1. This morning I am taking my time to savour the judgment in @SineguguZukulu and Wild Coast Communities successful application to interdict @Shell's seismic blasting.

I'm an interactive reader.

Read it with me?

🧵.

BTW judgment and papers are here:

drive.google.com/drive/folders/… 2. The judgment opens with a nice and simple statement of the legal issue in the case -->

1. Yesterday, @wilmienwicomb of the @LRCSouthAfrica unpacked the reasons why Wild Coast Communities interdicted @Shell's seismic blasting in an absolute masterclass.

I wanted to do a slow 🧵on media and lawyering for communities.

But first watch: 2. First, explaining community cases is so much easier when journalists are prepared (as they usually are).

@_BongiweZwane - for @FullViewSABC - was clearly very well prepared and asked great questions that opened the door for Wilmien to explain the case so effectively.

TODAY IS THE DAY!

Judgment coming at 09:30 in the Wild Coast Community challenge to stop @Shell’s seismic blasting.

Win or lose, my clients assure me that this is a small step in a long struggle.

Today’s judgment will be broadcast from this link:

🧵>

https://twitter.com/JohanLorenzen/status/1474321889699020808

Please keep watching after the judgment for an explanation of the outcome from @wilmienwicomb and then reactions from our glorious clients

1. I can’t sleep so I’m reading ⁦@SKevinM⁩’s “Non-Racial Constitutionalism: Transcendent Utopia or Colour-Blind Fiction” from the latest Constitutional Court Review.

The title, the abstract 🔥😍.

Read along: journals.co.za/doi/pdf/10.298… 2. Kevin starts by framing the piece with fascinating questions.

Most importantly, "what does 'non-racialism' mean?"

Also, what role should it play in court cases on race?

He notes that while it's frequently invoked, there's been far too little discussion about non-racialism.

1. This week @Richard_Spoor Inc and the @LRCSouthAfrica served court papers in a massive case asking the Constitutional Court to declare the Traditional and Khoi-San Leadership Act unconstitutional.

🧵. 2. I promised I would write a post about it. But my energy reserves are almost finished, and I want to go on leave.

So I will just copy-paste some selections from our clients' court papers and leave it to you to make sense of it all. I can only apologise.

As 2021, a difficult year for me, wraps up, I am reflecting on the wonderful friends I have and the privilege of being part of a loose community of friends committed to being kind to each other and to helping each other have better ideas and do better work.

Thank you, friends! I’m going to use this tweet to anchor a thread where I’ll tweet about a friend’s cool work when I get the chance ❤️.

1. One of the coolest, kindest, and smartest scholars I know, @Zandibles, wrote a transformative piece on how South Africa's mining industry fine-tuned racism through infrastructure.

A 🧵 of what I love.

But really just read it -->

IT'S SOOO GOOD!!!!!!

e-flux.com/architecture/c… 2. From research preparing @Richard_Spoor Inc's unsuccessful defence of artisanal miners from interdict proceedings by Ekapa Minerals, I had a keen sense that diamond mining played a crucial role in racial formation.

I discussed this (w my cousin) here:
psychologyatwork.buzzsprout.com/342416/8115574…

1. The Constitutional Court is back!

Today, the ConCourt opens its fourth term with a bang: the Lebashe case on whether interim interdicts are appealable (editorial: they are) and, if they are, what is the test?

The question is technical but the case is vitally important. 2. Thousands of interim interdicts - temporary court orders prohibiting or compelling certain conduct - are given each year.

They are given with wide discretion by judges.

Many interdicts are outrageous.

And typically favour those with deep pockets.

1. Yesterday, @ICJ_org criticised the Eastern Cape High Court's decision to acquit Loyiso Coko of rape charges because of the court's reliance on foreplay in its findings.

Some have defended the court's decision as correct under our law.

I think they're wrong.

🧵.

TW. 2. I should start by saying that @sheena_swemmer has written a powerful, must read piece that's much more important than this thread.

dailymaverick.co.za/opinionista/20…

@t_kathrada and @ProfSrilaRoy tweeted powerfully.

That said, I want to make some slightly different points.

1/9 The Public Protector has made significant findings against Premier Mabuyane regarding the funds for Mam' Winnie Madikizela-Mandela's funeral.

The Premier has responded by attacking the PP.

The courts will ultimately decide, but the report *seems* meticulous.

*thread* 2/9 The PP's report relies upon 136 emails, 18 subpoenaed reports and affidavits, 2 interviews, and 9 notices under the PP Act.

It *seems* a model for forensic investigations - all the evidence is carefully balanced in plain writing.

Let's look at some of it's findings.

1. Today is a momentous day for the Xolobeni struggle for the #Right2SayNo to mining and toll roads imposed on indigenous land.

MEC Babalo Madikizela is convening a 'vote' on whether the toll road may slice Sigidi village in half.

Venue? A private tent with armed security --> 2. The Xolobeni community won the #Right2SayNo to mining on their land in the landmark Baleni judgment.

Of course, a #Right2SayNo is also a right to consent enthusiastically to projects the community embraces.

That judgment makes clear that consent must be 'full and informed'.

The Constitutional Court website has a link promising details on hearings for the fourth term.

Click the link and:

"Not Found

The requested URL /sss was not found on this server."

This website will be the end of me. The Court finally updated its Caseflow Summaries.

At leave six matters have already been set down for November.

A blockbuster for the nerds will be Lebashe on appealability of interim interdicts on 02 November 2021.

1. In its 2nd article about Dr Lushaba, @TimesLIVE reported that it had "seen a 12-second clip of the video."

Now Dr Lushaba faces a complaint to the @SAHRCommission by @Our_DA and cancellation by @helenzille for targeting whites for 'extermination'.

UCT is investigating.

https://twitter.com/TimesLIVE/status/1380136777567068163

2. But what did Dr Lushaba say?

The full lecture is now on YouTube.

Did Dr Lushaba defend or minimise the Holocaust?

No.

Not in any way, shape, or form.

Quite the opposite.

Thread continues:

1. As ⁦@imanrappetti⁩ interviews ⁦@GwedeMantashe1⁩ for the keynote address at the Mining Indaba, Nonhle Mbuthuma is sung to the stage for the keynote address at the Alternative Mining Indaba to speak on Xolobeni’s stand for the #Right2SayNo for all communities. @imanrappetti @GwedeMantashe1 2. Nonhle opens her keynote by thanking the communities and civil society who have stood with Xolobeni over the years.

She says she is often asked why foreigners and outsiders support Xolobeni.

Her response: "Solidarity is not a crime"

1. Despite all our flaws, today, I am immeasurably proud to be a small part of @Richard_Spoor Inc.

After the Mankayi test case was lost in the HC and in the SCA (with three concurring judgments), Richard argued before the Constitutional Court himself.

He won.

Workers won.

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2. As noted in our founding papers in the class action, Gramsci wrote about #silicosis.

There is no mystery: dust causes silicosis.

With responsible mining, silicosis is preventable.

But in SA, responsible mining was more expensive than black lives.