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advocate_gerrie_nelIn a shock announcement, the famous South African prosecutor, Advocate Gerrie Nel, has resigned his office in the formal South African Judicial system to join Afriforum in order to prosecute prominent cases more effectively.

The highly respected Advocate Nel states as reason for his shock departure that everyone is clearly not equal before the Law in South Africa. He bases his statement on the failure of the National Prosecuting Authority to pursue certain high-profile cases affecting ANC Government personae. He joins the private organization Afriforum to set up a private prosecuting office, as allowed under the Constitution of South Africa. His first order of business is to relaunch cases the government has refused to pursue on grounds generally considered to be political.

The pugnacious Nel is popularly known as “The Pitbull” for his aggressive prosecution of Olympic Medal Winner Oscar Pistorius, better known as the “Blade Runner” for killing his girlfriend by discharging his gun through a closed bathroom door.

Afriforum is an organization  created to defend the rights of White Afrikaners, a Caucasian Christian nation with the same DNA as Americans. They are deeply discriminated against in South Africa and are deemed by Genocide Watch to be approaching the final stages of genocide. On 14 August 2012 the organization raised the Genocide Threat Level to 6: Preparation. An informal roadside memorial (left) to the thousands of white farmers killed in South Africa since Nelson Mandela came to power in 1994 may be seen on the national road north of Pretoria. Internationally, White South African farmers are the single most threatened group of people not formally at war.

International readers may find it interesting that South Africa is one of only two major countries in the world that employ the Roman-Dutch Legal System, the other being Indonesia, which was a Dutch colony until World War 2 and the foreign headquarters of the old Dutch Empire. Napoleon changed the system in the Netherlands, but it continued in some Dutch colonies, including the Cape of Good Hope. It is also applied in the former British colonies surrounding South Africa, as well as in (Dutch) Gyuana, East Timor, and Sri Lanka.

This is this very legal system that allowed Nelson Mandela to make his famous hours long political speech from the accused bench in 1964 without actually formally testifying. Had he testified, it is generally thought that he would have been found guilty and hanged. Americans would likely see this as something akin to speaking in support of one’s case despite “Taking the Fifth”. It conjures up images of Lois Lerner of the IRS who availed herself of her Fifth Amendment rights and yet made statements in defence. Unlike in the United States, South African Law does not allow for the use of juries, but employs a judge and two “assistants” called assessors. This explains why there was no jury for Oscar Pistorius.

Harry Booyens

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