Whatever the case ,I just love listening to Advocate Ngcukaitobi.
@bonganithembinkosi14214 ай бұрын
Theron judge you are perfect
@sibongilegodana35124 ай бұрын
Heading is misleading, there is no heated exchange here. It is just the fact-finding exercise to find the common ground of judicial departure.
@galafanimasilela88634 ай бұрын
"Let me finish my question please" . "My apologies"
@jackjones14914 ай бұрын
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.
@mandlenkosishabalala88904 ай бұрын
It was a very robust deliberations by both Advocate Ngcukaitobi and Judge Theron.
@austerepotato31594 ай бұрын
No, Ng was rude; unprofessional
@gogomantabenionline21963 ай бұрын
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 😂😂😂
@mangalisokhonza6604 ай бұрын
But much respect to both these great legal minds
@gideonmthembu86934 ай бұрын
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
@mokubung4 ай бұрын
And so the Judgement quietens all the noise we hear around here
@BonganiGama-vw1gp4 ай бұрын
👏👏👏👏👏👏👏👏👏👏
@ndipiwegobodo62544 ай бұрын
Yes😅@@mokubung
@TheBonginkosi4 ай бұрын
Ey kufundiwe la.
@GM-yq7cw4 ай бұрын
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.
@vdlamini3803 ай бұрын
Loved her strength. The majority judgment will forever haunt the CC. History will judge us...
@bent.khobotlo41654 ай бұрын
This debate was interesting...say what you like, Ngcukaitobi's is smart.
@snayezulu72514 ай бұрын
He’s brilliant⭐️.
@beast90524 ай бұрын
He destroyed her
@Chillimane4 ай бұрын
The case is not even about his IQ.
@trustmub14 ай бұрын
I thought I was alone on this one. The guy is good.
@luyandamfuleni44374 ай бұрын
Very smart he knows court make mistake and they must leave with it
@jamesfosi70184 ай бұрын
Justice Theron is a great Judge
@pierrevanryneveldtutorcenter4 ай бұрын
Good argument between the two
@tshepangrakalemakou78844 ай бұрын
Very balanced facts💯
@ThiyoNgcobo4 ай бұрын
Thank u Justice Theron
@petrusesterhuyzen20874 ай бұрын
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.
@innocentngcobo60724 ай бұрын
His right to appeal was denied😂😂
@siphoshezi5024 ай бұрын
Ngcukayithobi is a grinding stone
@pilaninkomozepi29614 ай бұрын
He is way too smart. Justice Theron is continuing with her arguments from the initial case where she made the minority judgement.
@lindiwesibanyoni10294 ай бұрын
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.
@thuthukanicele44644 ай бұрын
This guy is arguing a losing battle
@fazludinsufeyan57484 ай бұрын
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. 🤟
@nandivanqa-mgijima6464 ай бұрын
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.
@ThenjiweRosemaryNsindane4 ай бұрын
❤❤❤❤❤❤
@paulkruger4333 ай бұрын
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
@afriminati_dj4 ай бұрын
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
@caughtontape58294 ай бұрын
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.
@afriminati_dj4 ай бұрын
@@caughtontape5829 wonderfully said!
@L_L3504 ай бұрын
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.
@mthokozisilanga44974 ай бұрын
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.
@esilevinichronicles42694 ай бұрын
@@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.
@ossborn1004 ай бұрын
@@esilevinichronicles4269It is her own opinion of the law no one is undermine
@tshepometsi66074 ай бұрын
@@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.
@esilevinichronicles42694 ай бұрын
@@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
@gilbertmadondo28474 ай бұрын
Thembeka is legendary, the judge is caught up in her beef from the last sitting.
@victorndlela82084 ай бұрын
Justices Theron knows her job
@SmisoMadanga4 ай бұрын
Too much 🙌🙌
@mxobhungane1434 ай бұрын
But she's surrounded by the Hyenas, who protecting individual interests allegedly, i don't see her winning 🤔
@sibongisenimkhulise31784 ай бұрын
Where there are two conflicting provisions in the constitution, both provisions must be given full effect.
@kwandiweyekela33464 ай бұрын
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
@zwanemduduzi83064 ай бұрын
Judge Theron , I like her way of probing answers
@gogomantabenionline21963 ай бұрын
She might be the next chief justice after Maya❤
@SenzaKwenzeke-ic5rs4 ай бұрын
Adv. Ngcuka mastered English 🎉
@innocentngcobo60724 ай бұрын
Senza Kwenzeke 😂😂
@pilaninkomozepi29614 ай бұрын
Too much
@tshepometsi66074 ай бұрын
Very true
@mayormsuthu14654 ай бұрын
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.
@gaobakwebakang29424 ай бұрын
Africans are doing well
@ayandmangena45254 ай бұрын
Judge Theron, God bless u🎉
@khathi924 ай бұрын
Zuma laws are coming back to bite them 🎉🎉🎉. Ngcukaitobi is emotional 😅
@ezaius20114 ай бұрын
Emotions are not the reason one loses a legal argument.
@BornwellMoyo-v8s4 ай бұрын
I love you Justice T❤
@bongumusamanqele1544 ай бұрын
Ngcukaitobi is arrogant and disrespectful even when he doesn't know the unswer, he would unswer what was not asked and arrogantly so.
@Moss4-k4l4 ай бұрын
🤣🤣🤣🤣🤞
@danielmostage76754 ай бұрын
I already see minority judgement through Justice Theron
@tshepometsi66074 ай бұрын
The majority are not always necessarily correct, though their decision becomes the binding.
@sandilemnyandu-v1h4 ай бұрын
Some people are here to praise nonsense
@CharlieMhlongo4 ай бұрын
This was not necessary though, the Judge does not want to let it go,
@Heavenly_Killua1million4 ай бұрын
She is spot on
@lindanimlena16624 ай бұрын
The respect that they give to each other is on another level
@GordonGordons4 ай бұрын
Judge Theron please replace Ratha van Witness in the Senzo Meyiwa trail
@Brian_Mshengu4 ай бұрын
Why?
@ezaius20114 ай бұрын
Ngcukaitobi is fearless.
@mlisto73674 ай бұрын
He isn't intimidated
@simbawendall4 ай бұрын
But is empty in his arguments
@zuzemoyo76964 ай бұрын
Advocate Ngcukaitobi disingenuous and he knows it. Denial of RIGHTS not unlawful ????. SHAME on Ngcukaitobi.
@Tee-e4i4 ай бұрын
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.
@innocentngcobo60724 ай бұрын
I like Adv Tembeka Ngcukaitobi but I don't agree with him on this one😂....he's wrong!
@IM_PUNTER4 ай бұрын
😅@@Tee-e4i
@sibusisonkosi34694 ай бұрын
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
@The_Truth7774 ай бұрын
Advocates are usually this frustrated when they know it’s not a win.
@BaneleMancoba4 ай бұрын
Mr zuma was treated unfair 😢
@GearheadGarageTvBuilditback4 ай бұрын
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
@mxobhungane1434 ай бұрын
Even the late apartheid president P Botha he raised in public that he won't attend stupid commission.
@khaltsharivist3654 ай бұрын
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.
@DickMathe4 ай бұрын
@@khaltsharivist365 Someone who clearly reads and doesn't listen to gossip ...
@Sibusisonkumane4 ай бұрын
Bekumnandi kule court because we already discussed that and it's binding
@CaptainGeneral114 ай бұрын
The Judge is asking a question her own court has already ruled on. I don't get whre she's driving at
@siphosakhemajola91364 ай бұрын
Yes she's trying to show that a lower court/ electro court was right because they were wrong.
@Clemiristo4 ай бұрын
@@siphosakhemajola9136 plus she supported a minority judgement against the jailing
@jabuxaba97774 ай бұрын
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”.
@kizitoncube24844 ай бұрын
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
@Roblox_wendy734 ай бұрын
The court will find that section 47 exclude Zuma sentence which was imposed without the option of appeal😮
@jabulaniradebe29954 ай бұрын
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
@petrusesterhuyzen20874 ай бұрын
To seperate cases, one was voluntary but zuma was being investigated as part of the corruption & fraud in which he was involved
@petrusesterhuyzen20874 ай бұрын
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
@pilaninkomozepi29614 ай бұрын
Zondo did not sentence Zuma
@mrmthethwa73474 ай бұрын
@@petrusesterhuyzen2087 What da fuck! 'involved'?
@ignatiouschikurahove72394 ай бұрын
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)
@webredline4264 ай бұрын
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.
@segopaneseroka31324 ай бұрын
14:44 14:52 Concourt is our APEX court.To which forum in SA would the so called appeal would have been heard??
@davidntimba29154 ай бұрын
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.
@petrusesterhuyzen20874 ай бұрын
Does he not understand what is going on?
@ThaboHlanze4 ай бұрын
Adv evades answer on alternative authority supporting his contention
@SummerEM4 ай бұрын
Thank you Judge Theron, God help you in your career.
@mvubu68234 ай бұрын
She's so hopelessly wrong, it's not even funny. She lost her argument twice before
@mduduzithabede19994 ай бұрын
I felt like she disrespected the majority judgment in the Zuma case
@mkhululikama81374 ай бұрын
She really did, to me seemingly is trying to correct the previous judgement made by the majority which she was not in agreement.
@Heavenly_Killua1million4 ай бұрын
Justice Theron and Jaftha not captured
@sbuzondizondi89794 ай бұрын
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.
@mkhululikama81374 ай бұрын
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.
@gudaninetshiunda8084Ай бұрын
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 .
@melz70384 ай бұрын
Advocate T is in violation of his legal position.... It is a conflict of interest for him to be arguing this case!!!!
@waltervetri24764 ай бұрын
Interpretation much begin from the "legal prism of the constitution ".
@abelmojalefamiya44154 ай бұрын
Adv Thembeka Ngcukaitobi remains one of the best legal minds in the RSA. May you please continue to make us proud...👏👏👏
@DaveJoubert-f3d4 ай бұрын
What rubbish. Both good respectable submissions.
@ignatiouschikurahove72394 ай бұрын
You're not an honest person at all and for sure you're not a lawyer. You're just a supporter who doesn't understand law.
@lindanimlena16624 ай бұрын
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.
@Forssman644 ай бұрын
She must be dying g to hit him with the constitution book to wake him up - did he pass his degree with 30% too?
@lindanimlena16624 ай бұрын
I like how she folded her hands after that killer point on 6:55
@MthandazoDhlamini4 ай бұрын
Justice Zondo had a bone to chew with Zuma hence he took the complaint to the Constitutional Court where he directed things behind the scenes. This is all Zondo and Ramaphosa creation, they created this cricis because of wanting to destroy Zuma. PW Botha refused to attend the TRC commission where he was accused of spilling blood. PW Botha issue was taken to the Magistrate Court, why did Zondo take this one to highest court in the land? Zondo is a devil full of hate, not fit to be a judge. And the 7 majority judges led by Sis Kampempe, these were bought by that billionaire. The billionaire never worked for this money, but was given protect the interests of his masters. He splashes the Rands around willy nilly
@phumlanishezi82744 ай бұрын
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.
@madzevushabalala66054 ай бұрын
GOD and ancestors will assist on what they do to Him JGZ
@thusenkanjeni93654 ай бұрын
Adv T, seem trying to be found pleasing the delinquency of the law, the way she pose her questions, that's my view though
@sandilethusi56044 ай бұрын
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
@molidsin57344 ай бұрын
The problem with this guy is that he hates Zuma
@SimphiweNgcece4 ай бұрын
You guys and this nonsense of always assuming that Zuma is being hated by people who dissent to him is tiring.
@kamogelomphaketsane97524 ай бұрын
You know nothing about the law that’s why
@phineasmakhani4 ай бұрын
So Mpofu also hate IEC
@Tayma11June4 ай бұрын
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.
@ignatiouschikurahove72394 ай бұрын
Only unlearned fools will think like that, if you are representing your client you work on instruction. It's a battle of brains.
@elvinnybonjovi104 ай бұрын
There's nothing heated about this exchange. All I hear is a robust and respectful debate between two respected lawyers.
@jack694574 ай бұрын
Gcukaithobi got it, she's merely giving clarity.
@BaneleMancoba4 ай бұрын
My great advocate is becoming arrogant 🙄
@lungam93744 ай бұрын
Stupid avocado 🥑
@maymgidi93724 ай бұрын
It i a big shame for some people to be the graduates of the law but not able to submit constructive points in Court
@nontuthuzelombo19234 ай бұрын
Ngcukayithobi does n't want to answer difficult questions .He becomes emotional and answer from the heart not from the brain .
@thusenkanjeni93654 ай бұрын
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
@Godswillmpofu4 ай бұрын
Think again
@ntokozotyapile26794 ай бұрын
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
@ntombifuthisenanela23084 ай бұрын
This man is so intelligent ✊🏾✊🏾
@pilaninkomozepi29614 ай бұрын
Brilliant advocate
@tshepometsi66074 ай бұрын
He is intelligent, but who is " irritable with facts of the law" ?
@vdlamini3803 ай бұрын
Mistakes were made the majority judgment
@lawrenceletlhatlhe85254 ай бұрын
Justice is asking one question Wich she was supposed to knw 😂😂😂😂😂😂😂😂
@tshepometsi66074 ай бұрын
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.
@mzdl27954 ай бұрын
@@tshepometsi6607U 💯% right
@innocentngcobo60724 ай бұрын
@tshepometsi6607 you're 100% right...😂😂😂😂😂
@siphociliza24364 ай бұрын
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.
@malefetsanemofokeng30934 ай бұрын
Great leadership DCJ
@ericmolefese8714 ай бұрын
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?
@siyabongakunene50524 ай бұрын
👏🏾👏🏾👏🏾👏🏾👏🏾
@rebeccankwane43104 ай бұрын
Ngcukaitobi is not backing down
@jaymuller60044 ай бұрын
It seems like Ngcukaitobi and Mpofu are the top 2 lawyers in South Africa............... And they have been debating every case in the courts
@SimphiweNgcece4 ай бұрын
They are the most politically connected.
@LulekaLoliwe4 ай бұрын
The 2 we can not match Ngcukaithobi is top notch
@m18m40Ай бұрын
This guy is a monster man
@siyabongasithole27724 ай бұрын
Ngcukaytobi is arrogant ,as he already knows the outcome . He was humbled on previous courts,where grounds were leveled and equal.
@L_L3504 ай бұрын
True
@Godswillmpofu4 ай бұрын
He seems to be personal with the good smart lady
@victormkhaliphi27784 ай бұрын
After the judgement Wenzenists: the courts are with ramaphosa 🗣🗣🗣
@mxobhungane1434 ай бұрын
He knows concourt is controlled by imperialists allegedly 😂
@Tee-e4i4 ай бұрын
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
@galafanimasilela88634 ай бұрын
The Zuma Law argued.
@solly12934 ай бұрын
What is she doing
@wilsonmetsing22434 ай бұрын
Justice Theron should be the Deputy Chief Justice
@MashamaiteThuso4 ай бұрын
The justice is at pains to reconcile the argument that was posited and favoured by majority decision in the Zuma vs state capture commission, and the one being advanced in the present case by the same arguer which is directly contradictory. But, it is indeed true from counsel that resuscitating the apparent errors of that case, on which this court is functus officio, in the present case, is an impropriety itself. The justice has not yet shaken off the fact that her judgement which she thought was well-reasoned and sound,did not win the majority, thus, she feels vindicated by hearing the submission of the IEC pursuing an outcome that her minority judgement espoused but which can only be effected through the auspices of the binding majority. I have always held that the Zuma judgement penned by khampempe was political and spiteful and legally unsustainable as a precedent.
@tshepometsi66074 ай бұрын
Finally, someone who understands the context behind. The Justice simply indirectly showing that sometimes the majority isn't necessarily correct, at the same time she didn't want to be shallow, she wanted to leave no stone unturned with her probing.
@SipheDlamini4 ай бұрын
Black excellence. On both sides. ❤️ I feel so big... 😎😎😎
@markstemmett52964 ай бұрын
Not black excellence, just excellence unless you see people based on race as a start
@obednkgodi124 ай бұрын
@@markstemmett5296 you nailed it. Right at the bull's eye!
@ramaemamaema52854 ай бұрын
Ngcukaitobi is failing to locate the penal source for the Concourt to send Zuma to prison without trial, amazing. This is what we call constitutional crisis. Legal books will be enriched by Zumas judgements
@tinashemutemi94054 ай бұрын
Two great legal minds
@zukozuko96904 ай бұрын
I concur
@ayaazahmed62644 ай бұрын
Zuma is a True Leader!! Long live freedom to be prisoner and then president. Jealousy amongst humans can lead to disunity. Kom nou julle is almal Africans, give Zuma his right.
@chiefer13254 ай бұрын
Judge Theron grills...🙆🏾♂️💯
@siyabongakunene50524 ай бұрын
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.
@desmondsharukai4 ай бұрын
Clickbait
@bongilemayaba23334 ай бұрын
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.
@mlisto73674 ай бұрын
Your headline is misleading, nothing heated in this engagement but 2 legal eagles robustly engaging in a healthy debate. If anything, please proof read before posting. The word judge is not spelt Jugde 🤣🤣🤣
@MrBlackdogz4 ай бұрын
Judge Theron doesn't get she was a minority in the previous judgement. She is trying to rehash something that was already decided on where she lost to the other judges. Ngcukaithobi is trying to clarify this.
@shoshelakingsleymaja4354 ай бұрын
That too is my understanding 😂
@ronaldadelacy68294 ай бұрын
There is no rehash. She's merely questions him on his own submissions. It's nonsensical to submit a submission and then try to argue it away. What remains fundamental is that there was no route for Zuma to appeal.
@siyabongakunene50524 ай бұрын
@@ronaldadelacy6829I understand your point. But I have a question or a few questions. What is it that you take exception to? The jurisdiction of the CC to hear the matter or its penal powers?
@greggclarke40804 ай бұрын
The Advocate is a BRILLIANT LEGAL MIND and this Judge is dodgy.
@zwelethumtshali55584 ай бұрын
This adv has been exposed... The court too, he has said even if the court doesn't apply the law so as long as its been a judgement... It should not be appealed and must be followed. Thembeka is so poor on his answering of questions, emotional, it's possible that he thinks he's superior for being questioned...
@innocentngcobo60724 ай бұрын
It was my first time noticing his weaknesses.
@galafanimasilela88634 ай бұрын
Ngqukaitobi is highly emotional. Had to be actually told to tone down by dcj😮