“Cape Judge President John Hlophe seemed to have access to confidential notes circulated between judges of the Constitutional Court, the Judicial Service Commission (JSC) heard today. Hlophe had also boasted to Justice Bess Nkabinde about obtaining a list of people implicated in the multi-billion dollar government arms deal from the National Intelligence Agency, she said. ‘He [Hlophe] went on to explain that … there is no case against Mr [Jacob] Zuma,’ Nkabinde testified before the JSC in Johannesburg. ‘He [Hlophe] said there was a list containing names of people who were also implicated in the arms deal, he had obtained the list from the National Intelligence Agency and he said something to the effect that some of the people who appeared on the list were going to lose their jobs when Mr [Jacob] Zuma becomes president,’ said Nkabinde.” (Times)

So let’s try and get this right – National Security, tapping phones and leaking information to “desirables” by the National Intelligence crowd would include passing the information over to their head, his wife, I would imagine, and every human being on the African continent albeit that preference is shown to those with a surname starting with the letter “H” like Hulley or Hlophe …

Mind you I shouldn’t make fun of this I learned something new today. Apparently — definitely don’t quote me on this, tell them Uncle Hulley said so — attorneys are entitled to commit seemingly criminal acts in the acquisition of information or documentation and then claim attorney and client privilege as the basis for refusing to disclose the source of the documents or any other information relating thereto.

Isn’t making the law up as we go along just so much fun?

Mind you if the head of South Africa’s true law-enforcement agency – the director of the National Taxi Drivers Association – ever finds out he might be less than amused. If any of you lot are wondering why I keep “kidding” about the taxi drivers then I would simply remind you that they dealt with rapists when the police threw up their hands in despair, have an innate sense of fair play (trust me I’ve acted for enough of them) and refuse to be cowed by injustice or abuse of authority wherever they encounter it … but I digress.

Now call me Mr Thicko but isn’t Judge Nkabinde in essence saying the following – 1) There are NIA documents 2) Seemingly in the hands of someone who should not have them 3) They list certain people involved in wrongdoing in the arms deal and 4) Confirmation that when a certain someone gets into power …

Now where have we seen this before?

1) NIA documents 2) Seemingly in the hands of Hul … person/s not entitled to be in possession of them 3) Containing a list or information implicating people in wrongdoing 4) Confirming that if someone goes down everybody goes down. Was it from that golfer Nicklaus? … No, I know! There was reference to it in the papers before Judge Nicholson in Pietermaritzburg (maybe he plays golf).

And then just as someone was cleaning the box containing all these documents down at the NPA representations they must have gone off by mistake. Could have happened to anyone.

And you all wonder why I am so angry with the people despoiling the party I support. If anyone can show me how any of this conduct ties in with the policies of the ANC I’ll start listening to the “are you still voting ANC” waffle. None of this is policy and all of it tarnishes the names of those freedom fighters who gave their lives for a just South Africa.

PS: I’m thinking of opening up a law office with a blackmail department. You come to me with your problems and I’ll just go and tap phones, uplift documents and then blackmail your enemies. Is it legal? Hell it seems to be the foundation of our legal system right now.

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Michael Trapido

Michael Trapido

Mike Trapido is a criminal attorney and publicist having also worked as an editor and journalist. He was born in Johannesburg and attended HA Jack and Highlands North High Schools. He married Robyn...

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