Saturday, October 17, 2009

Crimen Injuria Update Update

The State vs. Johnstone Crimen Injuria case has come to an end, with sentencing pronounced on 13th October. Ms. Johnstone, aka blogger and activist Andrea Murrhteyn, was given a six month jail sentence, suspended for three years.

If you are asking, why should I care? remember that in South Africa the Crimen Injuria law makes it illegal to "insult" somebody; it's not libel, it's not slander, it's a criminal offence and you can go to jail.

update: posted this in a rush this morning and forget to link to the previous update here, and add an appropriate image!

6 Opinion(s):

Exzanian said...

This will not keep her down. This lady is a fire eater of note. My hat off to her, I am not worthy.

Andrea Muhrrteyn said...

Thanks Exzanian!

Thats very complimentary of you! ..

And you are very astute. Yes, it is not the end; not close. The High Court, Western Cape, have approved my application for In Forma Pauperis Representation; and I have been appointed a legal firm in George, and they are currently investigating the matter.

In short, my Application for Leave, is to be based on a few grounds, among others:

1. Crimen Injuria is unconstitional, either we are a 'democracy' or not; but in democracies, people do not have the right not to be offended, then the matter is a civil matter, and is paid for out of their own pockets; not a criminal matter paid for by the State.

2. Gross Irregularities in the Proceedings: See Notice of Intention to Correct the Record: Withdrawal of Formal Admissions, which includes among others:

Complaints filed with the South African Police Services and SA Human Rights Commission:

[a] In terms of the principles enshrined in the Promotion of National Unity & Reconciliation Act 34, 1995, Officials and citizens social contract duties & responsibilities; § 2 (4) of the Prevention and Combatting of Corrupt Activities Act of 2004, Article 6 of the London Charter, & Article 33 of the Rome Statute, of the International Criminal Court; citizens privilege and the Nuremberg Principles, the following complaints have been filed with the South African Police and South African Human Rights Commission, in this matter:

(I) South African Police Services:

(i) Against P. de Lille, for Perjury Fraud, Corruption and Persecution; and

(ii) NPA-WC Snr. Pros. Jacobs for complicity in actions and knowledge to obstruction of justice, persecution and corruption;

(II) South African Human Rights Commission:

(i) Against Hon. Patricia de Lille, MP, ID; (ii) Mr. Thabo Mbeki, Former President; (iii) Mr. Bulelani Ngcuka, Former NPA Nat. Dir.; (iv) Mr. J.S. Selebi, Former SAPS Commissioner; (v) Mr. B.M. Skosana, Former Min. of Corrections, (vi) Mr. Nelson Mandela, Former President; (vii) Mr. Jacobs, Senior Prosecutor, NPA, Capetown; and (viii) National Prosecuting Authority, Western Cape; for: Accessory After the Fact, Complicity in Actions and Knowledge to Tragedy of the Commons Slave and Cannon Fodder Breeding (a) Crimes against Peace, (b) Crimes against Humanity, and (c) the crime of apartheid.

For those unaware, the 'crime of apartheid' is as per the International Convention on the Suppression and Punishment of the Crime of Apartheid, entry into force 18 July 1976, in accordance with article XV: Art. II :

“For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of .... discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them…”

Doberman said...

Give them hell Andrea. I think this "law" is crap and people ought to know that. You can't have a bill of rights/constitution that protects freedom of speech yet makes exceptions for certain words, at least I hoping that's what our bill of rights /constitution contains.

Andrea Muhrrteyn said...

Thanks Doberman,

Shall do my best.

e said...

Why was she sent to jail? What did she do?

Viking said...

@e

she "insulted" Patricia de Lille by SMS !!!

see here:
http://www.crimeninuria.blogspot.com/

Scroll down and look for the overview on the left hand side.