A very belated apology to George Bizos. George was our counsel in a joint inquest enquiry into the deaths of 45 miners in a coal dust explosion at Sasol’s Middelbult mine in the Secunda Regional Court. This was in the early 90’s on a hot midsummer afternoon.
It was day two of George’s cross examination of the mine manager. George was a lethal cross examiner, slow and methodical, he took nothing for granted. His questions were always short and simple. He was endlessly patient as he drilled down layer by layer for the truth.
The questioning had been going on for hours. I was seated just behind George who was standing at the bar, leaning on the lectern. His imposing bulk shielded me from the sight of the presiding magistrate and the assessors. I began to nod off in the stifling heat.
I was shaken awake by my own sudden, violent fart that reverberated through the somnolent court room, people bounced out of their chairs. I sunk lower in my seat to hide my shame. I glanced towards the packed public gallery, to man they were staring at George, their mouths agape.
George didn’t flinch, he didn’t look back at me with opprobrium, he continued as if nothing had happened, and so I escaped my disgrace. He assumed the burden of my shame.
George was a great lawyer and an even greater human being.
My belated but sincere apologies George.
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Well, that was a very impressive and dignified response by Israel. The confidence we had coming out of yesterday’s hearing has pretty much evaporated. It does appear that SA’s case was light on hard evidence.
The evidence of genocidal intent in the form of statements by leaders is much less impactful when placed in context and countered with other statements, orders and directives requiring the Israeli military to respect the rules of war. We missed Israel’s humanitarian initiatives.
Our reliance on evidence of massive civilian casualties and damage to property and infrastructure, to prove intent, is not that telling in circumstances where we are unable to show that the harm and damage would have been any less, if Israel had complied with the rule of law.
Let’s clear up some of the common misunderstandings about what South Africa’s complaint is about. 1. Israel’s contention that Hamas is an antisemitic terrorist organisation with a genocidal intent, is not in issue. 2. The scale and nature of the Oct 7 atrocity is not in issue.
3. Israel’s right to self defense and its right to wage war against Hamas in order to destroy for good, its capacity to attack Israel and its people and to free the hostages is not in issue.
What is in issue is the manner in and intention with which Israel is conducting that war.
South Africa contends that based on the utterances of senior Israeli political and military leaders and the conduct of its military forces in Gaza that it is clear that Israel’s strategy to destroy Hamas is to target the civilian population of Gaza and to punish them.
Consulted with a client today. His experience is representative of how SOE’s work.
Telkom is rolling out fibre in some townships in Gauteng. It appointed a main contractor but because the contractor lacks local influence, it insists on the use of a local subcontractor.
The main contractor does the buying and pays the subcontractor. The main contractor gets 30% of the contract value, the subcontractor gets 70%. The work goes well till other local political players decide to muscle in. They start destroying the installed fibre infrastructure.
The Telkom contract manager tells the main contractor he must split the subcontracting work between all those demanding a share of the subcontracting work. My client, the subcontractor refuses to agree to the splitting of his sub contract.
Got a letter today from SASOL’s attorneys, the estimable firm of Cliffe Dekker Hofmeyr. My client is a farmer with a farm downstream from one of SASOL’s waste water dams, known as Dam F. Dam F was built in the 80’s to accommodate toxic waste water from the coal mines.
Dam F was designed to leak waste water. The clay was carefully removed to build the dam wall exposing the weathered dolorite, that constitutes the floor of the dam, which leaks like a seive. It’s a cunning way to leach polluted waste water into the ground water.
This is much cheaper than treating the water or evaporating it. From Dam F the waste water flows into the ground water and eventually surfaces in the dams in the stream flowing through my clients property. His animals drink the waste water and get sick and die.
My client is a natural scientist. A specialist in fresh water invertebrates, he wrote a book on the subject. He was called in to assess the damage done to the aquatic ecology of the Olifants River by a toxic mine spill. He sampled the millions of dead fish in the river and dams.
He scooped up the dead fish with a net in order to identify the types of fish that were poisoned and then kept some dead fish as samples to be sent to Onderstepoort for pathology, to establish just what kind of poison killed them.
Now the Mpumalanga Parks and Tourism Agency #MTPA has charged him with the crime of fishing without a licence. He is due to appear in the Middelburg Magistrates Court shortly.
Twenty one young people, many under eighteen, die in a packed drinking spot under mysterious circumstances. It’s a tragedy, and the grieving parents and th public want answers. What happened? How did the die?
A quick guide on how to botch the investigation.
1. Express shock and anger. 2. Promise that no stone will be left unturned to find to ensure that those responsible will be held to account. 3. Call for a national debate debate on the legal drinking age and town planning laws.
4. Stoke the fires of xenophobia, by suggesting that the owners are foreigners. 5. Announce that a stampede and a crush have been excluded as a possible cause of the deaths because the bodies show no sign of external injury.