CHALK this one down in the “unexpected” column: ANC Youth League leader, Julius Malema has come out fighting for former President Thabo Mbeki, saying he should not be prosecuted for his role in Aids deaths.
Perhaps he and Mbeki’s successor, Jacob Zuma, are all too aware of the precedent that would set: Government would be liable for suffering and death caused by acts of ommission if Mbeki were ever to be found guilty.
Think about it: Would victims of police killings be able to prosecute Zuma for murder? What those who suffer from TB because clinics do not function well be able to charge the state?

Related posts:

  1. Zuma worse than Mbeki says Malema
  2. Why won’t Zuma stand up to Malema on nationalisation?
  3. Jacob Zuma makes a point about Thabo Mbeki and Aids
  4. Malema and Nzimande are volcanoes. Beneath, the tectonic plates are shifting
  5. Mbeki will wear the Aids denialist millstone to his grave

 


Comments

 

Xolani Nyali

November 17, 2009 at 8:30 am

The heinous crime of Genocide is defined in Chapter four of the Convention on the Prevention and Punishment of the Crime of Genocide as:
“Article II

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

Article III

The following acts shall be punishable:

(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.”

What sets this crime apart from other crimes against humanity is intent. The alleged perpetrator must have formed a sufficient intent. So the prosecution would need to prove beyond reasonable doubt that former President Mbeki and his Minister of Health had the intention to commit genocide.

Those who are advocating for the prosecution of former President Mbeki for genocide are using a layman’s understanding of the crime, but that understanding counts for squat is a court of law. The magnitude of body count is irrelevant. This is not a crime of numbers.

A cautionary note: people must avoid crying wolf when there is none for when the wolf is actaully at your door no one will be listening.

Just my two-cents worth.

 

Brood vir my broer

November 17, 2009 at 9:01 am

correct Julias. look at what is happening at Super Group. the so called private sector.

corruption gallor the CEO is given a golden hand shake of R6.5m. he still has the audacity to take the company onn. saying it was not enough.

this after leading the company to a R3bn dept. that may sink the company.

we need more stories about private sector fraud to come to the fore so that they can be debated.

stop this focus on politicians, diverting attention from the real criminals in the private companies. like the ponzi scheme boys, author brown and his people…..

 

Larry Goodefella

November 17, 2009 at 9:34 am

Mbeki is guilty of typical crass stupidity. The then Minister of Health has proven her stupidity time and again and inteligent people have binned her long ago.

Mbeki, however, gave the impression of an intellectual. But beneath the wise pipe smoking demeanor, is a shallow thought process befuddled with quotes by Yeats and Shakespear. Altogether just another African stupid mentality.

One cannot be convicted of stupidity in Africa, no matter how many people die from it, because African standards of measuring stupidity are so sub-par and pervasive throughout this continents population of ‘humans’.

Of course, this includes the one and only Malema, who is actually one of too many idiots who blot our landscapes in massive swathes of fecal smear.



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