural Rights, or Secession?; Foreign & Intl Law Issues

U.S. NAVY JAG Rear Admiral Nanette M. DeRenzi, Ref: INS: A 77 177 281 Deputy Judge Advocate General Commander, Naval Legal Service Command Judge Advocate General’s Corps U.S. Navy Judge Advocate General's Office 1322 Patterson Avenue, Suite 3000 Washington Navy Yard, DC, 20374-5066, USA Per: US Ambassador in Pretoria: Mr. Donald Gips PO Box 9536, Pretoria 0001 877 Pretorius St, Arcadia, Pretoria Tel: (27-12) 431-4000 | Fax: (27-12) 342-2299 Email: consularjohannesburg@state.gov

TO: 10 11

ICC PROSECUTOR: INFO & EVIDENCE UNIT

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PDF: First Amicus: Transcript: Correspondence & Email Service: www.scribd.com/doc/34064979

09-10-28: HC-WC In Forma Pauperis (Crimen Injuria) Review Application; RE: Freedom of Speech Political and Cultural Rights, or Secession?; Constitutional, Foreign and International Law Issues [PDF: www.scribd.com/doc/22039639]

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Ack. Rec. on 19 July 2010 [#174@23:51]

Head Investigations: Mr. Michel de Smedt International Criminal Court Office of the Prosecutor: Communications Post Office Box 19519 2500 CM The Hague, The Netherlands. Fax: +31 70 515 8555 Email: otp.informationdesk@icc-cpi.int

HONOURABLE TRANSPARENCY COPY12: ‘RH REFUGEE’: (i) MR. KEES VAN DER STAAIJ (SGP); (ii) MR. GEERT WILDERS (PVV); (iii) MIN. BUITENLANDSE SAKE, DEN HAAG Ref13: (i) 23 April 2010 news report by Casper Naber of the Daglikse Algemeenblad, Bange Zuid-Afrikanen smeken om Wilders' hulp (Terrified 'S.Africans' of Dutch descent Appeal to Dutch MP for Safe Haven from Violence Targeting Whites); (ii) Correspondence: Sent: Wednesday, April 21, 2010; To: Mr. 'Geert Wilders'; Subject: Att: Mr. Geert Wilders; Freedom Party; RE: Request Help for African White Refugees who are descendants of Dutch Citizens; (iii) 21 March 2010: Application to Netherlands Consulate General: Application for Dutch Citizenship/Passport as a direct descendant of Dutch citizens: Lambertus Bosman & Maria Fransz of Amsterdam, Holland

TO:

MR. KEES VAN DER STAAIJ (SGP) Staatkundig Gereformeerde Partij c/o: V.A. (Volbregt) Smit, Afdelingshoofd Communicatie, vorming en voorlichting (CVV) Burgemeester van Reenensingel 101, 2803 PA Gouda T (0182) 69 69 05 / 06 || F (0182) 57 32 22 Email: voorlichting@sgp.nl | Email: vasmit@sgp.nl

TO:

MR. GEERT WILDERS (PVV) Party for Freedom (Partij voor de Vrijheid) Email: g.wilders@tweedekamer.nl

TO:

MIN. VAN BUITENLANDSE ZAKEN DEN HAAG, Foreign Affairs Minister Maxime Verhagen Bezuidenhoutseweg 67, 2594 AC 's-Gravenhage, Nederland c/o: Mrs. Ineke Solinas, Consular Assistant Netherlands Consulate General 100 Strand Street, Capetown, 8001 Tel: (021) 421 5660 Email: kaa@minbuza.nl

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HONOURABLE TRANSPARENCY COPY14: ‘TRC FRAUD’: (i) TRC COMMISSIONERS: TUTU, BORRAINE ET AL; (ii) NELSON MANDELA FOUNDATION; (iii) F.W. DE KLERK FOUNDATION Ref: (*15) Submission to TRC dated 18 January 1999: Submission to ‘Register of Reconciliation’ and donation 12 13

PDF: First Amicus: Transcript: Correspondence & Email Service: www.scribd.com/doc/34064979

10-04-23: White Refugee: Help Asseblief Graaf Wilders & Royal Familie, Nederlands: Jus Sanguinis Right of Return to Holland, for Boer-Afrikaners [PDF: http://www.scribd.com/doc/34457887] 14

PDF: First Amicus: Transcript: Correspondence & Email Service: www.scribd.com/doc/34064979

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to Presidents Fund for Reparations to assist victims of gross violations of human rights dated 18 January 1999; (*16) Email to TRC Commissioner: Dr. Gobodo-Madikizela, Associate Professor of Psychology, Univ. of Capetown, Sun 2009/06/28: An Eco-Psychology Guerrylla Warrior Enquiry: Was South Africa's 'Reconciliation' an Intellectual Delusion?; (*17) We've lost our pride - Tutu, by Murray La Vita, Die Burger, 2010-05-05 (*18) Correspondence: to SA Leadership Editor & CODESA Politician Mr. Piet Coertze: Mr. Coertze Admits he Never Forgave AWB (*19) Corr: Nelson Mandela Foundation: Request for Comment: Freedom of Speech for Radical HonestFy White Refugee; (*20) FW de Klerk Foundation: Request for Comment: Freedom of Speech for Radical Honesty White Refugee

TO:

TRUTH & RECONCILIATION COMMISSIONERS Archbishop Desmond Tutu & Rev. Alex Boraine; c/o International Center for Transitional Justice C/O Board of Directors: Mr. Kofi Appentung, Mr. Harvey P. Dale, Mr. Vincent Mai, Mr. Ken Miller, Ms. Minna Schrag, Mr. Theodore Sorensen, 5 Hanover Square. Floor 24, NY, NY USA 10004 Tel: +(917) 637 3800 | Fax: +1(917) 637 3900 P O Box 44329, Claremont, 7735 Email: tutudm@mweb.co.za, cgarvie@ictj.org, info@ictj.org, capetown@ictj.org, Brussels@ictj.org, Geneva@ictj.org, kenyainfo@ictj.org, egonzalez@ictj.org, CC: Mr. Murray La Vita, Die Burger Email: mlavita@dieburger.com

TO:

TRC COMMISSIONER: DR. GOBODO-MADIKIZELA Associate Professor of Psychology Dept. of Psychology, University of Capetown Tel: +27 (0)21 650.3427 Email: pumla.gobodo-madikizela@uct.ac.za

TO:

NELSON MANDELA FOUNDATION Chairperson of the Board: Prof Jakes Gerwel Exec. Personal Assistant & Spokesperson: Ms Zelda La Grange c/o Mr. Sello Hatang, Manager: Information Communications Private Bag X70 000, Hounghton, 2041 Tel: (011) 728 1000 | Fax: (011) 728 1111 Email: nmf@nelsonmandela.org, SelloH@nelsonmandela.org; Ms. Makano Morojele, Educ.: Makano@nelsonmandela.org; Dr Mothomang Diaho, Memory: mothomangd@nelsonmandela.org; Verne Harris, Memory & Dialogue: verne@nelsonmandela.org; Boniswa Qabaka, Archives: boniswa@nelsonmandela.org,

TO:

F.W. DE KLERK FOUNDATION c/o Center for Constitutional Rights Adv. Nikki de Havilland 163 Hendrik Verwoerd Drive, Plattekloof, Capetown T/F: (021) 930 3622 / 3898 Email: info@cfcr.org.za, nikki@cfcr.org.za; Piet Le Roux: piet@fwdeklerk.org; David Steward: dave@fwdeklerk.org

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Ack. Rec. on 20 July 2010 CC: [#179@09:39] Served Copy on 20 July 2010 [#170@00:04] Tel. Confirm on 21 July 2010 [Tel: (021) 650-3427]

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Submission to ‘Register of Reconciliation’ and donation to Presidents Fund for Reparations to assist victims of gross violations of human rights dated 18 January 199915 [PDF: www.scribd.com/doc/16224046] 16 09-06-28: WR: Dr. Gobodo-Madikizela, Assoc. Prof. Psych: Eco-Psychology Guerrylla Enquiry: Was SA's TRC an intellectual delusion? [PDF: www.scribd.com/doc/34537544] 17 ‘TRC Failed’ - Tutu; ‘TRC Chickens come home to roost’ – SAIRR; ‘Rainbow Nation Dead & Buried’ – David Bullard; ‘ANC violating social contract’ – TAU [PDF: www.scribd.com/doc/34460267] 18 10-04-18: WR: Codesa Politician & Leadership Mag Ed; RE: Truth and Forgiveness Leadership & Terre'Blanches Murder [PDF: www.scribd.com/doc/34537527] 19 Req: Nelson Mandela Fnd: Free Speech for Radical Honesty White Refugee [PDF: http://www.scribd.com/doc/28224781] 20 Req: F.W de Klerk Fnd: Free Speech for Radical Honesty White Refugee [PDF: www.scribd.com/doc/28224667]

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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA Case No. CCT 23/10

In the Matter Between: THE CITIZEN 1978 (PTY) LIMITED

KEVIN KEOGH

MARTIN WILLIAMS

First Applicant (First Respondent in leave to cross-appeal) Second Applicant (Second Respondent in leave to cross-appeal) Third Applicant (Third Respondent in leave to cross-appeal)

ANDREW KENNEY

Fourth Applicant

And ROBERT JOHN MCBRIDE

First Respondent (Applicant in leave to cross-appeal)

And

LARA JOHNSTONE

First Amicus Curiae

THE FREEDOM OF EXPRESSION INSTITUTE

Second Amicus Curiae

THE S.A. NATIONAL EDITORS FORUM

Third Amicus Curiae

JOYCE SIBANYONI MBIZANA

Fourth Amicus Curiae

MBASA MXENGE

Fifth Amicus Curiae

PRACTICE NOTE1 FOR LARA JOHNSTONE; IN SUPPORT OF RADICAL HONESTY POPULATION POLICY COMMON SENSE INTERPRETATION OF PROMOTION OF NATIONAL UNITY & RECONCILIATION ACT, 34 OF 1995

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10-07-18: 1st Amicus: Heads of Argument: Radical Honesty Interpretation of TRC Act [PDF: www.scribd.com/doc/34551212]

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A. Nature of Proceedings a. The Applicants and Respondent are appealing and cross-appealing a judgement of the Supreme Court of Appeal (“SCA”), Case: 277/2008, regarding, among others, the interpretation of the meaning of ‘amnesty’ in the Promotion of National Unity and Reconciliation Act, 34 of 1995 (“TRC Act”), whose ‘amnesty’ mandate was provided for in The Constitution of the Republic of South Africa Act, 200 of 1993 (“Interim Constitution”), both which collectively set the ‘social contract’ foundation for the Constitution of the Republic of South Africa, Act 108 of 1996 (“SA Constitution”); all collectively herein after referred to as ‘TRC Social Contract’. b. As the only member of the Radical Honesty culture and religion in South Africa, First Amici Applied to the Chief Justice to proceed as an In Forma Pauperis Amicus. First Amicus was approved to proceed as a member of the Radical Honesty Culture and Religion, on the argument that the ‘TRC was a fraudulent PR publicity stunt negligently conducted by SA’s political, academic, media and legal elite’.2The Application for In Forma Pauperis council was denied.

B. The issues to be argued by Lara Johnstone / Radical Honesty - RSA a. Multicultural Conflict of Laws Substantive Due Process: Importance of Clarity, Impartiality: Multicultural lawmaking must avoid Mono-cultural legal hegemony and draw on legal cultural diversity. b. Constitutional provisions for invoking cultural law require courts to be clear about the application of choice of law rules, so that all cultural groups are adequately informed with sufficient defined precision to enable citizens and cultures to regulate their affairs with individuals from other cultures in accordance with law. 3 c. Cultural applications: Skills, competencies and practices, to the Common law Reasonableness Test, in accordance with principles principles of serving a socially useful purpose, acting in accordance with common cultural practices, and skills and competency standards. Example of Radical Honesty Political Necessity and Civil Disobedience skills and competencies. 2

Lara Johnstone, Member Radical Honesty Culture and Religion: Application to Chief Justice to proceed as an In Forma Pauperis Amicus Curiae, ITO Rule 10 (4):, at Para 17 – 33: The Interest of the Applicant in the Main Application 3 Smit NO and Others v King Goodwill Zwelithini Kabhekuzulu and Others (10237/2009) [2009] ZAKZPHC 75 (4 December 2009) [PDF: www.scribd.com/doc/34458079]

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d. Importance of Judiciary to protect the rights of discrete and insular minorities 4 in political dispensations, where their voice is effectively nullified and neutralized, in accordance with Judicial Activism precedence enabling a more comprehensive and searching judicial enquiry, to search for the truth5. e. Brief overview of Ecolaw6, principles of Sustainability7, in accordance with the principle that sustainability, the environment, or ecological carrying capacity laws, are the sine qua non8 for all other rights9. Principles covered include procedural rights to access to information10, being a key to environmental rights, intergenerational equity and integration, to protect natural and cultural resource bases11.

C. Portions of record that are necessary for the argument of Lara Johnstone / Radical Honesty - RSA None

D. Estimate of the duration of oral argument of Lara Johnstone / Radical Honesty – RSA: None, unless a, or more, Justices have any questions.

E. Summary of argument

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United States v. Carolene Products Co. , 304 U.S. 144 (1938) [PDF: www.scribd.com/doc/33092567] Opinion of Weeramantry J in the Case Concerning the Gabcikovo-Nagymaros Project (Hungary v Slovakia) (1998) 37 International Legal Materials 162 206. [PDF: www.scribd.com/doc/34456660]. See also: Smit NO and Others v King Goodwill Zwelithini Kabhekuzulu and Others (10237/2009) [2009] ZAKZPHC 75 (4 December 2009); Article 27 of the International Covenant on Civil and Political Rights; Sandra Lovelace v. Canada, Communication No. R.6/24 (29 December 1977), U.N. Doc. Supp. No. 40 (A/36/40) at 166 (1981) 6 Principle 1: ‘All human beings have the fundamental right to an environment adequate for their health and well-being.; Principle 2 (adopted by the UN Commission on Human Rights), provides that all persons ‘have the right to a secure, healthy and ecologically sound environment.’ See Proposed Legal Principles for Environmental Protection and Sustainable Development, adopted by the WCED Experts Group on Environmental Law, reproduced in WCED Our Common Future (1987) 348. See also Principle 1, Draft Principles on Human Rights and the Environment in UN Sub-Commission on Prevention of Discrimination and Protection of Minorities Human Rights and the Environment, Final Report of the Special Rapporteur, UN Doc E/CN.4.Sub2/1994 19 7 Reflections on Sustainability, Population Growth, and the Environment, by Albert Bartlett, Ph.D., Paper first published in Population & Environment, Vol. 16, No. 1, Sep 1994, pp. 5-35; (1998) [PDF: www.scribd.com/doc/33707684] 8 Opinion of Weeramantry J in the Case Concerning the Gabcikovo-Nagymaros Project (Hungary v Slovakia) (1998) 37 International Legal Materials 162 206. [PDF: www.scribd.com/doc/34456660]. 9 See eg Lopez Ostra v Spain (1995) ECHR Ser A 303-C. 10 Van Huyssteen NNO v Minister of Environmental Affairs and Tourism 1995 9 BCLR 1191 (C). For a discussion, se A. Eide et al (eds) Economic, social and cultural rights: A textbook (1995) 261 et seq. The authors discuss Communication 429/1990, EW & Others v The Netherlands as an example of how this is achieved. 11 (i) Art 3(1) of the 1992 United Nations Framework Convention on Climate Change, reprinted in (1992) 31 International Legal Materials 851, which provides that ‘parties should protect the climate system for the benefit of the present and future generations of humankind’. (ii) Preamble of the 1992 Biodiversity Convention, reprinted in (1992) 31 International Legal Materials 822, makes use of intergenerational equity. For earlier instruments see the Preambles of the 1968 Convention on African Nature Conservation, and the 1972 World Heritage Convention. 5

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a. A healthy ecological environment, with due regard for carrying capacity laws of sustainability is a sine qua non12 for all other constitutional rights; similarly a psychological integrity environment of philosophical courageous truth searching honesty and sincere forgiveness is a sine qua non13 for healthy, transparent relationships that result in the co-creation of a code of conduct that enables non-violent honest sincere resolutions to disagreements. b. Put differently, 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 application14. c. The Radical Honesty Population Policy Common Sense Social Contract15, addresses both of these sine qua non principles: (a) a sincere and serious specific, clear and unambiguous Truth and Forgiveness Social Contract, unequivocally understood and practiced by all its cultural members to resolve disagreements and misunderstandings, which works, perhaps as a result of its inclusion of ‘I am, therefore I think’16 human nature scientific realities; (b) any advocacy on behalf of peace, human rights and social justice, takes full recognition of sine qua non carrying capacity requirements for such to occur. d. Consequently First Amicus Radical Honesty Population Policy Common Sense Social Contract Arguments contends that:

12 Opinion of Weeramantry J in the Case Concerning the Gabcikovo-Nagymaros Project (Hungary v Slovakia) (1998) 37 International Legal Materials 162 206. [PDF: www.scribd.com/doc/34456660] 13 Practicing Radical Honesty, by Brad Blanton [PDF: www.scribd.com/doc/33790790] 14 ‘Lawyers are either social engineers, or they are parasites. Social Engineer Lawyers aim to eliminate the difference between what the laws say and mean, and how they are applied; whereas legal parasites aim to entrench their parasitism from the difference between what the laws say and mean, and the application of such differences to their parasitic benefit.’ – Prof. Charlie Houston, Howard Law School mentor of Justice Thurgood Marshall, Simple Justice: The History of Brown v. Board of Education, the epochal Supreme Court decision that outlawed segregation, and of black America’s century-long struggle for equality under law, by Richard Kluger; Random House (1975) (pp126-129) 15 Radical Honesty Population Policy Common Sense Social Contract [PDF: www.scribd.com/doc/34270511] 16 Non-Descartian/Radical Honesty (I am, therefore I think) Worldview: UA: [B.4] Sui Generis (I think, I am Unique) Meme Dream [PDF: www.scribd.com/doc/32739383]; Practicing Radical Honesty : Chapter 2: what is a Mind and How Does It Work?, Chapter 3. Dysfunctional Family University, The World-Famous School Within Which We Grew Our Minds; Chapter 8. Community and Compassion; [PDF: www.scribd.com/doc/33790790]; Waking from the Meme Dream: Who Am I? Do I Exist?; by Susan Blackmore; Paper presented: The Psychology of Awakening: International Conference on Buddhism, Science & Psychotherapy Dartington 7-10 November 1996; also The Psychology of Awakening: Buddhism, Science & Our Day-to-day Lives. Ed. G.Watson, S.Batchelor and G.Claxton; London, Rider, 2000, 112-122 [PDF: www.scribd.com/doc/33790665]; The Origin of Consciousness in the Breakdown of the Bicameral Mind, by Julian Jaynes (1976); The Computational Brain, Churchland,P.S. and Sejnowski,T.J. (1992); Cambridge, Mass. MIT Press; To Have or to Be, by Erich Fromm, published in World Perspective Series, by Harper & Row; et al

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i. Only a sincere and serious specific, clear and unambiguous Truth and Forgiveness Social Contract17, i.e. a code of conduct unequivocally understood (communication clarity by participants who cognitively understand key concepts for other tribes cultures practices) and practiced by the common man can ever contribute to sincere and serious reconciliation and the reconstruction of any violent and conflict ridden family, community, or society; ii. any legislation or jurisprudence such as the TRC Social Contract, which professes to advocate on behalf of human rights, peace and social justice, while ignoring their ecological basis – a stable human population at slightly less than the eco-systems carrying capacity – is endorsing and practicing legal dishonesty and hypocrisy; i.e. fraud. It is legislation and jurisprudence deliberately indifferent to the laws of sustainability, advocating misery. e. The Radical Honesty Population Policy Common Sense interpretation of TRC Social Contract: The TRC’s determination that Apartheid was a crime against humanity, was a falsification of history. i. The TRC Social Contract avoids providing key definitions, is vague and ambiguous on fundamental culturally conflicting concepts, such as ‘forgiveness’, ‘closure’, ‘national unity’, ‘reconciliation’ etc18. ii. Definition and meaning of Amnesty was changed, subsequent to Interim Constitution, and prior to TRC Act, without due Process to all parties19. iii. Truth and Reconciliation was not seen to be done20. The Commission was biased, skewed and not remotely interested in addressing root cause problems for better understanding, nor in rainbow struggle perspectives, ignoring blatantly obvious enquiries into population demographic causes, etc21. iv. The consequences of the fake TRC publicity stunt are there for all to see; clearly clarifying a principle highlighted by the Milgram studies on obedience: Conflict between conscience and authority is not wholly a

17

Radical Honesty Population Policy Common Sense Social Contract [PDF: www.scribd.com/doc/34270511] Lithgow & others v. United Kingdom (1986) * EHRR 329 § 110 [PDF: www.scribd.com/doc/34456270] 19 R v Sussex Justices, Ex parte McCarthy ([1924] 1 KB 256, [1923] All ER 233) [PDF: www.scribd.com/doc/34456310] 20 R v Sussex Justices, Ex parte McCarthy ([1924] 1 KB 256, [1923] All ER 233) [PDF: www.scribd.com/doc/34456310] 21 Opinion of Weeramantry J in the Case Concerning the Gabcikovo-Nagymaros Project (Hungary v Slovakia) (1998). Multi-cultural Law Must draw on legal cultural diversity; Environment is sine qua non for all other rights. PDF: www.scribd.com/doc/34456660]. 18

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philosophical or moral issue. Many people intellectually share philosophical values, or convince themselves they do, because they prefer to think of themselves with that particular positive value image. However, when placed into a circumstance where they are required to make difficult decisions to demonstrate their commitment to their philosophical beliefs about themselves, they lack the skills and capabilities to transform convictions into physical action. Similarly an intellectual belief in the concept of forgiveness, is not an indication of any individuals capability to transform such belief into actual physical sensate forgiveness; i.e. to sincerely forgive. f. Radical Honesty Population Policy Common Sense Social Contract Conclusion: TRC FRAUD: ‘CRIME OF APARTHEID’ WAS A FALSIFICATION OF HISTORY: The Truth and Reconciliation Commission was biased, skewed and had a -– perhaps unconscious, but the results provide the evidence -- predetermined ‘crime of apartheid’ black-liberation-theory victimhood racialvengeance (not truth and forgiveness) based agenda. The TRC’s biased and pre-determined vengeance and censorship Recipe results are there for all –except the Eichmann-Obedience-to-Rainbow Belief-Addicts suffering from Battered-TRC-Fraud-Syndrome –- to see: “One cannot expect to follow the recipe for roadkill stew and produce a crème brulee”. For example: i. Farm Murders: A Rainbow-TRC-Peace, or a Racial-Hatred-War Reality? SA’s 2080 farm murders have occurred in a country officially allegedly at peace, after having achieved alleged 'reconciliation', indicate that the "rainbow reconciled nation" is nothing but an illusion not reflected in evidentiary facts and reality on the ground. People who have forgiven each other, or are participating in such a conversation, collaborate to address and eliminate the root causes of their dispute, they don’t murder, rape and torture those they allegedly forgave, in order to rob them; unless their definition for ‘forgiveness’ is ‘murder, rape and torture’. ii. Radical Honesty Culture of Forgiveness Banned in SA Multi-Culture Courts: One of the few citizens in South Africa seriously committed to sincere sensate forgiveness and reconciliation, who endorses the rule of law for all tribes, all ideologies, all cultures, is and has been legally persecuted and prosecuted for practicing Radical Honesty Population

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Policy Common Sense Social Contract advocacy, for eight years, without any objections from any TRC Proudly Rainbow South African political, academic, media, or legal authorities. g. Relief: Recognize Radical Honesty, Implement Choice of Law Rules: Cultures who prefer to abide by a fraudulent TRC social contract, are welcome to continue to follow the recipe for roadkill stew to attempt to produce a crème brulee. Their cultural definitions for ‘dignity’ and practice of ‘freedom of speech’ should however not be assumed to be the definitions and practices for all cultures. Confirmation that Radical Honesty is a religion/culture, not a refugee status. i. Acknowledge that forgiveness, closure, ubuntu, amnesty, truth, reconciliation, interpreted in accordance to Radical Honesty definitions, renders the TRC social contract: A TRC Fraud: ‘Crime of Apartheid’ Falsification of History; ii. Acknowledge that the absence of multi-cultural legal definitions (let alone choice of law rules) for many TRC social contract’s foundational multi-cultural concepts –- forgiveness, closure, reconciliation, ubuntu, - eliminates any Non-Descartian22 (I am, therefore I think) [and perhaps Ubuntu ‘I participate, therefore I am’ worldview] citizens ‘right to certainty in TRC ‘rainbow jurisprudence’23 administration of justice’24. iii. Issue a judgement requiring that relevant choice of law rules (where two or more conflicting legal systems aims have to be met) be implemented: to give detailed guidance to courts and citizens on the application of cultural laws; eg. where and when is a defendant to be treated as a member of a particular cultural community in which particular practices, are cultural rights and obligations obtained, allowing sufficient flexibility to cater for the peculiarities of individual cases.

F. Authorities on which particular reliance will be placed

22

See: Non-Descartian/Radical Honesty (I am, therefore I think) Worldview. Ibid Alfred Cockrell ‘Rainbow Jurisprudence’ (1996) 12 SAJHR 1. 24 Van der Vyver (1982) 15 CILSA 312-14 23

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a. Opinion of Weeramantry J in the Case Concerning the Gabcikovo-Nagymaros Project (Hungary v Slovakia) (1998). b. United States v. Carolene Products Co. , 304 U.S. 144 (1938) c. Lithgow & others v. United Kingdom (1986) * EHRR 329 ยง 110 d. R v Sussex Justices, Ex parte McCarthy ([1924] 1 KB 256, [1923] All ER 233) e. Smit NO and Others v King Goodwill Zwelithini Kabhekuzulu and Others (10237/2009) [2009] ZAKZPHC 75 (4 December 2009) f. Ex parte Minister of Native Affairs: In re Yako v Beyi 1948 (1) SA 388 (A). g. Bolam v. Friern Hospital Management Committee [1957] 1 WLR 582; [1957] 2 All ER 118 h. Van Huyssteen NO v Minister of Environmental Affairs and Tourism 1995 9 BCLR 1191 (C) i. Constitution S.12: Freedom of Security of Person & Psychological Integrity; S 15: Freedom of Religion, Belief and Opinion; S 16: Freedom of Expression; S. 24: Sustainable Environment; S 31: Cultural, Religious and Linguistic Community; S. 32: Access to Information; S.33: Just Administrative Action.

George

LARA JOHNSTONE, Pro Se

18 July 2010

Propria Persona / Litigant in Person

8


IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA Case No. CCT 23/10

In the Matter Between: THE CITIZEN 1978 (PTY) LIMITED

KEVIN KEOGH

First Applicant (First Respondent in leave to cross-appeal) Second Applicant (Second Respondent in leave to cross-appeal)

MARTIN WILLIAMS

Third Applicant (Third Respondent in leave to cross-appeal)

ANDREW KENNEY

Fourth Applicant

And ROBERT JOHN MCBRIDE

First Respondent (Applicant in leave to cross-appeal)

And

LARA JOHNSTONE

First Amicus Curiae

THE FREEDOM OF EXPRESSION INSTITUTE

Second Amicus Curiae

THE S.A. NATIONAL EDITORS FORUM

Third Amicus Curiae

JOYCE SIBANYONI MBIZANA

Fourth Amicus Curiae

MBASA MXENGE

Fifth Amicus Curiae

HEADS OF ARGUMENT1 FOR LARA JOHNSTONE; IN SUPPORT OF RADICAL HONESTY POPULATION POLICY COMMON SENSE INTERPRETATION OF PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, 34 OF 1995

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10-07-18: 1st Amicus: Heads of Argument: Radical Honesty Interpretation of TRC Act [PDF: www.scribd.com/doc/34551212]

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TABLE OF CONTENTS INTEREST OF FIRST AMICUS ………………………………………………………………………………………….. 03 I. LEGAL PRINCIPLES ADDRESSED AND RELIED UPON: …………………………………………………. 06 A. Multicultural Conflict-of-Laws Substantive Due Process: Clarity & Impartiality .……………. 06 B. Bolam Test: Common Law Reasonableness Test: Skill & Competencies ………………………….. 08 C. Political Necessity: Freedom of Speech & Civil Disobedience …………………………………………. 10 D. Judicial Activism: A More Searching Judicial Enquiry: Search for Truth …………………………. 12 E. Ecolaw 101: Laws of Sustainability: Ecological Social Contract ………………………………………. 13

II: TRUTH AND FORGIVENESS SOCIAL CONTRACT PRINCIPLES …………………………………… 16 A. Radical Honesty Overview: Being Specific about Anger and Forgiveness ……………..………… 17 B. Stanley Milgram Studies on Obedience: Legal, Socio-political Implications ………………..…. 17 C. Common Law Reasonableness Test: Skills and Competencies …………………………………………. 19 D. Rule of Law & Forgiveness: Individuality, Independence & Integrity ………………………………

19

III: POPULATION POLICY COMMON SENSE PRINCIPLES ……………………………………………….. 21 A. Thou Shalt Not Transgress Carrying Capacity Prophets ………………………………………….……….

21

B. Eco-Numeracy: Exponential Functions and Carrying Capacity ………………………………………... 22 C. Tragedy of the Commons: Limited World, Limited Rights ……………………………………………….

23

D. Overpopulation: Resources Scarcity and Resource War Violence ……………………………………

24

E. Demographics and Violence: Youth Bulges ………………………………………………………………………

25

F. Population Pressures, Resource Wars and National Security ………………………………………...

25

G. How and Why Journalists Avoid the Population-Environment Connection …………………...

26

IV: TRC FRAUD: ‘CRIME OF APARTHEID’ FALSIFICATION OF HISTORY ……………………..

28

A. Negligent or Intentional Avoidance of Key Concept Definitions? …………………………….……..

28

B. Amnesty Meaning Changed without Due Process? …………………………………………………………... 28 C. Was Truth and Reconciliation Seen to be Done? ……………………………………………………………..

29

D. Did ‘Evil Apartheid’ raise Black living standards to Highest in Africa? …………………………..

31

E. Apartheid: Crime Against Humanity; or Just War for Demographic Survival? ………………... 33 F. Nature & Causes of Apartheid: A Just War for Demographic Survival? ………………………..… 35 G. Farm Murders: A Rainbow TRC Peace, or Racial Hatred War Reality? …………………………...

40

V. RADICAL HONESTY: CULTURE & RELIGION; OR REFUGEE STATUS? …………………….

41

A. Radical Honesty Culture of Forgiveness Banned in SA Multi-Culture Courts ……………………

41

B. 40 SA Media: Endorse Legal and Political Persecution of RH White Refugee ………………..

44

CONCLUSION: TRC SOCIAL CONTRACT: A FRAUDULENT PR PUBLICITY STUNT ……….. 48 RELIEF: RECOGNIZE RADICAL HONESTY, IMPLEMENT CHOICE OF LAW RULES……………. 49 TABLE OF AUTHORITIES…………………………………………………………………………………………………. 50

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INTEREST OF FIRST AMICUS: 1.

This Amicus brief (a) addresses alternative legal arguments to those of both the Applicant and Respondent, i.e. from a Radical Honesty culture/religion perspective; (b) ‘argues points deemed too far reaching for emphasis by parties intent on winning their particular case’2; (c) ‘apprises the court of broad-based legal, social, economic, ecological and cultural enquiry implications for its consideration to avoid unintended consequences for groups not before the court,’3 (d) informs the court of information to base its decision on a larger, more comprehensive, and more accurate reality based natural law legal framework, so that the court’s final judgment shall include a fullyinformed refined legal analysis, which provides equal protection to all SA’s tribes4; and (e) provides a perspective from a culture practicing sincere sensate forgiveness.

2.

First Amicus, Lara Johnstone is the only member of the Radical Honesty5 culture and religion, in South Africa. The Radical Honesty culture and religion are founded upon the Truth and Forgiveness Social Contract: Being Specific About Anger and Forgiveness6; as excerpted from: Practicing Radical Honesty7. Radical Honesty is a powerful process by which people can make corrections in the minds distorted and only partly conscious map of the world. Our maps of the world are distorted by our repressed anger and resentment; the greater the amount of repressed anger and resentment, the greater the distortion. The key to individuality, integrity, individual freedom, and free societies, lies in providing people with the skills and capabilities to get over their anger, and experience sincere forgiveness. It is the way the statistics from Stanley Milgram’s experiments on blind obedience to authority8 get changed.9

3.

Radical Honesty culture and religion was founded by Dr. Brad Blanton, who is: (1) President and CEO of Radical Honesty Enterprises Sparrowhawk Book Publishing and The Center for Radical Honesty, both dedicated to promoting honesty in the world; (2) former candidate for Congress in 2004 and 2006, on the platform of ‘Honesty in Politics’10; (3) Pope of the Radical Honesty Futilitarian Church; i.e. “Dr. Truth”11; and

2

Luther T. Munford, When Does the Curiae Need an Amicus?, 1 J. App. Prac. & Process 279, 280 (1999). Paul M. Sandler & Andew D. Levy, Appellate Practice for the Maryland Lawyer: State and Federal: Amicus Briefs 331 (1994). 4 Paul M. Smith, The Sometimes Troubled Relationship Between Courts and Their “Friends”, note 2, at 26 (1998). 5 Founded by Dr. Brad Blanton, author, psychologist and ‘Honesty in Politics’ Congressional Candidate: www.radicalhonesty.com 6 Chapter 9: Radical Honesty About Anger: PDFS: [www.scribd.com/doc/33790658] & [www.scribd.com/doc/20520279] 7 Practicing Radical Honesty, by Brad Blanton, Ph.D. [PDF: www.scribd.com/doc/5507662] 8 Great World Trials; The Adolph Eichmann Trial, 1961. pages 332-337; 1997.: Eichmann, speaking in his own defense, said he did not dispute the Holocaust facts. During the whole trial, Eichmann insisted that he was only "following orders"—the same Nuremberg Defense used by some of the Nazi war criminals during the 1945–1946 Nuremberg Trials. He explicitly declared that he had abdicated his conscience in order to follow the Führerprinzip. Eichmann claimed that he was merely a "transmitter" with very little power. He testified that: "I never did anything, great or small, without obtaining in advance express instructions from Adolf Hitler or any of my superiors." 9 Ibid. Ch. 8: Community and Compassion: Work of Stanley Milgram; (p81) [PDF: www.scribd.com/doc/5507662] 10 See Video Documentaries at: www.why-we-are-white-refugees.blogspot.com/p/honesty-in-politics.html 3

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(4) author of (a) Radical Honesty: How To Transform your Life by Telling the Truth; (b) Practicing Radical Honesty: How to Complete the Past, Stay in the Present and Build a Future with a Little Help from Your Friends, (c) Honest to God: A Change of Heart that Can Change the World, with Neale Donald Walsh (Conversations with God series); (d) Radical Parenting: Seven Steps to a Functional Family in a Dysfunctional World; (e) The Truthtellers: Stories of Success by Radically Honest People and (f) Beyond Good and Evil: The Eternal Split-Second-Sound-Light-Being; (g) Some New Kind of Trailer Trash. Dr. Blanton, has filed a Radical Honesty / Futilitarian Church statement in support of this Amicus.12 4.

Rainbow Rule-of-Law Freedom of Speech Search for Truth Culture13 Credibility: First Amicus supports the maxim of the non-violent anti-slavery publication the North Starh, whose Republican editor, Frederick Douglass was fond of saying: “I would unite with anybody to do right and with nobody to do wrong.” As a rule-of-law political activist, she endorses the rule-of-law for all, rich, poor, white, black, left and right, religious or atheist. She filed her submission to the TRC14 on 18 January 1999, wherein she detailed her willingness to donate her entire inheritance to facilitate sincere Truth and Forgiveness. She is separated (filed for divorce) from Demian Emile Johnson, who is, and has been, incarcerated in California Dept. of Corrections, for the entire duration of their marriage15. In addition to Radical Honesty she has been involved in non-violent civil disobedience actions on behalf of her former husband16, Greenpeace17, Amnesty Int’l, Pacific Inst. for Criminal Justice18, Jericho 9819, Crack the CIA20, The Disclosure Project21, New Abolitionist22, Justice for Timothy McVeigh23, Alliance for Democracy24,

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See Center for Radical Honesty at: www.radicalhonesty.com Written Statement of Consent by Brad Blanton, Ph.D, to testify as expert witness to: Practicing Radical Honesty, Futilitarianism; i.e. Radical Honesty about Anger & Forgiveness; Paradigms & Contexts: Revolution of Consciousness [PDF: www.scribd.com/doc/31989814] 13 In Ex Parte Minister of Native Affairs in re: Yako v Beyi 1948 (1) SA 388 (A) Schreiner J.A. said lifestyle of is a choice of law factor. “Aside from an express choice of laws all connecting factors with conflict of personal laws are designed to determine, in an objective manner, the cultural orientation of the parties. Because the laws involved are conceived in terms of culture .... the connecting factors must be conceived in like terms. The most direct access to a person’s cultural leanings would clearly be his or her lifestyle.” 14 Submission to ‘Register of Reconciliation’ and donation to Presidents Fund for Reparations to assist victims of gross violations of human rights dated 18 January 199914 [PDF: www.scribd.com/doc/16224046] 15 98-05-31: Sun Times: US convict wins love and support in SA town, [PDF: www.scribd.com/doc/5503257]; 98-09-24: YOU & Huisgenoot: Volkrust FarmGirl Doomed Love for Black Convict, by Frans Kemp [PDF: www.scribd.com/doc/13270097] 16 RSA OVERSEAS: South African on hunger strike in California, by Ilda Jacobs 17 In Easter 1993, she was arrested with a few dozen Greenpeace activists in a Save Our Seas anti-nuclear demonstration at Sellafield, Nuclear Power station, in Scotland, for trespassing. She was neither charged nor prosecuted. See: Greenpeace’s Campaign Against Ocean Dumping of Radio-Active Waste, 1978 – 1998 (www.greenpeace.org). 18 98-07-04 Miami Herald: Police action harms image as protectors [PDF: www.scribd.com/doc/5503636] 19 Jericho 98 is the movement to Free America’s Political Prisoners. She participated in Jericho 98, wrote to President Mandela to request his support for the many Anti-Apartheid Activists whom the ANC conveniently forgot, rotting away in America’s prisons: Marilyn Buck, Jaan Laaman, Tom Manning, etc. She visited Marilyn Buck in prison a few times, helped where she could. 20 99-03-16: San Francisco Chronicle: CIA Class Action Suit For Not Reporting Drug Trade [PDF: www.scribd.com/doc/28391760] 21 Presidential UFO: George W. Bush’s UFO Mail: Are You Ready for the Revolution? [PDF: www.scribd.com/doc/33838621] 22 New Abolitionist: Race Traitor: Zero Tolerance [PDF: www.scribd.com/doc/5503955] 23 April 2001: New Abolitionist: Tim McVeigh and Me [PDF: www.scribd.com/doc/5508338] 24 In 2000, she was arrested & detained for 3 hours, with Brad Blanton, Ronny Dugger (founding editor of Texas Observer and Alliance for Democracy), & others in the Wash, DC, Capital of the Rotunda. Issue: Campaign Finance Reform. District Attorney declined to Prosecute. 12

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Boycott 2010 World Cup25, Right of Return for African White Refugees26, et al27. She is 43 years old, has never been on welfare, has used an IUD as contraception since the age of 19, and hence has never been pregnant, nor had an abortion. She has lived an ecological small footprint life; to avoid aggravating overpopulation, resource wars; materialist consumerism and resource depletion.28 5.

Radical Honesty Population Policy Common Sense Social Contract Beliefs: (A) Only a sincere and serious specific, clear and unambiguous Truth and Forgiveness Social Contract29, or similar, unequivocally understood and practiced by the common man can ever contribute to sincere and serious reconciliation and the reconstruction of any violent and conflict ridden family, community, or society; (B) any legislation or jurisprudence such as the TRC Social Contract, which professes to advocate on behalf of human rights, peace and social justice, while ignoring their ecological basis – a stable human population at slightly less than the eco-systems carrying capacity – is endorsing and practicing legal dishonesty and hypocrisy; i.e. fraud. It is legislation and jurisprudence deliberately indifferent to the laws of sustainability, advocating misery.

6.

Radical Honesty in SA: A Culture and Religion, or a Refugee Status Enquiry: The results of a Multi-Culti Rainbow Little Eichmanns30 social science experiment whereby First Amicus provided Applicants, 2nd and 3rd Amicus (incl. other political and academic SA elite) the opportunity to ‘search for the truth’ regarding the relationship between freedom of speech, sincere forgiveness, Stanley Milgrams studies on blind obedience to authority and the common law reasonableness test – i.e. their unequivocal endorsement of the rule of law; their response was “Deliberate Indifference”31

7.

Equity will not allow a statute to be used as a cloak for fraud: Mainstream Access-toDiscourse-Gatekeeper Editors censorship32 of nonviolent political grievances and

25

09-12-17: IOL Tech.: Anti-SA Smear Campaign on Facebook [PDF: www.scribd.com/doc/24312359] 10-04-23: Algemene Dagblad: Zuid Afrikanen Smeken Om Wilders Hulp [PDF: www.scribd.com/doc/31036819] ; 10-04-25: Sunday Argus: SA family seeks repatriation to Netherlands [PDF: www.scribd.com/doc/31036819]; 10-04-30: Mail & Guardian: Persecuted Afrikaners Talk of Returning Home [PDF: www.scribd.com/doc/31036798]; 10-05-17: Christian Science Monitor: White South Africans use Facebook in Campaign to Return to Holland [PDF: www.scribd.com/doc/33839485] 27 On 17 Dec 1998, she was arrested at Oakland Federal Building, with anti-war protestors, who shut down the Federal Building for two hours. She was detained by Oakland Police for an hour, before being released. Alameda Co. District Attorney declined to prosecute. 199812-19 Beeld: SA `plaasmeisie' vas in VSA oor Golf-protes [PDF: www.scribd.com/doc/5504269] 28 The ecological footprint is a measure of human demand on the Earth's ecosystems. It compares human demand with planet Earth's ecological capacity to regenerate. It represents the amount of biologically productive land and sea area needed to regenerate the resources a human population consumes and to absorb and render harmless the corresponding waste. Using this assessment, it is possible to estimate how much of the Earth (or # of Earths) it would take to support humanity if everybody lived a given lifestyle. All we do, buy and breed has ecological consequences. Ecological Footprint, excluding ‘Child-Free’ factor (www.myfootprint.org/en/) is 13.16 gha. 29 Radical Honesty Population Policy Common Sense Social Contract [PDF: www.scribd.com/doc/34270511] 30 Little Eichmanns: phrase used to describe the complicity of participants in destructive and immoral systems in a way that, although on an individual scale may seem indirect, when taken collectively have an Eichmann Milgram Obedience to Authority effect. 31 HC-WC 19963-09: 140 SA Elite Deliberate Indifference to Rule of Law[PDF: www.scribd.com/doc/34274197] 32 “The moderate blacks were not selling the papers. We were presenting a non-violent strategy, that did not say ‘Burn, baby Burn’. A strategy that said people must come together and sit down around a negotiating table. And this is not sensational stuff; it does not sell the papers.” – Rev. John Gogotya, ANC: VIP’s of Violence, documentary; “For revolutionary groups, the more murderous the deed, the more 26

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problem solving activism facilitate a pressure cooker socio-political reality for their ‘If it Bleads, it Leads’ corporate propaganda profits, in knowledge application of: 1. ‘As long as there is some possibility of getting results by political means, the chances that any political group or individual will turn violent are truly radically small, or maybe vanishingly small’33; 2. ‘The exposure in the media is what gets people’s attention. People follow what is happening in the news, not what is happening in the courts’34; 3. ‘[Editors] abuse of media power, by means of strategies whereby they abuse public discourse/free speech resources; by providing certain parties with preferential and special access to such public discourse, and severely restricting or denying others any access to such public discourse35; 4. Mainstream media avoid addressing or enquiring into root causes of problems as reported in How and Why Journalists Avoid Population – Environment connection36; and censor non-violent root-cause problem solving activism37.

I. LEGAL PRINCIPLES ADDRESSED AND RELIED UPON: ‘Lawyers are either social engineers, or they are parasites. Social Engineer Lawyers aim to eliminate the difference between what the laws say and mean, and how they are applied; whereas legal parasites aim to entrench their parasitism from the difference between what the laws say and mean, and the application of such differences to their parasitic benefit.’ – Prof. Charlie Houston, Howard Law School mentor of Justice Thurgood Marshall, Simple Justice: The History of Brown v. Board of Education 38

A. Multi-Cultural Conflict of Laws Substantive Due Process: Clarity & Impartiality: 8.

Multi-cultural Law Must (a) avoid Mono-cultural legal Hegemony, (b) draw on legal cultural diversity: Opinion of Weeramantry J in Case Concerning the GabcikovoNagymaros Project (Hungary v Slovakia) 39, clarifies multi-culti lawmaking: The need for International law to draw upon Worlds Diversity of Cultures in Harmonizing Development and Environmental Protection

certain the media coverage.” -- Nicholas Partridge, Presenter, ANC: VIP’s of Violence. See: Transcript of ANC: VIP’s of Violence at: UA: [C.6] ‘If it Bleads, It Leads,’ Editorial Maxim [PDF: www.scribd.com/doc/32739403] 33 Clark McCauley, Ph.D, Prof. of Psychology at Bryn Mawr College, in When Does Political Anger Turn to Violence?, by Benedict Carey, New York Times, March 26, 2010 [PDF: www.scribd.com/doc/34271993] 34 Jean Pierre Mean, Group General Counsel and Chief Compliance Officer, SGS Group, In Confronting Corruption: The Business Case for an Effective Anti-Corruption Programme, by PricewaterhouseCoopers Intnl [PDF: www.pwc.com/anti-corruption] 35 (I) Power and the news media, Teun A. van Dijk, Univ. of Amsterdam, D. Paletz (Ed.), Political Communication & Action. (pp. 9-36). Cresskill, NJ: Hampton Press, 1995 [PDF: www.scribd.com/doc/34271955] ; (II) Ubuntu Amicus (UA) : [C] Right to ‘Free Speech’ Propaganda Profits Deception [PDF: www.scribd.com/doc/32739403] 36 CCT 23-10: Statement of Consent by Dr. T. Michael Maher [PDF: www.scribd.com/doc/31373074]; How and Why Journalists Avoid Population-Environment Connection, by T. Michael Maher, Ph.D. [PDF: www.scribd.com/doc/33694415] 37 HC-WC 19963-09: 140 SA Elite Deliberate Indifference to Rule of Law [PDF: www.scribd.com/doc/34274197] 38 Simple Justice: The History of Brown v. Board of Education, the epochal Supreme Court decision that outlawed segregation, and of black America’s century-long struggle for equality under law, by Richard Kluger; Random House (1975) (pp126-129) 39 Opinion of Weeramantry J in the Case Concerning the Gabcikovo-Nagymaros Project (Hungary v Slovakia) (1998) 37 International Legal Materials 162 206. [PDF: www.scribd.com/doc/34456660]. See also: Smit NO and Others v King Goodwill Zwelithini Kabhekuzulu and Others (10237/2009) [2009] ZAKZPHC 75 (4 December 2009); Article 27 of the International Covenant on Civil and Political Rights; Sandra Lovelace v. Canada, Communication No. R.6/24 (29 December 1977), U.N. Doc. Supp. No. 40 (A/36/40) at 166 (1981)

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In drawing into international law the benefits of the insights available from other cultures, and in looking to the past for inspiration, international environmental law would not be departing from traditional methods of international law, but would, in fact, be following in the path charted out by Grotius. Rather than laying down a set of principles a priori for the new discipline of international law, he sought them also a posteriori from the experience of the past, searching through a whole range of cultures available to him for this purpose40. From them he drew the durable principles which had weathered the ages, on which to build the new international order of the future. Environmental law is now in a formative stage, not unlike international law in its early stages. A wealth of past experience from a variety of cultures is available to it. It would be pity indeed if it were left untapped merely because of attitudes of formalism which see such approaches as not being entirely de rigueur. I cite in this connection an observation of Sir Robert Jennings that, in taking note of different legal traditions and cultures, the International Court (as it did in the Western Sahara) case: “was asserting, not negating, the Grotian subjection of the totality of international relations to international law. It seems to the writer, indeed, that at the present juncture in the development of the international legal system it may be more important to stress the imperative need to develop international law to comprehend within itself the rich diversity of cultures, civilizations and legal traditions….”41 Moreover, especially at the frontiers of the discipline of international law, it needs to be multi-disciplinary, drawing from other disciplines such as history, sociology, anthropology, and psychology such wisdom as may be relevant for its purpose. On the need for the international law of the future to be disciplinary, I refer to another recent extra-judicial observation of distinguished former President of the Court that: “there should be a much greater, and a practical, recognition by international lawyers that the rule of law in international affairs, and the establishment of international justice, are inter-disciplinary subjects42. Especially where this Court is concerned, “the essence of true universality” of the institution is captured in the language of Article 9 of the Statute of the International Court of Justice which requires the “representation of the main forms of civilization and of the principle legal systems of the world.” (emphasis added)…. I see the Court as being charged with a duty to draw upon the wisdom of the worlds several civilizations, where such a course can enrich its insights into the matter before it. The Court cannot afford to be monocultural, especially where it is entering newly developing areas of law.

9.

The Constitution provides an entitlement for invoking43 cultural law44 in S. 15 (3), 30, 31, and 185, which require the application of choice of law rules. Constitutional Law of South Africa, Freedom and Security of the Person45 states: “By substantive due process, the courts and commentators of the time meant that a law could be found

40 Julius Stone, Human Law and Human Justice, 1965, p.66: “It was for this reason that Grotius added to his theoretical deductions such a mass of concrete examples from history.” 41 Sir Robert Y. Jennings, Universal International Law in a Multicultural World, in International Law and the Grotian Heritage: A Commemorative Colloquium on the Occasion of the Fourth Centenary of the Birth of Hugo Grotius, edited and published by the T.M.C. Asser Institute, The Hague, 1985, p. 195. 42 International Lawyers and the Progressive Development of International Law, Theory of International Law at the Threshold of the 21st Century, Jerzy Makarczyk (ed), 1996, p 423. 43 Ex parte Minister of Native Affairs: In re Yako v Beyi 1948 (1) SA 388 (A) at 397: Appellate Division held that neither common nor customary law was prima facie applicable. Courts had to consider all the circumstances of a case, and, without any preconceived view about the applicability of one or other legal system, select the appropriate law on the basis of its inquiry. 44 SALC, Sept 1999: Report on Conflicts of law: P.22: ‘1.58. The Constitution now provides an entitlement for invoking customary law in legal suits. Because ss 30 and 31 specifically guarantee an individual and a group's right to pursue a culture of choice, it could be argued that application of customary law has become a constitutional right. Previously, the state had assumed complete discretion in deciding whether and to what extent customary law should be recognized, an attitude typical of colonial thinking, for Africans were subject to whatever policies the conquering state chose to impose on them. Now, however, the state has a duty to allow people to participate in the culture they choose, implicit in this duty is a responsibility to uphold the institutions on which that culture is based.’ 45 I Currie & S. Woolman, Freedom and Security of the Person, in M Chaskalson et al (eds) Constitutional Law of SA (1998)

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unconstitutional as a violation of due process if “it exceeded all bounds of the social compact.’46 The doctrine of Substantive Due Process47 requires that "due process," that is, basic procedural rights be applied, but it also protects basic substantive rights. "Substantive" rights are those general rights that reserve to the individual the power to possess or to do certain things, despite the government’s desire to the contrary. These are rights like freedom of speech and religion. "Procedural" rights are special rights that, instead, dictate how the government can lawfully go about taking away a person’s freedom or property or life, when the law gives them such power. But the State has to use sufficiently fair and just legal ‘due process’ procedures to lawfully deny any right. Substantive due process guarantee not only due process (just procedures), but also that these rights cannot be taken away without reasonable governmental justification, regardless of the procedures used to do the taking. 10.

In Lithgow & others v. United Kingdom48, the European Court of Human Rights held that the rule of law requires provisions of legislation to be adequately accessible and sufficiently precise to enable people to regulate their affairs in accord with the law: “As regards the phrase "subject to the conditions provided for by law", it requires in the first place the existence of and compliance with adequately accessible and sufficiently precise domestic legal provisions (see, amongst other authorities, the alone judgment of 2 August 1984, Series A no. 82, pp. 31-33, paras. 66-68).”

11.

R v Sussex Justices, Ex parte McCarthy49 established the principle that the mere appearance of bias -- in that case a conflict of interest, on the part of the judicial officer -- is sufficient to overturn a judicial decision. A person who makes a decision should be unbiased and act in good faith, cannot be a party in the case, nor an interest in the outcome: "no man is permitted to be judge in his own cause". In the Kings Bench Judicial Review case, Lord Chief Justice Hewart found that: “.... a long line of cases shows that it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done. .... Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice.

B. Bolam Test: Common Law Reasonableness Test: Skill & Competencies:

46

R Rotunda & J Novak Treatise on Constitutional Law vol 2 (1992) at 380. See: ‘Judicial Activism… Search for Truth’: The substantive due process right to (a) …. free speech; and (b) the rights of “discrete and insular minorities” originated in United States v. Carolene Products Co., 304 U.S. 144 (1938), footnote 4. If the court establishes that the right being violated is a fundamental right, it applies strict scrutiny. This test inquires into whether there is a compelling state interest being furthered by the violation of the right, and whether the law in question is narrowly tailored to address the state interest. 48 Lithgow & others v. United Kingdom (1986) * EHRR 329 § 110 [PDF: www.scribd.com/doc/34456270] 49 R v Sussex Justices, Ex parte McCarthy ([1924] 1 KB 256, [1923] All ER 233) [PDF: www.scribd.com/doc/34456310] 47

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12.

First Amicus alleges that the common law principle of the ordinary (Clapham Omnibus50), reasonable51, fair-minded citizen is an illusion52, an approximate 9.2% miniscule minority in all cultures53. The majority ordinary and elite are ignorant, prejudiced, unreasonable54 citizens, frequently psychologically insecure55, and desperate for anyone with an ‘air of authority/credibility56 to provide them with the public relations57 certainty -- although an illusion58 -- their herd mentality / politically correct59 beliefs are ‘absolutely right/superior’60.

13.

According to the Common law Reasonable Man Test, if the defendants actions served a socially useful purpose then he may be justified in taking greater risks; and if she acted in accordance with the common practice of others, this is considered strong evidence, with special standards being appropriate to professionals61. In Bolam v. Friern Hospital Management Committee62, Judge McNair’s judgement dealt with the application of the common law reasonableness test in regards to negligence, where the ‘reasonableness test’ circumstance involved a special skill or competence.

50 ‘The man on the Clapham omnibus’, is in legal speak, 'the reasonable person'. This is a phrase that was first used by Sir Charles Bowen, QC (later Lord Bowen). (Brewer's Dictionary of Phrase & Fable, 16th Edition, 1995) The man on the Clapham omnibus / the man in the street means the average ordinary English person (Oxford Guide to British & American Culture, 1999) 51 Zimbardo, P.G. (2007). The Lucifer Effect: Understanding How Good People Turn Evil. New York: Random House. 52 Milgram, Stanley (1963). "Behavioral Study of Obedience". Journal of Abnormal and Social Psychology 67: 371–378. Blass, Thomas. (2002), "The Man Who Shocked the World, "Psychology Today, 35:(2), Mar/Apr 2002. [PDF: www.scribd.com/doc/34496359]; The Milgram Paradigm after 35 Years: Some Things We Now Know about Obedience to Authority, by Thomas Blass, University of Maryland, Baltimore County: "If a system of death camps were set up in the United States of the sort we had seen in Nazi Germany, one would be able to find sufficient personnel for those camps in any medium-sized American town." Stanley Milgram, [PDF: www.scribd.com/doc/34496532] 53 Blanton, Brad Ph.D: Reasonableness Test Radical Honesty Skills & Competencies Affidavit [PDF: www.scribd.com/doc/33790671] 54 Solomon Asch, Opinions and Social Pressure (1955): “In the 1950s the social psychologist Solomon Asch conducted a famous experiment that highlighted the fragility of the person in a mass society when he is confronted with the contrary opinion of a majority, and the tendency to conform even if this means to go against the person's basic perceptions. This is a chilling text that should be carefully read and remembered whenever we think we are swayed by the mass, against our deepest feelings and convictions. At that moment we should be on the alert, re-examining all positions (ours included) and then taking decisions as free, mature and fully responsible human beings, whatever the direction taken by the mass or by a majority.”. [PDF: www.scribd.com/doc/34292822] 55 McElvaine, R: Eve's Seed: Masculine Insecurity, Metaphor and the Shaping of History [PDF: www.scribd.com/doc/34104187] 56 Hundreds of Federal Agents Fall Victim to Ponzi Scheme, AOLNews, July 8, 2010. [PDF: www.scribd.com/doc/34292821]. 57 Propaganda by Edward Bernays [PDF: www.scribd.com/doc/34292992] 58 Non-Descartian/Radical Honesty (I am, therefore I think) Worldview: See: Practicing Radical Honesty : Chapter 2: What is a Mind and How Does It Work?, Chapter 3. Dysfunctional Family University, The World-Famous School Within Which We Grew Our Minds; Chapter 8. Community and Compassion; [PDF: http://www.scribd.com/doc/33790790]; Waking from the Meme Dream: Who Am I? Do I Exist?; by Susan Blackmore; Paper presented: The Psychology of Awakening: International Conference on Buddhism, Science & Psychotherapy Dartington 710 November 1996; also The Psychology of Awakening: Buddhism, Science & Our Day-to-day Lives. Ed. G.Watson, S.Batchelor and G.Claxton; London, Rider, 2000, 112-122 [PDF: www.scribd.com/doc/33790665]; The Origin of Consciousness in the Breakdown of the Bicameral Mind, by Julian Jaynes (1976); The Computational Brain, Churchland,P.S. and Sejnowski,T.J. (1992); Cambridge, Mass. MIT Press; To Have or to Be, by Erich Fromm, World Perspective Series, by Harper & Row; et al; [PDF: www.scribd.com/doc/32739383] 59 Asch, S. E. (1951). Effects of group pressure upon the modification and distortion of judgment. In H. Guetzkow (ed.) Groups, leadership and men. Pittsburgh, PA: Carnegie Press; Asch, S. E. (1956). Studies of independence and conformity: A minority of one against a unanimous majority. Psychological Monographs, 70 (Whole no. 416); Bond, R., & Smith, P. (1996). Culture and conformity: A meta-analysis of studies using Asch’s (1952b, 1956) line judgment task. Psychological Bulletin, 119, 111-137. 60 Charleston v News Group Newspapers Ltd 1995] 2 AC 65, [1995] UKHL 6, [1995] 2 WLR 450, [1995] 2 All ER 313: "Everyone outside a court of law recognises that words are imprecise instruments for communicating the thoughts of one man to another. The same words may be understood by one man in a different meaning from that in which they are understood by another and both meanings may be different from that which the author of the words intended to convey. But the notion that the same words should bear different meanings to different men and that more than one meaning should be 'right' conflicts with the whole training of a lawyer. Words are the tools of his trade. He uses them to define legal rights and duties. They do not achieve that purpose unless there can be attributed to them a single meaning as the 'right' meaning. And so the argument between lawyers as to the meaning of words starts with the unexpressed major premise that any particular combination of words has one meaning which is not necessarily the same as that intended by him who published them or understood by any of those who read them but is capable of ascertainment as being the 'right' meaning by the adjudicator to whom the law confides the responsibility of determining it. ... [PDF: www.scribd.com/doc/34456692] 61 Daborn v. Bath Tramways [1946] 2 All ER 333; and Watt v Hertfordshire County Council [1954] 2 All ER 368; Gray v Stead [1999] 2 Lloyd’s Rep 559; Philips v William Whiteley [1938] 1 All ER 566 62 Bolam v. Friern Hospital Management Committee [1957] 1 WLR 582; [1957] 2 All ER 118 [PDF: www.scribd.com/doc/33092633]

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But, where you get a situation which involves the use of some special skill or competence, then the test whether there has been negligence or not is not the test of the man on the top of a Clapham omnibus, because he has not got this special skill. The test is the standard of the ordinary skilled man exercising and professing to have that special skill. A man need not possess the highest skill at the risk of being found negligent. It is well established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art.

14.

Similarly, the common law reasonableness test has cultural applications, similar to that of a professional skill application. Where the ‘reasonableness’ of an act is questioned that involves the skills or common practices within a particular culture/tribe, then the skills and practices of that particular tribe needs to be applied to determine the cultural/tribal ‘reasonableness’ of the individual’s circumstances63.

C. Political Necessity: Freedom of Speech and Civil Disobedience 15.

In Civil Disobedience and the Necessity Defence64, John Alan Cohan describes the Civil Disobedience Free Speech Necessity Defence as follows: Freedom of expression in a free society includes freewheeling public dissent on controversial political issues of the day. Civil disobedience is a form of protest that, while usually peaceful, involves violating the law—usually by trespassing on government property, blocking access to buildings, or engaging in disorderly conduct. Civil disobedience has been called “the deliberate violation of law for a vital social purpose.”65 In their day in court, civil disobedients have at times sought to interpose the necessity defense to justify their conduct. The necessity defense asserts that breaking the law was justified in order to avert a greater harm that would occur as a result of the government policy the offender was protesting. Protestors will seek to invoke the necessity defense not so much to gain acquittal from the relatively minor charges, but to advance the more important objective of publicly airing the moral and political issues that inspired their act of civil disobedience. There is the hope of gaining notoriety for a cause by discussing it in court, and “educating” the jury about political grievances or other social harms. The strategy is meant to appeal to a higher principle than the law being violated—the necessity of stopping objectionable government policies—and to let the jury have an opportunity to weigh their technically illegal actions on the scales of justice. Acquittal is of course hoped for in the end but may be quite low on the protestors’ list of priorities. The necessity defense is attractive to reformers who practice civil disobedience because it allows them to deny guilt without renouncing their socially driven acts. It offers a means to discuss political issues in the courtroom, a forum in which reformers can demand equal time and, perhaps, respect. Moreover, its elements allow civil disobedients to describe their political motivations. In proving the imminence of the harm, they can demonstrate the urgency of the social problem. In showing the relative severity of the harms, they can show the seriousness of the social evil they seek to avert. In establishing the lack of reasonable alternatives, they can assault the unresponsiveness of those in power in dealing with the problem and prod them to action. And in presenting evidence of a causal relationship, they can argue the importance of individual action in reforming society. Thus, the elements of

63

Smit NO and Others v King Goodwill Zwelithini Kabhekuzulu and Others (10237/2009) [2009] ZAKZPHC 75 (4 December 2009); S v Zuma (JPV325/05, JPV325/05) [2006] ZAGPHC 45; 2006 (2) SACR 191 (W); 2006 (7) BCLR 790 (W) (8 May 2006), at: p.98; Sandra Lovelace v. Canada, Communication No. R.6/24 (29 December 1977), U.N. Doc. Supp. No. 40 (A/36/40) at 166 (1981). 64 Civil Disobedience and the Necessity Defense, by John Alan Cohan, J.D. Loyola Law School; B.A. University of Southern California; Pierce Law Review. [PDF: www.scribd.com/doc/33149485] 65 Howard Zinn, Disobedience and Democracy: Nine Falacies on Law and Order 39 (1968)

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the necessity defense provide an excellent structure for publicizing and debating political issues in the judicial forum.66 The goal of describing their political motivations to the jury, and implicitly to the media, is subject to numerous hurdles inherent in the necessity defense. In most instances, as we will see, courts will rule as a matter of law that the actors have failed in the offer of proof regarding the elements of the necessity defense so that the jury rarely is given the chance to weigh in on the matter. On the other hand, if the defense is allowed, the jury is called upon to weigh controversial political issues and to function as the “conscience of the community.” “Reflected in the jury’s decision is a judgment of whether, under all the circumstances of the event and in the light of all known about the defendant, the prohibited act, if committed, deserves condemnation by the law.” In cases where judges have been persuaded to allow the necessity defense, juries have, often enough, delivered not guilty verdicts Definition of Civil Disobedience John Rawls defines civil disobedience as “a public, nonviolent, conscientious yet political act contrary to law usually done with the aim of bringing about a change in the law or policies of the government.”67 A more comprehensive definition of civil disobedience is: Civil disobedience is an act of protest, deliberately unlawful, conscientiously and publicly performed. It may have as its object the laws or policies of some governmental body, or those of some private corporate body whose decisions have serious public consequences; but in either case the disobedient protest is almost invariably nonviolent in character.68 Broadly construed, civil disobedience may be directed toward a law or policy of the government, or toward a corporate entity whose policy is the subject of protest. Civil disobedients hope that their conduct makes a dramatic appeal to the conscience of the community, affects public awareness of a particular social issue, and motivates citizens to demand change in certain policies. Civil disobedience is a singular hallmark of a free country: We must recognize that civil disobedience in various forms, used without violent acts against others, is engrained in our society and the moral correctness of political protestors’ views has on occasion served to change and better our society. Civil disobedience has been prevalent throughout this nation’s history extending from the Boston Tea Party and the signing of the Declaration of Independence, to the freeing of the slaves by operation of the Underground Railroad in the mid-1880’s…. Civil disobedience differs from other forms of peaceful protest in that there is a technical violation of the law such as trespass, blocking of public access, or disorderly conduct; and the violation is part of the effort to garner public attention to the cause. Historic Instances of Civil Disobedience Of course, civil disobedience is something of a democratic tradition. ….. As early as 1635, American colonists were persecuted for direct civil disobedience in refusing to obey certain laws by reason of conscience.69…. In 1846, Henry David Thoreau wrote his famous and influential essay, On the Duty of Civil Disobedience, in which he gave a cogent argument on the necessity of direct civil disobedience. 66 Steven M. Bauer & Peter J. Eckerstrom, The State Made Me Do It: The Applicability of the Necessity Defense to Civil Disobedience, 39 STAN. L. REV. 1173, 1176 (1987). 67 John Rawls, A Theory of Justice 364 (1971) 68 Carl Cohen, Civil Disobedience: Conscience, Tactics, and the Law 39–40 (1971) (emphasis omitted); see Blacks Law Dictionary 223 (5th ed. 1979) (defining civil disobedience as “a form of lawbreaking employed to demonstrate the injustice or unfairness of a particular law and indulged in deliberately to focus attention on the allegedly undesirable law”). 69 William P. Quigley, The Necessity Defense in Civil Disobedience Cases: Bring in the Jury, 38 NEW ENG. L. REV. 3, 18 (2003) Quigley, supra note 10, at 21; see, e.g., Power of the People: Active Nonviolence in the United States 15 (Robert Cooney & Helen Michalowski eds., 1977). In 1635, the General Court of Massachusetts banished Roger Williams for criticizing the Puritan clergy’s persecution of people of conscience and for insisting that the land still belonged to Native Americans. See id. Anne Hutchinson was banished in 1638 for publicly insisting that conscience was a higher authority than law. See id. At 15–16. The Society of Friends, a pacifist group, was banned from Massachusetts from 1654 to 1661; a law in 1657 imposed a fine of 100 pounds on anyone who brought a Quaker into the territory. See id. In 1658, a Quaker named Richard Keene was fined and beaten for refusing to be trained as a soldier. See id. at 18.

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D. Judicial Activism: A More Searching Judicial Enquiry70: Search for Truth 16.

In The Living U.S. Constitution71, Padover and Landynski write: How to reconcile judicial review with majority rule has been a basic issue, at times a critical one, in our polity. In 1938 Justice Stone, in the famous footnote 4 to U.S. v. Carolene Products72, articulated a justification for judicial activism in the field of individual rights when he suggested that, unlike challenges to “ordinary commercial transactions,” “there may be narrower scopes for operation of the presumption of constitutionality when legislation appears on its face to be within specific prohibition of the Constitution… The same were true with regard to “legislation which restricts [the] political processes” or is directed at “discrete and insular” (i.e. vulnerable) minority groups; these situations might call for a “more searching judicial enquiry. In other words, ordinarily the political system is adequate to defend individual liberties. When it is not, the Courts role must be redefined to allow for broader judicial review as a substitute for the political review, which these groups are unable to effectively obtain. In effect the court, should appoint itself as a surrogate legislature, judicially awarding the legislative bargains it believes these groups would themselves have struck were they politically influential. In such circumstances, judicial activism becomes defensible as a safeguard for democratic principles, for the Court can be seen as aiding democracy rather than blocking it, as giving expression to the political process rather than negating it.

17.

In Judicial Activism in South Africa’s Constitutional Court: Minority Protection or Judicial Illegitimacy?, Anthony Chima Diala73 writes: In South Africa, the ANC enjoys an overwhelming political dominance which has practically neutralized significant parliamentary opposition. In the absence of strong opposition, the duty of protecting ‘discrete and insular minorities’74 falls on the Constitutional Court. To do otherwise in a country with a remarkable history of injustice might make such minorities not only ‘perpetual losers,’ but also ‘scapegoats in political struggles’75

18.

In the context of a religious76 enquiry (search for truth) of the relationship between: (i) freedom of speech, (ii) sincere forgiveness, (iii) Stanley Milgrams studies on obedience, and (iv) and the common law reasonableness test; First Amicus reiterates: “...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,

70

Ubuntu Amicus (“UA”) : 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: [A.12] Judicial Enquiry: Simple Justice Tribal Consciousness [PDF: www.scribd.com/doc/32739370] 71 The Living U.S. Constitution, by Saul K. Padover; Revised by Jacob W. Landynski; Third Revised Edition (Pg 64) 72 United States v. Carolene Products Co. , 304 U.S. 144 (1938) [PDF: www.scribd.com/doc/33092567] 73 Submitted in partial fulfilment of requirements for an LL.M. (Human Rights and Democratisation in Africa) degree of the Centre for Human rights, University of Pretoria, 29 October 2007 74 United States v. Carolene Products Co. 304 U.S. 144, 152-53 (1938), FN 4 para 4 [PDF: www.scribd.com/doc/33092567] 75 R.M. Cover, The Origins of Judicial Activism in the Protection of Minorities, (1982), Yale Law School, vol 91, No 7, p 1287. It has been noted that: ‘(w)ith little meaningful institutional separation of powers between the executive and legislative branches, South Africa’s judiciary is central to prospects for accountable government.’ See R. Alence, ‘South Africa after Apartheid: The First Decade’ (2004), Journal for Democracy, vol 15, No 3, p 87-89. 76 Fromm, Erich, To Have or To Be (Continuum 2000: p135-136) [See: Radical Honesty: Religion & Culture; or Refugee Status?]

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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) 'If you have no doubt of your premises or your power and want a certain result with all your heart, you naturally express your wishes in law and sweep away all opposition. But when men have realised that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas – that the best test of truth is the power of the thought to get itself accepted in the competition of the market; and that truth is the only ground upon which their wishes safely can be carried out.” Abrams v United States 250 US 616 (1919) at 630

E. EcoLaw 101: Laws of Sustainability: Ecological Social Contract 19.

Sustainability, i.e. environmental or ecological rights and responsibilities are the sine qua non77 foundation for all other rights78. However adding "sustainable" to our legal vocabulary, is not sufficient to ensure that our society becomes sustainable, unless the definition of sustainable is sufficiently precise79 to enable sustainable living.

20.

In Socio-Economic Rights in South Africa: International and Constitutional Law80: Environmental Rights, Feris and Tladi, detail three main approaches to the environment. The first, as a right in an of itself as represented in the Proposed Legal Principles for Environment Protection and Sustainable Development, adopted by the World Commission on Environment and Development (WCED) Experts Group on Environmental Law81. The second, under existing recognized rights, as a violation of life, health and dignity. An example is found in Principle 1 of the Declaration of the United Nations Conference on Human Environment (Stockholm Declaration), which provides that humans have ‘the fundamental right to freedom… in an environment of a quality that permits a life of dignity’. This approach is supported by the European Court of Human Rights82 and the opinion of Weeramantry J in Case Concerning the Gabcikovo-

77 Opinion of Weeramantry J in the Case Concerning the Gabcikovo-Nagymaros Project (Hungary v Slovakia) (1998) 37 International Legal Materials 162 206. [PDF: www.scribd.com/doc/34456660] 78 Democracy Cannot Survive Overpopulation, Al Bartlett, Ph.D., Population & Environment, Vol. 22, No. 1, Sep 2000, pgs. 63-71 [PDF: www.scribd.com/doc/34102633] 79 Lithgow & others v. United Kingdom (1986) * EHRR 329 § 110 [PDF: www.scribd.com/doc/34456270] 80 Socio-Economic Rights in South Africa: International and Constitutional Law, by Danie Brand & Christof Heyns (eds), CHR 81 Principle 1: ‘All human beings have the fundamental right to an environment adequate for their health and well-being.; Principle 2 (adopted by the UN Commission on Human Rights), provides that all persons ‘have the right to a secure, healthy and ecologically sound environment.’ See Proposed Legal Principles for Environmental Protection and Sustainable Development, adopted by the WCED Experts Group on Environmental Law, reproduced in WCED Our Common Future (1987) 348. See also Principle 1, Draft Principles on Human Rights and the Environment in UN Sub-Commission on Prevention of Discrimination and Protection of Minorities Human Rights and the Environment, Final Report of the Special Rapporteur, UN Doc E/CN.4.Sub2/1994 19 82 See eg Lopez Ostra v Spain (1995) ECHR Ser A 303-C.

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Nagymaros Project (Hungary v Slovakia), where the Judged ruled that the protection of the environment is a ‘sine qua non for numerous human rights’83: Environmental Protection as a Principle of International Law The protection of the environment is likewise a vital part of contemporary human rights doctrine, for it is a sine qua non for numerous human rights such as the right to health and the right to life itself. It is scarcely necessary to elaborate on this, as damage to the environment can impair and undermine all the human rights spoken of in the Universal Declaration and other human rights instruments. …. Thus Arthur C. Clarke, the noted futurist, with that vision which has enabled him to bring high science to the service of humanity, put his finger on the precise legal problem we are considering when he observed: “the small Indian ocean island.. provides textbook examples of many modern dilemmas: development versus environment84, and proceeds immediately to recapitulate the famous sermon… relating to the trusteeship of the land, observing, “For as King Devanampiya Tissa was told three centuries before the birth of Christ, we are its guardians – not its owners.” The task of the law is to convert such wisdom into practical terms – and the law has often lagged behind other disciplines in so doing.

21.

The third approach involves the use of procedural rights, such as access to information, as ruled in Van Huyssteen NO v Minister of Environmental Affairs and Tourism85 where the court held that opponents to a proposed development had both locus standi and the right to access to information. This approach is ‘said to be the key to environmental rights’, since the “idea is that if principles of democratic governance such as openness, accountability and civic participation are adhered to, then environmental standards will be maintained, or at least improved.”

22.

Additional international instruments on sustainability, including the principles of intergenerational equity and integration, as made famous by Edith Brown Weiss. It imposes an obligation to conserve natural and cultural resource base for future generations86, in binding87 and nonbinding modern international instruments.

83 Opinion of Weeramantry J in the Case Concerning the Gabcikovo-Nagymaros Project (Hungary v Slovakia) (1998) 37 International Legal Materials 162 206. [PDF: www.scribd.com/doc/34456660] 84 Arthur C. Clarke, Sri Lankas Wildlife Heritage, National Geographic, August 1983, No. 2, p 254; emphasis added 85 Van Huyssteen NNO v Minister of Environmental Affairs and Tourism 1995 9 BCLR 1191 (C). For a discussion, se A. Eide et al (eds) Economic, social and cultural rights: A textbook (1995) 261 et seq. The authors discuss Communication 429/1990, EW & Others v The Netherlands as an example of how this is achieved. 86 (i) EB Weiss In fairness to future generations: International law, common patrimony and intergenerational equity, in P Hayden (ed) the Philosophy of human rights (2001) 618; (ii) EB Weiss The planetary trust: Conservation and intergenerational equity (1984) Ecology Law Quarterly 495; (iii) EB Weiss Our rights and obligations to future generations for the environment (1990) 84 American Journal of International Law 198; (iv) L Gundling, Our responsibility to future generations (1990) 84 American Journal of International Law 207; (v) Judgement of Davide J in Minors Oposa v Secretary of Department of Environment and Natural Resources Supreme Court of Philippines (reproduced in (1994) 83 International Legal Materials 173) in which the Court granted the petitioners claim to a right to a balanced ecology, for themselves, and also for future Filipino’s. 87 (i) Art 3(1) of the 1992 United Nations Framework Convention on Climate Change, reprinted in (1992) 31 International Legal Materials 851, which provides that ‘parties should protect the climate system for the benefit of the present and future generations of humankind’. (ii) Preamble of the 1992 Biodiversity Convention, reprinted in (1992) 31 International Legal Materials 822, makes use of intergenerational equity. For earlier instruments see the Preambles of the 1968 Convention on African Nature Conservation, and the 1972 World Heritage Convention.

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23.

SA’s environmental rights is guaranteed in Section 24 of the Constitution, leaving no question whatsoever as to the existence of this distinct environmental right.

24.

In Constitutional Law of SA: Environmental Law and Rights88, Gutto, writes: In three main cases dealing directly with environmental law in light of the interim Constitution civil cases have been successful against ‘environmentally harmful activities’ of private persons and corporations.89 ‘Environment rights’ are also not new; the Environment Conservation Act, 73 of 1989, was considered by the Department and Ministry of Environmental Affairs90 as ‘the most important environmental statute in SA’91 Many acts preceded it92, as identified by the Department of Environmental Affairs, as forming part of the major legislation on the environment93. The common-law source of environmental rights is well established in several branches of delict… The development of environmental norms and principles through the tort/delict of nuisance is a general feature of common-law legal systems and is not unique to South Africa …… The origin of the constitutional provision in environmental rights is partly rooted in these ‘sources’ and not in some abstract notions of rights without history or relevance to reality of life in society.’ [Finally the] right or freedom to engage in economic activities (s 26) is limited, to ensure that such ensure conformity to environmental rights requirements.

25.

The 18 Laws of Sustainability were authored by Dr. Albert Bartlett94, in Reflections on Sustainability, Population Growth and the Environment95, republished in The Essential Exponential! For the Future of our Planet96, which documents his assertion that, “[T]he greatest shortcoming of the human race is our inability to understand the exponential function.” The laws detailed descriptions, and the Hypothesis, Observations and Predictions to define the term ‘sustainability’. The 18 laws are believed to hold rigorously, with few exceptions: 1. Population growth and / or growth in the rates of consumption of resources cannot be sustained.

88

SBO Gutto ‘Environmental law and Rights’ in M Chaskalson et al (eds) Constitutional Law of South Africa (1998) Van Huyssteen & others NNO v Minister of Environmental Affairs and Tourism and others 1996 (1) SA 283 (C); Wildlife Society of Southern Africa & others v. Minister of Environmental Affairs and Tourism of the Republic of South Africa & others 1996 (3) SA 1096 (Tk); Minister of Health and Wealth v. Woodcarb (Pty) & another 1996 (3) SA 155 (N). 90 Dept. of Environmental Affairs General Environment Policy (Jan 1994); ‘Mission Statement 1992’ in (Mar/Apr 1992) SA Panorama 4. 91 Andre Rabie ‘The Environment Conservation Act and its Implementation (Jan 1994) 1 SA Journal of Environmental Law and Policy 113 92 The Atmospheric Pollution Prevention Act 45 of 1965, the Water Act 54 of 1956, the Minerals Act 50 of 1991, the Conservation of Agricultural Resources Act 43 of 1983, and the Health Act 63 of 1977. 93 Department of Environmental Affairs Statutory Obligations and Responsibilities (January 1994) 16-17. Other statutes identified as major environmental legislation by the Department include the Agricultural Pests Act 36 of 1983, the Animal Diseases Act 35 of 1984, the Animal Protection Act 71 of 1962 (now repealed by act 139 of 1992), the Common Pasture Management Act 82 of 1977, the Forest Act 122 of 1984, the Medicines and Related Substances Control Act 101 of 1965, the Mountain Catchments Areas Act 63 of 1970, the National Parks Act 57 of 1976, the Sea Fishery Act 12 of 19988, the Physical Planning Act 125 of 1991, the Sea-Shore Act 21 of 1935, the Territorial Waters Act 87 of 1963, the Housing Act of 1966, the Dumping at Sea Control Act 73 of 1980, the Hazardous Substances Act 52 of 1951, the Slums Act 76 of 1979, the Less Formal Township Establishment Act 113 of 1991, and the State Land Disposal Act 48 of 1961. See also Department of Environmental Affairs (Teurinigs (ed) Guide to Legislation Concerning: (1) Natural Environment; (2) Pollution; (3) Built Environment; (4) Cultural Environment (February 1993). 94 www.albartlett.org: Albert Bartlett is Professor Emeritus at Colorado University at Boulder, and been a faculty member since 1950. He was President of the American Association of Physics Teachers in 1978, and in 1981 received the Associations Robert A. Millikan Award for outstanding scholarly contributions to physics education. He is a fellow of the American Physical Society, and of the American Association for the Advancement of Science. In 2001 he testified before the US Congress on energy policy. He has given his celebrated lecture, Arithmetic, Population and Energy over 1,600 times since September 1969. 95 Reflections on Sustainability, Population Growth, and the Environment, by Albert Bartlett, Ph.D., Paper first published in Population & Environment, Vol. 16, No. 1, Sep 1994, pp. 5-35; (1998) [PDF: www.scribd.com/doc/33707684] 96 Reprints of Dr. Bartlett’s papers have been published by the University of Nebraska at Lincoln in the book The Essential Exponential! For the Future of Our Planet, compiled by University of Nebraska physicists, features articles from scholars on exponential human population growth and increasing rate of natural resource consumption. [PDF: www.scribd.com/doc/34456952] 89

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2. In a society with a growing population and / or growing rates of consumption of resources, the larger the population, and / or the larger the rates of consumption of resources, the more difficult it will be to transform the society to the condition of sustainability. 3. The response time of populations to changes in the human fertility rate is the average length of a human life, or approximately 70 years. 4. The size of population that can be sustained (the carrying capacity) and the sustainable average standard of living of the population are inversely related to one another. 5. Sustainability requires that the size of the population be less than or equal to the carrying capacity of the ecosystem for the desired standard of living. 6. (The lesson of "The Tragedy of the Commons") (Hardin 1968): The benefits of population growth and of growth in the rates of consumption of resources accrue to a few; the costs of population growth and growth in the rates of consumption of resources are borne by all of society. 7. Growth in the rate of consumption of a non-renewable resource, such as a fossil fuel, causes a dramatic decrease in the life-expectancy of the resource. 8. The time of expiration of non-renewable resources can be postponed, possibly for a very long time. 9. When large efforts are made to improve the efficiency with which resources are used, the resulting savings are easily and completely wiped out by the added resources consumed as a consequence of modest increases in population. 10. The benefits of large efforts to preserve the environment are easily cancelled by the added demands on the environment that result from small increases in human population. 11. (Second Law of Thermodynamics) When rates of pollution exceed the natural cleansing capacity of the environment, it is easier to pollute than it is to clean up the environment. 12. The chief cause of problems is solutions. (Sevareid 1970) 13. Humans will always be dependent on agriculture. 14. If, for whatever reason, humans fail to stop population growth and growth in the rates of consumption of resources, Nature will stop these growths. 15. In every local situation, creating jobs increases the number of people locally who are out of work. 16. Starving people don't care about sustainability. 17. The addition of the word "sustainable" to our vocabulary, to our reports, programs, and papers, to the names of our academic institutes and research programs, and to our community initiatives, is not sufficient to ensure that our society becomes sustainable. 18. Extinction is forever.

II. TRUTH AND FORGIVENESS SOCIAL CONTRACT PRINCIPLES “The struggle to establish a human rights culture in Africa cannot be won unless Africans address the causes of massive human rights violations97… Africa must reexamine its priorities if it has to come out of the culture of conflict and poverty.98”

97 Nelson Mandela Foundation, SAHRC and Office of the High Comm. for Human Rights, Dignity and Justice for All of Us, Reflecting on Human Rights in Africa Today, Human Rights Lecture and Roundtable Discussion, 10 Dec 2007 (p.12) 98 N. Mandela Foundation, SAHRC & UNHCHR, Ibid (p.13)

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A. Radical Honesty Overview: Being Specific About Anger and Forgiveness 26.

In Practicing Radical Honesty99, Dr. Blanton qualifies the conflict between intellectual fairness and sensate forgiveness: Many of us are concerned about fairness and use the principle of fairness as our primary rationalization for withholding anger. Advanced instruction in this principle creates lawyers who are miserable people. Divorces handled by lawyers often result in children shot back and forth like missiles between hostile camps. If you force yourself to be fair while still angry, you are a fool, and any agreements you make in such a state won't work for you. Judges and lawyers ignore this fact. Judges and lawyers exist for people who can't handle their anger. A judge tells you what to do, based on what he or she thinks is fair, whether you like it or not, because you haven't been able to work things out on your own.

27.

The Radical Honesty Methodology or Process or definition of Sincere Sensate Forgiveness is explained in depth in Practicing Radical Honesty100, also referred to as the Truth and Forgiveness Social Contract101, with the six minimal requirements, none of which may be skipped, being: 1. You have to tell the truth about the specific behavior you resent, to the person, face-toface; 2. You have to be verbally and vocally unrestrained with regard to volume and propriety; 3. You have to pay attention to the feelings and sensations in your body and to the other person as you speak; 4. You have to express any appreciations for the person that come up in the process, with the same attention to your feelings and to the other person as when you are expressing resentments; 5. You have to stay with any feelings that emerge in the process, like tears or laughter, regardless of any evaluations you may have about how it makes you look; and let the tears or laughter or pain or anger not be interrupted by your mind until they go naturally to completion; 6. You have to stay with the discussion until you no longer feel resentful of the other person.

28.

Dr. Blanton -- the worlds expert on sincere sensate forgiveness -- concludes, with great emphasis, that is not to be contradicted by any lawyer, priest, psychotherapist, diplomat, bureaucrat, democrat, labour leader, company executive, head of government or any other patrolman, that: “Then, and only then, are you ready to talk about the future, make arrangements for the future, or make any agreements.”

B. Stanley Milgram Studies on Obedience: Legal, Socio-Political Implications 29.

In Affidavit of Brad Blanton, Ph.D, evidencing the legal, psychological, and sociopolitical ‘citizens privilege’, Nuremberg Principles skills and competencies of

99

Practicing Radical Honesty, by Brad Blanton [PDF: www.scribd.com/doc/33790790] Practicing Radical Honesty: Chapter 9: Radical Honesty About Anger [PDF: www.scribd.com/doc/33790658] 101 UB: [A.11] Being Specific About Anger and Metholody of Forgiveness [PDF: www.scribd.com/doc/32739370] 100

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Individual Responsibility, required for acts of civil disobedience to perceived illegitimate authority; and their application to the common law ‘reasonableness test’102 filed as Expert Witness Affidavit in High Court, W.C. # 19963-09; Dr. Blanton explains what happens in cultures of obedience; how and why studies show that 92% of citizens lack the psychological and emotional skills for non-violent disobedience. Brief Description of the Milgram Experiment: [19.] The Milgram experiment was a series of social psychology experiments conducted by Yale University psychologist Stanley Milgram, which measured the willingness of study participants to obey an authority figure who instructed them to perform acts that conflicted with their personal conscience. [20.] Milgram devised the experiments in response to the question raised by Hannah Arendt, in her coverage of the war crimes trial of Adolf Eichmann. Eichmanns defence was that he should not be held personally responsible for a crime against mankind because he was doing his duty in the social system of which he was a part. His lawyers said a court might judge the social system as criminal, but not the person doing their duty within that social system. This argument was rejected. Eichmann’s adjudicators concluded that he was individually responsible for the crimes he committed, regardless of the social system of which he was a part, and he was executed. [21.] Arendt then raised the question which fascinated Milgram: Was Adolf Eichmann some unusual deviant, some sadistic exception to common humanity, or was he just a bureaucrat? What he actually did was shuffle papers in an office and make phone calls and give orders. Was he normal? [22.] The Milgram experiment was designed to simulate the conditions in which Eichmann operated, and to determine how many individuals would – like Eichmann – follow orders and be obedient to the system in which they operated; and how many would practice civil disobedience and refuse to be obedient to perceived illegal authority. Milgram’s experiment revealed that a significant majority of the population – 65%, like Eichmanns millions of accomplices – merely follow orders, irrespective whether the orders violate their deepest moral beliefs; only 35 % possessed the skills and competencies for civil disobedience. [23.] Furthermore, when individuals could share the responsibility or blame, with just one other person, 92% of individuals would, like Eichmann, cooperate with authority; and refrain from civil disobedience; and only 8% possessed the skills and competencies for civil disobedience. [25.] The relevant questions then become, what are the resources: the emotional, psychological, and socio-political skills and competencies, that: A. the 37% possess, when individually confronting perceived illegal authority; and B. the 8% possess, refusing the given opportunity, from an ideological or social peer, to share the blame, with them; and individually confront perceived illegal authority. [27] The results of the Stanley Milgram Tests on Obedience (which have since been replicated by other social-scientists with the same results) clearly show that acts of civil disobedience are acts that the man on the Clapham omnibus are emotionally, psychologically and socio-politically incapable of. Put differently they are acts that require the use of special emotional, psychological and socio-political skills and competencies. [28] To apply the man on the Clapham omnibus reasonableness test, to someone consciously and deliberately committing an act of civil disobedience to perceived illegal authority; would be the same as applying the man on the Clapham omnibus reasonableness test, to determine whether a heart surgeon’s decisions and actions made during open-heart surgery, were negligent or unreasonable; or asking a clown, whether an astronauts decisions during lift-off, were ‘reasonable’ or not. 102

Blanton, Brad Ph.D: Reasonableness Test Radical Honesty Skills & Competencies Affidavit [PDF: www.scribd.com/doc/33790671]

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[29]. Consequently, the reasonableness test that should be applied to cases of civil disobedience, are not those of the man on the Clapham omnibus; because he does not have these special skills and competencies. The reasonableness test that should be applied, is the standard of the ordinary skilled person, exercising and professing to have that special skill.

C. Common Law Reasonableness Test: Skills and Competencies 30.

In Dr. Blantonâ&#x20AC;&#x2122;s Radical Honesty skills and capabilities forgiveness expert witness affidavit103 he confirms that â&#x20AC;&#x153;[Johnstone] is being ridiculously prosecuted, and her defence is justified and accurate and her opinion that there is a significant difference between posed forgiveness and real forgiveness is entirely accurate and, so far, almost always avoided by politicians.â&#x20AC;? [D] There is a difference between posed, fake intellectual forgiveness, and sincere, sensate being forgiveness: Forgiveness occurs through telling the truth and then staying there to experience the sensations in the body and the emotional response of the person speaking the truth. Staying present to the experience requires a broadening of attention, a widening of focus from the narrower focus on right and wrong, admitting lies, admitting crimes, reporting what really happened in the past. The shift from primary attention to the intellectual domain of judging right and wrong, to giving primary attention to the bodily experience that comes with telling the truth, is so that the person can feel their way through, rather than think their way around, the experience triggered by the report about the past. Forgiveness is required for reconciliation. And the process of reconciliation is forgiveness squared. Because, as the one who initiates telling the truth, whether it is confessing what you have done or reporting on what others have done, you have to stay present to the persons who responds to your words, and to your feeling response and verbal response to them, and they must do the same in response to you...and this must go on for however long it takes for all the parties to be moved in their emotions, in their bodies and at the level of sensations experienced in the body, so that the sensations can increase, persist for a while, decrease, and then recede and go away. It is this bodily sensation of a change of heart that is the criterion for forgiveness that creates the possibility of reconciliation. If this process goes on honestly and is supported by those who give the invitation to reconciliation, sometimes former enemies become allies and friends out of mutual respect for each other's willingness to go through the process of telling the truth and experiencing and sharing their honest heartfelt, bodyfelt response. Sometimes, many times, the truth never gets told. Sometimes, many times, even if the truth is told, reconciliation does not occur. Sometimes truth and reconciliation happens. When it does, new people make a new beginning."

D. Rule of Law and Forgiveness: Individuality, Independence, Integrity 31.

In Practicing Radical Honesty, Dr. Blanton describes the importance of sincere forgiveness to changing the statistics of the Stanley Milgram studies of Obedience, which proved that 92% of humans are as culturally, racially, ideologically or religiously obedient, and unquestioning to their beliefs as Adolf Eichmann was to Nazism:

103

Blanton, Brad Ph.D: Reasonableness Test Radical Honesty Skills & Competencies Affidavit [PDF: www.scribd.com/doc/33790671]

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The key to individuality, integrity, and individual freedom has something to do with forgiveness, which involves getting over anger. That is done in the public domain, in community, and it is the pathway to freedom for individuals and the key to free societies. It is the way the statistics from Stanley Milgram's experiments get changed. Learning forgiveness, as an individual skill, by practice in getting over anger in the context of a community of friends, is an absolutely necessary prerequisite to creating a world that works for everyone. To be an individual who operates independently of authority and according to compassion, you need to learn the fundamental skills of getting mad and getting over it. Once you gain experience of getting mad and sincere forgiveness, you learn skills of noticing. You learn to notice even your mind. You notice that ‘I think, therefore I am’ is erroneous; and you begin to know “I am, therefore I think”. You notice yourself thinking. Your thoughts are just thoughts, not ‘me’. You become a being with a mind (I am, therefore I think) rather than a mind with a being (I think, therefore I am) as your culture has taught you all your life.

32.

In Obedience to Authority, Stanley Milgram describes the perils of blind obedience to authority, as described in An Essay on Proudly South African Hypocrisy104: Nothing unites a community or builds national-unity easier than a common enemy, where the 'unity' is often of superiority. Usually systematic intense devaluation of the enemy prior to action against him provides a measure of psychological justification for his brutal treatment. Once having acted against the enemy, these individuals often find it necessary to view the enemy as an unworthy individual, whose punishment was made inevitable by his own deficiencies of intellect and character. Building national unity by drawing people together in a common unified posture of anger and indignation (at the 'criminal' enemy), is the use of political policy to redefine the meaning of the situation. …. Control the manner in which a man -- in South Africa, America or wherever -- interprets his world, and you go a long way toward controlling his behaviour, because there is a propensity for people to accept definitions and interpretations of action, situations and behaviour provided to them by individuals whom they consider to be legitimate authority. That is why governments invest heavily in ideological propaganda, which constitutes the official manner of interpreting events. Additionally every situation also possesses a kind of ideology, which is called the "definition of the situation," and which is the interpretation of the meaning of the particular social occasion. It provides the perspective through which the elements of a situation gain coherence and clarity. An act viewed in one perspective may seem heinous; the same action viewed in another perspective seems fully warranted. When people accept definitions of action provided by legitimate authority, although the individual performs the action, he allows authority to define its meaning. It is this ideological abrogation to the authority that constitutes the principal cognitive basis of obedience. If, after all, the world, event, job, or the particular situation is as the authority defines and describes it, a certain set of actions follows logically. Because the individual conforms and without critical analysis accepts the authority's definition of the situation, obedient action follows willingly, often enthusiastically.

33.

In Perils of Obedience, Dr. Stanley Milgram summarised ‘Eichmann’ Obedience as: The legal and philosophic aspects of obedience are of enormous importance, but they say very little about how most people behave in concrete situations. I set up a simple experiment at Yale University to test how much pain an ordinary citizen would inflict on another person simply because he was ordered to by an experimental scientist. Stark authority was pitted against the subjects [participants] strongest moral imperatives against hurting others, and, with the subjects [participants] ears ringing with the screams of the victims, authority won more often than not. The extreme willingness of adults to go to almost any lengths on the command of an authority constitutes the chief finding of the study

104

04-06-11: Proudly SA Parasite Hypocrisy: Fraudulent Rehabilitation Boomerang [PDF: www.scribd.com/doc/34104187]

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and the fact most urgently demanding explanation. Ordinary people, simply doing their jobs, and without any particular hostility on their part, can become agents in a terrible destructive process. Moreover, even when the destructive effects of their work become patently clear and they are asked to carry out actions incompatible with fundamental standards of morality, relatively few people have the resources needed to resist authority.

III. POPULATION POLICY COMMON SENSE PRINCIPLES “Are we really going to be able to give these extra people jobs, homes, health care and education?” -- Official in Uganda’s Ministry of Finance, August 25, 2006105

A. Thou Shalt Not Transgress Carrying Capacity Prophets: 34.

One of the most commonly used words In the Bible, Tsedeq106 -- found in Psalm 72, 85, etc; -- in its fullest sense, meant “world in balance” both ecologically and politically107. This was not only the responsibility for the Gods, but also kings and people, and when this carrying capacity law was ignored or violated, Prophets Isaiah, Habakkuk, Joel, Hosea and Nahum warned of pestilence, war, famine and death.

35.

In the The Ostrich Factor: Our Population Myopia108, Garrett Hardin writes that Tertullian, a Father of the Christian church shocked many traditionalists over the centuries, by asking why is the human population so vast [perhaps 150 million then] that we are a burden to the earth, which can scarcely provide for our needs? What most frequently meets our view (and occasions complaint), is our teeming population: our numbers are burdensome to the world, which can hardly supply us from its natural elements; our wants grow more and more keen, and our complaints more bitter in all mouths, whilst Nature fails in affording us her usual sustenance. In very deed, pestilence, and famine, and wars, and earthquakes have to be regarded as a remedy for nations, as the means of pruning the luxuriance of the human race....

36.

The Reverend Thomas Robert Malthus FRS, was an Anglican clergyman who thought that the dangers of population growth would preclude endless progress towards a utopian society. Malthus saw this situation as divinely imposed to teach virtuous behaviour, as did Rev. Martin Luther King109, and the Public Affairs Commission of the Anglican General Synod of Australia, Key Issues for Australia’s future in the global context

105 Population Explosion Threatens to Trap Africa in Cycle of Poverty, The Guardian, 25 August; Rice, X. 2006 [PDF: www.scribd.com/doc/33281151]; High birthrate threatens to trap Africa in Cycle of Poverty, Guardian, UK; 1 September 2006, by Xan Rice [PDF: www.scribd.com/doc/33281181] See also: UB: [A.8] Exponential Functions, Carrying Capacity Limits & the Laws of Sustainability [PDF: www.scribd.com/doc/32739370] 106 Stairway to Nowhere, by Yakov Rabinovich: “Tsedeq comes from a Semitic word meaning to be firm, straight, “like steel,” a determined integrity that goes to one's core. In Arabic, this means that one is fully developed, balanced and mature. Although tsedeq is often translated to mean “judgment,” this does not mean evil retribution or a legal judgment, but justice and righteousness, incorporating right living.” [PDF: www.scribd.com/doc/34342563] 107 UB: [A.9] Lysistrata Tsedeq: Eco-Law 101: Laws of Sustainability [PDF: www.scribd.com/doc/32739370] 108 Hardin, Garrett: The Ostrich Factor: Our Population Myopia [PDF: www.scribd.com/doc/34463595] 109 “Unlike plagues of the dark ages or contemporary diseases we do not understand, the modern plague of overpopulation is soluble by means we have discovered and with resources we possess. What is lacking is not sufficient knowledge of the solution but universal consciousness of the gravity of the problem and education of the billions who are its victim.” ML King, May 5, 1966

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and actions for us to take110, they argue the relationship between ‘Though shalt not steal’ to ‘Though shalt not breed’111. 37.

According to Robert McNamara, Former World Bank President: “Short of nuclear war itself, population growth is the gravest issue the world faces. If we do not act, the problem will be solved by famine, riots, insurrection and war;” and President Nixon: “We must help break the link between spiralling population growth and poverty. ...Where they have been tried, family planning programs have largely worked. ...Many pro-life advocates ...contend that to condone abortion even implicitly is morally unconscionable. Their view is morally short-sighted. ...if we provide funds for birth control ...we will prevent the conception of millions of babies who would be doomed to the devastation of poverty in the underdeveloped world.” 112

38.

In World Scientists Warning to Humanity, Issued November 18, 1992, signed by 1700 leading scientists from 70 countries, including 102 Nobel Prize laureates in Science; Union of Concerned Scientists113; they warned: The earth is finite. Its ability to absorb wastes and destructive effluent is finite. Its ability to provide food and energy is finite. Its ability to provide for growing numbers of people is finite. And we are fast approaching many of the earth's limits. Current economic practices which damage the environment, in both developed and underdeveloped nations, cannot be continued without the risk that vital global systems will be damaged beyond repair. Pressures resulting from unrestrained population growth put demands on the natural world that can overwhelm any efforts to achieve a sustainable future. If we are to halt the destruction of our environment, we must accept limits to that growth.

B. Eco-Numeracy: Exponential Functions and Carrying Capacity 39.

In various Arithmetic of Growth and Living within Limits articles114 Professors Al Bartlett and Garrett Hardin, explain the basic principles of exponential functions, which can be applied to population, fiat currency, resource depletion, etc. An exponential function describes the size of anything that is growing steadily, over a fixed period of time: eg. 5% per year. To calculate the doubling time, i.e. how long it would take to grow 100%; you take the number 70, divide it by the percent growth per unit time: 70 ÷ 5; and you find the doubling time: 14 years.

40.

Adverse economic factors which generally result from rapid population growth include: * reduced family savings and domestic investment; * increased need for large amounts

110 Key Issues for Australia’s future in the global context and actions for us to take, A discussion paper prepared by the Public Affairs Commission of the Anglican General Synod of Australia, February 2009 [PDF: www.scribd.com/doc/34102510] 111 Thou Shalt Not Breed: Anglicans, by Josh Gordon, The Age, Australia, May 9, 2010 [PDF: www.scribd.com/doc/33281239] 112 Richard M. Nixon, Seize the Moment (Simon & Schuster, 1992); In National Security Study Memorandum 200: World Population Growth and U.S. Security, by Stephen D. Mumford; The Social Contract, Winter 1992 – 93 [PDF: www.scribd.com/doc/34181013] 113 World Scientists Warning to Humanity, issued 18 November 1992 [PDF: www.scribd.com/doc/33707614] A World Scientists Warning Briefing Book is available from Union of Concerned Scientists, which provides the citations to support their WARNING. 114 * Arithmetic of Growth: Methods of Calculation I, by Al Bartlett, [PDF: www.scribd.com/doc/34102577]; * Arithmetic of Growth: Methods of Calculation II, [PDF: www.scribd.com/doc/34102614]; * Arithmetic, Population and Energy: Sustainability 101 [PDF: www.scribd.com/doc/33707649]; (iv) Living within Limits: Ecology, Economics, and Population Taboos: Growth: Real and Spurious, by Garrett Hardin [PDF: www.scribd.com/doc/34102737]

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of foreign exchange for food imports; * intensification of severe unemployment and underemployment; * the need for large expenditures for services such as dependency support, * education, and health which would be used for more productive investment; * the concentration of developmental resources on increasing food production to ensure survival for a larger population, rather than on improving living conditions for smaller total numbers.115 41.

In Ethical Implications of Carrying Capacity116, Garrett Hardin defines carrying capacity of a particular area as “the maximum number of a species that can be supported indefinitely by a particular habitat, allowing for seasonal and random changes, without degradation of the environment and without diminishing carrying capacity in the future”. In From Shortage to Longage: Forty Years in the Population Vineyards117, he further clarifies the total impact equation of carrying capacity on a particular area: “Impacts of a population on the environment are of two sorts: the reduction of wanted resources and the addition of unwanted wastes. The fundamental equation connecting the variables can be expressed in simple words: Total impact = (per capita impact) x (population size).

42.

Carrying Capacity is an absolute necessity for honest bottom line of ecological accounting.118 According to Hardin: (a) a laissez-faire birth control (B.C.) policy + No Social Welfare, would provide for an equilibrium carrying capacity; whereas laissezfaire (B.C.) within a welfare state, results in Runaway Growth, and ultimately greater misery. Legislators can have either, but not both; if welfare policies are too precious to be abandoned; they will have to introduce limits to the right to breed119.

C. Tragedy of the Commons: Limited World, Limited Rights 43.

In Tragedy of the Commons120 Garrett Hardin refers to a Limited World, Limited Rights121 legal dilemma in which multiple individuals, acting independently and solely and rationally consulting their own self-interest, will ultimately deplete a shared limited resource even when it is clear that it is not in anyone's long-term interest for

115 National Security Council, NSSM 200: Implications of Worldwide Population Growth for U.S. Security and Overseas Interests, Washington, DC December 10, 1974 [PDF: www.scribd.com/doc/33114194] 116 Ethical Implications of Carrying Capacity, by Garrett Hardin, 1977 [PDF: www.scribd.com/doc/33707704] 117 From Shortage to Longage: Forty Years in the Population Vineyards, by Garrett Hardin, Population and Environment, Vol. 12, No. 3. Spring 1991 [PDF: www.scribd.com/doc/33707732] 118 Perpetual Growth: The Next Dragon Facing Biology Teachers, by Garrett Hardin, National Association of Biology Teachers Address on 10 November, 1990 [PDF: www.scribd.com/doc/34102744] 119 From Shortage to Longage: Forty Years in the Population Vineyards, by Garrett Hardin, Population and Environment, Vol. 12, No. 3. Spring 1991 [PDF: www.scribd.com/doc/33707732] 120 Tragedy of the Commons, by Garret Hardin, Science, 1968 [PDF: www.scribd.com/doc/33707732] 121 Limited World, Limited Rights, by Garrett Hardin, 17 May/June 1980 [PDF: www.scribd.com/doc/33707719]

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this to happen. Harden predicts that the tragic problem of human population growth’s overuse of the carrying capacity of the commons can only be solved with a change in human values or ideas of morality. He accuses the legal and political nanny welfare state of providing financial incentives to procreate poverty stricken voting cannonfodder for the power-greedy welfare parasite elite: “If each human family were dependent only on its own resources; if the children of improvident parents starved to death; if, thus, overbreeding brought its own “punishment” to the germ line--then there would be no public interest in controlling the breeding of families.” Hardin also refers to Lifeboat Ethics122 as another metaphor for the application of the logic of the commons.123 The problem of the commons has been evaded in the exploitation of all from fisheries to rain-forests to the question of human populations. “Both require for their rational resolution a clear understanding of the concept of carrying capacity and a willingness to fashion laws that take this concept into account.”124

D. Overpopulation: Resources Scarcity and Resource War Violence: 44.

In Environmental Change and Violent Conflict125 Scientific American authors document how the predictions of NSSM 200 were already occurring around the world: Within the next 50 years, the human population is likely to exceed nine billion, and global economic output may quintuple. Largely as a result of these trends, scarcities of renewable resources may increase sharply. The total area of highly productive agricultural land will drop, as will the extent of forests and the number of species they sustain. Future generations will also experience the ongoing depletion and degradation of aquifers, rivers and other bodies of water, the decline of fisheries, further stratospheric ozone loss and, perhaps, significant climatic change. As such environmental problems become more severe, they may precipitate civil or international strife." To examine whether these problems are currently causing civil or international strife, the authors assembled a team of 30 researchers to review a set of specific cases. [Their findings were then summarized] The evidence that they gathered points to a disturbing conclusion: scarcities of renewable resources are already contributing to violent conflicts in many parts of the developing world. These conflicts may foreshadow a surge of similar violence in coming decades..."

45.

Other studies on Overpopulation, Resource Scarcity and Violence include: 1. The Demography of Armed Conflict, edited by CSCW researcher Henrik Urdal 2. The Devil in the Demographics: The Effect of Youth Bulges on Domestic Armed Conflict, 1950-2000; Urdal, Henrik, 2004 3. Population Dynamics and Local Conflict: A Cross National Study of Population and War, by Nazli Choucri, Massachusetts Institute of Technology126

122

Lifeboat Ethics: the Case Against Helping the Poor, by Garrett Hardin [PDF: www.scribd.com/doc/33707714 ] Carrying Capacity: As an Ethical Concept, by Garrett Hardin, [PDF: www.scribd.com/doc/34102726] 124 Ethical Implications of Carrying Capacity, by Garrett Hardin, 1977 [PDF: www.scribd.com/doc/33707704] 125 Environmental Change and Violent Conflict, by Thomas F. Homer-Dixon, Jeffrey H. Boutwell & George W. Rathjens; Scientific American, Feb 1993 [PDF: www.scribd.com/doc/34102682]; The Life and Death of NSSM 200 [PDF: www.scribd.com/doc/33707613] 123

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4. Population and Conflict: New Dimensions of Population Dynamics, by Nazli Choucri, United Nations Fund for Population Activities127 5. The Security Demographic – Population and Civil Conflict After the Cold War, by Cincotta, Engelman and Anastasion, Population Action International, 2003

E. Demographics and Violence: Youth Bulges 46.

Numerous reports provide details how population age structures have significant impacts on a countries stability, governance, economic development and social wellbeing. Put differently, countries with large populations of idle young men, known as youth bulges, account for 70 – 90 percent of all civil conflicts. Additionally a wealth of historical studies indicates that cycles of rebellion and military campaigns in the early modern and modern world tended to coincide with periods when young adults comprised an unusually large proportion of the population. Youth Bulge Reports: 1. The Shape of Things to Come: Why Age Structure Matters to a Safer More Equitable World128, by Population Action International 2. YouthQuake: Population, fertility and environment in the 21st Century129, by Optimum Population Trust

F. Population Pressures, Resource Wars, Terrorism and National Security 47.

The Kissinger Report, also known as National Security Study Memorandum 200: Implications for Worldwide Population Growth for U.S. Security and Overseas Interests130, commissioned by President Nixon, and undertaken by the National Security Council, the CIA, the Defense, Agriculture and State Departments, and the Agency for International Development. It was authorized into law by President Gerald Ford, in NSC, National Security Decision Memorandum 314131 on November 26, 1975, detailing the sense of national security emergency: There is a major risk of severe damage [caused by continued rapid population growth] to world economic, political, and ecological systems and, as these systems begin to fail, to our humanitarian values [Executive Summary]. 132 ...world population growth is widely recognized within the government as a current danger of the highest magnitude calling for urgent measures [Page 194]. ...it is of the utmost

126

Choucri, Nazli: Population Dynamics and Local Conflict [PDF: www.scribd.com/doc/34102721] Choucri, Nazli: Population and Conflict: New Dimensions of Population Dynamics [PDF: www.scribd.com/doc/34464029] 128 The Shape of Things to Come: Why Age Structure Matters to a Safer More Equitable World; by E. Leahy with R. Engelman, C. Gibb Vogel, S. Haddock and T.Preston, Population Action International [PDF: www.scribd.com/doc/34180717] 129 YouthQuake: Population, fertility and environment in the 21st Century, by John Guillebaud, Optimum Population Trust, 2007 [PDF: www.scribd.com/doc/34180625] 130 National Security Study Memorandum 200: Implications for Worldwide Population Growth for U.S. Security and Overseas Interests, [PDF: www.scribd.com/doc/33114194] Pres. Nixon’s Cover Letter [PDF: www.scribd.com/doc/34464123] 131 National Security Council, National Security Decision Memorandum 314, Washington, DC, November 26, 1975. 4 pp. [Ch. 4: The Life and Death of NSSM 200, by S. Mumford] [PDF: www.scribd.com/doc/33707613] 132 National Security Study Memorandum 200: World Population Growth and U.S. Security, by Stephen D. Mumford; The Social Contract, Winter 1992 – 93 [PDF: www.scribd.com/doc/34181013] 127

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urgency that governments now recognize the facts and implications of population growth, determine the ultimate population sizes that make sense for their countries and start vigorous programs at once to achieve their desired goals [Page 15]. The threat to security briefly summarized, ...population factors are indeed critical in, and often determinants of, violent conflict in developing areas. Segmental (religious, social, racial) differences, migration, rapid population growth, differential levels of knowledge and skills, rural/urban differences, population pressure and the spatial location of population in relation to resources — in this rough order of importance — all appear to be important contributions to conflict and violence... Clearly, conflicts which are regarded in primarily political terms often have demographic roots. Recognition of these relationships appears crucial to any understanding or prevention of such hostilities [Page 66]. Where population size is greater than available resources, or is expanding more rapidly than the available resources, there is a tendency toward internal disorders and violence and, sometimes, disruptive international policies or violence [Page 69].

48.

Other executive actions by President Nixon included Public Law 91-213: An Act to establish a Commission on Population Growth and the American Future133; 91st Congress, S. 2701; March 16, 1970; and consequently Population and the American Future: The Report of the Commission on Population Growth and the American Future134; John D. Rockefeller 3rd, March 27, 1972. In The Life and Death of NSSM 200: How the Destruction of Political Will Doomed a U.S. Population Policy135, Dr. Stephen Mumford, details the in-depth role of the Vatican to scuttle America’s population policies. Additionally Life and Death of NSSM 200 summarizes and discusses one of the most important population documents ever written The World Population Plan of Action136 adopted at the UN World Population Conference at Bucharest in Aug, 1974.

49.

The Public Report of the Vice Presidents Task Force on Combatting Terrorism137 concludes that a fundamental root cause of terrorism is the collision of youth bulge overpopulation with scarce, depleted and finite resources; namely too many idle young men fighting over too few and depleting resources.

50.

In 2000, a Nightline documentary by Ted Koppel, detailed the CIA & Pentagon's Perspective on Overpopulation & Resource Wars; warning about future wars over water, as a result of lack of political will to address population growth factors.

G. How and Why Journalists Avoid the Population – Environment Connection

133

Act to Establish a Commission on Population Growth and American Future [PDF: www.scribd.com/doc/33707613] US Rockefeller Report: The Report Of The Commission On Population Growth: [PDF: www.scribd.com/doc/33114078] 135 The Life and Death of NSSM 200: How the Destruction of Political Will Doomed a U.S. Population Policy, by Stephen D. Mumford; Center for Research on Population and Security, 1996 [PDF: www.scribd.com/doc/33707613] 136 World Population Plan of Action was adopted at the UN World Population Conference at Bucharest in August, 1974; Appendix 1 to Life and Death of NSSM 200 [PDF: www.scribd.com/doc/33114086] 137 Public Report of the Vice-President’s Task Force on Combatting Terrorism, February 1986. [PDF: www.scribd.com/doc/34192907] 134

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51.

In How and Why Journalists Avoid the Population-Environment Connection138 Dr. Michael T. Maher, concludes his study as follows: “As we have seen, both land development economists and environmental experts acknowledge population growth as a key source of environmental change. But journalists frame environmental causality differently. Why? Communication theory offers several possibilities. First is the hegemony-theory interpretation: reporters omit any implication that population growth might produce negative effects, in order to purvey the ideology of elites who make money from population growth. As Molotch and Lester (1974) put it, media content can be viewed as reflecting "the practices of those having the power to determine the experience of others" (p. 120). Since real estate, construction and banking interests directly support the media through advertising purchases, this interpretation seems plausible. A number of media critics (e.g., Gandy, 1982; Altschull, 1984; Bennett, 1988) have suggested that media messages reflect the values of powerful political and commercial interests. Burd (1972), Kaniss (1991) and others have pointed out that newspapers have traditionally promoted population growth in their cities through civic boosterism. Molotch (1976) even suggested that cities can best be understood as entities competing for population growth, with the city newspaper as chief cheerleader. Certainly most reporters would be incensed at the suggestion that they shade their reporting to placate commercial interests. But Breed's classic study of social control in the newsroom (1955) showed that news managers' values are transmissible to journalists through a variety of pressures: salaries, story assignments, layout treatment, editing, and a variety of other strategies that effectively shape news stories in ways acceptable to management. Another possible explanation for why journalists omit population growth from their story frame is simple ignorance of other explanations. Journalists who cover environmental issues may not be aware of any other possible ways to frame these stories, thus they derive their framing from other journalists. Journalists frequently read each other's work and take cues for coverage from other reporters, particularly from the elite media (Reese & Danielian, 1989). Perhaps the pervasive predictability of the story frames examined in Part I is another example of intermedia influence. On the other hand, it seems difficult to believe that journalists could be ignorant of the role population growth plays in environmental issues, because media coverage frequently ties population growth to housing starts and business expansion. Furthermore, "Why" is one of the five "W's" taught in every Journalism 101 course. A public affairs reporting textbook, Interpreting Public Issues (Griffin, Molen, Schoenfeld, & Scotton, 1991), admonishes journalists: "A common journalistic mistake is simply to cover events—real or staged—and ignore underlying issues" (p. 320). The book identified population trends as one of the "big trouble spots," and listed world population as the first of its "forefront issues in the '90s" (p. 320). Hence, we cannot say that reporting basic causality is beyond the role that journalists ascribe for themselves. Indeed a panel at the 1994 Society of Environmental Journalists discussed "Covering Population as a Local Story" (Wheeler, 1994). But ignorance remains a possible reason, for not all reporters have training in environmental issues. A third possible explanation comes from the "spiral of silence" theory by German scholar Elisabeth Noelle-Neumann (1984): The fear of isolation seems to be the force that sets the spiral of silence in motion. To run with the pack is a relatively happy state of affairs; but if you can't, because you won't share publicly in what seems to be a universally acclaimed conviction, you can at least remain silent, as a second choice, so that others can put up with you. According to Noelle-Neumann, “the media influence the individual perception of what can be said or done without danger of isolation”. Media coverage legitimates a given perspective. Lack of media coverage—omitting a perspective consistently from media stories—makes the expression of that perspective socially dangerous. Noelle-Neumann also

138 How and Why Journalists Avoid the Population-Environment Connection, by T. Michael Maher, University of Southwestern Louisiana, Population and Environment, Volume 18, Number 4, March 1977. [PDF: www.scribd.com/doc/33694415]

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suggested that the media serve an articulation function: “The media provide people with the words and phrases they can use to defend a point of view. If people find no current, frequently repeated expressions for their point of view, they lapse into silence; they become effectively mute”.

IV: TRC FRAUD: ‘CRIME OF APARTHEID’ FALSIFICATION OF HISTORY “The commission also said that there could be no healing without truth, that half-truths and denial were no basis for building the new South Africa, that reconciliation based on falsehood would not last, and that selective recollection of past violence would easily provide the mobilisation for further conflict in the future. If these are its criteria for the role of truth in promoting reconciliation, it has failed to meet them.” -- John Kane-Berman, The Truth About the Truth Commission

A. Negligent or Intentional Avoidance of Key Concept Definitions? 52.

Conflict of Laws Definitions: Fundamental Concepts Not Defined139: The TRC, perhaps intentionally?140, ignored the importance of providing clear definitions: In the TRC Report they repeatedly accuse the Apartheid government of maintaining its alleged legal oppressive regime, by means of definitions that are vague and ambiguous141. The TRC social contract Acts proceed to provide no definition for ‘ubuntu’, ‘closure’, ‘reconciliation’, ‘dignity’ and ‘national unity’: which are socially, culturally, religiously, psychologically, and racially important terms; which have multiple different meanings for different cultures, religions, etc.

53.

This circumvents the European Court of Human Rights principle that rule of law requires that provisions of legislation must be adequately accessible and sufficiently precise to enable people to regulate their affairs in accordance with the law.142

B. Amnesty Meaning Changed Without Due Process? 54.

Did ‘Amnesty’ mean Amnesty, or was the meaning changed?143: Did the ANC, change the requirements for Amnesty principles of the original agreement (Interim

139

UA: [E. 2]: Definitions: Fundamental Concepts Not Defined [PDF: www.scribd.com/doc/32739548] SALC Project 90: Report on Conflicts of Law, September 1999, p.22 “1.57: Blending two very different legal systems in a synthetic code is an immense undertaking, however, which has been accomplished in very few African countries …. and then largely at the expense of customary law. At a social level, it may be questioned whether everyone in the country either wants or is prepared for a single law. Are the peoples of South Africa willing to compromise their cultural traditions in a homogenized legal system? In any event, it must be appreciated that, for the immediate future at least, social and legal differences will remain, and, if that is the case, the conflict of laws will have an important role to play in selecting appropriate laws in particular cases.” 141 Truth and Reconciliation Report: Vol I. page 30; para 26; 27 ; page 32 para 32; page 38, para 59; Vol II; page 274, para 453 142 The European Court of Human Rights has held that the rule of law requires that provisions of legislation must be adequately accessible and sufficiently precise to enable people to regulate their affairs in accordance with the law.” Lithgow & others v. United Kingdom (1986) * EHRR 329 § 110: “As regards the phrase "subject to the conditions provided for by law", it requires in the first place the existence of and compliance with adequately accessible and sufficiently precise domestic legal provisions (see, amongst other authorities, the Malone judgment of 2 August 1984, Series A no. 82, pp. 31-33, paras. 66-68). “ 143 UA: [E.3] Did ‘Amnesty’ mean Amnesty, or was the meaning changed? [PDF: www.scribd.com/doc/32739548] 140

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Constitution), but avoided any such consultation (as required by Interim Constitution S. 233 (3) and (4)) with relevant parties, such as the IFP, the SADF, etc144.

C. Was Truth and Reconciliation Seen to Be Done? 55.

In Assessment of the probable results of activities of the Truth and Reconciliation Commission (TRC) as perceived by former Chiefs of the SADF IRO the SADF 145, by Generals Malan, Viljoen, Geldenhuys and Liebenberg, they write: Although we stand sympathetic towards the objectives of the TRC….. we have serious reservations as to whether the TRC can make an optimum contribution towards reconciliation and national unity. Our reservations are shared, amongst others, by the historian Hermann Giliomee in the Leader Page article in the Cape Times of 9 October 1997. "Writing as a historian, I have always felt that the greatest problem with the commission was not so much what it has set out to do, but its hopelessly skewed composition. Unlike Chile, where half the commissioners appointed to a similar body was roughly associated with the old regime and the other half with the new, the score in our case is roughly nine to one in favour of the anti - regime side". In the case of South Africa, strange as it may sound, there is more than one past. If the position of the TRC's past is accepted, an analysis such as this becomes irrelevant. If society is perceived as an interaction between oppressor and oppressed, as a clear-cut distinction between evil and good, the TRC's investigation is not really necessary - even before the start of the hearings, the outcome would have been predetermined.

56.

The TRC Foundation: Impartial Truth or Selective Truth (Bias)146: In The Truth about the Truth Commission147, Anthea Jeffery details how the TRC did not live upto its mandate to contextualise the gross violations, including the perspectives and motives of the perpetrators, as well as any antecedent factors contributing to violations. It contextualised the actions of the ANC, and provided no context for the IFP or State, simply depicting it as a criminal state, totally disregarding the State’s perspective, about the importance of law and order; or the IFP’s perspectives and motives. The TRC deliberately ignored the People’s War, TRC findings were frequently unexplained, “its investigation and research appears … one-sided”. It concentrated on the States Security Council, while ignoring its ANC equivalent the ‘Political-Military Council of the ANC’. The TRC further failed to verify evidence before it, or to take all relevant information into account. It expressed reservations about audi Alteram partem and giving alleged perpetrators sufficient notice, and conducted many of its hearings behind closed doors. It failed to give reasons for many of its findings, or to explain the

144 The Conflict of the Past: A Factual Review, by General Johan van der Merwe: “From the very beginning the TRC-process was characterised by a one-sided approach in which members of the Security Branch were often harshly discriminated against…….” [PDF: www.scribd.com/doc/32954067] 145 February 1998, Letter: Assessment of the Probable Results of Activities of the Truth and Reconciliation Commission (TRC) as perceived by former Chiefs of the SADF IRO the SADF, by Generals Malan, Viljoen, Liebenburg and Geldenhuys, to Chairman of the Truth and Reconciliation Commission [PDF: www.scribd.com/doc/34381488] 146 UA: [E.4] Was Truth and Reconciliation Seen to be Done? [PDF: www.scribd.com/doc/32739548] 147 The Truth About The Truth Commission, Anthea Jeffery, SA Inst. Race Relations (SAIRR), 1999 [PDF: www.scribd.com/doc/32954016]

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basis of its conclusions, particularly findings of accountability on a balance of probability. It repudiated various judicial rulings without citing evidence or reasons to justify this. On the importance of Truth to the TRC, she states that it is clear the TRC are aware of the importance of the need for impartial truth, but that they appear to sorely lack the will to put actions behind their words. 57.

Further complaints of TRC bias148, conflicts of interest, censorship or omission, etc: 1.

The Conflict of the Past: A Factual Review149, by General Johan van der Merwe;

2.

Complaints to Public Protector of TRC Handling of SADF150, by Gen. J.J. Geldenhuys, SSA, SD, SOE, SM; Genl A.J. Liebenberg, SSA, SD, SOE, MMM; Genl M.A. de M. Malan, SSA, OMSG, SD, SM; and Gen C.L. Viljoen, SSA, SD, SOE, SM; January 1998. They also refer to the TRC’s lack of enquiry into among others the: The Stuart Commission's Report151; The Douglas Commission's Report152; The Motsuenyane Commission153; The Skweyiya Commission154; Amnesty International Report155; Mbokodo: Inside the MK: A soldiers Story, by Mwezi Twala156; the book: Marching to Slavery: SA's Descent into Communism; and The Denton Hearings, by Jeremiah Denton, Chairman of the Subcommittee on Security and Terrorism of the Committee on the Judiciary157. They also filed a further submission to the TRC: Assessment of the Probable Results of

148

UA: [E.5] Rainbow Truths: Were contextual Struggle Violence Truths Told? [PDF: www.scribd.com/doc/32739548] The Conflict of the Past: A Factual Review, by General Johan van der Merwe [PDF: www.scribd.com/doc/32954067] 150 Complaints to Public Protector of TRC Handling of SADF, submitted by Generals J.J. Geldenhuys; A.J. Liebenberg; M.A. de M. Malan; and C.L. Viljoen; January 1998 [PDF: www.scribd.com/doc/32954024] 151 Stuart Comm. Report: of Inquiry into Recent Developments in People’s Rep. of Angola, Mar 14, 1984: “Despite the report of the Stuart Comm. by Hermanus Loots (alias James Stuart) after being appointed by the ANC's NEC to inquire into the Pongo mutiny among ANC combatants : "Some of those punished have been maimed for the life and there have been deaths..... The aim of the punishment seems to be to destroy, demoralise and humiliate comrades and not correct and build." He listed gruesome punishments and the "shocking corruption of fear" in the camps, listed the names of people who died as a result of these punishments and noted that others had committed suicide or had deserted. It added that the ANC/SACP security department had done things that would "shock our people against the movement". Although presented to Oliver Tambo, Alfred Nzo and others, the Stuart Comm. Report sank without trace. This was apparently not the stuff the politicians behind fighters wanted the world to know about.” [PDF: www.scribd.com/doc/32956936] 152 “The Douglas Commission's Report. Based on the evidence from some 100 witnesses and depositions from some 60, including some 40 survivors of ANC camps in Angola, Uganda, Mozambique, Tanzania and Zambia, it found that the cruelties amounted to a "litany of unbridled and sustained horror". This Durban based State's council mentioned various prominent SACP/ANC leaders as being directly or indirectly responsible for serious human rights abuses.” 153 ANC - Commission of Enquiry into Certain Allegations of Cruelty and Human Rights Abuse Against ANC Prisoners and Detainees by ANC Members (Motsuenyane Commission) - August 20, 1993 [PDF: www.scribd.com/doc/32957187]: “This Commission, the ANC's own, recommended that those responsible for the atrocities should be identified and banned from holding high positions of authority.” 154 Skweyiya Commission Report, Report of the Commission of Enquiry into Complaints by Former African National Congress Prisoners and Detainees, 1992 [PDF: www.scribd.com/doc/32956941] 155 South Africa: Torture, ill-treatment and executions in African National Congress Camps, Amnesty International, 2 December 1992, AI Index AFR 53/27/92 [PDF: www.scribd.com/doc/32957163] 156 See also: (i) What Happened in the ANC Camps?, Focus: ANC Camps, WIP, No. 82, Page 14-18; June 1992.; (ii) Women in the ANC and SWAPO: sexual abuse of young women in the ANC camps, by Olefile Samuel Mngqibisa, October 1993, Searchlight South Africa, No 11, Pages 11-16 (ISSN 0954-3384) [PDF: www.scribd.com/doc/32956931]; (iii) A Miscarriage of Democracy: The ANC Security Department in the 1984 Mutiny in Umkhonto We Sizwe, Bandile Ketelo, Amos Maxongo, Zamxolo Tshona, Ronnie Massango and Luvo Mbengo; Searchlight South Africa, Vol. 2. No.1, July 1990, Pages: 35-41. [PDF: www.scribd.com/doc/32957159]; (iv) An Open Letter to Nelson Mandela from Ex-ANC Detainees, Searchlight South Africa Number 5 July 1990 , pages 66 to 68 [PDF: www.scribd.com/doc/32957184]; (v) The ANC Conference: From Kabwe to Johannesburg, Letter to the Editors, Searchlight South Africa, Vol 2, No.2 January 1991 [PDF: www.scribd.com/doc/32957358]; (vi) A Death in South Africa: The Killing of Sipho Phungulwa, by Paul Trwhela, The Killing Fields of South Africa, Searchlight South Africa, Vol 2, No 2, 6 January 1991; Pg 11 – 25; ISSN 0954-3384 [PDF: www.scribd.com/doc/32957565]; (vii) The Case of Samuel Mngzibisa (Elty Mhlekazi); Resignation from ANC, 07/02/1991 [PDF: www.scribd.com/doc/32957409]; (viii) Inside Quadro: End of an Era, by Paul Trewhela, Searchlight South Africa, No. 5 in July 1990. [PDF: www.scribd.com/doc/32957573]; (ix) The ANC Prison Camps: An Audit of Three Years, 1990 – 1993, by Paul Trewhela, Searchlight South Africa [PDF: www.scribd.com/doc/32957712]; (x) The Dilemma of Albie Sachs: ANC Constitutionalism and the Death of Thami Zulu, by Paul Trewhela, Searchlight South Africa [PDF: www.scribd.com/doc/32957509] 157 (i) The Denton Hearings. This report by Jeremiah Denton, Chairman of the Subcommittee on Security and Terrorism of the Committee on the Judiciary, U.S. Senate, states in the Letter of Transmittal : "I feel that a review and analysis of the material which has been compiled will be of substantial assistance to those who desire to have a fuller understanding of the part that the Soviet Union and its proxy states play in international terrorism and national liberation movements such as SWAPO and the ANC".”; (ii) The Aida Parker Newsletter: Issue No. 200: October 1996: “Prisoners dealt with the 1982 hearings scheduled in Washington by one-time Republican Senator Jeremiah Denton of Alabama. Testimony heard before the Denton Committee on security and terrorism in SA disclosed the existence of a strategy to seize power by force and terror. The first tactic, of course, was to kill Black South Africans who disagreed with the ANC strategy of revolution.” 149

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Activities of the Truth and Reconciliation Commission (TRC) as perceived by Former Chiefs of the SADF IRO the SADF158.

D. Did ‘Evil Apartheid’ raise Black living standards to Highest in Africa? “Most people overseas were still under the impression that the policy of separate development was aimed at keeping the Bantu down. They did not realise that the policy was aimed at uplifting them.” – R.J. Stratford, Former Opposition MP, 159 “Until I have found an alternative policy which would do greater justice to all concerned – and I cannot – I do not propose to criticise South Africa’s policy.” – Sir Carl Berendson, former New Zealand Ambassador, after a two months tour of South Africa160 “Apartheid is conceived of by the government of South Africa as a ‘separate and parallel’ development, and to implement it the government is creating Bantu states, where complete self-government will be not only permitted but encouraged, after a period of transition. The ultimate objective will be a dual commonwealth in which the Bantustans will be constituent units… Self government is to be developed on the basis of tribal traditions, the objective being full democracy, but in the form most readily assimilated by the African…” – Clarence B. Randall, advisor to President Kennedy161

58.

Yosef Lapide, a journalist for the Tel Aviv newspaper Ma’Ariv’s wrote: Well, the so called liberated African states are, with a few exceptions, a bad joke and an insult to human dignity. They are run by a bunch of corrupt rulers, some of whom, Like Idi Amin of Uganda, are mad according to all the rules of psychiatry. I feel unburdened when I say this; I wanted to say this all these years, and all these years I had the feeling that we fool the public when, for reasons of diplomacy, we do not tell them that the majority of black African states are one nauseating mess. The lowliest of Negroes in South Africa has more civil rights than the greatest Soviet author. The most oppressed negro in South Africa has more to eat than millions of Africans in “Liberated” countries. The people advocating “progress”, who were so worried about the rights of the majority in South Africa, have never raised their voices for the majority in Hungary or in Cuba, in Red China or in Egypt. In half a dozen states-including Ethiopiathousands of persons die every day of hunger, while the rulers travel by Cadillac and steal food that is being sent to aid their subjects. Only in the sick minds of “progressives” do the babies die of starvation with a smile on their lips, because the ruler who starves them to death has a black skin.162

59.

Although Verwoerd’s Apartheid “launched the greatest programme of socio-economic upliftment for non-whites that South Africa had ever seen,”163 which raised poor blacks living standards to the highest in Africa164, granting them greater self-determination

158 Assessment of the Probable Results of Activities of the Truth and Reconciliation Commission (TRC) as perceived by Former Chiefs of the SADF IRO the SADF , by SA Defence Force Contact Bureau [PDF: www.scribd.com/doc/34381488] 159 1964-01-10: ICJ: Counter-Memorial of Gov. of SA (Book I-IV), p 493: The Pretoria News, 1963, p.1; from: SOUTH-WEST AFRICA (Ethiopia v. South Africa; Liberia v. South Africa) [ICJ: www.icj-cij.org/docket/index.php?p1=3&p2=3&k=f2&case=46] 160 1964-01-10: ICJ: (Book I-IV), p. 494: The Evening Post (New Zealand), 4 Dec 1962; Ibid (www.icj-cij.org) 161 1964-01-10: ICJ: (Book I-IV), p. 494: South Africa Needs Time, Atlantic Monthly, May 1963 Ibid (www.icj-cij.org) 162 History in the Making: World Conflict in the Twentieth Century, S.M. Harrison, 1987; as quoted in Opening Pandora’s Apartheid Box – Part 18 – Hypocrisy at The United Nations, Mike Smith Political Commentary Blog (www.mspoliticalcommentary.blogspot.com) 163 Open Letter from Jaap Marais, Leader of the HNP, to President Clinton, the Whitehouse, 14 January 1999: “This is a picture of the country which under Verwoerd had the second highest economic growth rate in the world (7,9% per year), an average inflation rate of 2 per cent, was accommodating new labour in the formal sector at 73,6 per cent per year, and enabled the living standards of Blacks in the industrial sector to rise at 5,3 per cent per year as against those of Whites at 3,9 per cent per year. The Financial Mail published a special survey entitled "The fabulous years: 1961-66". …. Jan Botha wrote, Verwoerd "had launched the greatest programme of socio-economic upliftment for the non-Whites that South Africa had ever seen".” [PDF: www.scribd.com/doc/34463257] 164 Was Apartheid Really The Most Evil Regime In The World?, by Albert Bremmer, 10/08/2007: “Did you know that the life expectancy of black South Africans nearly equaled that of Europeans during the last decade of Apartheid? Did you know that the black population nearly

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under Afrikaners165, than other minority black tribes in Africa enjoyed under majority black rule. This did not sit well with the OAU, who founded the OAU Liberation Committee, to assist in “forging an international consensus against apartheid.”166 It claims it was devoted to eradicating all traces of colonialism to benefit Africans ‘self determination’; but it “rejected post-independence claims to self-determination in Biafra, Katanga, southern Sudan, Shaba and Eritrea” 167, and the Sahrawi people’s right to self determination168. The OAU’s collective effort to rid Africa of apartheid meant it “played an influential role in the UN to ensure an arms embargo, economic sanctions, condemnation of South Africa’s main trade partners and the non-recognition of the “homelands”.”169 (own emphasis) 60.

In 1961, then foreign minister of SA, Eric Louw presented to the UN a factual comparison of the living conditions of blacks in South Africa compared to other African states. He proved that Blacks in SA had a higher per capita income, better educational opportunities170, far superior medical and social services and altogether a higher standard of living than anywhere in Africa. In response, the OAU engineered a motion of censure against him (first of its kind) and his speech was struck from the record. Even “The Washington Post”, who regularly criticized South Africa, noted: “Nothing that South Africa has done and nothing that its representatives said, justified the mob-like censure which the United Nations visited upon that country and its Foreign Minister, Mr Eric Louw.”

61.

By 1978, “Soweto alone had more cars, taxis, schools, churches and sport facilities than most independent countries in Africa. The Blacks of South Africa had more private vehicles than the entire white population of the USSR at the time.”171

trebled during Apartheid? Did you know that black South Africans had the highest per capita income and education levels in Africa during Apartheid?” [PDF: www.scribd.com/doc/34381274] 165 Salute the bravery and vision of SA’s founders, Meshack Mabogoane, Business Day, 2010/05/05: “Undoubtedly, racial inequity existed and full democracy was absent. But social, health and material provisions — the best in Africa — existed for black people. Long before 1994, blacks had voted directly, at least, for urban and rural councils and executives — izibonda and bungas. Now all races don’t even vote for central and provincial legislators but for mere party representatives.” [PDF: www.scribd.com/doc/34463315] 166 Cervenka, Z; The unfinished quest for unity: Africa and the OAU , New York, Africana Publishing Company (1977) p.45 167 Eritrea won its independence in 1991, despite the OAU’s lack of support for the application of the principle of self determination in its case. Blay SKN Changing African perspectives on the right of self-determination in the wake of the Banjul Charter on Human and People’s Rights; 29 Journal of African Law (1985) p 152-153. 168 Naldi, GJ, The Organisation of African Unity and the Saharan Arab Democratic Republic; 26 Journal of African Law (1982) p 152-157 169 Andemicael Berhanykun The OAU & the UN: Relations between The Organization of African Unity and the United Nations (New York & London: Africana Publishing Company, 1976, 352 pp. (1976) 133-173; and Foltz & Widner in El-Ayouty & Zartman (eds) 1984) p. 263 - 269 170 Opening Pandora’s Apartheid Box – Part 11– Bantu Education under Apartheid, by Mike Smith,: “Since 1970 the budget for black education was raised by about 30% per year every year. More than any other government department. In the period 1955 -1984 the amount of black school students increased 31 times from 35,000 to 1,096 000. 65% of black South African children were at school compared to Egypt 64%, Nigeria 57%, Ghana52%, Tanzania50% and Ethiopia 29%. Amongst the adults of South Africa, 71% could read and write (80% between the ages 12 and 22). Compare this to Kenya 47%, Egypt 38%, Nigeria 34% and Mozambique at 26%. In South Africa, the whites built 15 new classrooms for blacks every working day, every year. At 40 children per class it meant space for an additional 600 black students every day!!!” (www.mspoliticalcommentary.blogspot.com) 171 Opening Pandora’s Apartheid Box – Part 9 – The lies about the Townships, Mike Smith Political Commentary: “At the height of Apartheid in 1978 Soweto had 115 Football fields, 3 Rugby fields, 4 athletic tracks, 11 Cricket fields, 2 Golf courses, 47 Tennis courts, 7 swimming pools built to Olympic standards, 5 Bowling alleys, 81 Netball fields, 39 children play parks, and countless civic halls, movie houses and clubhouses. In addition to this, Soweto had 300 churches, 365 schools, 2 Technical Colleges, 8 clinics, 63 child day care centres, 11 Post

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62.

According to British political commentator Simon Jenkins, writing in the London Spectator, on 07 May 1994 (reprinted Aida Parker Newsletter # 208): For the Blacks.. apartheid will be …. the Great Excuse. White rule may have been nasty and brutish, but it disciplined the SA economy and made it rich. SA has for 20 years outperformed every ‘liberated’ state in Africa. Politically correct academics claim White rule held SA back by stifling Black education and advancement. I don’t believe it. Apartheid may have been crude and cruel, but it was no more than an elite entrenching its economic power. The ‘trickle-down’ worked. "The incomes of Blacks were well above those elsewhere on the continent, which explained the heavy migration of Blacks into SA throughout the apartheid period. As Third World economies go, SA was a thundering success. The massive redistribution of wealth promised by the ANC threatens that success. So a reason for incipient failure must be found in advance. Mr Mandela is human. He cannot admit that in African terms White rule was an economic success…... If a school is ill-equipped, a housing estate without sewerage, a mob unemployed, it will be ‘the legacy of apartheid.’ Every inequality of income, every injustice detected by trade unionist or … journalist will be put down to apartheid. Apartheid was horrible. It acknowledged, albeit crudely, the racial distinctions ordinary people acknowledge. It made the implicit explicit. There was no pretence at a melting pot. Now the explicit must be suppressed, but the legacy of racial frankness will not disappear just because legal apartheid is dead. The new SA is not a raceless community, any more than Britain is a classless one. It will still be run mostly by Whites, and Blacks will still be at the bottom of the ladder. Democracy will give a new tilt to the conflict. But all South Africans will be glad to have in their knapsack the Great Excuse. Apartheid will be a marvellous friend in need."

E. Apartheid: Crime Against Humanity; or Just War for Demographic Survival? 63.

Can ‘Just War’ Principles be Applied to Apartheid v. Liberation Struggle Conflict?: In Just War Theory172, Alexander Moseley, explains that the doctrine of just war only holds for cultures who practice cultural equivalent codes of military honour173: Historically, the just war tradition–a set of mutually agreed rules of combat—may be said to commonly evolve between two culturally similar enemies. That is, when an array of values are shared between two warring peoples, we often find that they implicitly or explicitly agree upon limits to their warfare. But when enemies differ greatly because of different religious beliefs, race, or language, and as such they see each other as “less than human”, war conventions are rarely applied.

Offices, & its own fruit and vegetable market. There were 2300 registered companies that belonged to black businessmen, about 1000 private taxi companies. 3% of the 50,000 vehicle owners in 1978 were Mercedes Benz owners. Soweto alone had more cars, taxis, schools, churches and sport facilities than most independent countries in Africa. The Blacks of South Africa had more private vehicles than the entire white population of the USSR at the time.” (www.mspoliticalcommentary.blogspot.com) 172 Just War Theory, by Alexander Mosele [PDF: www.scribd.com/doc/34462302] 173 Rain Liivoja. 2010. Chivalry without a Horse: Military Honour and the Modern Law of Armed Conflict submitted to the Proceedings of the Estonian National Defence College. Available at: http://works.bepress.com/rain_liivoja/15: “If we strip chivalry of its romantic overtones and literary hyperbole, we find a code of conduct that held currency among the military elite of the era. At the core of this code stood an ideal that was certainly not characteristic to the Middle Ages alone: '[c]hivalry was often no more, and no less, than the sentiment of honour in its medieval guise.' Thus, to speak of chivalry is to speak of a military code of honour.... Honour, moreover, has played a key role in military thinking over millennia, so it does not seem out of place to talk about it with reference to modern warfare. There is also another, in some sense more concrete, link between chivalry and the modern law of armed conflict. The law that might be called 'modern' began life in the second half of the 19th century with the adoption of a number of important documents -- the Lieber Code in 1861, the Brussels Declaration in 1874, the Oxford Manual in 1880, and the Hague Regulations in 1899. ... The basic rules of armed conflict were not invented in the late 19th century: one of their most significant sources was the medieval code of chivalry.”

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64.

However, the ANC and TRC ignore the huge differences in cultural concepts of military honour, insist on their ‘Just War’, of the ‘crime of apartheid’. In 1962 Liberia and Ethiopia brought ‘crimes of apartheid’ charges against S. Africa for practicing the crime of apartheid in South West Africa174. SA delivered a written presentation of 3000 pages, called 15 expert witnesses who testified that fifty countries practiced a form of apartheid between groups, classes or races forty of them members of the UN at the time, including Ethiopia and Liberia. The petitioners refused to appear in person to testify and be cross examined, even though S. Africa offered to pay all their expenses. S. Africa was found not guilty of practicing the ‘crime of apartheid’ in Namibia. “It was specified in Article 22 of the Covenant that the "best method of giving practical effect to [the] principle" that the "well-being and development" of those peoples in former enemy colonies "not yet able to stand by themselves"… was that "the tutelage of such peoples should be entrusted to advanced nations . . . who are willing to accept it." 175

65.

Irrespective ten years to the day of the ICJ ruling, the UN issued their Convention on the Suppression and Punishment of the Crime of Apartheid176: The Apartheid Convention was the ultimate step in the condemnation of apartheid as it not only declared that apartheid was unlawful because it violated the Charter of the United Nations, but in addition it declared apartheid to be criminal. The Apartheid Convention was adopted by the General Assembly on 30 November 1973, by 91 votes in favour, four against (Portugal, South Africa, the United Kingdom and the United States) and 26 abstentions. It came into force on 18 July 1976. As of August 2008, it has been ratified by 107 States. Although consideration was given in 1980 to the establishment of a special international criminal court to try persons for the crime of apartheid (E/CN.4/1426 (1981)), no such court was established. No one was prosecuted for the crime of apartheid while apartheid lasted in South Africa. And no one has since been prosecuted for the crime.

66.

No Apartheid Official has ever been convicted of the ‘crime of apartheid’177, a fact ignored by the falsify-facts ‘point at a deer and call it a horse’178 political and media et al elite. Consider in comparison how billions are ignorant – thanks to media censorship – of the fact that according to a 24 June 2010 statement from the Zug Swiss Prosecutors Office ‘Senior FIFA Officials were centrally involved in the biggest and most spectacular bribery scandal in Olympic history’, involving CFH 138 million179. A half-truth

174

1964-01-10: ICJ: Ibid (www.icj-cij.org): Application Instituting Proceedings, 4 November 1960 1964-01-10: ICJ: Ibid (www.icj-cij.org): Summary of the Summary of the Judgment of 18 July 1966 176 Dugard, John: Convention on the Suppression and Punishment of the Crime of Apartheid, Professor of International Law, Department of Public Law, Faculty of Law, University of Leiden [PDF: www.scribd.com/doc/34462304] 177 Dugard, John, Ibid 178 The Asch conformity experiments are also known as the "Asch Paradigm". The Asch experiments may provide some vivid empirical evidence relevant to some of the ideas raised in George Orwell's Nineteen Eighty-Four (see 2 + 2 = 5). This also helps illustrate the concept of "point at a deer and call it a horse". [PDF: www.scribd.com/doc/34292822] 179 Prosecutor's office links FIFA officials to bribery scandal: Senior FIFA Officials were centrally involved in the biggest and most spectacular bribery scandal in Olympic history, Swiss prosecutor's office confirms, 24 June 2010, by Jens Weinreich, Play the Game; Zug Canton: Zuger Polizei: Verfahren nach Wiedergutmachung eingestellt (Statement from the Zug Prosecutor’s Office) , Do, 24.06.2010; The ISL bribery system: 138 million CHF for senior officials in the Olympic world, by Jens Weinreich, 16 Juni 2009; Is FIFA an Organised Crime Family?, by Andrew Jennings, Transparency in Sport [PDF: www.scribd.com/doc/34464210] 175

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propagandized, a fact censored: The media power to ‘manufacture our social and political world180, to worship corrupt Pharisees and scapegoat honest prophets. 67.

‘Crime of Apartheid’ TRC Commissioners lacked cultural equivalent code of military honour181 or philosophical courage182, to impartially enquire into demographic motives of Apartheid; unable to “accept that, irrespective of the methods used, both sides performed their duties bona fide, in what they perceived to be service to their respective political masters,”183 that “no single side in the conflict of the past has a monopoly of virtue or should bear responsibility for all the abuses that occurred”184.

F. Nature & Causes of Apartheid: A Just War for Demographic Survival?: 68.

In response to questions from the TRC about the motives for apartheid, FW de Klerk185 clarified the Afrikaners very rational demographic ‘swart gevaar’ motives and fears: As far as relations with the other peoples of South Africa were concerned, the National Party believed initially that its interests could be best served by following a policy of "separateness" - or apartheid. It felt that, only in this manner, would the whites in general - and Afrikaners in particular - avoid being overwhelmed by the numerical superiority of the black peoples of our country. Only in this manner would they be able to maintain their own identity and their right to rule themselves. It persuaded itself that such a policy was morally defensible and in the interest of the other peoples of South Africa, because any other course would inevitably lead to inter-racial conflict. (own emphasis)

69.

Verwoerd described the motives, practices and policies for apartheid, aka separate development, or Harmonious Multi-Community Development186, and Live and Let Live187 in depth, in the submissions to the ICJ on S.W. Africa, about the ‘superiority of numbers of the Natives’188. As declared by Dr. Malan’s National Party in 1947189:

180 Ben Bagdikian, The New Media Monopoly (Boston, Beacon, 2004), 4, 9.: “No imperial ruler in past history had multiple media channels that included television and satellite channels that can permeate entire societies with controlled sights and sounds. …Big media corporations] control every means by which the population learns of its society. ...media products are unique in one vital respect. They do not manufacture nuts and bolts: they manufacture a social and political world.” 181 Rain Liivoja. 2010. Chivalry without a Horse: Military Honour & Modern Law of Armed Conflict Ibid 182 The Role of Philosophical Courage in Philosophical Counseling, by Hakam Al-Shawi: “..l suggest that this transformational process requires at least one necessary ingredient without which philosophical counseling would not be possible. Whether implicitly or explicitly, both counselor and client need the virtue of courage in its form as “philosophical courage” in order for the counseling to be successful. Moreover, the degree of such courage in both client and counselor will determine the extent to which issues are brought into question…… there is another form of courage—philosophical courage—required of individuals in dealing with their most fundamental beliefs and values. ….. I believe the best way to demarcate roughly the different forms of courage, is through an analysis of the cost involved with each form of the virtue…. First, with physical courage, the possible cost involved, at the extreme, is the physical loss of life…. Second, with moral courage, the possible cost is social rejection and isolation and/or a loss of “ethical integrity or authenticity. Third, with “psychological courage,” the possible cost perceived by the individual is “psychic death.” …. And fourth, with “philosophical courage” the possible cost is philosophical instability where one’s most fundamental beliefs and values are brought into doubt. … it demands of the individual a confrontation with fundamental beliefs and values” [PDF: www.scribd.com/doc/34457982] 183 Submission to the Truth and Reconciliation Comm. by SADF General Magnus Malan [PDF: www.scribd.com/doc/34462172] 184 Submission to the Truth and Reconciliation Comm. by Mr. F.W de Klerk, National Party [PDF: www.scribd.com/doc/34462184] 185 Second Submission of the National Party to the Truth and Reconciliation Commission [PDF: www.scribd.com/doc/34462184] 186 Dr. Eiselen, W.W.M., “Harmonious Multi-Community Development”, in Optima, Mar. 1959, p.1. Dr. Eiselen was at that time Secretary for Bantu Administration and Development. 187 Address by the South African Prime Minister, Dr. H.F. Verwoerd, address to the SA Club, London, in Fact Paper 91, Apr. 1961, p.14 188 1964-01-10: ICJ: Ibid (www.icj-cij.org): Counter-Memorial filed by Gov. of the Rep. of S. Africa (Books I-IV), p.463 189 1964-01-10: ICJ: Ibid (www.icj-cij.org): Counter-Memorial filed by Gov. of the Rep. of S. Africa (Books I-IV), p.473

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It [apartheid] is a policy which sets itself the task of preserving and safeguarding the racial identity of the White population of the country, of likewise preserving and safeguarding the identity of the indigenous people’s as separate racial groups, with opportunities to develop into self-governing national units; of fostering the inculcation of national consciousness, self-esteem and mutual regard among the various races of the country. The choice before us is one of these two divergent courses: either that of integration, which would in the long run amount to national suicide on the part of the Whites; or that of apartheid, which professes to preserve the identity and safeguard the future of every race, with complete scope for everyone to develop within its own sphere while maintaining its distinctive national character.

70.

SAIRR Surveys, repeatedly document Apartheid authorities concerns with rapid black population growth as causal factors for socio-economic and political realities: In the 1989 SAIRR Race Relations Report190, we are informed that the Chairman of the Council for Population Development, Professor JP de Lange, claimed that population growth was South Africa’s ‘ticking time bomb’, and South Africa within two decades South Africa would find itself in a dilemma where its resources and socio-economic capabilities would be insufficient for its population, which would give rise to total social disintegration, unemployment, poverty, and misery which would become unmanageable, even in the best of constitutional dispensations. He urgently urged a birth rate of 2.1 or less children per woman per year. The Population Development Program recognized that a direct relationship existed between standard of living, an effective family planning and population growth. In a 1992/93 Race Relations Survey 191 by the South African Institute of Race Relations (SAIRR), we are told that the high population growth is the cause of growth in poverty, unemployment and squatter camps, and most of the serious problems in South Africa; Population pressures are destroying the environment; the IFP and FRD call for ethics of 2 children per family as urgent population control priority; Population Growth outstrips Economic Growth for many years, and blacks avoid participation in family planning programs.192

71.

Strategic Demographic ‘Swart Gevaar’ & ‘Friction Theory’ Motivations for Apartheid: In Outcast Cape Town193, social geographer, John Western writes: Outcast Cape Town investigates how Apartheid came to be, the roots of apartheid, traced back to Cape Town’s establishment in the mid-seventeenth century, and the many social, geopolitical, demographic, political, racial, etc. factors which contributed to Apartheid. For Apartheid was not inevitable. Had certain demographic factors been different, it may not have occurred. Had it managed to avoid its massive problems of demographic surges and attendant unemployment, these different factors and sequences of events might have brought more similar societal results to other parts of the world, with similar factors. Even once apartheid was legislated, the ‘Nationalists with all their Sowetos could hardly keep up with the Black demographic realities of rural-urban migration and absolute population increase. At immense cost, they as it were ran as fast as they could, only to stay in the same place.’ (p.xix) It could be anticipated that, if a White power-holding minority were to enact segregative laws for urban areas through a motive of fear for its future security, it would first enact them against those whom it perceived to be the greatest threat. These would be the Black Africans – the swart gevaar – who are not only those who greatly outnumber the Whites in the land, but are also those who have seemed most culturally dissimilar…. (p.45)

190

Cooper C, et.al, Race Relations Survey 1989/90, (Jhb: SAIRR) 1990. [PDF: www.scribd.com/doc/33820505] Cooper, C et. al., Race Relations Survey 1992/93, (Jhb: SAIRR) 1993. [PDF: www.scribd.com/doc/33820596] 192 UA: F.1. Population Explosion Concerns during Apartheid [PDF: www.scribd.com/doc/32739548] 193 Outcast Cape Town, by John Western, University of California Press (June 1, 1997); See also: The Lie of Apartheid, by Arthur Kemp, Lulu.com (December 28, 2008): (Chapter 1, of The Lie of Apartheid and other true stories from Southern Africa) 191

36


The Strategic Motive: There are, then, more profound reasons for groups areas than the minister of community development chose to advance. The outnumbering of Whites by Nonwhites in the country as a whole and in the cities in particular continues to grow more marked. A parallel can be drawn with the fears of the upper, ruling classes of Britain when they were confronted with that totally novel and therefore unpredictable phenomenon, the great industrial city as epitomized by Manchester. Of this city in 1842 W. Cooke Taylor wrote (p.6): “[One] cannot contemplate those “crowded hives” without feelings of anxiety and apprehension almost amounting to dismay. The population is hourly increasing in breadth and strength. It is an aggregate of masses, our conceptions of which clothe themselves in terms that express something portentous and fearful……” As a description of the White South African’s widespread fear of the urban swart gevaar, this passage can hardly be bettered. Then years, earlier, another commentator viewing Manchester had warned of “the evils of poverty and pestilence among the working classes of the close alleys, … where pauperism and disease congregate round the source of social discontent and political disorder in the centre of our large towns.” Here is the strategic motive, which is indeed one of the two primary underpinnings of the group areas conception. (Pg 74) Of twentieth-century South Africa, van den Berghe (1966, p 411) is firm in his agreement: “The older non-white shanty towns with their maze of narrow, tortuous alleys were often located close to White residential or business districts; they are now systematically being razed as a major military hazard… The new ghetto’s are typically situated several miles from the White towns, with a buffer zone inbetween. (Pg 74) Adam (1971, p. 123) also considered that, “since the widespread unrest of the early sixties, white rule is efficiently prepared for internal conflicts. The design and location of African townships has been planned on the basis of strategic considerations. Within a short time such a location could be cordoned off, and in its open streets any resistance could be easily smashed.” (p.75) Surely no more striking proof of this can be found than the expressed opinions of the government minister in charge of the security system within South Africa. Jimmy Kruger, minister of justice, when interviewed by the Financial Gazette, on the possibilities of urban guerrilla warfare, said he did not think an organized campaign would get off the ground. One of the big advantages was that the residential areas were segregated. Overseas, urban terrorism was largely sparked off by a mixture of mutually antagonistic groups within a limited geographical area, and this was often accentuated by overcrowding. “We have fortunately managed to avoid this here,” said Mr. Kruger (South African Digest, 2 September 1977). Whether or not we agree with his analysis of the causes of urban guerrilla warfare, which predictably leans on the soc-called “friction theory” (see p.85), the strategic motive for group areas segregation has been made crystal clear. Leo Kuper (1956) commented: “The danger is in numerical preponderance of the non-whites. It is a threat, however, only if the non-whites are united… The Group Areas Act (1950) gives the GovernorGeneral [now the state president] the necessary power to subdivide Coloureds and Natives but not whites…” (p77) … A central justification for [Apartheid s racial residential segregation] viewpoint, that segregation is in the interest of all, is enshrined in the “friction theory.” The belief is simply that any contact between the races inevitably produces conflict. Thus, the minister of the interior, introducing the group areas bill to Parliament on 14 June 1950, stated:

37


Now this, as I say, is designed to eliminate friction between the races in the Union because we believe, and believe strongly, that points of contact – all unnecessary points of contact – between the races must be avoided. If you reduce the number of points of contact to the minimum, you reduce the possibility of friction… The result of putting people of different races together is to cause racial trouble. … The friction theory has some measure of sense to it, as may be illustrated by once again returning to the work of Robert Sommer (1969, pp 12, 14 and 15), who wrote: [Animal studies] show that both territoriality and dominance behaviour are ways of maintaining social order, and when one system cannot function, the other takes over… Group territories keep individual groups apart and thereby preserve the integrity of the troop, whereas dominance is the basis for intragroup relationships… Group territoriality is expressed in national and local boundaries, a segregation into defined areas that reduces conflict. Epilogue In the new South Africa one might think that managing the population surge is now delinked from political pressures. That is, we no longer deal with a White minority government fearful of demographic swamping by an ever-growing Black African majority. The whites have now been “swamped”…There’s no more looming swart gevaar – ….. for it has already arrived… So, surely, the population surge is simply a technical problem for the wellintentioned technocrat? (p. 333) The Double Drawbridge In June 1996, however, one politically connected Capetonian opined to me that population control was far too hot a potato for any Black African politician to touch. At least two considerations – in addition to what many North Americans might term a generally conservative African ethos celebrating procreation – are in play here. Both point up my error in assuming there’s no more swart gevaar. For after three weeks in Cape Town I do believe there are at least two ways in which the swart gevaar may be said to loom still, promoting unease in many a South African heart.

72.

He proceeds to refer to the Deracialized Swart Gevaar Redux, the massive influx of “foreign Africans”, into post-Apartheid S. Africa; the aggravation of these illegal immigrants to population pressures collision with scarce employment and resources, and the ‘friction theory’ consequences; what is currently referred to in S. Africa as ‘Xenophobia Attacks’. In Welfare state gives rise to xenophobic violence194, SA’s African Galileo, Meshack Mabogoane, documents the motives for corrupt politicians to welcome illegal foreigners regardless of deteriorating social, economic and health facilities that are reeling under the weight of an exploding population: Absorbing millions of foreigners into a country that is still relatively poor, and in which more people are increasingly dependent on state grants for basic subsistence, is unpatriotic, dishonest and ridiculous. These foreigners come from countries that squander their resources and deliberately destroy economies — let alone develop them. A genuine regional power would address this. These issues are not moral but material. The ruling regime encourages teenage girls, for example, to have children — for which the state pays child grants of R100bn a year — and this is presented as “human rights” and “welfare”. Now millions of poor foreigners produce babies to receive child grants too, and compete for jobs and houses — the universal causes

194 MESHACK MABOGOANE: Welfare state gives rise to xenophobic violence, Business Day, 2010/07/14; More welfare recipients than workers – Schussler, Sapa, 01 July 2010; SA biggest welfare state in world: economist, City Press, 2010-02-18; Minister defends welfare system, SAPA/News 24, 2010-02-23 [PDF: www.scribd.com/doc/34461035]

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of real xenophobia. Such welfare programmes will stir real xenophobic attacks, as some of these “human rights” have engendered social degeneration.

73.

In Stalking the Wild Taboo195, Garrett Hardin deals with the concept of competition, a process that is inescapable in societies living in a finite resource world, and the competitive exclusion principle. The meaning of this principle can be easily explained in a strictly biological setting. Suppose one introduces into the same region two different species that inhabit the same “ecological niche”. If, by hypothesis, two species occupy exactly the same ecological niche, then all that one species needs to know to predict the ultimate outcome of their competition is the rates at which they reproduce in this ecological niche. If one of them reproduces at a rate of 2 percent per year while the other reproduces at a rate of 3 percent, the ratio of the numbers of the faster reproducing species to the numbers of the slower will increase year by year. In fact, since their rates of reproduction, like compound interest, are exponential functions, a little algebra shows that the ratio of the two exponential functions is itself an exponential function. The ratio of the faster species to the slower species increases without limit. If the environment is finite – and it always is finite – the total number of organisms that can be supported by this environment is also finite. Since the size of the population of a species can never be less than one individual, this means that ultimately the slower breeding species will be completely eliminated from the environment. This will be true no matter how slight the difference in the rate of reproduction of the two species. Only a mathematically exact quality in their rates would ensure their continued coexistence, and such an exact equality is inconceivable in the real world. As a consequence, two species that occupy exactly the same ecological niche cannot coexist indefinitely in the same geographical area.

74.

Even SAHistory.org in Grade 12: Africa in the Twentieth Century: Economic196, is frank about the consequences of high population growths socio-economic consequences of poverty, unemployment, etc. But the ‘crime of apartheid’ TRC avoided an enquiry into Apartheid ‘swart gevaar’ demographic motives, and ANC ‘population production’ breeding factories, on their ‘racial-Boer-scapegoat’ march. Especially evening assemblies girls had to attend as well: “They would come into the house and tell us we should go. They didn't ask your mother they just said ‘come let's go.’ You would just have to go with them. They would threaten you with their belts and ultimately

195 Stalking the Wild Taboo, by Garrett Hardin: Part 4: Competition: (20) Competition, a Tabooed Idea in Sociology; (21) The Cybernetics of Competition; (22) Population, Biology and the Law; (23) Population Skeletons in the Environmental Closet; (24) The Survival of Nations and Civilisations (www.garretthardinsociety.org) 196 SAHistory.org: Grade 12: Africa in 20th Century: Economic: Overpopulation Problems [PDF: http://www.scribd.com/doc/34460518]

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you would think that if you refused, they would beat you. Our parents were afraid of them” (quoted by Delius 1996:189). All those opposing the wishes of the young men were reminded, that it was every woman’s obligation to give birth to new “soldiers”, in order to replace those warriors killed in the liberation struggle. The idiom of the adolescents referred to these patriotic efforts as “operation production”. Because of exactly this reason it was forbidden for the girls to use contraceptives. (Delius 1996:189; Niehaus 1999:250)197

G. Farm Murders: A Rainbow-TRC-Peace, or Racial-Hatred-War Reality? 75.

Political Climate of Farm Murders: According to (2.5 x 52 x 16)198 Eugene Ney Eugene Terreblanche is murdered farmer number 2080 since the April 1994 TRC social contract brought S. Africans ‘peace and human rights’ (sic). By way of comparison: 1. In the 1950’s Mau Mau War in Kenya, the official number of ‘European settlers’ killed was 32199, of which a dozen were said to be farmers. 2. During the 15 year Rhodesian war, 260 white farmers were murdered200. 3. In South Africa, between 1970 and 1994, in 24 years, while the ANC was "at war" with the white minority goverment, sixty white farmers were killed.

76.

The July 2003 Report of the Committee of Enquiry into Farm Attacks201, details: The Committee also interviewed 15 … state advocates in Bloemfontein, Capetown, Kimberley, Pietermaritzburg and Pretoria. They were unanimously of the view that .... the degree of violence and cruelty during farm attacks was exceedingly high. Most state advocates attributed this extreme violence to racial hatred.202 Features of specific farm attacks culled from NICOC and other security agency reports, such as utterances by attackers, gratuitous violence and the fact that the attackers did not steal anything, are cited in support of this [Land related intimidation, racism, hatred, revenge and politics] interpretation. There is also reference to perceived racial hatred stemming from the historic relationship between blacks and whites in South Africa, and a desire for retaliation for past injustices.203 In his book Midlands, Steinberg, while acknowledging that the motive in the majority of farm attacks appears to be robbery, supports the theory that the imperative to reclaim land lost through colonial dispossession is a key factor in some of the post-1994 attacks, which ‘tamper with the boundary between acquisitive crime and racial hatred’. He talks of ‘a racial frontier’ and claims that the perpetrators of a farm attack did so ‘to push the boundary back, a campaign their forebears had begun in the closing years of the nineteenth century and which their great-grandchildren believed was their destiny, as the generation to witness apartheid’s demise, to finish’.204

197 Johannes Harnischfeger, Witchcraft and the State in South Africa * German version of published in Anthropopos, 95/ 2000, S. 99-112. [PDF: www.scribd.com/doc/34180512] See also Women in the ANC and SWAPO: sexual abuse of young women in the ANC camps, by Olefile Samuel Mngqibisa [PDF: www.scribd.com/doc/32956931] 198 Anatomy of a farm murder, by Vuvu Vena, Mail and Guardian, Apr 08 2010: “AgriSA, the South African Agricultural Union, recorded 1 541 murders and 10 151 attacks in the period from 1994 to 2008 -- an average of 0,3 murders a day. The Transvaal Agricultural Union (TAU) recorded 1 266 murders and 2070 attacks in the period from 1991 to 2009 -- an average of 0.2 murders a day. The Institute for Security Studies of the University of Pretoria, using statistics provided by TAU in June last year, reported 1 073 murders and 1 813 attacks in the period from 1993 to 2009 -- an average of 0,2 murders a day.” [PDF: www.scribd.com/doc/34460479] 199 Anderson, David (2005). Histories of the Hanged: The Dirty War in Kenya & the End of Empire. London: Weidenfeld and Nicolson. (p.4) 200 The Farmer At War, Trevor Grundy and Bernard Miller, Modern Farming Publ., Salisbury 1979 [PDF; www.scribd.com/doc/34381393] 201 Great SA Land Scandal and Farm Attack Report: [PDF File: www.scribd.com/document_collections/2333949] 202 Farm Attack Report: Chapter 8: Investigating Officers and Prosecutors (p19) [PDF: www.scribd.com/doc/34458366] 203 Farm Attack Report: Chapter 18: Conclusions and Recommendations (p 406) [PDF: www.scribd.com/doc/34458345] 204 Farm Attack Report: Chapter 18: Conclusions and Recommendations (p 408-409) [PDF: www.scribd.com/doc/34458345]

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77.

According to Johnny Steinberg, in his book The Number205, in those who act on the ANC’s cultural heritage of ‘Kill Farmers’, are accorded with automatic membership -prison and street-cred status -- of the 27’s gang. Put differently, if you adhere to gangculture and in accordance with such gang culture, Kill a Farmer (Boer) in South Africa, then you are rewarded with automatic membership of the 27's gang.

78.

The 2080 farm murders have occurred in a country officially allegedly at peace, after having achieved alleged 'reconciliation', indicate that the "rainbow reconciled nation" is nothing but an illusion not reflected in evidentiary facts and reality on the ground. People who have forgiven each other, or are participating in such a conversation, collaborate to address and eliminate the root causes of their dispute, they don’t murder, rape and torture those they allegedly forgave, in order to rob them; unless their definition for ‘forgiveness’ is ‘murder, rape and torture’.

79.

When Archbishop Tutu said the Truth and Reconciliation Commission had failed206 (perhaps because it was a ‘get the big fish’ vengeance commission, instead of a rainbow perspectives revolution of forgiveness consciousness commission?); was he referring to acts like that of Joseph Hlongwane, 22, when he brutally tortured and murdered his employers Alice, 76 and Helen, 57 Lotter, and the English media censored the incomprehensibly brutal murder and trial?207

RADICAL HONESTY: CULTURE & RELIGION, OR REFUGEE STATUS? “To clarify, “religion” as I use it here does not refer to a system that has necessarily to do with a concept of God or with idols or even to a system of perceived religion, but to any group-shared system of thought and action that offers the individual a frame of orientation and an object of devotion. A religion may be conducive to the development of destructiveness or of love, of domination or of solidarity; it may further their power to reason or paralyze it. The question is not one of religion or not? but of which kind of religion? – whether it is one that furthers human development, the unfolding of specifically human powers, or one that paralyzes human growth. Thus, our religious attitude is an aspect of our character structure, for we are what we are devoted to, and what we are devoted to is what motivates our conduct.”208

A. Radical Honesty Culture of Forgiveness Banned in SA Multi-Culture Courts 205

The Number: One man’s search for identity in the Cape underworld and prison gangs, Jonny Steinberg, Jonathan ball, 2004 We've lost our pride – Tutu, Murray La Vita, Die Burger/News24, 2010-05-05; The Truth Commission’s chickens come home to roost, Business Day, 16 August 2007; The Rainbow Nation: Dead and buried?, David Bullard, Politicsweb, 28 April 2010; 10-04-27: WR ANC is in Breach of TRC Social Contract: Open Letter to President Jacob Zuma, from Transvaal Agricultural Union (TAU), April 24 2010, Ben Marais, President TAU SA [PDF: www.scribd.com/doc/34460267] 207 Tortured farm women’s gardener guilty, Adriana Stuijt, Censorbugbear, 09 June 2010; Bejaarde se gebed laaste woorde voor dood, Tom de Wet, Volksblad, 2010-06-01; Slagting van vroue beskryf, by Corne van Zyl, Nuus 24, 2010-06-02; Wreedaardigheid van moorde blyk uit verslae, Tom de Wet, Volksblad, 2010-06-03; Allanridge-vroue glo oor geld vermoor, Tom de Wet, Volksblad/Nuus 24, 2010-06-04; Tuinier skuldig aan 2 se dood, Corne van Zyl, Volksblad, 2010-06-09 [PDF: www.scribd.com/doc/34459264] 208 Fromm, Erich, To Have or To Be (Continuum 2000: p135-136) 206

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80.

First Amicus is currently serving a 6 month prison sentence, suspended for 3 years, for crimen injuria, for allegedly having insulted the dignity of a politician, by expressing her honest sincere Radical honesty opinion about the politicians behavior, privately, to her face, in five SMS’s, which included the alleged ‘crimen injuria’ word: ‘Kaffir’.

81.

First Amicus use of the word ‘Kaffir’ is, and has been generally in accordance with its original etymological meaning: The word Kaafir comes from the root verb Kafara, which means ‘cover’. It was originally used before Islam, in the Arabic language, to describe farmers, when they bury a seed in the ground and cover it with soil in their planting process, and came to mean ‘a person who hides or covers the truth’. Muslims altered it to mean ‘a person who hides or covers the truth about Islam’. Johnstone’s allegation that SA politicians ‘know the truth about the irresponsible planting of semen seeds in women’s wombs, and the resource war consequences of overpopulation colliding with scarce resources; but who cover up such information.’

82.

The Politician, Mrs. Patricia de Lille filed a charge of ‘crimen injuria’. Johnstone was subsequently (a) illegally arrested, without a valid arrest warrant (18 July 2007)209; (b) denied right to appear in court within 24 hours of arrest (19 July 2007)210; (c) illegally detained for 33 days in Pollsmoor prison (18 July – 22 Aug 2007)211; (c) denied right to information (alleged Arrest Warrant) to defend her rights (18 July 2007 to present)212; (d) denied impartial investigating Officer, Prosecutor and Magistrate (18 July to present)213; (e) framed in court by Investigating Officer and Prosecutor who intentionally withheld critical evidence of innocence (cellphone conversations with plaintiff) from the court; (f) framed by Magistrate who ignored the fact of Plaintiff Politician committing perjury on affidavit and witness stand; (g) denied valid legal internationally recognized Political Necessity214 defence; (h) denied right to present expert witness evidentiary testimony (Dr. Leonard Horowitz215 and Dr. Brad Blanton216); (i) denied right to not be found guilty of an act that is ‘lawful’ (i.e. as per ‘reasonableness’ test)217; (j) denied right to withdraw formal admissions if Prosecution

209

08-12-28: S v. Johnstone: Incomplete Further Particulars; Letter to Senior Prosecutor [PDF: www.scribd.com/doc/20520262] 08-12-28: S v. Johnstone: Incomplete Further Particulars; Letter to Senior Prosecutor [PDF: www.scribd.com/doc/20520262] 211 08-12-28: S v. Johnstone: Incomplete Further Particulars; Letter to Senior Prosecutor [PDF: www.scribd.com/doc/20520262] 212 08-12-28: S v. Johnstone: Incomplete Further Particulars; Letter to Senior Prosecutor [PDF: www.scribd.com/doc/20520262] 213 Respectively: Ibid, Ibid, and Notice of Intention: Application for Leave and for Judicial Review: ITO § 309B (1)) & 304A of Criminal Procedure Act (“CPA”); with § 24(1) of the Supreme Court Act [PDF: www.scribd.com/doc/20519849] 214 Civil Disobedience and Necessity Defence by Pierce Law Review [PDF: www.scribd.com/doc/33149485] 215 Affidavit of Leonard George Horowitz evidencing the Origin of AIDS sourcing from Hepatitus B Vaccine experiments conducted by Agents and Agencies of the Federal Government of the United States of America and the Merck Pharmaceutical Company; [PDF: www.scribd.com/doc/33891726] 216 Blanton, Brad Ph.D: Reasonableness Test Radical Honesty Skills & Competencies Affidavit [PDF: www.scribd.com/doc/33790671] 217 Blanton, Brad Ph.D: Reasonableness Test Radical Honesty Skills & Competencies Affidavit [PDF: www.scribd.com/doc/33790671] 210

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breach the ‘Formal Admission/Plea’ Agreement218; (k) denied right not to be sentenced to a suspended prison sentence for an act that the law says is ‘lawful’219; (l) denied right to file a complaint with the police documenting her persecution220, for their investigation; (m) although the Registrar has approved her In Forma Pauperis application221, Braam Swart & Partners declined to represent her for reasons of ‘complexity of legal argument’222. She has been unable to find one attorney willing to represent her223, to practice her culture: tell the truth. All require her to lie. 83.

Although the Prosecutor, Magistrate and Johnstone all belonged to different cultures, the Magistrate refused to consider that politically correct Afrikaner or African interpretations are not prima facie applicable224, different definitions and meanings for the alleged insulting225 word -- kaffir226 -- in addition to ‘dignity’, ‘respect’, than his cultural definition. For example: In Smit NO and Others v King Goodwill Zwelithini Kabhekuzulu and Others227 Judge Nic van Reyden of the Kwa-Zulu Natal High Court, ruled in favour of the revived Zulu cultural practice of barehanded killing of a bull at the Ukweshwama festival, satisfied with the evidence of cultural expert Professor Jabulani Mapalala228, who said that the animal’s death was quick, unpainful and that no blood was shed. (Others disagreed229: Mapalala’s expert witness testimony contradicts Chief Mlaba (not submitted to the court), as quoted in an ANC newsletter of December 1995, that: “We must use our bare hands, It’s cruelty, we agree, but it’s our culture. We cannot change our culture.”230). Johnstone’s Magistrate lacked the philosophical or

218

Notice of Intention: Correct Record: Withdraw Formal Admissions [PDF: www.scribd.com/doc/20918633] Blanton, Brad Ph.D: Reasonableness Test Radical Honesty Skills & Competencies Affidavit [PDF: www.scribd.com/doc/33790671] 220 Complaint to the SAPS: (i) Senior Pros. Jacobs, NPA: WC, Obstruction of Justice, Persecution and Corruption (II) Hon. P. de Lille, MP; ID: Perjury, Fraud, Corruption, & Persecution [PDF: www.scribd.com/doc/20890741] & [PDF: www.scribd.com/doc/20890746] 221 09-10-13: HC-WC: In Forma Pauperis Proceedings Referral to Braam Swart Partners [PDF: www.scribd.com/doc/21801180] 222 10-02-10: Braam Swart & Partners: In FormaPauperis Proceedings: L Johnstone [PDF: www.scribd.com/doc/26795413] 223 09-10-28: Cape Bar & Intn'l Bar Assoc: Pro Bono Comm: Re: HC-WC In Forma Pauperis (Crimen Injuria) Review Application; RE: Freedom of Speech Political and Cultural Rights, or Secession?; [PDF: http://www.scribd.com/doc/22039639] 224 Ex parte Minister of Native Affairs: In re Yako v Beyi 1948 (1) SA 388 (A) at 397. 225 Unlike a rose, ‘kaffir’ does NOT smell the same to black and white, by Sandile Memela, Mail & Guardian, February 26th, 2008; “Kaffirs do exist! The biggest sin will always be: Who says it!.... The use of the K-word is something that most white guilt whites still need to discuss with their psychiatrists… the meaning of any word is not in the word itself, but in people’s heads”; refernced in Legal Argument: G. Decoding Kaffir: Prevailing Norms of Society, copy to Cape Bar Pro Bono Committee; Request: for Impartial Record Keeping of Documentation: State v. Johnstone: Legal Argument, dated 11 August 2009 [PDF: www.scribd.com/doc/18634354] 226 First Amicus Radical Honesty Cultural & Religious Definition for ‘Kaffir’ in this instance was the original etymological meaning for the word ‘Kaffir’ namely, from the root verb Kafara, which means ‘cover’. Used before Islam, in the Arabic language, to describe farmers, when they bury a seed in the ground and cover it with soil in their planting process, to mean ‘a person who hides or covers the truth’. In this Radical Honesty context it was used to accuse SA politicians of ‘knowing the truth about the irresponsible planting of semen seeds in women’s wombs, and the resource war consequences of overpopulation colliding with scarce resources; who covers up such information’. 227 Smit NO and Others v King Goodwill Zwelithini Kabhekuzulu and Others (10237/2009) [2009] ZAKZPHC 75 (4 December 2009) 228 Mkhize: Bull-killing ruling promotes cultural tolerance, Mail and Guardian, 04 December 2009; Court Clears Ritual, Bare Handed Killing of a Bull – Does the Judgement Threaten Wider Environmental Problems?, by Dave Harcourt, Eco-Localizer, 6 Dec 2009; S. African Judge Compares Zulu Bull-Killing to Holy Communion, by C Szabo, 2 Dec 2009, Digital Journal; [PDF: www.scribd.com/doc/34458079] 229 Culture no excuse for cruelty: How soon before we start burning witches again?; Justice Malala, Sunday Times, 6 Dec 2009: “The argument put forward was that this bull must suffer because my ancestors made animals suffer. The argument is, with all due respect, stupid: my ancestors had not read the work of JM Coetzee and were not on Facebook. I know that I know more than they did, and that my practices must of necessity differ with theirs.” [PDF: www.scribd.com/doc/34458079] 230 ANC Daily News Briefing, Monday 11 December 1995: Zulu King revives ceremonies to build support, Sapa-AP, 10 December 1995; Court Clears Ritual, Bare Handed Killing of a Bull – Does the Judgement Threaten Wider Environmental Problems?, by Dave Harcourt, EcoLocalizer, 6 December 2009 [PDF: www.scribd.com/doc/34458079] 219

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psychological courage or judicial impartiality231 to enquire into Radical Honesty culture’s practices, as detailed by her expert witness. 232 84.

This was the second time, a TRC multi-culture SA Magistrate refused to apply the Radical Honesty practices233 and Bolam test to the reasonableness of ‘Kaffir’ free speech. On 31 January 2003, Johnstone accused Afrikaner Magistrate ADS Meyer of being a ‘white Kaffir’ (white truth concealer/deceiver), and African Prosecutor Sipoyo a ‘black Kaffir’ (black truth concealer/deceiver), for their refusal to follow due process practices in response to Johnstone’s Complaint to NPA regarding the Africanization of the Public Service234, and demanding the same ethical standard of service from blacks as whites: Questionable Qualifications and Understanding of Fundamental Legal Concepts displayed by George Prosecutor Ms. Sipoyo, in Case # C-572-2002: Lara Johnstone (Johnson)235.

85.

Johnstone was summarily convicted on 3 counts of Contempt in Facie Curiae, and sentenced to 12 months imprisonment. Johnstone was denied parole, and served her full 12 months sentence. Both the NPA and Chief Justice Hlope refused to place the Appeal (HC-WC: A 696-04, leave granted on 16 February 2004, by Regional Magistrate VA Botha236), on the roll for hearing in the Cape High Court.237

B. 40 SA Media: Endorse Legal and Political Persecution of RH White Refugee 86.

In February 2010, First Amici contacted 140 of SA’s political, academic and media elite, to provide them with a copy of Radical Honesty author, ‘Dr. Truth’ psychologist and ‘Honesty in Politics’ Candidate for US Congress in 2004 and 2006, Dr. Blanton’s Affidavit238 filed in the HC-WC -19963-09, with a summary of his findings: 1. If South Africa does not value non-violent civil disobedience free speech dissent, as one of its hallmarks; then it is not a democratic country. 2. Hon. Mrs. De Lille and the NPA Senior Prosecutor conducted a political and legal prosecution and persecution campaign against [Johnstone].

231

Ex parte Minister of Native Affairs: In re Yako v Beyi 1948 (1) SA 388 (A) at 397 Blanton, Brad Ph.D: Reasonableness Test Radical Honesty Skills & Competencies Affidavit [PDF: www.scribd.com/doc/33790671] 233 Gray v Stead [1999] 2 Lloyd’s Rep 559 234 1964-01-10: ICJ: Counter-Memorial of SA (Book I-IV) p.455: “The Africanization of the Public Service has been a prolific source of dissatisfaction in many African States and territories. The newly independent territories in Africa have generally embarked on a more-orless ambitious programme of “Africanizing” their Public Service; that is, replacing European or Indian personnel with Africans. The inevitable effect of this process has been to reduce the standard of efficiency of the service.” 235 Questionable Qualifications and Understanding of Fundamental Legal Concepts displayed by George Prosecutor Ms. Sipoyo, in Case # C572-2002: Lara Johnstone (Johnson), dated 22 July 2002; and RE: Complaint dated 22 July 2002, Re: George Prosecutor’s Office in Case # C 572-2002: Lara Johnstone (Johnson) [PDF: www.scribd.com/doc/34342510] 236 06-06-17 HC-CPD A 696-04: HoA: S.4.1 (A) Chronology of Facts [File: www.scribd.com/my_document_collections/2308877] 237 HC-WC: Appeal A 696-04: Heads of Argument: [File: www.scribd.com/my_document_collections/2308877] 238 Blanton, Brad Ph.D: Reasonableness Test Radical Honesty Skills & Competencies Affidavit [PDF: www.scribd.com/doc/33790671] 232

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3. The law of crimen injuria is a law so ridiculous; it appears to date back to a belief in curses from witchdoctors. Put differently, any society that values the principle of 'crimen injuria' (I think, I am unique); is one that values protecting the right of people with fragile ego's to not be offended as more important, than protecting the right of Galileo's and Voltaire's to offend. 4. The South African government are deliberately and intentionally punishing defendant for practicing her non-violent culture and religion of Radical Honesty. 5. The South African government are deliberately and intentionally denying defendant her right to a defence; and ignoring the justification and accuracy of her non-violent civil disobedience political necessity defence. 6. That there is a significant difference between posed forgiveness and real forgiveness and that this difference is almost always avoided by politicians, including South Africa’s alleged Truth and Reconciliation politicians. Put differently: S. Africa’s Truth and Reconciliation was not real & sincere; but fake & posed; a political fraud committed against SA citizens.

87.

First Amicus requested a comment regarding among others whether they (a) objected to Johnstone’s legal and political persecution and prosecution239, (b) endorsed or supported Johnstone’s right to non-violent Radical Honesty Freedom of Speech:

88.

Sowetan Sun: Editor: Charles Mogale: 26 February 2010: ‘I have taken the time to read Dr Blanton's offering and regret that I am not able to offer any opion on his views. I do not feel aptly qualified to proffer any opinion as, you will appreciate, ours is a tabloid publication which does not cover the subjects he raises.’240

89.

Beeld: Editor: Tim du Plessis: 25 February 2010: “Kindly be informed that I am not going to comment on the questions/issues raised in you letter. There will be no further correspondence or liaison in this matter.”241

90.

3rd Degree: Exec. Producer: Deborah Patta: 03 March 2010: “3rd degree is an investigative current affairs programme not a public elected body with a responsibility to comment on issues. All comment from e.news and current affairs falls under the head of news as pointed out in a previous e-mail.”242

91.

Business Day: Editor: Peter Bruce, 23 February 2010: “I didn't read all of it, because it was so long and so demented. So, I don't have any reply or any comment. I don't want to have anything to do with it. Sorry”243

92.

Daily News: Editor: Alan Dunn: 25 February 2010: “Mr Alan Dunn, Editor, Daily News, will not be commenting on Free Speech Legal Issue. Any response on the Huntley case will be in our editorial column.”244

93.

Mail and Guardian: Editors: Keith Nichols & Mathew Burbidge: 22 February 2010: Mr. Nichols stated that he had “No Comment” to the issues raised by American politician and author, Dr. Brad Blanton’s allegations of South African State’s Political and legal

239

Immigration and Refugee (IRB) Ruling by Mr. William Davis: Case MA8-04910: Brandon Huntley Request Sowetan Sunday World Official Comment on Free Speech Legal Issue: [PDF: www.scribd.com/doc/27743238] 241 Request Beeld’s Official Comment on Free Speech Legal Issue [PDF: www.scribd.com/doc/27357977] 242 Request 3rd Degree Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27741647] 243 Request Business Day’s Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27358006] 244 Request Daily News Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27741628] 240

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prosecution and persecution of non-violent civil disobedience Free Speech dissenter in South Africa. Asked whether it would be fair to say whether Mr. Nichols choice not to make any comment on the issue, demonstrated that he did not care about the Free Speech issues raised, he said he was not going to comment. Asked whether it would be fair to conclude that his statement of No Comment, reflected that he did not care about a South African citizen's being politically and legally prosecuted and persecuted. He again responded that he was not going to comment, with “I am not going to comment on that, okay,” and put down the phone.245

94.

Saturday Star: Editor: Brendan Seery: 26 February 2010: “I would much prefer deliberate indifference.”

95.

In Johnstone’s follow up confirmation of comment letter, (Confirmation of [News Organisation’s Name] Negligent and/or Deliberate Indifference to Radical Honesty Free Speech Legal Issue), she had informed Editors: Your response is one of negligent or deliberate indifference. The term ‘negligent and/or deliberate indifference’ is used to describe your actions as follows: Prior to the Receipt of this Confirmation, you have made no effort whatsoever to (a) contact me to enquire for more information to make an informed comment; and/or (b) at least honourably and professionally notify me of your Deliberate Indifferent “No comment.” It is assumed that your motivations for aforementioned behaviour of negligent or deliberate indifference are a result of your, or your organisation’s, deliberate indifference to certain people of certain ethnicities and/or ideologies and/or cultures and/or religions being politically and legally persecuted and prosecuted; and that I, Lara Johnstone fit one or more of those particular ethnic, ideological, cultural or religious categories, towards whom you are deliberately indifferent. In the event that aforementioned assumption is incorrect; please clarify your intentions for your negligent and/or deliberate indifference; so that I may accurately state your reasons for your negligent and/or deliberate indifference.

96.

Consequently Mr. Seery’s ‘Deliberate Indifference’ is defined as follows: “Deliberate Indifference: Brendan Seery (Editor: Saturday Star) is deliberately indifferent to certain people of certain ethnicities and/or ideologies and/or cultures and/or religions being politically and legally persecuted and prosecuted; and you fit one or more of those particular ethnic, ideological, cultural or religious categories, towards whom, Saturday Star is deliberately indifferent.”246

97.

The following Editors share Mr. Seery’s “Deliberate Indifference” definition: 702 Radio: Manager: Ms. Pheladi Gwangwa: 01 Mar 2010247; Die Burger: Editor: Henry Jeffereys: 27 Feb 2010248; Cape Argus: Editor: Chris Witfield: 26 Fe 2010249; Cape Times: Editor: Alide Dasnois: 26 Feb 2010250: The Citizen: Editor: Martin Williams: 26 Feb 2010251; City Press: Editor: Ferial Haffajee: 26 February 2010252; Daily Maverick: Brkic Branco: 26 February 2010253; Daily Sun: Editor: Themba Khumalo: 02 March 2010254; Daily Dispatch:

245

Request Request 247 Request 248 Request 249 Request 250 Request 251 Request 252 Request 253 Request 246

Mail & Guardian’s Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743162] Saturday Star Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743217] 702 Radio’s Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27357910] Die Burger Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27823922] Cape Argus Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27741568] Cape Times Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27741584] The Citizen Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743296] City Press Official Comment on Free Speech Legal Issue: [PDF: www.scribd.com/doc/27741601] Daily Maverick’s Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27741615]

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Editor: Andrew Trench: 26 Feb 2010255; E-News: Head of News: Patrick Conroy: 04 March 2010256; Financial Mail: Editor: Barney Mthombothi: 26 Feb 2010257; Finweek: Editor: Colleen Naude: 26 February 2010258; George Herald: Editor: Mandi Botha: 26 February 2010259; The Herald: Editor: Jeremy McCabe: 26 February 2010260; Ind. on Saturday: Editor: Trevor Bruce: 26 Feb 2010261; Pretoria News: Editor: Zingisa Mkhuma: 26 February 2010262; Rapport: Editor: Lisa Albrecht: 26 February 2010263; SA Press Assoc.: Ed.: Mark van der Velden: 26 Feb 2010264; Sowetan: Editor: Bongani Keswa: 03 March 2010265; The Star: Editor: Moegsien Williams: 26 February 2010266; Sunday Ind.: Editor: Makhudu Sefara: 26 February 2010267; Sunday Times: Editor: Ray Hartley: 26 February 2010268; Sunday Tribune: Editor: Philani Mgwaba: 26 Feb 2010269; Volksblad: Editor: Ainsley Moos: 26 February 2010270; Freedom of Expression Inst: Dir. M. Moore: 11/03/2010271; Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities: Rev. Wesley Mabuza: 26 February 2010272: Deliberate Indifference: [SANEF Editors, FXI Exec. Director, et al] are deliberately indifferent to certain people of certain ethnicities and/or ideologies and/or cultures and/or religions being politically and legally persecuted and prosecuted; and Lara Johnstone fit one or more of those particular ethnic, ideological, cultural or religious categories, towards whom, SANEF and FXI are deliberately indifferent.

98.

Johnstone also informed Applicant, all SANEF Editors and FXI, that: Please Note: No offence is taken from your decision to act with Negligent or Deliberate Indifference towards this matter. I most certainly would not want your Human Rights/Fourth Estate organisation to pretend to be concerned about my status as a legally and politically persecuted SA citizen; when in fact you couldn’t care less. It is better for me to be clear about which organisation, if any, are concerned about me being legally and politically persecuted, and which couldn’t care less. If none, and I apply for asylum with a foreign country, as a result of SA civil society’s negligent and/or deliberate indifference towards my political and legal persecution and prosecution; please do not be offended.

254

Request Request 256 Request 257 Request 258 Request 259 Request 260 Request 261 Request 262 Request 263 Request 264 Request 265 Request 266 Request 267 Request 268 Request 269 Request 270 Request 271 Request 272 Request 255

Daily Sun Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27741638] Daily Dispatch Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27741607] E-News Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743088] Financial Mail Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743104] Finweek Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743118] George Herald Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743133] The Herald’s Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743307] Independent on Saturday Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743150] Pretoria News Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743173] Rapport Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743183] SAPA Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743208] Sowetan Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743231] The Star’s Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743248] Sunday Independent Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743260] Sunday Times Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743275] Sunday Tribune Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743285] Volksblad Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/27743073] Freedom of Expression Inst. Official Comment on Free Speech Legal Issue. [PDF: www.scribd.com/doc/28224700] Commission… Official Comment on Free Speech Legal Issue [PDF: www.scribd.com/doc/28224628/]

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99.

On 17 Mar 2010, Johnstone notified273 Honourable Jason Kenney, Min. of Citizenship and Immigration, Canada, that 140 of SA elite endorse minority persecution in SA. On 21 March 2010 Johnstone launched Right of Return for African White Refugees and Jus Sanguinis Right of Return to Holland, for Boer-Afrikaners as a Facebook community and group; and on 21 April 2010, she contacted Dutch Representative Mr. Geert Wilders in Req: Freedom Party Help for African White Refugees who are descendants of Dutch Citizens.274

100.

On 23 April 2010, Algemene Dagblad Editor Mr. Casper Naber reported in Bange Zuid Afrikanen Vragen Wulders om Hulp275 that Mr. Kees van der Staaij, leader of the SGP conservative protestant party stated: The Netherlands has 'a very special responsibility towards the often very religious South Africans of Dutch descent…. The violence against whites in South Africa in a large problem. If they are targeted by violence, they should also be accepted as asylum-seekers in the Netherlands… If those people do not feel safe in their own country and want to settle here in The Netherlands, our country should consider those requests with a positive approach….

CONCLUSION: TRC SOCIAL CONTRACT: A FRAUDULENT PR PUBLICITY STUNT? 101.

Radical Honesty Population Policy Common Sense Social Contract276: should be (a) unequivocally understood and practiced by the common man, committed and capable of the honourable non-violent resolution of disagreements, except where clear consensual code of conduct for violent resolutions is agreed upon; (b) legislated in accordance with Laws of Sustainability277 (The Essential Exponential! For the Future of our Planet278), fully cognizant of Bouldings origins of socio-economic misery theorems: 1st Theorem: "The Dismal Theorem"- If the only ultimate check on the growth of population is misery, then the population will grow until it is miserable enough to stop its growth. 2nd Theorem: "The Utterly Dismal Theorem" - This theorem states that any technical improvement can only relieve misery for a while, for so long as misery is the only check on population, the [technical] improvement will enable population to grow, and will soon enable more people to live in misery than before. 3rd Theorem: "The moderately cheerful form of the Dismal Theorem" - If something else, other than misery and starvation, can be found which will keep a prosperous population in check, the population does not have to grow until it is miserable and starves, and it can be stably prosperous.

273 For the Record Memo: ‘Beyond Milgram Belief’: 140 SA Editors, Politicians, Academics confirm they are Deliberately Indifferent to the Rule-of-Law; have No Objections to persecution of ‘Radical Honesty White Refugee’ (“RHWR”) [PDF: www.scribd.com/doc/34274197] 274 Friday, April 23, 2010: White Refugee: Help Asseblief Graaf Wilders & Royal Familie, Nederlands: Jus Sanguinis Right of Return to Holland, for Boer-Afrikaners... [PDF: www.scribd.com/doc/34457887] 275 Friday, April 23, 2010: White Refugee: Help Asseblief Graaf Wilders & Royal Familie, Nederlands; Ibid 276 Chapter 9: Radical Honesty About Anger: PDFS: [www.scribd.com/doc/33790658] & [www.scribd.com/doc/20520279] 277 Reflections on Sustainability, Population Growth, and the Environment, by Albert Bartlett, Ph.D., Paper first published in Population & Environment, Vol. 16, No. 1, Sep 1994, pp. 5-35; (1998) [PDF: www.scribd.com/doc/33707684] 278 The Essential Exponential! For the Future of Our Planet features reprints of Dr. Bartlett’s papers, published by the University of Nebraska at Lincoln in. [PDF: www.scribd.com/doc/34456952]

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RELIEF: RECOGNIZE RADICAL HONESTY, IMPLEMENT CHOICE OF LAW RULES “The main difference between the corporate media and Pravda is that the Soviet citizens knew they were being lied to. We no longer have a free press. We have a brainwashing machine stuck on spin.” – Steve Bhaerman, How We Can Break the Soundless Barrier and Bring Down the Irony Curtain

102.

Confirmation that Radical Honesty is a religion/culture, not a refugee status.279

103.

Acknowledge that forgiveness, closure, ubuntu, amnesty, truth, reconciliation, interpreted in accordance to Radical Honesty definitions, renders the TRC social contract: A TRC Fraud: ‘Crime of Apartheid’ Falsification of History;

104.

Acknowledge that the absence of multi-cultural legal definitions (let alone choice of law rules) for many TRC social contract’s foundational multi-cultural concepts –forgiveness, closure, reconciliation, ubuntu, -- eliminates any Non-Descartian280 (I am, therefore I think) citizens ‘right to certainty in TRC ‘rainbow jurisprudence’281 administration of justice’282.

105.

Issue a judgement requiring that relevant choice of law rules (where two or more conflicting legal systems aims have to be met) be implemented: to give detailed guidance to courts and citizens on the application of cultural laws; eg. where and when is a defendant to be treated as a member of a particular cultural community in which particular practices, are cultural rights and obligations obtained, allowing sufficient flexibility to cater for the peculiarities of individual cases.

George, Southern Cape

LARA JOHNSTONE, Pro Se

18 July 2010

Propria Persona / Litigant in Person

Expert Witness Affidavits & Written Statements of Consent: » Brad Blanton, Ph.D: Practicing Radical Honesty, Futilitarianism; i.e. Radical Honesty about Anger and Forgiveness; Paradigms and Contexts [PDF: www.scribd.com/doc/31989814] » T. Michael Maher, Ph.D: How and Why Journalists Avoid the Population-Environment Connection and Media Framing and Salience of the Population Issue [PDF: www.scribd.com/doc/31373074] » Brad Blanton, Ph.D: legal, psych. & socio-political ‘citizens privilege’, Nuremberg Principles skills & competencies of Individual Responsibility, required for acts of civil disobedience…; application to common law ‘reasonableness test [PDF: www.scribd.com/doc/33790671]

279

Ex parte Minister of Native Affairs: In re Yako v Beyi. 1948 (1) SA 388 (A) at 397. See: Non-Descartian/Radical Honesty (I am, therefore I think) Worldview. Ibid 281 Alfred Cockrell ‘Rainbow Jurisprudence’ (1996) 12 SAJHR 1. 282 Van der Vyver (1982) 15 CILSA 312-14 280

49


TABLE OF AUTHORITIES Multicultural Substantive Due Process: Minorities, Clarity, Impartiality, Conflict of Interest, etc. » Opinion of Weeramantry J in the Case Concerning the Gabcikovo-Nagymaros Project (Hungary v Slovakia) (1998) 37 International Legal Materials 162 206. » United States v. Carolene Products Co. , 304 U.S. 144 (1938) » Lithgow & others v. United Kingdom (1986) * EHRR 329 § 110 » R v Sussex Justices, Ex parte McCarthy ([1924] 1 KB 256, [1923] All ER 233) » Smit NO and Others v King Goodwill Zwelithini Kabhekuzulu and Others (10237/2009) [2009] ZAKZPHC 75 (4 December 2009) » Sandra Lovelace v. Canada, Communication No. R.6/24 (29 December 1977), U.N. Doc. Supp. No. 40 (A/36/40) at 166 (1981). » International Court of Justice: South West Africa Cases: (Ethiopia v. South Africa; Liberia v. South Africa) Second Phase, Judgement of 18 July 1966; Counter-Memorials of South Africa » Ex parte Minister of Native Affairs: In re Yako v Beyi 1948 (1) SA 388 (A) at 397. » The Truth About The Truth Commission, Anthea Jeffery, SA Inst. Race Relations (SAIRR), 1999 » Assessment of the Probable Results of Activities of the Truth and Reconciliation Commission (TRC) as perceived by Former Chiefs of the SADF IRO the SADF, by SA Defence Force Contact Bureau » Immigration and Refugee (IRB) Ruling by Mr. William Davis: Case MA8-04910: Brandon Huntley Reasonableness Test: Culture Practices of Necessity Nonviolence Skills, Capabilities » Bolam v. Friern Hospital Management Committee [1957] 1 WLR 582; [1957] 2 All ER 118 » Daborn v Bath Tramways [1946] 2 All ER 333; Watt v Hertfordshire County Council [1954] 2 All ER 368; Gray v Stead [1999] 2 Lloyd's Rep 559; Philips v William Whiteley [1938] 1 All ER 566. » Civil Disobedience and the Necessity Defense, by John Alan Cohan, UCLA; Pierce Law Review. Ecolaw 101: ‘Sine Qua Non’ for all Rights: Environment, Sustainability, Carrying Capacity » Opinion of Weeramantry J in the Case Concerning the Gabcikovo-Nagymaros Project (Hungary v Slovakia) (1998) 37 International Legal Materials 162 206. » Van Huyssteen NO v Minister of Environmental Affairs and Tourism 1995 9 BCLR 1191 (C) » Proposed Legal Principles for Environmental Protection and Sustainable Development, adopted by the WCED Experts Group on Environmental Law, WCED Our Common Future (1987) 348 » World Population Plan of Action: adopted at the UN World Population Conference at Bucharest in August, 1974; Appendix 1 to Life and Death of NSSM 200 » How and Why Journalists Avoid the Population-Environment Connection, by T. M. Maher, Univ. of SW Louisiana, Pop. and Environment, Vol 18, No 4, Mar 1977. » World Scientists Warning to Humanity, issued 18 November 1992, issued by 1700 leading scientists from 70 countries, including 102 Nobel Prize laureates in Science. » Al Bartlett: (i)Arithmetic of Growth: Methods of Calculation I; (ii)Arithmetic of Growth: Methods of Calculation I; (iii) Arithmetic, Population and Energy: Sustainability 101; (iv) The Essential Exponential!; (iv) Reflections on Sustainability, Population Growth and the Environment » Garrett Hardin: (i) Living within Limits; (ii) Limited World, Limited Rights; (iii) Stalking the Wild Taboo; (iv) Tragedy of the Commons; » Thomas F. Homer-Dixon, Jeffrey H. Boutwell & George W. Rathjens; Environmental Change and Violent Conflict, Scientific American, Feb 1993 » Choucri, Nazli: Population & Conflict: New Dimensions of Population Dynamics; Population Dynamics and Local Conflict » National Security Council, National Security Study Memorandum (NSSM 200): Implications of Worldwide Population Growth for U.S. Security and Overseas Interests, DC Dec 10, 1974, 227 pp.

50


How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

How and Why Journalists Avoid The Population – Environment Connection T. Michael Maher March 1997

Abstract Introduction Agenda-Setting and Media Framing Theory How Experts Frame Environmental Causality Part I: How Reporters Frame Environmental Problems Results Table 1. Endangered Species Table 2. Urban Sprawl Table 3. Water Shortages Table 4. Solutions presented in sample Figure 1. Summary of sample of interviewed journalists Discussion Part II: Why Journalists Avoid Mentioning Population Method Interview format Results The narrative imperative and causal dissociation Discussion References

Abstract Recent surveys show that Americans are less concerned about population than they were 25 years ago, and they aren’t connecting environmental degradation to population growth. News coverage is a significant variable affecting public opinion, and how reporters frame a problem frequently signals what is causing the problem. Using a random sample of 150 stories about urban sprawl, endangered species and water shortages, Part I of this study shows that only about one story in 10 framed population growth as a source of the problem. Further, only one story in the entire sample mentioned population stability among the realm of possible solutions. Part II presents the results of interviews with 25 journalists whose stories on local environmental problems omitted the causal role of population growth. It shows that journalists are aware of the controversial nature of the population issue, and prefer to avoid it if possible. Most interviewees said that a national phenomenon like population growth as beyond the scope of what they could write as local reporters.

Introduction In 1992 the National Academy of Sciences and the British Royal Society issued a joint statement urging world leaders to brake population growth before it is too late (Royal Society, 1992). That same year, 1,600 scientists (including 99 Nobel laureates) issued a

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

statement warning all humanity that it must soon stabilize population and halt environmental destruction (Detjen, 1992). That same year, a Gallup poll showed that Americans were less concerned about population than they had been 20 years before (Newport & Saad, 1992). That same year, world leaders ignored population growth at the largest environmental summit in history, the U.N. Conference on Environment and Development, held in Rio de Janeiro. Why are the American public and political leaders so indifferent about this issue that so concerns the world’s leading scientists and environmentalists? Not because Americans are anti-environment: Another recent Gallup Poll (Hueber, 1991), showed that 78 percent of Americans considered themselves environmentalists and 71 percent favored strong environmental protection, even at the expense of economic growth. How can Americans express strong concern about the environment, yet a diminishing concern about population growth, which many environmental experts consider the ultimate environmental problem? It seems likely that Americans are not connecting population growth to environmental problems. In addition to the above-cited Gallup poll, a series of nationwide focus groups conducted for the Pew Global Stewardship Initiative confirmed this. The study sought to determine attitudes on population among 10 different voting groups, among them Catholic Anglos, mainstream Protestants, Jewish groups, and environmentalists. The focus group summary report noted, "The issue of population is not invisible but most often it is a weak blip on the radar screens for most of the voting groups —with the exception of the committed environmentalists and internationalists" (Pew, 1993, p. 22). Focus groups are ideal for getting beneath the surface of public opinion, for finding out why people think what they think. And most tellingly, when the Pew-sponsored focus groups were evaluated on whether respondents could connect population growth with environmental degradation, environmentalists and some of the internationalists and Jewish men's groups could make the connection, "but overall most of the others do not make any direct, unaided connections between population and environment;" the 1993 Pew report stated (p. 26, italics in the original report). But why is the American public not making the connection? This paper explores the possibility that news stories, from which Americans may infer causality of environmental problems, may keep them from making the connection between population growth and the problems it causes. Population researchers Paul and Anne Ehrlich opened their book, The Population Explosion, with a chapter titled, "Why Isn't Everyone as Scared as We Are?" They acknowledged, "The average person, even the average scientist, seldom makes the connection between [disparate environmental problems] and the population problem, and thus remains unworried" (1990, p. 21). But while they noted that the evening news almost never connects population growth to environmental problems, the Ehrlichs chiefly blamed social taboos fostered by the Catholic Church and "a colossal failure of education" (p. 32) for public indifference about population. Howell (1992) also minimized the role of the media in influencing public aptitude about science and the environment, and pointed instead to education: The obvious starting point for the individual is the public schools .... Education proceeds into undergraduate programs, which can play more than one major role in enhancing scientific literacy (p. 160).

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

The Ehrlichs and Howell seem to assume that education is the chief factor driving public opinion about environmental causality. But in Tradeoffs: Imperatives of Choice in a HighTech World, Wenk (1986) offered a more media-centric view of how the public learns: "Whatever literacy in science and technology the general public has reached is not from formal education. Rather, it is from the mass media. That responsibility of the press has been almost completely ignored" (p. 162). This study will examine press responsibility for the public's indifference to population growth by exploring two questions:  

To what extent do press reports about population-driven environmental problems link those problems to population growth? What reasons do reporters give for ignoring population growth in stories about environmental problems?

Before discussing method and findings, however, we must first review the theoretical basis for the media's role in molding public opinion.

Agenda-Setting and Media Framing Theory Wenk's point that the media are prime movers of public opinion aligns well with recent mass communication scholarship. Scholarly estimation of the power of the media has fluctuated widely during the twentieth century. In the early decades, the mass media seemed to wield great power, as evidenced by the success of the Creel Committee in selling billions in war bonds during World War I, and by the nationwide panic Orson Welles created in his 1938 Halloween hoax broadcast of invasion from Mars. But scholarly estimation of media influence plummeted when The People's Choice study showed media stories had little influence on a panel of voters during the 1940 presidential election (Lazarsfeld, Berelson, & Gaudet, 1968), and when experiments showed that motivational films had little effect in changing soldiers' attitudes in preparation for fighting World War II (Hovland, Lumsdaine, & Sheffield, 1965). The scholarly stock exchange remained bearish on media influence until 1972, when McCombs and Shaw published the first quantitative agenda-setting study. They showed very high correlations between those issues that received the most media coverage over time, and those issues that a sample of the public identified as most important. Since then more than 200 agenda-setting studies have been published (Rogers, Dearing & Bregman, 1993). These studies have generally affirmed Cohen's oft-quoted dictum that the media may not tell the public what to think, but they are spectacularly successful in telling the public what to think about (1963). Recent scholarship has added a corollary to Cohen: media messages may also succeed in telling the public how to think about an issue (McCombs & Shaw, 1993). The study of media framing suggests that reality is practically infinite, and that in reducing reality into a story a reporter must select some facts and ignore others. Further, the reporter must make some facts more salient than others in the story by giving them more space or by offering them early in the story. Unlike agenda-setting, which captures only the transfer of issue salience from the news media to the public, media framing theory provides a means of examining how news stories portray the causes of a given public issue. Recent scholarship (Entman, 1993; Pan & Kosicki, 1993; Edelman, 1993) has linked framing with causal reasoning, and Iyengar's studies (1989; 1991) have similarly dealt with news framing and public perception of responsibility for social problems.

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How and Why Journalists Avoid the Population â&#x20AC;&#x201C; Environment Connection, by T. Michael Maher

Rephrased within a media-framing perspective, this paper seeks to determine how and why reporters diverge from experts in framing causality for environmental problems. But we should establish experts' consensus that population matters in environmental issues.

How Experts Frame Environmental Causality A recent EPA publication lamented, "At present, there is a deplorable lack of research that assesses the impacts of demographic change within the U.S. on environmental problems at all levels" (Orians & Skumanich, 1995, p. 67). Nevertheless, many scholars have implicated population growth when they discuss base-level causality for environmental problems. Ward and Dubos (1972), Ehrlich and Ehrlich (1990), Commoner (1990) and Harrison (1992) argued that environmental impact results from three primary determinants: population, consumption level (sometimes expressed as economic level or affluence) and technology (or resources). This is usually expressed as a formula I=PAT; that is, environmental impact is the product of population, affluence and technology factors. Bailey (1990) reported additional models, POET and PISTOL, which add social organization, information and standard of living to the basic I=PAT model. With specific reference to habitat loss, Sears (1956), Jackson (1981), Myers (1991), Ehrlich and Ehrlich (1990), Harrison (1992) and many others have shown that population growth pushes people into relatively pristine, natural environments. Endangered species problems are frequently the flip side of this coin: when people convert wildlife habitat to their own habitat, they bulldoze trees, introduce chemicals, channelize streams, build dams, alter the water table, and disrupt habitat in numerous other ways. While it is well known that environmental experts connect environmental degradation to population growth, it is less well known that land developers are equally straightforward in implicating population growth as a causal agent for turning wildlife habitat and farmland into subdivisions. The how-to manuals for real estate development are very explicit about the critical role of population growth: The two primary determinants of the need for home and commercial construction are population growth and the demolition and retirement of existing facilities ... Growth in population creates a need not only for housing but also for supporting real estate facilities such as shopping centers, service stations, medical clinics, school, office buildings, and so on (Goodkin, 1974, p. 14). The main idea to keep in mind as you search for rewarding corporate realty investments is that in general land prices are the resultants of population. As more people come on a given section of land, whether to build homes, to work in stores, office buildings, factories, financial institutions, or supermarkets, they create a demand for living space, land and structures. This demand, except during a recession, seems likely to expand indefinitely (Cobleigh, 1971, p. 10). Demand for real estate at the national level is influenced by national population growth and demographic change, coupled with expanding employment opportunities and rising per capita incomes (McMahan, 1976, p. 76). Naturally, they frame the results with different language: what land developers might call conversion of raw land to happy communities is often the same phenomenon that environmentalists would call loss of critical wildlife habitat. But both environmentalists and developers agree that population growth is a chief force driving the process of land

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How and Why Journalists Avoid the Population â&#x20AC;&#x201C; Environment Connection, by T. Michael Maher

conversion. Land conversion, in turn, is frequently associated with species decline and urban sprawl, two issues whose news coverage this study examines. A third is sue studied in this research, water shortages, is also exacerbated by population growth, according to Postel (1993), Ehrlich and Ehrlich (1990), the Commission on Population Growth and the American Future (1972), Homer Dixon, Boutwell and Rathjens (1993), Orians and Skumanich (1995) and many other writers. We should acknowledge that the cornucopian economists (for example, Simon, 1981; 1990; Bailey, 1993) dispute the notion that population growth has produced any adverse environmental effects. However, their arguments have had much greater predictive power with regard to the short-term price and availability of nonrenewable resources. The cornucopians have failed to explain away the continuing net loss of wildlife habitat, and the growing incidence of water shortages and declining water quality. In general, there is good consensus among the experts that population growth is a significant variable that affects land and water use. But do media reports reflect this? This is a two-part study. Part I uses content analysis to determine the extent to which reporters include the causal role of population growth in framing stories about the environment. Part II is a follow-up to Part I. It employs depth interviews to discover why reporters ignore the connection between population growth and environmental problems. Since Part I provides the premise for Part II, its methods and results will be discussed separately.

Part I: How Reporters Frame Environmental Problems To measure media framing of environmental stories, Part I uses a randomized sample of 50 articles each for three common population-influenced environmental problems: endangered species, urban sprawl, and water shortages. Articles were downloaded from Lexis-Nexis, the world's largest database of full-text news stories. At the time of the study the Nexis library included 170 newspapers, 330 magazines, as well as wire services. Within Nexis, the CURRNT file limited the search to stories dated 1991 or later. Using the connector "w/2" (e.g., "endangered w/2 species") produced only stories in which the search terms appeared within two words of each other. The search produced 1,349 water shortage stories, 1,942 urban sprawl stories, and 6,001 endangered species stories. These were sampled by using a random number table. Selected stories were limited to newspaper, magazine and wire stories from U.S. and Canadian sources. To be considered for coding, the story had to describe a population-driven environmental conflict. (It is now common for various grievance groups to call themselves an endangered species. Such stories were discarded.) All stories were coded whether or not population growth was mentioned as a cause of the problem described in the story. A second coder read 30% of the stories from each of the three issues as a reliability check. Coder reliability was 100% because coding news stories for the presence or absence of a reference to population growth is much more reliable than coding stories into abstract, overlapping content categories.

Results Of the 150-article sample, 16 (less than 11%) mentioned population growth as a cause of the environmental problem described in the story. Population growth appeared in eight urban

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How and Why Journalists Avoid the Population â&#x20AC;&#x201C; Environment Connection, by T. Michael Maher

sprawl stories, seven water shortage stories, and one story on endangered species. Results are presented in Tables, 1, 2, and 3. Tables 1,2, and 3 also list solutions mentioned in each story. These solutions are numerically summarized in Table 4. As noted earlier, many experts agree that environmental impact is a product of three primary determinants: population, affluence and technology. If these factors serve as causes, addressing them could serve as solutions. Table 4 analyzes how solutions are framed within the sample of stories. Tables 1-3 show that population growth is mentioned as a cause in only 10.7% of environmental - problem stories. But population is even more unpopular as an environmental solution: Table 4 shows that from a sample of 150, only one story mentions that a stable population might be a possible solution to environmental problems. Table 4 suggests that reducing consumption is the favored remedy in stories about endangered species and urban sprawl; but for water shortage problems, technological remedies are higher on the media agenda. In other words, most endangered-species preservation measures entail forbidding consumption of some rare creature's habitat (e.g., ancient forests or springs or desert lands). Likewise, many urban sprawl stories present zoning - legal measures to limit consumption of land - as the chief measure to constrain development of a city perimeter. Such a solution simply dumps the population problem on some other community. But water shortage stories present technological fixes (e.g., new dams, new wells, new pipelines, desalination of sea water) 56% more frequently than reducing consumption.

Table 1. Endangered Species Stories that mention human population growth are listed in bold face; all others do not mention population. Species

Story Source

Cause of Species Decline

Solution

1

All endangered species

Inside Energy

habitat loss

National Biological Survey

2

Spotted Owl

Reuter's

habitat loss

Clinton compromise timber plan

3

Spotted Owl

Seattle Times

habitat loss

Lujan proposal

4

Salmon, waterfowl

San Francisco Chronicle

habitat loss

amend Endangered Species Act to allow more water for rice

5

Alabama Sturgeon

States News Service

habitat loss

none; jobs versus environment

6

Slender-Horned Spineflower

L.A. Times

habitat loss to golf course

invoke Endangered Species Act

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

7

California Condor

UPI

habitat loss

captive breeding

8

Black Bear

U.S. Newswire

habitat loss

invoke Endangered Species Act

9

All endangered species

CongressDaily

protection comes too late

amend Endangered Species Act

10

Delta smelt

Business Wire

habitat loss

business interests oppose listing as endangered species

11

Pacific salmon

L.A. Times

urbanization, logging, agriculture

close salmon season

12

Waterfowl

Sacramento Bee

habitat loss

enhance wetland habitat

13

Several fish species

San Diego UnionTribune

habitat loss

change water management in Sacramento River Valley

14

California Gray Whale

Atlanta Constitution

overharvest

protection from hunting

15

Spotted Owl

Reuter’s

habitat loss

injunctions to prevent logging

16

Mexican Thick-Billed Parrots, Black-Footed Ferrets

Chicago Tribune

captive breeding usually fails

protect habitat

17

Salmon

Gannett News Service

habitat loss

manipulate water levels

18

All endangered species

U.S. Newswire

habitat loss, overharvest

strengthen protective laws

19

Spotted Owl Marbled Murrulet, Pacific Salmon

USA Today

habitat loss

jobs vs. environment stalemate

20

Chinook Salmon

Seattle Times

development

listing as threatened species

21

Spotted Owl

Reuter’s

habitat destruction

endangered species listing

22

Three species of frogs

Seattle Times

mysterious decline in numbers

unknown

23

Spotted Owl

States News Service

loss of habitat

Clinton compromise plan

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How and Why Journalists Avoid the Population â&#x20AC;&#x201C; Environment Connection, by T. Michael Maher

24

Marsh rabbits

UPI

loss of habitat

purchase new habitat

25

Salamanders and plants

Texas Lawyer

pumping from aquifer degrades habitat

limit pumping

26

Manatees

St. Petersburg Times

people kill them

regulate boating

27

Ninety-eight rare or endangered species

Buffalo News

habitat loss

habitat setaside by Nature Conservancy

28

Mexican Spotted Owl

PR Newswire

habitat loss

Forest & Paper Assoc. opposes endangered species listing

29

Polar Bears

Dallas Morning News

proximity to people in Churchill, Canada

put bears in "bear jail"

30

Dusky Seaside Sparrow

States News Service

habitat loss, pesticides

too late to save; officially extinct

31

Cactus Wren

L.A. Times

habitat loss

endangered species listing

32

Many endangered species

Newsday

none

advances in radio telemetry will aid research

33

Five endangered species

L.A. Times

planned Bolsa Chica development

oppose development

34

Coho Salmon

Seattle Times

habitat destruction, overharvest

close fishing altogether

35

Black-Footed Ferret

Christian Science Monitor

animals bred in captivity canâ&#x20AC;&#x2122;t adapt to the wild

create "halfway house" to teach them how to fend for themselves

36

California Red-Legged Frog

L.A. Times

habitat loss, drought, acid rain floods, disease

endangered species listing

37

Desert Tortoise

The Energy Daily

hazardous waste dump

waste dump opposed

38

Sperm Whale

Toronto Star

beach strandings

additional research

39

Mexican Spotted Owl

Greenwire

habitat loss

threatened species listing

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

40

Red-Cockaded Woodpeckers

UPI

habitat loss

protection at Eglin A. F. Base

41

Spotted Owl, California Gnatcatcher

Investor’s Business Daily

habitat loss

business interests question cost of Endangered Species Act

42

Many endangered species

L.A. Times

43

Spotted Owl

Business Wire

habitat loss

business interests react to Greenpeace criticism of "God Squad"

44

California Condors

Washington Times

removed from wild for captive breeding

captive-bred animals to be returned to the wild

45

California Gnatcatcher

L.A. Times

habitat loss

endangered species listing

46

Many bat species

Cleveland Plain Dealer

habitat loss

support for Bat Conservation Int’l

47

Western Pond Turtle

Seattle Times

an "unknown pathogen caused pneumonia"

habitat purchase

48

Rare prairie habitat

Orlando Sentinel Tribune

gravel mine disruption

two acres of plants transplanted

49

Attwater Prairie Chicken

Houston Chronicle

habitat loss, floods, predators

captive breeding, land mgmnt., pesticide restrictions

50

Endangered plants

Atlanta Constitution

development

volunteers move plants away from the path of development

preserve endangered species in zoos by captive breeding

Table 2. Urban Sprawl Stories that mention human population growth are listed in bold face; all others do not mention population. Affected Town or Area

Source

Specific Problem

Solution

1

General

Chicago Tribune

urban sprawl & agriculture

plant rare species in back yard

2

General

PR Newswire

urban sprawl, pollution

limit immigration, advocate replacement-

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How and Why Journalists Avoid the Population â&#x20AC;&#x201C; Environment Connection, by T. Michael Maher

level fertility 3

Petaluma, Cal.

San Francisco Chronicle

factory outlet mall signs, infrastructure

candidates urge slow growth

4

Lake County, Fla.

Orlando Sentinel Tribune

developers defy arbitration over growth management plan

environmentalist-developer impasse

5

Atlanta, Ga.

Atlanta Constitution

airport not wanted

800 residents oppose airport

6

Everglades

Greenwire

water management plan

officials say water project will not harm environment

7

State Road 60, Fla.

St. Petersburg Times

signs, ugliness, parking lots

task force creates plan to limit developers

8

General

Business Wire

urban sprawl, traffic, smog

students compete in regional planning competition

9

Edgewood, Fla.

Orlando Sentinel Tribune

urban sprawl

development plan filed with state

10

Ontario, Canada

Toronto Star

urban sprawl

regional planning

11

Toronto, Canada

Toronto Star

urban sprawl

funnel population growth to the central city

12

Ventura County, Cal.

L.A. Times

urban sprawl

citizen group backs antisprawl candidates for county office

13

Canada

Financial Post

urban sprawl

public transit powered by alternative fuels

14

Tucson, Ariz.

Arizona Business Gazette

urban sprawl

tax breaks to developers for inner-city development

15

Toronto, Canada

Toronto Star

urban sprawl

many oppose inner-city development; want a yard

16

Ventura County, Cal.

L.A. Times

urban sprawl onto farmland

farmers sell development rights (but few takers)

17

Toronto, Canada

Toronto Star

urban sprawl

Ataratiri planned community (rejected by authorities)

18

New York

Newsday

rare plants being lost

preservation in botanical gardens (but cutbacks threaten gardens)

19

Corona, Cal.

L.A. Times

mining clashes with suburbs

compromise seems unlikely

20

Banff, Canada

Calgary Herald

expansion limited by national park

no easy solution

21

Los Angeles, Cal.

L.A. Times

ugliness along highways

put art on billboards

22

Toronto area

Toronto Star

urban sprawl

regional growth plan

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How and Why Journalists Avoid the Population â&#x20AC;&#x201C; Environment Connection, by T. Michael Maher

23

Toronto area

Toronto Star

urban sprawl

concentrate growth in Metro

24

Volusia, Fla.

Orlando Sentinel Tribune

urban sprawl

impact fees

25

Sacramento, Cal.

The Business Journal

urban sprawl

eliminate tract housing; build village-style development

26

Tampa, Fla.

St. Petersburg Times

mass transit problems

land-use planning to discourage urban sprawl

27

Orange County, Cal.

Chicago Tribune

urban sprawl

build more highways, mass transit

28

San Diego, Cal.

San Diego UnionTribune

hunting, fishing area consumed by urban sprawl

build a shooting range

29

Los Angeles area

L.A. Times

sheep ranches lost to urban sprawl

none

30

Lake Calumet, Ill.

Chicago Tribune

location of new airport

Lake Calumet would produce less sprawl than rural sites

31

Napa, Sonoma Valleys

San Francisco Chronicle

loss of farmland

zoning, land trusts

32

North Carolina

Engineering NewsRecord

development of river valleys

management agency caves in to developers, environmentalists say

33

California farmland

San Francisco Chronicle

loss of farmland

strengthen zoning laws

34

Canada

Toronto Star

auto emissions, urban sprawl

consider alternatives to cars

35

Simi Valley, Cal.

L.A. Times, 6/18/92

urban sprawl

city approves development over environmentalistsâ&#x20AC;&#x2122; objections

36

San Diego County

San Diego UnionTribune

urban sprawl

managed growth turned out to be poorly managed

37

Philadelphia

UPI

urban sprawl, pollution

mass transit

38

Phoenix, Ariz.

Phoenix Gazette

urban sprawl

preserve 5,000 acre wilderness

39

Montreal, Canada

Montreal Gazette

Montreal foots bill for services used by outlying towns

Montreal gets tax dollars from other provincial towns

40

Half Moon Bay, Cal.

San Francisco Chronicle

urban sprawl

city to sue commission for violating growth mgmn't plan

41

King County, Wash.

Seattle Times

growth management plan creates problems for

agricultural zoning is problematic for homeowner refinancing

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

residents 42

Windermere, Fla.

Orlando Sentinel Tribune

growth management plan disallows mobile homes

conflict between town and regional planners; unresolved

43

New Town, Ariz.

Phoenix Gazette

urban sprawl

city to annex 12,000 acres

44

Greater Toronto

Toronto Star

urban sprawl

student planners propose using bicycles

45

Toronto

Toronto Star

urban sprawl

school construction costs added to home prices, developers angry

46

Seattle, Wash.

Seattle Times

urban sprawl

direct growth into city center

47

New York-New Jersey Highlands

Gannett News Service

woods lost to suburbs

purchase forest land

48

Sudbury, Mass.

Christian Science Monitor

wetlands loss

preservation through land trust

49

Stockton, Cal.

Gannett News Service

urban sprawl

develop 18,000 acres of farmland into five new or expanded cities

50

Seattle, Wash.

Seattle Times

urban sprawl

urban planning

Table 3. Water Shortages Stories that mention human population growth are listed in bold face; all others do not mention population. Affected Town or Area

Source

Solution

1

California

San Francisco Chronicle

free market deregulation

2

Seattle

Seattle Times

new pipeline to Green River

3

Seattle

Seattle Times

possible return of "water police"

4

California

U.S. Newswire

build water pipeline from Alaska

5

Lewiston, Idaho

Lewiston Morning Tribune

invest in water system

6

Ventura, Cal.

L.A. Times

developers want new pipeline

7

California

Reuter’s

establish water bank

8

Tampa, Fla.

St. Petersburg Times

voluntary conservation

9

Pinellas County, Fla.

St. Petersburg Times

tight regulations, $200,000 awareness campaign

10

California

L.A. Times

Sect’y of Interior says limit growth (but not specifically population growth)

11

California coast

PR Newswire

new desalination technology

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How and Why Journalists Avoid the Population â&#x20AC;&#x201C; Environment Connection, by T. Michael Maher

12

Pennsylvania

UPI

water rationing

13

Naperville, Ill.

Chicago Tribune

bring Lake Michigan water to city

14

Brockton, Mass.

Boston Globe

new pipeline to Taunton River

15

Bellevue, Wash.

Seattle Times

conservation measures: low-flow toilets, recycle water

16

Vancouver, Canada

Vancouver Sun

continue conservation

17

Tampa, Fla.

St. Petersburg Times

voluntary conservation

18

New York City

Newsday

three-minute showers

19

Southern California

L.A. Times

desalination of sea water (shown as fraught with environmental problems)

20

Nevada

Greenwire

limit wild horse populations to avert disaster

21

California

UPI

$1.75 billion in bond money for desalination plants

22

Lewiston, Idaho

Lewiston Morning Tribune

conflict between people and salmon for water

23

Sacramento, Cal.

Sacramento Bee

farmers being cut out of water supplies

24

San Diego

San Diego Daily Transcript

desalination

25

Seattle

Seattle Times

landscapers seek exemption from water limits

26

Orange County, Cal.

Orange County Business Journal

use underground water supplies

27

Contra Costa, Cal.

San Francisco Chronicle

rationing

28

California

UPI

link groundwater basins to surface water systems, water bank, water transfers, new water facilities

29

California

Business Wire

new reservoirs, develop water market, planning

30

New York City

New York Times

rationing

31

Central Valley, Cal.

San Francisco Chronicle

better water management

32

California

UPI

new dams

33

Seattle

Seattle Times

"nearly inexhaustible" water may be underground

34

Western U.S.

States News Service

water markets allow farmers to sell water rights

35

Washington, D.C.

Washington Post

xeriscaping

36

California

L.A. Times

Imperial Valley growers asked to cut water use 7%, send to cities

37

Woodsfield, Ohio

PR Newswire

pump out of area lake

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How and Why Journalists Avoid the Population â&#x20AC;&#x201C; Environment Connection, by T. Michael Maher

38

Seattle

Seattle Times

take water from nearby Renton, Wash.

39

Two Florida counties

St. Petersburg Times

media blitz urges voluntary conservation

40

Western U.S.

UPI

House approves $41 million in drought aid

41

California

Orlando Sentinel Tribune

additional storage of recent rain

42

Atlanta

Atlanta Constitution

additional treatment plant allows for more growth

43

Seattle

Seattle Times

mismanagement alleged; more storage and earlier conservation

44

California

Christian Science Monitor

new management plan reapportions water

45

Central Florida

St. Petersburg Times

drought blamed for dropping lake levels

46

Seattle

Seattle Times

water rates to go up, to help renovate system

47

Sacramento

L.A. Times

study blames "gambling" by state and federal officials for water shortage

48

San Diego

San Diego Daily Transcript

better lawn management needed, says sod industry

49

California

Business Wire

water use cutbacks of 30% by industry, employees

50

Northwestern U.S.

UPI

"brown is beautiful, green is greedy" is new motto; shortage blamed on light snowfall

Table 4. Solutions presented in sample I = PAT* solutions presented in Lexis-Nexis sample of environmental coverage. Listed is the number of stories within each problem category that suggests population, consumption or technology solutions. These numbers are followed by strategies typical of each solution category. Solutions Population:

Endangered Species

Urban Sprawl

Water Shortage

Total

0

1

0

1

stabilize population

stabilize population

stabilize population

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How and Why Journalists Avoid the Population â&#x20AC;&#x201C; Environment Connection, by T. Michael Maher

Affluence (consumption):

32 protection by Endangered Species Act, habitat setasides, regulate hunting or fishing or logging

Technology

14 captive breeding, further scientific study, habitat enhancement, regulate pesticides

No solution

4

27 zoning, arbitration, preservation areas, slow-growth regulations

18

77

conserve water by rationing or other means, reallocate water from other sources

14

28

build more highways, mass transit, alternative fuels, new modes of housing

build new dams, wells, pipelines; desalinate sea water; low-flow toilets, recycle water

8

4

56

16

*Environmental Impact (I) = the product of population (P), affluence or consumption level (A), and technology choices (T) [see Ehrlich & Ehrlich (1990), pp. 58-59].

Figure 1. Summary of sample of interviewed journalists

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How and Why Journalists Avoid the Population â&#x20AC;&#x201C; Environment Connection, by T. Michael Maher

b. Problem described in reportage that led to the interview, by region Urban Sprawl

Endangered Species

Water Shortage

Southeast

5

1

1

Northeast

3

0

2

Midwest

0

1

1

Northwest

2

1

2

Southwest

1

4

1

c. Summary of interviewed reportersâ&#x20AC;&#x2122; newspapers by circulation size Circulation

Number of interviewed reporters

1. Less than 250,000

9

2. 250,00-500,000

10

3. Greater than 500,000

6

Discussion Although many scientific groups, environmental scientists and even land development experts agree that population growth is a basic cause of environmental change, media framing diverges widely from expert framing. Just over 10% of a Lexis-Nexis sample of environmental news stories links human population growth to the environmental problems it affects. Even more significantly, only one story in a sample of 150 presents the view that limiting population growth might be a solution to environmental problems. From the standpoint of Americans' environmental future, the most damaging stories might be those that mention population growth as a cause of the problem, while ignoring population stability as a solution. Such stories effectively tell the reader: population growth affects environmental degradation, but population stability is too outlandish even to be mentioned as a policy option. Ignoring that a stable population might be a long-term solution to environmental problems, news stories instead direct the public's attention to palliative solutions: build new dams to supply water, zone to prevent urban sprawl, set aside land for endangered species. Given reporters' penchant for proclaiming to "tell both sides," to render all news that's fit to print, to answer who? what? where? when? and why?, this leads naturally to the question: Why do reporters avoid the population issue so steadfastly?

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

Part II: Why Journalists Avoid Mentioning Population As we have seen, both land development economists and environmental experts acknowledge population growth as a key source of environmental change. But journalists frame environmental causality differently. Why? Communication theory offers several possibilities. First is the hegemony-theory interpretation: reports omit any implication that population growth might produce negative effects, in order to purvey the ideology of elites who make money from population growth. As Molotch and Lester (1974) put it, media content can be viewed as reflecting "the practices of those having the power to determine the experience of others" (p. 120). Since real estate, construction and banking interests directly support the media through advertising purchases, this interpretation seems plausible. A number of media critics (e.g., Gandy, 1982; Altschull, 1984; Bennett, 1988) have suggested that media messages reflect the values of powerful political and commercial interests. Burd (1972), Kaniss (1991) and others have pointed out that newspapers have traditionally promoted population growth in their cities through civic boosterism. Molotch (1976) even suggested that cities can best be understood as entities competing for population growth, with the city newspaper as chief cheerleader. Certainly most reporters would be incensed at the suggestion that they shade their reporting to placate commercial interests. But Breed’s classic study of social control in the newsroom (1955) showed that news managers’ values are transmissible to journalists through a variety of pressures: salaries, story assignments, layout treatment, editing, and a variety of other strategies that effectively shape news stories in ways acceptable to management. Another possible explanation for why journalists omit population growth from their story frame is simple ignorance of other explanations. Journalists who cover environmental issues may not be aware of any other possible ways to frame these stories, thus they derive their framing from other journalists. Journalists frequently read each other’s work and take cues for coverage from other reporters, particularly from the elite media (Reese & Danielian, 1989). Perhaps the pervasive predictability of the story frames examined in the Part I is another example of intermedia influence. On the other hand, it seems difficult to believe that journalists could be ignorant of the role population growth plays in environmental issues, because media coverage frequently ties population growth to housing starts and business expansion. Furthermore, "Why" is one of the five "W’s" taught in every Journalism 101 course. A public affairs reporting textbook, Interpreting Public Issues (Griffin, Molen, Schoenfeld, and Scotton, 1991), admonishes journalists: "A common journalistic mistake is simply to cover events —real or staged— and ignore underlying issues" (p.320). The book identified population trends as one of the "big trouble spots," and listed world population as the first of its "forefront issues in the ’90s" (p. 320). Hence, we cannot say that reporting basic causality is beyond the role that journalists ascribe for themselves. Indeed, a panel at the 1994 Society of Environmental Journalists discussed "Covering Population as a Local Story" (Wheeler, 1994). But ignorance remains a possible reason, for not all reporters have training in environmental issues. A third possible explanation comes from the "Spiral of Silence" theory by German scholar Elisabeth Noelle-Neumann (1984):

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

The fear of isolation seems to be the force that sets the spiral of silence in motion. To run with the pack is a relatively happy state of affairs; but if you can’t, because you won’t share publicly in what seems to be a universally acclaimed conviction, you can at least remain silent, as a second choice, so that others can put up with you. (p. 6) According to Noelle-Neumann, "the media influence the individual perception of what can be said or done without danger of isolation" (p. 156). Media coverage legitimates a given perspective. Lack of media coverage —omitting a perspective consistently from media stories— makes the expression of that perspective socially dangerous. Noelle-Neumann also suggested that the media serve an articulation function: "The media provide people with the words and phrases they can use to defend a point of view. If people find no current, frequently repeated expressions for their point of view, they lapse into silence; they become effectively mute" (p. 173). This description fits the national sample of news stories discussed in Part I of this study. These stories often show a double layer of causal myopia. Not only did the journalists not tell readers that population growth was causing the problem; the people in the stories themselves —the sources quoted by the journalists— seemed unaware that their predicament was exacerbated by expanding population. Both the reporters and their subjects seemed to be spiraling in silence. But why would reporters so consistently avoid mentioning population as a causal factor of environmental degradation? After all, journalists are not engaged in some misanthropic conspiracy to dupe the public. But Americans are extremely sensitive to issues involving reproduction, as the continuing furor over abortion demonstrates. Perhaps journalists consider population growth a taboo topic. Journalists’ sources, taking their cues from media silence about population, steer clear of the issue themselves. In How Do Journalists Think?, Stocking and Gross (1989) offer a cognitive psychology model that suggests that journalists construct hypotheses in pursuing news stories, but that reporters tend to indulge in a host of causal attribution errors. Among these are the tendency to oversimplify, to prefer anecdotal information over more valid statistical information, and the "fundamental attribution error" —the "tendency to weigh personal causal variables more than situational variables" (p.47). Since population growth is a situational force, this model suggests why journalists might attribute urban sprawl to developers rather than to population growth. The shallowness of media coverage has attracted scholarly comment as early as Lippmann (1922), who pointed out that journalists must deal in stereotypes because of deadline pressures and readers’ preference for simplicity. Many other scholars have commented on the shallow, episodic nature of the news. "The news we are given is not fit for a democracy; it is superficial, narrow, stereotypical, propaganda-laden, of little explanatory value, and not geared for critical debate or citizen action," Bennett (1988, p. 9) wrote. Linsky (1988) noted, "The event-orientation of news is a particular problem, for it steers coverage away from ideas and context and does nothing to encourage the drawing of connections between stories" (p. 216). Entman (1989) identified three production biases common to media stories: 1. simplification —audiences prefer the simple to the complex; 2. personalization —individuals cause events rather than institutional, historical or other abstract forces; 3. symbolization —audiences want dramatic action, intriguing personality, and stirring slogans, and the media provide them. Bennett (1988) offered a similar list of weaknesses in media content: emphasis on

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

people rather than process, and on crisis rather than continuity; isolation of stories from each other, and official assurances of normalcy. In sum, many existing theories can explain the consistent tendency by journalists to avoid mentioning population growth as a source of the problems they cover. Without further evidence, we really cannot tell. Graber has called for more study on the etiology of content: "Why are particular events selected from the large number of events that might be publicized and why are events cast into particular story frames that supply the interpretive background by which the story is judged?" (1989, p. 146). That is the point of Part II of this study: to find out why journalists neglect the causal role of population growth in framing their articles.

Method The researcher conducted telephone depth interviews with 25 journalists at their work site to determine why they had omitted the causal role of population growth from recent stories they had written. These interviews included several questions asked of all respondents, but also asked the interviewees in an open-ended fashion to comment on the role of journalism in providing information about causality in environmental stories. The journalists interviewed represented a purposive sample: writers from U.S. newspapers who had done articles accessible in Lexis-Nexis using the same keyword searches used in Part I of this study (endangered w/2 species, water w/2 shortage, urban w/2 sprawl). All interviewees had written the stories under discussion within the preceding six weeks, and all interviewees had omitted population growth from the story frame. A purposive sample was chosen for several reasons: 

It was necessary to call journalists who had written recently about environmental problems. Journalists are unlikely to be willing or able to discuss details of stories they wrote 18 months ago. Even the current-news library within Lexis-Nexis contains articles so many months old that their details would have been long forgotten by the journalists who produced them. The researcher sought a geographic diversity of reporters. Because California (population 31 million) produces so many stories about environmental degradation, and because California newspapers are well-represented in Lexis-Nexis, a randomized sample would likely have yielded a preponderance of California reporters. A purposive geographic selection of journalists produced a more diverse set of perspectives, since the interviewed reporters should represent different educational backgrounds, social circles and within-state political perspectives. A summary of the geographic origin of the interviewed journalists is provided in Figure 1. This study does not seek to generalize from the sample to the overall population of reporters, as a probability-sample survey would. It seeks psychological depth rather than sociological breadth, by seeking patterns to reporters’ comments about the nature of their work.

As Wimmer and Dominick (1983) suggest in their book on research methods, depth interviews frequently use small purposive samples and nonstandardized interview format. Hence they lack generalizability. But this chapter seeks to glean information about sensitive subjects —possibly, journalistic taboos— and for that purpose depth interviews are ideal.

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

Interview format In opening the discussion, the researcher identified himself and stated the study was about how journalists depict causality in environmental stories. The researcher assured the journalists that they would not be identified in any report resulting from the study. After mentioning that he had obtained their stories and bylines through a Lexis-Nexis scan, the researcher recounted a few details of each writer’s story to establish common ground with the respondent. The researcher then asked an open-ended question: "What would you say was the cause of [the problem discussed in your story]?" If this answer produced no mention of population, the researcher asked a second open-ended question: "Can you think of any other causes? Perhaps at a deeper level of causation?" If two open-ended questions produced nothing about the causal role of population growth, the researcher volunteered it by saying: "Many environmental writers say that population growth is one of the ultimate causes of environmental problems like [the problem discussed in the story]. Do you think that’s true in your story?" If the journalist agreed that population growth was indeed a causal factor (but had not volunteered such information unaided), this offered two possible interpretations: either the journalist was not well attuned to the environmental effects of population growth, or the journalist felt the subject was too controversial to broach (a spiral of silence effect). Further questioning sought to clarify how the writer stood on the issue. If the writer showed familiarity with the population issue, this was taken as evidence of a spiral of silence effect. If the journalist seemed unaware of a connection between population growth and environmental problems, this was interpreted as lack of knowledge. If the respondent implicated population growth in either open-ended question, or in agreement with the researcher’s suggestion, the researcher then asked: "Would it have been out of place to have mentioned this in your story?" The researcher then sought to determine why the reporter had omitted population growth in framing the story. The researcher also sought the respondent’s views on the populationenvironment connection, and the role of journalism in informing the public of causality in reporting environmental problems. One other standard question for each interview was: "If you had interviewed a source for the story in question, and that source had implicated population growth as a source of the problem, would you have used that quote?"

Results The interviews produced little support for the "ignorance hypothesis" —the possibility that journalists are unaware of the causal role of population growth in precipitating local environmental problems. In response to an open-ended question, eight volunteered that population growth was a source of the problems they wrote about. Eleven more agreed that population was a likely cause, when the researcher offered the idea. These 11 had the benefit of aided recall, but only two of them seemed to be unfamiliar with the populationenvironment connection. Six interviewees discounted that population was a major factor in the problem they had described in their stories —and they were possibly correct, within their immediate environmental context and time frame. Areas with stable or even declining populations can still experience pressure on land and water resources through increased consumption; for example, a large cohort of baby boomers might attain affluence sufficient to build new homes on larger lots or buy second homes.

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

Generally, though, the surveyed reporters seemed aware of the role that population growth played in precipitating environmental problems. The interviews gave little evidence of any Hegemony Theory effect. That is, reporters made no mention of being influenced by real estate advertisers or other powerful interests. But this is to be expected, since Hegemony Theory postulates that reporters’ obeisance to the dominant ideology is unconscious and unexamined. A study of this nature, which relies on self-reportage of motives, would be unlikely to reveal hegemonic effects. The interviews show some evidence for the "spiral of silence" explanation: many interviewed reporters felt that population is a hot issue, better left unmentioned. Several reporters volunteered this in conversation. One recalled the controversy that ensued when the Philadelphia Enquirer advocated Norplant as a solution for local teen pregnancy, which created charges of racism by area black people. Another reporter admitted of population, "It’s such an incendiary issue. If you say, ‘It all comes down to too many people,’ you’ll have everybody from Operation Rescue to the Catholic Church calling you." Another said, "We as journalists are nervous to discuss population." Another admitted, "Most of us [reporters] wait until somebody says it." In other words, the reporter felt he could not broach the issue in an interview without recriminations. This last statement implies that a spiral of silence is at work. Many journalists interviewed for this study felt the population issue was too controversial for them to bring up in an interview. The media are commonly acknowledged to serve as legitimizers for what can be said safely (Berger and Luckmann, 1966; Gans, 1979; Noelle-Neumann, 1984). But these interviews suggest that reporters themselves are affected by possible negative repercussions from pressure groups. Thus a spiral of silence about population growth may be maintained by determined pronatalists and intimidated journalists. Further evidence of a spiral of silence is the fact that several reporters who did not volunteer population growth as a cause of local problems in response to open-ended questions subsequently admitted deep concern about population. After the researcher broke the silence and mentioned that some environmental writers feel population growth drives environmental problems, many interviewees who had not volunteered such a perspective in an open-ended format voiced similar feelings. One woman reporter mentioned that she had chosen not to have children in part from environmental concerns —yet she did not mention population as an environmental variable when asked an open-ended question. Two other journalists who avoided mentioning population in response to open-ended questions later said they address population every few months in stories. Both were quite familiar with details of the issue. But they didn’t initially volunteer that familiarity to the interviewer. Finally, of course, none of the interviewees had mentioned population in the stories they wrote. Such a discrepancy indicates that reporters aren’t putting all they know about causality into their story frame. As Noelle-Neumann put it, it’s easier to remain silent and run with the pack. But the taboo nature of population growth was not the chief reason journalists mentioned for avoiding the issue in their reportage. Instead, most said population was simply beyond the bounds of their story.

The narrative imperative and causal dissociation

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

The reason journalists most consistently mentioned for avoiding the population issue was not anticipated in the researcher’s initial series of questions. That is, when asked to comment on why they had omitted population growth from their story, most interviewed journalists said that population growth simply didn’t fit within the event frame that served as their news peg. Many writers (Bennett, 1988; Entman, 1989; Hart, 1987; Gans, 1979) have commented on journalists’ preference for the dramatic over the explanatory, the personal over the situational. Many others have commented on the need for journalism to compress complex reality into narrative form (Darnton, 1975; Paletz, Reichert & McIntyre, 1971). In her study of the sociology of newswork, Tuchman (1978) focused on organizational forces as prime mover of the news product, but she admitted that story forms have considerable power to shape the news: Attributing to news narratives the power to raise certain questions and to ignore others may seem to digress from this book’s argument. Rather than demonstrate that news is a product of specific ways of organizing newswork, it suggests that the formal characteristics of the product of newswork guide inquiry. The power of forms cannot be dismissed. (p. 104) McCartney (1987) even applied a centuries-old typology of fictional conflict situations to journalistic stories, and discovered that many classic conflict forms could be discovered in modern journalistic stories. McCombs, Einsiedel and Weaver (1991) suggested that news is shaped by journalists’ training, by bureaucracies of news organizations, and also by "the traditions of journalism as a genre of mass communication" (p. 26). They added that structural biases "arise from the very nature of journalistic reporting and writing. The narrative styles of journalism shape the configuration of facts reported in the news" (p. 30). They added, "To a considerable degree, what each reporter sees is framed by the genre in which he or she writes" (p. 34). This narrative imperative of news pushes an invisible, slow, impersonal social force like population growth out of the story frame. If they ascribe blame for, say, urban sprawl, journalists tend to blame visible, personal causes —e.g., land developers— without ever questioning the social and economic forces that make it profitable for land developers to replace forest with suburb. If they ascribe blame for water shortages, journalists tend to blame Mother Nature: when will the drought end? The working principles of storytelling create causal myopia in news stories. Daily events reporting must have a news peg, an event that gives the writer premise for writing the story. In terms of space and time, the story must be framed fairly tightly around the event. Reporters cannot "go global" with a local story, for their space is limited in column inches to tell the story. Many of the interviewed reporters commented on this limitation when discussing their role as local journalists. Each of the following comments is from a different journalist: 

"When you come to something like population growth, it’s difficult for a community to say, ‘We want to take on population growth.’ I was staying close to the event. If it were a big feature on what [my area] is going through, then it would make sense to discuss population." "My story was more of a historical piece [on how a small community had changed]. For that approach [a discussion of population growth] wouldn’t have worked."

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

    

 

  

"Often daily journalism doesn’t include the broad context; you find that in the op-ed pages. Journalists are self-conscious about appearing intellectual; they don’t want to appear self-indulgent." "It’s difficult to think you’re going to have a forum as a local reporter to talk about a global issue like population." "The press tends to be crisis-oriented and has a hard time getting a handle on issues that are big." "I don’t think globally when I write a story; I think, ‘what do the people in this town want to know about?’" "It’s not journalists who are the problem [for omitting causality]. It’s the editors. They don’t want us to challenge the reader with unpopular ideas." "It is the role of journalists to include population growth as a source of problems. But on a daily story, you can practically never do that. On a daily story, it’s almost impossible. If I were to try, my editor would probably want me to spend more time defining terms, and we don’t have space for that." "Population doesn’t ring a bell with me in the realm of causality. Maybe on the global picture, but in terms of a developer putting in a golf course, no." "I’ve got 20 inches to explain why a garter snake is endangered. There’s no room for population growth in the story. Sometimes I write about population in general terms." "Population is beyond this story as far as I have learned. We sometimes address the population issue on its own terms." "The global perspective is not out of line, it’s just not what got me into this story. This was more about politics than the environment." "[Mentioning population] probably requires a look at the bigger picture, a more national scope. As [newspaper] space becomes constricted overnight and editors were looking for places to cut, [population] would be the first thing to go." "The immediate problem was the drought. They [local officials] were just waiting to see what happened. Population didn’t play into that story. We cover fires, basically. You come back later on —about once every six months— and say, here’s the trend. But you’ve got so many other topics." "Population as a topic is not a taboo; we have done stories on population in the past. It is a matter of stopping to think about it when you write a story. This [story in question] was written in about an hour on a laptop in my kitchen about 10 p. m., and it’s not one of my best efforts." "I don’t know that you can get [population] into the story. There are space limitations and the conventions of journalism are such that you have to keep your paragraphs germane to one another. If you’re talking about wildlife habitat and then all of a sudden you’re talking about world population growth, you’ve gotta explain to an editor how you got there and use a lot of paragraphs to do that." "Maybe Americans have a reluctance to talk about [population]. I don’t know when, if ever, they’ll be ready. Maybe the next generation will actually bring up population as a topic for discussion."

The implications are clear from these quotes. Local journalism cannot easily connect community events to slow, impersonal national or global causes. Even those interviewed journalists who were very savvy on environmental issues, who were very aware of the effects of population growth, admitted that including it in event-driven stories is frequently impossible. Space limitations are always a concern, and editors don’t tolerate journalists’ straying too far from the story line.

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

Although depth interviews lack generalizability, they are indeed useful in exploring sensitive issues of journalists’ motivation and intention. Naturally, self-reporting cannot capture all of journalists’ reasons for why they frame stories in a given manner. People cannot verbalize every motive for what they do. But the interviewed journalists showed considerable consensus in suggesting that population growth is too broad to fit in a story framed tightly around a local environmental problem. Most respondents were acutely aware of the boundaries separating local and national reporting, and what this means for the work they do. Taking a national perspective on a controversy over a local land development would be seen as egotistical, intellectual, and beyond the journalist’s job description. However, despite the forces constraining journalists from mentioning population growth, environmentalists may have an opportunity to affect causal framing of environmental problems. When asked whether they would use a quote connecting environmental problems to population growth, if their sources offered such a perspective, 16 journalists interviewed for this study indicated they would. Five said they would probably not include such a perspective, and four were unsure, allowing that their framing would depend on the context of the story. This means that environmentalists have the opportunity to break the media’s silence about population and help connect population growth to the problems it causes, if they will take the initiative to raise the subject with journalists who cover local environmental issues. Environmentalists should understand that most reporters do not consider it their role to broach the population issue. As one interviewed journalist admitted of the population connection, "Most of us [reporters] wait until somebody says it." Another reporter said, "If someone were intelligent enough to mention population, I would mention it [in the story]." Yet another comment was, "Unless the journalist runs across the right expert who says, ‘It’s population,’ the tendency is not to put it in [the story], unless you’ve been assigned to write a major series." However, as one interviewed reporter commented, "No one ever mentions population growth as a source of the problem." Another said, "No one has talked about limiting demand [for housing]. Officials in these small towns are pretty shortsighted."

Discussion In thousands of communities across America, population growth is wreaking changes: a mobile home park displaces an orchard, a farmer loses his water rights to a city hundreds of miles away, an endangered reptile’s last known habitat is threatened by a subdivision. These and countless other population-influenced disruptions reduce wildlife habitat, rural solitude, water availability, and many other environmental qualities. But this study shows that only one news story in 10 connects these events to population growth. This study suggests that the working principles of journalistic storytelling create a vast causal dissociation when the news media report population-driven environmental problems. Local media can cover local environmental degradation, but cannot connect these problems to population growth because, in part, reporters and their sources feel that population growth can only addressed at the national level. National media can address the population issue, but national reporters can’t peg a story on population to local events that, from a national perspective, seem trivial. Why would Newsweek readers in Iowa or Oregon want to know about population-driven water rationing

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

in a suburb of San Diego, or a protested land development north of Atlanta? And on the other hand, why would a borough of Boston want to address national population growth as an issue? From a systems theory perspective, the information feedback loop that connects the microcosm to the macrocosm is broken in the news we get. A spiral of silence also seems to affect journalists’ framing of population-driven environmental problems. Most journalists interviewed in this study knew population growth affects the environment they cover, but they were reluctant to mention population either in their stories or in the interviews that formed the basis for this chapter. Reporters know the controversial nature of population growth, and would rather avoid the issue than mention it —even in questioning sources for their stories. This study suggests that, from an agenda-setting perspective, the narrative imperative of newswriting keeps issues like population off the agenda. Frequency of mention by the media is the chief means by which an issue asserts itself into the public consciousness (McCombs and Shaw, 1977). But even though population growth causes or exacerbates uncountably frequent events that lower the quality of most Americans’ lives, reporters don’t mention this. They can’t connect event to ultimate cause in daily events reporting, and this effectively keeps the cause off the agenda and out of public consciousness. If, as one interviewed reporter suggested, reporters "cover fires" for six months, then write a single "trend story" that connects the events to causes, this pattern likely keeps population low on the agenda, because an isolated trend story is unlikely to have much effect on public consciousness. McCombs and Shaw (1977) note that the media serve a useful function by setting the agenda: Both by deliberate winnowing and by inadvertent agenda-setting the mass media help society achieve consensus on which concerns and interests should be translated into public issues and opinion. (pp. 151-152) But the agenda-setting process seems useful only if we consider what the media do place on the agenda. This study shows that agenda-setting may have a dark side, when we consider what the media do not cover. To generalize from this study, it seems likely the media have a blind spot regarding the basic layers of multilayered causality. The deep causes that drive daily events remain off the agenda. Certainly this is the case with population growth, but such causal dissociation may keep many other deep-seated causes of social problems off the agenda. Although scholars have not satisfactorily tied the media agenda and public opinion to the policy agenda (Borquez, 1993), many scholars have agreed that the media are very important for determining what does not get on the policy agenda. Spitzer (1993) noted: "The scope of the conflict determines the outcome...more than any other single force in national politics, the media control the scope of politics." In a similar vein Kingdon (1973) said: "In addition to noting how important the media are in bringing subjects, facts, and interpretations to congressmen, it is also important to mention that the media also play some part in determining which pieces of information will not be brought to congressmen." And indeed, recent U.S. policy on population is pronatalist (Abernethy, 1993). Although in 1996 Congress took measures to reduce immigration, it did so primarily for economic and social reasons, rather than out of concern for the environment. That same Congress dramatically reduced U.S. funding for worldwide family planning programs.

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

Many environmentalists are frustrated by the low salience Americans give the population issue. Deploring the "primitive stage" of U.S. public opinion on population, Grant (1992, p. 231) characterizes U.S. political discourse as "the kingdom of the deaf" (p. 239). Part I of this study shows that the American public is not deaf; but in the news they read Americans simply have little to hear that explains the environmental costs of population growth. Wellknown population researcher Paul Ehrlich has written that a "conspiracy of silence" keeps humanity from taking action on population (1989). Part II of this study shows that journalists are engaged in no conspiracy; they are simply keeping within the storytelling bounds of their craft, framing their coverage of environmental issues narrowly with regard to space and time. Interviewed journalists feel that a limited newshole keeps them from connecting local environmental problems to global causes like population growth. They also know that reproductive matters are a hot button with some readers, and steer clear of the issue if they can. But population must become more salient if future generations are to enjoy the quality of life we now know. A number of scholars conversant with sustainable levels of agricultural and energy output recently estimated an optimum population for the United States (Pimentel and Pimentel, 1992; Costanza, 1992; Ehrlich and Ehrlich, 1992; Werbos, 1992). The highest estimates were below current population levels; several low estimates were for a population of less than 100 million. Meanwhile the population of the United States is 265 million and is growing about 1 percent a year. Walter Lippmann (1922) distinguished news from truth: The function of news is to signalize an event, the function of truth is to bring to light the hidden facts, to set them into relation with each other, and make a picture of reality on which men can act (p. 226). This study shows how and why we are letting signalized events, rather than truth, set the agenda for our demographic and environmental future. References Abernethy, V. (1993). Population politics: The choices that shape our future. New York: Plenum Press. Altschull, J. H. (1984). Agents of power: The role of the news media in human affairs. New York: Longman. Bailey, K. D. (1990). From Poet to Pistol: Reflections on the ecological complex. Sociological Inquiry 60 (4): 386-394. Bailey, R. (1993). Eco-Scam: The false prophets of ecological apocalypse. New York: St. Martin’s Press. Bennett, W. L. (1988). News: The politics of illusion. New York: Longman. Berger, P., & Luckmann, T. (1966). The social construction of reality. New York: Anchor Books. Borquez, J. (1993). Newsmaking and policymaking: Steps toward a dialogue. In R. Spitzer (Ed.), Media and public policy. Westport, CT: Praeger. Breed, W. (1955, May). Social control in the newsroom. Social Forces, 326-335. Burd, G. (1972, April-May). The civic superlative: We’re no. 1. The press as civic cheerleader. Twin Cities Journalism Review 1. Cobleigh, I. (1971). All about investing in real estate securities. New York: Weybright and Talley. Cohen, B. C. (1963). The press and foreign policy. Princeton, NJ: Princeton University Press. Commission on Population Growth and the American Future. (1972). Population and the American future. New York: New American Library.

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How and Why Journalists Avoid the Population – Environment Connection, by T. Michael Maher

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