The dude is spot on. The Constitution Court by granting direct access to Zuma was the author of the script that denied Zuma the right to appeal. As the Apex Court, they ipso facto brought finality to the matter.
I like this argument too and I understand both of them unfortunately for justice Theron in the Zuma contept of court case she descended and that did not have an impact on the precedent and the constitutional court now is bound by that emotional judgment they gave and that is what adv gcukaitobi is holding them to and he is correct 😂😂😂
Judge T is standing up for every South African. The majority made a judgement greatly influenced by political expediency. The law cannot be static or arbitrary, certain issues or judgments must be rehashed at every opportunity. Judge T may not have the legal majority on her side but she has the moral high ground. She is able to see the danger in the previous judgement for future litigants. Her question on whether there is any other case Adv T and team can hang their case on is very telling of the atmosphere prevailing in the Zondo/ Zuma proceedings.
What I am getting from Justice T a that the constitutional court should not have entertained Zondos application in the first place as they did not have penal rights. They simply shouldn’t have handed unappealable sentences.
@@theonlynapeYes, the matter was addressed. This being the apex court with the authority of finality. She is undermining original constitutional jurisdiction of their court thus intending to undermine the body of jurisprudence which they are part of.
@@theonlynape he should just maintain calmness and persistantly batress his point. If you've observed, judges don't behave like magistrates, except a few like Ratha.
@@ossborn100 She is not stating this in a law Journal, this is a court of law, she needs to continue her argument outside court, it will not serve any purpose now
I give my sister Justice Theron flowers and non-alcoholic red 🍷. Justice Theron my school Sisi Kampempe, Zondo and Umakoti WaseStellenbosch. Thembeka is a hired attorney for IEC but he has found his match in Justice Theron. I know for the fact that Adv Mpofu is trashing all the legal platform and assernal thrown to uBaba.
Those who drew up the constitution had to consider the applicable law at the time of compilation. As she said, no individual rights have been denied. Exactly what he is stating, zuma's rights have not been denied.
that provision is self defeating and begs for further interrogation. If one provision says to forfeit a right to appeal and one confirms the right appeal, they cant both be given full effect on the very basis of contradiction
This is awesome. Justice T wrote minority judgment previously. She cannot now sit and keep quiet. This is pure difference in opinion in the viewpoint and interpretation of the individual justice/s. . Adv T could have toned down without having to have been told by the DCJ. But this is gr8 stuff. 🤟
In a profound ruling that resonates deeply with the complex interplay between faith and law, a High Court judge was summoned at midnight to make a pivotal decision. A father, guided by his religious convictions, had asserted his right to refuse a life-saving blood transfusion for his dying daughter. The judge, weighing the principles of legal ethics against personal beliefs, overturned this religious assertion, thereby safeguarding the young girl's right to life. This case underscores the critical importance of allowing legal professionals to operate within their realm of expertise, free from the sway of personal emotions. Things armchair critics knows nothing about.
My very first time to listen to both great minds Ngcukaithobi and Mpofu, i painfully say that Ngcukaitobi isn't substituting enough his arguments. It seems his defense arguments are driven by emotions.
Still made it to the ICJ to represent South Africa. He is the only Advocate to get Senior counsel (SC) after being an advocate for 8 years (Record breaker) Dali Mpofu, I think he is the one emotional check his cases
Bravo adv Ngcukatoibi, student of law, no howling n threaning judges but sterm firm in principle of law, period, so ppl must not be irritable with facts of the law
Hcçcvcchcchçcvjviç chocoholics čhhçcvvhçcčuihfgfhioccihugigufgcccghhggu chic hc hi gghfuuiciihfhu C Bhv ouchhhhuhhhiohhuchhhuugcugc u hhuicchuhfh ihvcchucoufhfhihufuhhgghfugfhifhfuufiffghhhfhfhfh high chin ouuhuuccohvcchuhuhuochhucvhhuhuhhcuhcohchuhuhgufgfhvughfifhhf good yhuychh I bounce hugs ihufucuiuhhchucihhhgcgcuigicicg ugogo h h hug cucuucughghufufuhgguggfhuhhf h h hchuhuggfihgfug C C hhhufhfiviggvh iughfhuhhugiuuugghugghfuhuuhufofuhfuufuhuhhuhugiuh Uff fhgvughhhufhhghhhfhucg G hhhhuffufuhogh h ihvhfivhguufiffhuhfugfgfiufihgifg UFS uhoghigicug UFSuhhhfuuhugghuhuhhgfcuhi Higgs hi ouu hi chi vcuguufuhgohoufuvvcihichuh g h chçu c g cuicJayhawks G h icing ugh icuchugigicuhgihuhc gibi CBC C h chi
You guys are so obsessed with English as if it puts food on your table. In this case how does mastering his English benefit him,cos am sure that even the most uneducated person in that room can speak a bad English but make a valid point of communication.
She's driving at exposing the JUSTICE FLAWED law provision's, applicable discretionary (through majority rule) instead of argument’s merits and demerits, something that leaves us with different rules for different people before our courts. Differing rules that premise our faith as citizens before the courts on "majority" discretion than on probabilities beyond reasonability of doubt. This bothers on whether anyone else will ever be allowed to take a “contempt” (not an interpretation ambiguity) case straight to constitutional court in this land, except for Zondo. This might be besides the point on the current case, given the previous judgement; But, that previous judgement is riddled with contradictions that are going to haunt the CC for decades and centuries to come. As a stupid precedence was effected because of PERSONAL SCORES TO SETTLE AGAINST A PARTICULAR INDIVIDUAL BY THOSE WHO REGARD THEMSELVES AS THE GUARDIANS OF THE “SYSTEM”.
Ncukaitobi is deliberately dodging and steering clear from a direct response .He keeps referring to the Ccurts ruling, and he dithers and dives and neglects to answer a basic pointed questions as he knows very well the Ccourts ruling was malicious and neglected fundamental law prescripts
Good debate by both jurists but the decision of the Constitutional Court is binding. Unfortunately the Constitutional court was not supposed to entertain Justice Zondo's application for contempt as a court of first instance . They were supposed to approach the high court so as to give effect to the appeal procedure.
Apply the law equally to everyone it does not matter if is the majority judgement . How come the majority judgement is not tested to see if its within the law...this majority rule is not good when not tested against the law,even in the parliament its being misused we have seen this many times.
But when another judge and court has decided, and we refer to that judgement, we did our job and we are right, and we have a court judgement to back it up. So what are we going to do about that judgement? Act as if it is not there? Don't we refer to judgements in the South African law? If it was wrong, who is to blame? The advocate?
Judge Theron is not disputing a sentence was passed by the CC and that its binding. She is merely interrogating the fact given so the judgement was passed certain aspects of it was overlooked and will alway come back to bite the law and its interpreters. Rights engraved in the constitution were overlooked/violated and this needs to be corrected 😂 there is no escaping it
My biggest worry is that Zuma is 1 foot in the grave and out of expediency the CC Judges forgot their judgements are binding on future judgements where Zuma wont be present. The Zuma conviction elevated the CC Judges above the Constitution and their hate, pride and myopia is not allowing them to right their wrongs to cure future constitutional crises.
It is interesting that the court's imposition or this contempt of court only applies to Mr Zuma not Mr Koos Bekker when he refused to come to the commission. Sebasabani abelungu? Or they gave the judges something as well that they impose the same sanctions that are imposed on us blacks if that's the case then this law thing is unconstitutional
Koos Bekker was not summoned by the State capture Commission if he had then you will have a valid argument, Botha was found guilty by Magistrate Court & won on appeal at the High Court on on technical grounds.
Then the Constitutional Court shouldn't have passed a sentence in this regard, but should have instead referred their contempt ruling to the High Court (which has sentencing powers)to decide on the sentence for the contempt of the Constitutional Court.
Sometimes the questioning doesn't necessarily imply that the person didn't know. It may be to just see if the other party has the same understanding or not, or whether they are other underlying views.
If I was Ngcukaitobi I was going to be irritated by Judge Theron trying to re argue the same case where she and judge Madlanga had a minority judgement. Zuma was asked to do submissions to the Constitutional Court and he refused.
It is disheartening when one finds oneself in a position to educate a judge on her unclear application of the law. One would expect that judges fully comprehend jurisprudence. However, when they pose irrelevant questions without providing any context or explanation for their inquiries, it raises concerns about their understanding and application of legal principles.
Where does the concourt get the power of penal jurisdiction to impose an original sentence? That is the crux. It must not be so. Concourt may do nothing but interpret and refer back to lower court.
Adv Thembeka is fighting a loosing battle but his hopes are pinned in J Theron making a small error in enterpreting the constitutional laws which is highly unlikely though.
Zondo was quick to sentence Zuma but he didn't give him a chance to appeal,.,..why didn't they sentence those who refused to go give evidence in the T.R.C what has changed are there Zuma laws in this country.now i believe that Zuma is dieing for all blacks in this country trying to protect it against the puppet controlling the state.... God is on hour side rise Africa rise it's now or never.we love you baba uzama
The constitution provides the denial of appeal! Yet there is a right to direct access - in other words mr zuma could access the concourt directly! Zuma is appealing which has been denied. Which God is on your side? Maybe you should read the bible if you truely believe in the Lord God Almighty, it is repeatedly said God abhors sin which includes lies, deceit, corruption, etc. Why do u think God repeatedly turned away from israel since coming out of egypt, because of sin, idol worship and serving other gods, pagan gods
Robust debate here. However, I found the Advocate to be emotional, on more than one occasion leaning towards being disrespectful through the debate. His repeated raised tone of voice, dismissive responses, cutting CJ off whilst in the middle of her questions, evasion of giving a direct answer on two occasions has no place in a constitutional court of law. It might make for entertaining viewing but must be weighed in for future prospects. Justice Theron demonstrated composure as is expected by the calibre of a ConCourt Judge. She did her job so zero points to her but minus 1 point to the advocate.
There was no appeal to test the majority judgement. Judge Theron is correct to interrogate this advocate on the interpretations of the constitution and what the drafters meant.
The argument by Justice Theron is very compelling. But it's also futile since the CC has already ruled on the issue and it's decision is now law. So I get why Advocate Ngcukaitobi is frustrated. It's like arguing that the ANC shouldn't be in power because they are incompetent and corrupt. But if they've been voted into power by the general public it's pointless to make that argument since they were put into power legally through the election process.
It's not uncommon for individuals of African descent to resort to emotions and employ strawman arguments and fallacious attacks when their intellect falls short. This phenomenon persists regardless of the level of education attained by the individual. I find this observation rather intriguing and worthy of contemplation
Some judges are sober minded..... Justice Theron is doing a great job...... Whether a person is an alleged delinquent or not , his or her constitutional rights should be respected and protected. Everyone is equal before the law, there should be no Zuma law
The Constitution was never Set Up for the Government to control the Behaviour of the citizens of South Africa. The Constitution was solely set up Ultimately to control the Behaviour of the Government of South Africa...😮. What use is a government to unconscious to pass laws. So as to once again pass laws again without being conscious or aware of what they are doing or trying to achieve. 😢😮😢.
Whatever the case ,I just love listening to Advocate Ngcukaitobi.
Theron judge you are perfect
Its an excellent debate to both. Tough questions and probes from JT and so smart feedback from the Thembeka. The African boy is top shelf material
And so the Judgement quietens all the noise we hear around here
👏👏👏👏👏👏👏👏👏👏
Yes😅@@mokubung
Heading is misleading, there is no heated exchange here. It is just the fact-finding exercise to find the common ground of judicial departure.
"Let me finish my question please" . "My apologies"
The dude is spot on. The Constitution Court by granting direct access to Zuma was the author of the script that denied Zuma the right to appeal. As the Apex Court, they ipso facto brought finality to the matter.
It was a very robust deliberations by both Advocate Ngcukaitobi and Judge Theron.
No, Ng was rude; unprofessional
I like this argument too and I understand both of them unfortunately for justice Theron in the Zuma contept of court case she descended and that did not have an impact on the precedent and the constitutional court now is bound by that emotional judgment they gave and that is what adv gcukaitobi is holding them to and he is correct 😂😂😂
Judge T is standing up for every South African. The majority made a judgement greatly influenced by political expediency. The law cannot be static or arbitrary, certain issues or judgments must be rehashed at every opportunity. Judge T may not have the legal majority on her side but she has the moral high ground. She is able to see the danger in the previous judgement for future litigants. Her question on whether there is any other case Adv T and team can hang their case on is very telling of the atmosphere prevailing in the Zondo/ Zuma proceedings.
Loved her strength. The majority judgment will forever haunt the CC. History will judge us...
This debate was interesting...say what you like, Ngcukaitobi's is smart.
He’s brilliant⭐️.
He destroyed her
The case is not even about his IQ.
I thought I was alone on this one. The guy is good.
Very smart he knows court make mistake and they must leave with it
But much respect to both these great legal minds
Adv Thembeka Ngcukaitobi remains one of the best legal minds in the RSA. May you please continue to make us proud...👏👏👏
Justice Theron is a great Judge
What I am getting from Justice T a that the constitutional court should not have entertained Zondos application in the first place as they did not have penal rights. They simply shouldn’t have handed unappealable sentences.
Exactly, I was shocked when I heard that Zondo used the Concourt for a matter that needed to be dealt with in the magistrate court.
@@theonlynapeYes, the matter was addressed. This being the apex court with the authority of finality. She is undermining original constitutional jurisdiction of their court thus intending to undermine the body of jurisprudence which they are part of.
@@esilevinichronicles4269It is her own opinion of the law no one is undermine
@@theonlynape he should just maintain calmness and persistantly batress his point. If you've observed, judges don't behave like magistrates, except a few like Ratha.
@@ossborn100 She is not stating this in a law Journal, this is a court of law, she needs to continue her argument outside court, it will not serve any purpose now
Judge Theron, God bless u🎉
Thank u Justice Theron
The respect that they give to each other is on another level
I give my sister Justice Theron flowers and non-alcoholic red 🍷. Justice Theron my school Sisi Kampempe, Zondo and Umakoti WaseStellenbosch. Thembeka is a hired attorney for IEC but he has found his match in Justice Theron. I know for the fact that Adv Mpofu is trashing all the legal platform and assernal thrown to uBaba.
Those who drew up the constitution had to consider the applicable law at the time of compilation. As she said, no individual rights have been denied. Exactly what he is stating, zuma's rights have not been denied.
His right to appeal was denied😂😂
Ey kufundiwe la.
Thank you Judge Theron, God help you in your career.
She's so hopelessly wrong, it's not even funny.
She lost her argument twice before
Emotions are not the reason one loses a legal argument.
Where there are two conflicting provisions in the constitution, both provisions must be given full effect.
that provision is self defeating and begs for further interrogation. If one provision says to forfeit a right to appeal and one confirms the right appeal, they cant both be given full effect on the very basis of contradiction
This is awesome. Justice T wrote minority judgment previously. She cannot now sit and keep quiet. This is pure difference in opinion in the viewpoint and interpretation of the individual justice/s. . Adv T could have toned down without having to have been told by the DCJ. But this is gr8 stuff. 🤟
Thembeka is legendary, the judge is caught up in her beef from the last sitting.
Good argument between the two
Very balanced facts💯
Judge Theron , I like her way of probing answers
She might be the next chief justice after Maya❤
According to this advocate the judges of CC have a right to change the constitution. Every accused person has a right of appeal finish and klaar
Advocates are usually this frustrated when they know it’s not a win.
Advocate Ngcukaitobi disingenuous and he knows it. Denial of RIGHTS not unlawful ????. SHAME on Ngcukaitobi.
In a profound ruling that resonates deeply with the complex interplay between faith and law, a High Court judge was summoned at midnight to make a pivotal decision. A father, guided by his religious convictions, had asserted his right to refuse a life-saving blood transfusion for his dying daughter. The judge, weighing the principles of legal ethics against personal beliefs, overturned this religious assertion, thereby safeguarding the young girl's right to life. This case underscores the critical importance of allowing legal professionals to operate within their realm of expertise, free from the sway of personal emotions. Things armchair critics knows nothing about.
I like Adv Tembeka Ngcukaitobi but I don't agree with him on this one😂....he's wrong!
😅@@Tee-e4i
My very first time to listen to both great minds Ngcukaithobi and Mpofu, i painfully say that Ngcukaitobi isn't substituting enough his arguments. It seems his defense arguments are driven by emotions.
❤❤❤❤❤❤
Still made it to the ICJ to represent South Africa. He is the only Advocate to get Senior counsel (SC) after being an advocate for 8 years (Record breaker) Dali Mpofu, I think he is the one emotional check his cases
This was not necessary though, the Judge does not want to let it go,
She is spot on
Bravo adv Ngcukatoibi, student of law, no howling n threaning judges but sterm firm in principle of law, period, so ppl must not be irritable with facts of the law
Think again
Hcçcvcchcchçcvjviç chocoholics čhhçcvvhçcčuihfgfhioccihugigufgcccghhggu chic hc hi gghfuuiciihfhu C Bhv ouchhhhuhhhiohhuchhhuugcugc u hhuicchuhfh ihvcchucoufhfhihufuhhgghfugfhifhfuufiffghhhfhfhfh high chin ouuhuuccohvcchuhuhuochhucvhhuhuhhcuhcohchuhuhgufgfhvughfifhhf good yhuychh I bounce hugs ihufucuiuhhchucihhhgcgcuigicicg ugogo h h hug cucuucughghufufuhgguggfhuhhf h h hchuhuggfihgfug C C hhhufhfiviggvh iughfhuhhugiuuugghugghfuhuuhufofuhfuufuhuhhuhugiuh Uff fhgvughhhufhhghhhfhucg G hhhhuffufuhogh h ihvhfivhguufiffhuhfugfgfiufihgifg UFS uhoghigicug UFSuhhhfuuhugghuhuhhgfcuhi Higgs hi ouu hi chi vcuguufuhgohoufuvvcihichuh g h chçu c g cuicJayhawks G h icing ugh icuchugigicuhgihuhc gibi CBC C h chi
This man is so intelligent ✊🏾✊🏾
Brilliant advocate
He is intelligent, but who is " irritable with facts of the law" ?
Ngcukaitobi is fearless.
He isn't intimidated
But is empty in his arguments
Justices Theron knows her job
Too much 🙌🙌
But she's surrounded by the Hyenas, who protecting individual interests allegedly, i don't see her winning 🤔
Bekumnandi kule court because we already discussed that and it's binding
Adv. Ngcuka mastered English 🎉
Senza Kwenzeke 😂😂
Too much
Very true
You guys are so obsessed with English as if it puts food on your table. In this case how does mastering his English benefit him,cos am sure that even the most uneducated person in that room can speak a bad English but make a valid point of communication.
Africans are doing well
Ngcukayithobi is a grinding stone
He is way too smart. Justice Theron is continuing with her arguments from the initial case where she made the minority judgement.
I love you Justice T❤
The court will find that section 47 exclude Zuma sentence which was imposed without the option of appeal😮
Advocate T is in violation of his legal position.... It is a conflict of interest for him to be arguing this case!!!!
It i a big shame for some people to be the graduates of the law but not able to submit constructive points in Court
The Judge is asking a question her own court has already ruled on. I don't get whre she's driving at
Yes she's trying to show that a lower court/ electro court was right because they were wrong.
@@siphosakhemajola9136 plus she supported a minority judgement against the jailing
She's driving at exposing the JUSTICE FLAWED law provision's, applicable discretionary (through majority rule) instead of argument’s merits and demerits, something that leaves us with different rules for different people before our courts. Differing rules that premise our faith as citizens before the courts on "majority" discretion than on probabilities beyond reasonability of doubt. This bothers on whether anyone else will ever be allowed to take a “contempt” (not an interpretation ambiguity) case straight to constitutional court in this land, except for Zondo. This might be besides the point on the current case, given the previous judgement; But, that previous judgement is riddled with contradictions that are going to haunt the CC for decades and centuries to come. As a stupid precedence was effected because of PERSONAL SCORES TO SETTLE AGAINST A PARTICULAR INDIVIDUAL BY THOSE WHO REGARD THEMSELVES AS THE GUARDIANS OF THE “SYSTEM”.
Ncukaitobi is deliberately dodging and steering clear from a direct response .He keeps referring to the Ccurts ruling, and he dithers and dives and neglects to answer a basic pointed questions as he knows very well the Ccourts ruling was malicious and neglected fundamental law prescripts
I already see minority judgement through Justice Theron
The majority are not always necessarily correct, though their decision becomes the binding.
Judge Theron please replace Ratha van Witness in the Senzo Meyiwa trail
Why?
Good legal arguments by Adv Ngcukaitobi. I really got impressed when he reminds Justice Theron about her own court binding precedent.
Good debate by both jurists but the decision of the Constitutional Court is binding. Unfortunately the Constitutional court was not supposed to entertain Justice Zondo's application for contempt as a court of first instance . They were supposed to approach the high court so as to give effect to the appeal procedure.
I also have the same view and that commissions should be preside by Judges of High Court or SÇA so that the person can have opportunity to appeal.
Apply the law equally to everyone it does not matter if is the majority judgement .
How come the majority judgement is not tested to see if its within the law...this majority rule is not good when not tested against the law,even in the parliament its being misused we have seen this many times.
Some people are here to praise nonsense
Justice Theron should be the Deputy Chief Justice
But when another judge and court has decided, and we refer to that judgement, we did our job and we are right, and we have a court judgement to back it up.
So what are we going to do about that judgement? Act as if it is not there? Don't we refer to judgements in the South African law?
If it was wrong, who is to blame? The advocate?
👏🏾👏🏾👏🏾👏🏾👏🏾
Tembeka will loose this appeal, which is good for us as MK.You can not be forcing judges to make a decision that suit you.
Judge Theron is not disputing a sentence was passed by the CC and that its binding. She is merely interrogating the fact given so the judgement was passed certain aspects of it was overlooked and will alway come back to bite the law and its interpreters.
Rights engraved in the constitution were overlooked/violated and this needs to be corrected 😂 there is no escaping it
My biggest worry is that Zuma is 1 foot in the grave and out of expediency the CC Judges forgot their judgements are binding on future judgements where Zuma wont be present. The Zuma conviction elevated the CC Judges above the Constitution and their hate, pride and myopia is not allowing them to right their wrongs to cure future constitutional crises.
@@caughtontape5829 wonderfully said!
It is interesting that the court's imposition or this contempt of court only applies to Mr Zuma not Mr Koos Bekker when he refused to come to the commission. Sebasabani abelungu? Or they gave the judges something as well that they impose the same sanctions that are imposed on us blacks if that's the case then this law thing is unconstitutional
Even the late apartheid president P Botha he raised in public that he won't attend stupid commission.
Koos Bekker was not summoned by the State capture Commission if he had then you will have a valid argument, Botha was found guilty by Magistrate Court & won on appeal at the High Court on on technical grounds.
@@khaltsharivist365 Someone who clearly reads and doesn't listen to gossip ...
Black excellence. On both sides. ❤️
I feel so big... 😎😎😎
Not black excellence, just excellence unless you see people based on race as a start
@@markstemmett5296 you nailed it. Right at the bull's eye!
GOD and ancestors will assist on what they do to Him JGZ
Does he not understand what is going on?
Adv evades answer on alternative authority supporting his contention
Zuma laws are coming back to bite them 🎉🎉🎉. Ngcukaitobi is emotional 😅
Justice Theron, God is with u and may u be blessed beyond, I see God in you
Ngcukaitobi is arrogant and disrespectful even when he doesn't know the unswer, he would unswer what was not asked and arrogantly so.
🤣🤣🤣🤣🤞
Ngcukaitobi is the man... I'm not a law person by any chance .
I just fail to understand why or how difficult is it to understand .
Correct ,the Constitution trumps all other laws .
I felt like she disrespected the majority judgment in the Zuma case
She really did, to me seemingly is trying to correct the previous judgement made by the majority which she was not in agreement.
Great leadership DCJ
14:44 14:52 Concourt is our APEX court.To which forum in SA would the so called appeal would have been heard??
Then the Constitutional Court shouldn't have passed a sentence in this regard, but should have instead referred their contempt ruling to the High Court (which has sentencing powers)to decide on the sentence for the contempt of the Constitutional Court.
It seems like Ngcukaitobi and Mpofu are the top 2 lawyers in South Africa............... And they have been debating every case in the courts
They are the most politically connected.
The 2 we can not match Ngcukaithobi is top notch
There's nothing heated about this exchange. All I hear is a robust and respectful debate between two respected lawyers.
Justice is asking one question Wich she was supposed to knw 😂😂😂😂😂😂😂😂
Sometimes the questioning doesn't necessarily imply that the person didn't know. It may be to just see if the other party has the same understanding or not, or whether they are other underlying views.
@@tshepometsi6607U 💯% right
@tshepometsi6607 you're 100% right...😂😂😂😂😂
Mr zuma was treated unfair 😢
Reyno de Beer's video on his Liberty Fighters channel provides valuable background and insight into this important case.
Historical interpretation is equally important in deciding a case,Sir .See Salmond on interpretation .
Ngcukayithobi does n't want to answer difficult questions .He becomes emotional and answer from the heart not from the brain .
If I was Ngcukaitobi I was going to be irritated by Judge Theron trying to re argue the same case where she and judge Madlanga had a minority judgement. Zuma was asked to do submissions to the Constitutional Court and he refused.
My great advocate is becoming arrogant 🙄
Stupid avocado 🥑
It is disheartening when one finds oneself in a position to educate a judge on her unclear application of the law. One would expect that judges fully comprehend jurisprudence. However, when they pose irrelevant questions without providing any context or explanation for their inquiries, it raises concerns about their understanding and application of legal principles.
I never one day this lawyer will be in this mess .He struggle to answer simple question
Name 1 question he struggled to answer.
Where does the concourt get the power of penal jurisdiction to impose an original sentence? That is the crux. It must not be so. Concourt may do nothing but interpret and refer back to lower court.
This guy is arguing a losing battle
She must be dying g to hit him with the constitution book to wake him up - did he pass his degree with 30% too?
Adv Thembeka is fighting a loosing battle but his hopes are pinned in J Theron making a small error in enterpreting the constitutional laws which is highly unlikely though.
Zondo was quick to sentence Zuma but he didn't give him a chance to appeal,.,..why didn't they sentence those who refused to go give evidence in the T.R.C what has changed are there Zuma laws in this country.now i believe that Zuma is dieing for all blacks in this country trying to protect it against the puppet controlling the state.... God is on hour side rise Africa rise it's now or never.we love you baba uzama
To seperate cases, one was voluntary but zuma was being investigated as part of the corruption & fraud in which he was involved
The constitution provides the denial of appeal!
Yet there is a right to direct access - in other words mr zuma could access the concourt directly!
Zuma is appealing which has been denied.
Which God is on your side? Maybe you should read the bible if you truely believe in the Lord God Almighty, it is repeatedly said God abhors sin which includes lies, deceit, corruption, etc. Why do u think God repeatedly turned away from israel since coming out of egypt, because of sin, idol worship and serving other gods, pagan gods
Zondo did not sentence Zuma
@@petrusesterhuyzen2087 What da fuck! 'involved'?
God is not part of this circus, maybe y ou mean gods not God the creator of heaven and earth. He hate sin (fornicators, thieves, rapists, etc)
I like how she folded her hands after that killer point on 6:55
Justice Theron and Jaftha not captured
The Advocate is a BRILLIANT LEGAL MIND and this Judge is dodgy.
Robust debate here. However, I found the Advocate to be emotional, on more than one occasion leaning towards being disrespectful through the debate. His repeated raised tone of voice, dismissive responses, cutting CJ off whilst in the middle of her questions, evasion of giving a direct answer on two occasions has no place in a constitutional court of law. It might make for entertaining viewing but must be weighed in for future prospects. Justice Theron demonstrated composure as is expected by the calibre of a ConCourt Judge. She did her job so zero points to her but minus 1 point to the advocate.
Gcukaithobi got it, she's merely giving clarity.
The problem with this guy is that he hates Zuma
You guys and this nonsense of always assuming that Zuma is being hated by people who dissent to him is tiring.
You know nothing about the law that’s why
So Mpofu also hate IEC
He is hired to do a job and you will be shocked one day when Zuma hires him. He will give his all to represent his client then.
Only unlearned fools will think like that, if you are representing your client you work on instruction. It's a battle of brains.
What rubbish. Both good respectable submissions.
Judge Theron grills...🙆🏾♂️💯
There was no appeal to test the majority judgement. Judge Theron is correct to interrogate this advocate on the interpretations of the constitution and what the drafters meant.
The argument by Justice Theron is very compelling. But it's also futile since the CC has already ruled on the issue and it's decision is now law. So I get why Advocate Ngcukaitobi is frustrated. It's like arguing that the ANC shouldn't be in power because they are incompetent and corrupt. But if they've been voted into power by the general public it's pointless to make that argument since they were put into power legally through the election process.
Ngcukatoibi ate here, ate the Justice. Judgment of the Constitution is final and binding. You cant wingle it as you wish.
Interpretation much begin from the "legal prism of the constitution ".
Ngcukaytobi is arrogant ,as he already knows the outcome . He was humbled on previous courts,where grounds were leveled and equal.
True
He seems to be personal with the good smart lady
After the judgement
Wenzenists: the courts are with ramaphosa 🗣🗣🗣
He knows concourt is controlled by imperialists allegedly 😂
It's not uncommon for individuals of African descent to resort to emotions and employ strawman arguments and fallacious attacks when their intellect falls short. This phenomenon persists regardless of the level of education attained by the individual. I find this observation rather intriguing and worthy of contemplation
Adv T, seem trying to be found pleasing the delinquency of the law, the way she pose her questions, that's my view though
Some judges are sober minded..... Justice Theron is doing a great job...... Whether a person is an alleged delinquent or not , his or her constitutional rights should be respected and protected.
Everyone is equal before the law, there should be no Zuma law
Advocate Nqcukaitobi took Justice Theron back to law school and demonstrated her bias towards a single story line, her own version or ruling!
She's has no case, it does not make sense what she says...! What type of judge is that? 🤔
Two great legal minds
I concur
The Constitution was never Set Up for the Government to control the Behaviour of the citizens of South Africa. The Constitution was solely set up Ultimately to control the Behaviour of the Government of South Africa...😮. What use is a government to unconscious to pass laws. So as to once again pass laws again without being conscious or aware of what they are doing or trying to achieve. 😢😮😢.
Is this a small claims court ??Vetri EC Komani .🙏🇿🇦🇿🇦🙏
Sooo interesting, this captures a really historic debate in our constiutional democracy!