Constitution Law of South Africa and basic common sense.

 

Section 10 of the South African Constitution Act 108 of 1998, is the right to dignity which is an absolute law and under no circumstances and even during a state of emergency may this law be derogated which is to say, what should be perceivably obvious to any and every judge, that no judge may dangle an innocent man's dignity on a balance of probabilities when that man is a law abiding citizen.

It is not acceptable in a constitutional democracy for a judge to tell lies in his judgment about someone and then make a ruling to punish the man about whom he has lied.

It goes beyond the boundaries of legal restraints and rational thinking to punish a man for having been implicated in an alleged crime that has never existed in real life.

For a judge to punish an innocent law abiding citizen for an act which the citizen is suspected of having committed is defined by international law as an act of torture and according to Article 7(1)(f) of the Rome Statute is a crime against humanity.

The Torture Chamber of the National Director of Public Prosecution.

Case Number 5926/01 in the High Court of South Africa (Cape of Good Hope Provincial Division) was a torture chamber wherein Simon Prophet was being tortured and forced to confess to the alleged crimes of which he was being accused in the Cape Town Magistrate's Court Case Number 16/79/01.

Case Number 5926/01 in the High Court of South Africa (Cape of Good Hope Provincial Division) was a torture chamber wherein Simon Prophet was being tortured and forced to confess to the alleged crimes of which he was being accused in the Cape Town Magistrate's Court Case Number 16/236/03.

 

 

 

The Rome Statute.

The Law:

 
PART 2.
JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW
Article 5
Crimes within the jurisdiction of the Court
The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(b) Crimes against humanity;

 

The Rome Statute.

The Penalties on Conviction:

 
PART 7.
PENALTIES
Article 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.