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02 February 2011 Ms. Nalini Gangen Cape Law Society ABSA Centre, 2 Riebeeck Street Cape Town 8001 Tel: (021) 443 6700 | Fax: (021) 443 6751/2 Email: cls@capelawsoc.law.za CC: Rob Boffard The South African 7 Commodore House Battersea Reach London SW18 1TW Tel: +27 (0)861 106 497 | Fax: +27 (0)21 671 6337 Tel: +44 (0)845 456 4910 | Fax: +44 (0)845 456 4912 Email: info@thesouthafrican.co.uk, editor@thesouthafrican.co.uk CC: Legal Brief Today: Ref: Is Hlope fit to hold office?1 Email: cserv@juta.co.za Dear Ms. Gangen,

RE: Law Societies statement that Radical Honesty SA Amicus Application in RSA v. Dewani is ‘without substance or legal basis’ I write regarding your statements in SA citizen challenges Dewani extradition2, The South African, 01-02-2011, wherein Rob Boffard states the following: Nalini Gangen, director of the Cape Law Society, says, however, that Ms Johnstone’s views are “without substance or legal basis”. “There is no reason to doubt that Mr Dewani would receive a fair hearing. South Africa has one of the best constitutions in the world and the Constitution provides for the instruments of democracy to be protected. The Constitution provides for the separation of powers and in particular the independence of the judiciary. “South African legal processes are clearly defined and any accused would have the freedom of choice of legal representation. “We have confidence in our judiciary,” she added.

I’d appreciate it if you could please clarify the following issues for me:

1 2

http://www.legalbrief.co.za/article.php?story=2007101113255087 http://london.thesouthafrican.com/news/SA-citizen-challenges-Dewani-extradition


[1]

Which argument/s stated in the Radical Honesty SA Amicus Application3 in RSA v. Shrien Dewani is/are ‘without substance or legal basis’?

[2]

If the legal reality is that there is reason to doubt that Mr. Dewani would receive a fair hearing in an Ubuntufied4 SA court of law; would you: 1.

lie and cover up that reality pretending it does not exist, in accordance with the South African legal, political and academic elite’s Edward Bernaysian Public Relations Protocols (Radical Honesty Guru Scott Ginsberg describes Bernaysian PR protocols as “the ever-rising tide of corporate and political bullshite”5)

2.

tell the truth, the whole truth and nothing but the truth, and support Mr. Dewani to receive a free and fair trial, in a British court of law where there is more certainty for him to receive a free and fair Descartian6 trial?

[3]

What percentage of European, African, Indian and Coloured Cape Law Society Attorneys would be willing to provide Judge Riddle with written affidavits, swearing under oath that they have ‘confidence in the political, legal, ideological, intellectual, ethical and psychological independence and competence of SA’s Descartian judicial officials’?

[4]

Do you think Carl Wille would sign such an affidavit? Is Hlophe fit to hold office? Published in: Legalbrief Today Date: Thu 11 October 2007 As a lawyer, I am tempted to engage in unemotional reasoning to reach a logical conclusion in this matter. I shall however refrain from doing so, as any such reasoning by a white South African regarding this extremely serious matter is likely to be attacked by my fellow black lawyers as being racist and in conflict with African values. What I prefer to do is to appeal to my fellow black lawyers to seriously contemplate whether you think that Judge Hlophe is fit to hold office and whether he is the type of person that you would like to preside over an important matter impacting on your life? If you feel that he is fit to hold office, I would appreciate you sharing your reasoning with us, so that I can gain a better understanding of this matter. If you however feel he is not fit to hold office, I appeal to you to share your views with us and to take appropriate action, even if it jeopardises your career prospects and threatens African values. You may want to consider the content of the Prevention and Combatting of Corrupt Activities Act 12 of 2004 while contemplating your position in this matter. Look forward to your views on the matter. Carl Wille

Respectfully,

Lara Johnstone Radical Honesty SA 3

http://issuu.com/js-ror/docs/110118_rsa-v-dewani_rhsa-amicus-nom?mode=a_p http://issuu.com/js-ror/docs/110118_rsa-v-dewani_rhsa-amicus-nom?mode=a_p Scott Ginsberg on Radical Honesty – Greatest Branding Secret in Modern Marketing http://www.hellomynameisblog.com/2009/02/greatest-branding-secret-in-history-of.html 6 http://issuu.com/js-ror/docs/110118_rsa-v-dewani_rhsa-amicus-nom?mode=a_p 4 5

11-02-01: Radical Honesty SA Q. to Cape Law Society: RSA v. Dewani  

Q to Cape Law Soc: Which argument/s in Radical Honesty SA Amicus in RSA v. is/are ‘without substance or legal basis’?

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