SA Sucks Exclusive: The Canadian Asylum Judgement
September 9th, 2009Earlier today I received an email containing the original judgement as handed down in the asylum application case of Brandon Huntley. The 16 page judgement arrived as a PDF document that included the scanned, original documents of the controversial judgement.
I ran it through a PDF to text converter and finally through an OCR process. The exact, unaltered & verbatim text below is presented below. Click on the link below to download the original PDF document, or continue reading, the text version is lower down.
huntley-decision_small
The final judgement makes for very interesting reading. It is a shocking, shameful indictment and exposure of the hateful, racist monsters of the ANC regime destroying South Africa. This, dear reader, is how South Africa is viewed from overseas. Truth be told, it is actually rather mild, cautious and toned down.
Nevertheless, the typical ANC reaction was to wave the race card and launch yet another barrage of attacks on the integrity of white South Africans - in itself so astoundingly and shamelessly racist. Thandi Modise, deputy secretary-general of the ANC, told reporters that while crime exists in South Africa, racial attacks are rare in the country. “I think it might have been a little better for the Canadian government to see whether or not it is true that any South African gets attacked seven times,” Modise told Reuters.“I don’t know what went on here, but I have my doubts whether racism and racist attacks on a white individual in South Africa would be the case, because our experience is that it happens the other way round in our country,” Modise said.
Even more stunningly, a large number of white journalists and the rest of the usual denialist ANC-supporting suspects closed ranks and have denigrated Huntley as a dead-beat loser, fraudster and goose-stepping Neo-Nazi racist. At the forefront of this lynch mob are organisations like the Jewish Board of Deputies (who should know better, since they spend much time in their synagogues planning on how to keep predominantly Jewish neighbourhoods safe from marauding black scum, and whose own members had to endure the same hatred and oppression in the 1930’s Nazi Germany). They have the chutzpah to purposely diminish the White South African Holocaust, all while financing and sponsoring security, armed response and even emergency paramedic organisations (like Hatzolah), membership of which is open exclusively to members of their faith, and nobody else.
For White South Africans, every fucking night in SA is Kristallnacht. The Jews launched many guilt trips on why the Allies never intervened in the Holocaust, yet here some of them are today in SA, insisting that our own Marxist versions of the Gestapo, SS and ANC Einsatzgruppenis a fabrication of “reactionary racists who cling to the old days”. Thankfully it took Russell Kaplan, a more honest and forthright member of the Jewish tribe to show the world what’s really happening in SA.
Certain sections of the White community (most notably the pro-ANC liberal scum) deserve the same criticism - the Afrikaans newspapers did their level best to paint Huntley as a chancer and charlatan, while the English press has even gone as far as trotting out the Canadian troll who lives under a bridge and scares little children (Huntley’s abominably repulsive ex-wife sports the most hideous tattoos and meat hook scars all over her pasty, fat body).
Image: Melanie Crete-Huntley, ex wife of Brandon. Note the meat hook scars just under the third roll of fat under her blubbering chin
Right-thinking White South Africans all over the world have come out in their thousands to support Huntley. According to Russell Kaplan, Huntley’s Canadian attorney (and himself a White refugee from SA) his office has been deluged with letters, faxes and emails from White South African victims of the low level genocide.
South Africa’s political parties (with the notable exception of the ANC and other black racist extremists) especially the DA and Freedom Front +, who supposedly represent White interests have been deafening in their silence on this matter. Not even a whimper from Helen Zille, whose pale white arse was put in charge of the Cape Province thanks to the very constituency she now studiously ignores, and not even a peep from the two-faced, back-stabbing treasonous Mulders ever since Zuma co-opted them into joining his government.
It is left to a lone Civil Rights organisation - Afriforum - as well as the bloggers and members of SA’s White civic society to take up the cudgels for this cause, but boy, have we all responded! I wish to commend people like Action Canada and Doberman of the ILUVSA blogfor giving this issue the prominence it deserves, as well as to Adriana Stuijt of Censorbugbear who has been flying the flag of the White SA Genocide for so long. Also to the irrepressible Snowy Smith, who for years have been firing off emails and missives to Western governments and our numerous other friends all over the world.
Most of all, I’d like to tip my hat to Lara Braveheart who took it upon herself to dedicate a blog (Why We Are White Refugees) specifically to this cause. Lara then invited bloggers from all over the local blogosphere to put aside our differences and unite in making sure that all the world sees what brutal, murderous and genocidal attacks innocent SA Whites are subjected to every day of their miserable lives.
Dear reader, ask yourself this one simple question: What is it that a Canadian jurist can see, and thus deduce that a clear and present danger exists to White South Africans, that so many others cannot (or will not) see?
What is it that drives them - a combination of stubborn pig-headedness and White Liberal Guilt? Embarrassment that their fast unravelling multi-culturalist, non-racial Marxist pipe dream has proved to be a thoroughly discredited dystopian nightmare? Or a suicidal form of Stockholm syndrome from which they cannot escape? Verily, there are none so blind as those who do not wish to see.
In conclusion, I’d like to summarize the most salient points of the Huntley judgement:
PAGE 11
[81] The claimant must show there is a “good chance” or “serious possibility” he will he persecuted if he returns to South Africa. He must also establish that his fear of persecution is justified considering the objective evidence.
[82] To be considered persecution, the mistreatment suffered or anticipated must be serious, which the courts have equated the notion of a serious compromising of interest with a key denial of a core human right — i.e. the principle that human beings shall enjoy fundamental rights and freedoms without discrimination (2)
[83] A second criterion for persecution is that the inflicting of harm occurs with repetition or persistence or in a systematic way.
[84] In establishing whether a fear is subjectively well founded, the state’s ability or willingness to protect must be considered.
[85] Delay in making a claim to refugee status is not, in itself a decisive factor. However, it is something I must consider because it is relevant; because it is expected that absent a good reason, a person with a genuine fear of persecution whose intention it is to seek refuge in Canada will do so immediately upon arrival. It has been held that valid status in Canada could constitute a good reason for not claiming refugee status immediately.
[86] In the absence of any adverse credibility finding, the explanation that a claimant did not know that she or he could claim refugee status has successfully been used to refute findings that lengthy delays in claiming were clue to an absence of subjective fear. (3)
[87] In this particular claim, the claimant’s work permit gave him validity until its expiry. He subsequently made attempts to solidify or justify his stay in Canada by attempting to join the Armed Forces and by marrying a Canadian citizen.
[88] I find that his subjective fear of persecution remained constant and consistent up to and including the time he made his refugee claim.
2 Attorney General v. Ward [1993] 2 S.C.R. 689
3 Caballero Fausto Ramon Reyes v M.E.I (F.C.A): no A-266-91
RPD File I No. dossier SPR: MA8-04910
PAGE 12
[89] A given episode of mistreatment may constitute discrimination or harassment, yet not he serious enough to he regarded as persecution. A finding of discrimination rather than persecution is within my jurisdiction.
[90] Even so, acts of harassment, none amounting to persecution individually, may cumulatively constitute persecution(4) (see also paragraphs 53, 55, 67 and 2001 of the Handbook on Procedures and Criteria for Determining Refugee Status — United Nations High Commissioner for Refugees).
The Objective Evidence
[91] South Africa is a multi-party parliamentary democracy. Constitutional power is shared between the President Thabo Mbeki of the African National Congress (ANC) Party and the Parliament.
[92] There are reports of serious human rights problems, including police use of excessive three against suspects and detainees, which resulted in death and injuries; vigilante violence and mob justice; and violence resulting from social, racial and ethnic tensions.
[93] Killings and other violent crimes against farmers and their families continued in rural areas.
[94] The law requires employers with 50 or more employees to ensure that previously disadvantaged groups, legally defined as “Blacks” (including Africans), “Coloured” and “Asians” and collectively constituting more than 90 percent of the country’s population are represented adequately at all levels of the workplace. The claimant and the witness both described this policy as Affirmative Action and the Black Economic Empowerment (BEE).
[95] The continued killing of mostly white farm owners by black assailants created concern among white farmers that they were being targeted for racial and political reasons — National Documentation Package, South Africa - November 28, 2008 U.S. Department of State — Country Reports on Human Rights Practices March 11, 2008 February 25, 2009, Tab 2.1 (Exhibit A-3).
[96] In his submissions, Mr. Kaplan referred to a number of reports contained in his Index of Documents (Exhibit C-2 to C-29). I will refer to some of those reports.
4) Madelat, Firouzeh v. M.E.1; Mirzabeglui, Maryam v. M.E.I.: (F.C.A. nos. A-537-87 and A-538-89 January 28, 1991
RPD File / No. dossier SPR: MA8-04910
PAGE 13
[97] (a) Article 2009 — Time for the Truth (Exhibit C-3)
[98] This report indicates that the ANC policy of Affirmative Action has stripped the country of 75 percent of its skilled population and is responsible for the deprivation of the constitutional and social rights of the white population.
[99] (b) Race-Fuelled Myopia Driving Skills out of South Africa
[100] Reports emanating from the Institute of Race Relations (IRR) indicated that about a fifth of white South Africans had immigrated over the past 10 years with the main reasons given by immigrants were crime and affirmative action, so said Democratic Alliance leader Tony Lean in Cape Town. He accuses the ANC government of being indifferent to the lot of minorities, especially whites, and has expressed hostility to their interest.
[101] (c) South Africa — the Next Zimbabwe — February 3, 2009 (Tab 6)
[102] This is an article written by Rev. Fleni Mzukisi of the Presbyterian Church of Africa. These are some of his comments: 14 years after the end of apartheid. the Mandela “rainbow” revolution has become a gloomy cloud. Forty (40) percent of South Africans live below the poverty line. Unemployment rate is between 23 percent to 40 percent.
[103] Violence runs unchecked throughout much of the country. It is estimated that a woman is raped in South Africa once every 26 seconds and less than 1 percent of rape led to a conviction. Murders run free too. About 19,000 were murdered in 2006 — more than 50 per day.
[104] (d) Attacks have shown most of ANC to be racist, dated 31.05.08 — Cape Town (Exhibit C-I 1).
[105] The report states that it is time for the ANC to face up to the fact that most of them are racist and marginalized non-supporters and that it is the policy of the ANC and its endemic corruption that has brought South Africa to the brink of civil war.
[106] The policies of Affirmative Action and BEE have destroyed many businesses and jobs, leading to an exodus of skills and expertise.
RPD File / No. dossier SPR: MA8-0491O
PAGE 14
[107] (e) Loss of Freedom - Sunday Times, dated 21 .10.07 (Exhibit C-2 1)
[108] The report refers to police corruption and the chance if you report such corruption to another police officer, of ever seeing daylight again.
[109] (f) Hijacking Awareness Guide — August 2, 2006, dated 02-08-06
[110] Hijacking of vehicles in South Africa is so prevalent that this article (7 pages) gives instructions how to avoid them and how to recognize what is a suspicious vehicle or person.
[111] (g) South Africa: Burning the Welcome Mat (IRIN April 30, 2009— Exhibit A-3)
[112] The report refers to the wave of attacks targeting foreigners near Johannesburg and of people set alight by angry mobs who roamed townships looking for foreigners and looting their shops and homes.
[113] (h) Quite South African — April 30th, 2009 (Exhibit A—3)
[114] This report indicates that white South Africans is a term which refers to people from South Africa who are of Caucasian descent. In linguistic, cultural and historical terms, they are generally divided into the Afrikaans-speaking descendants of Dutch settlers and the English-speaking Anglo-Africans who share an Anglophone background.
[115] The new phenomena of white poverty is often blamed on the government’s Affirmative Action legislation, which reserves 80 percent of new jobs for blacks and favours black-owned companies (i.e. BEE).
[116] There are 40,000 white farmers in South Africa. Since 1994, close to 2,000 farmers have been murdered in tens of thousand farm attacks in South Africa, many brutally tortured and slashed or raped. Some victims have been burned with smoothing irons or had boiling water poured down their throats. This type of torture is consistent with the torture received by the witness’ brother Robert.
[117] The gruesome and horrendous death of some of these victims is vividly depicted in photographs forming part of the evidence (Exhibit C-27).
[118] However, white South Africans in predominantly wealthy white suburbs have been affected by the 2008 13.5 percent rise in house robberies and associated crime.
RPD File / No. dossier SPR: MA8-04910
PAGE 15
[119] The evidence before me. which I find to be credible, is that:
[120] (a) The claimant was attacked personally by African South Africans on at least six or seven occasions because of his white skin (LL125-128 of his PIF):
[121] (b) He has scars on various parts of his body, stomach, right eye, right side of his body and hands;
[122] (c) Multiple attacks. The witness, Laura Kaplan, was attacked and threatened with guns by African South Africans on two separate occasions because of the colour of her skin and perceived wealth;
[123] (d) Laura’s brother Robert who was tortured and shot by African South Africans and miraculously lived, now has major physical and psychological problems;
[124] (e) Laura’s brother Robert and her father survived only because of their wealth, being able to install electronic and guard protection for themselves both inside and outside their homes.
[125] The evidence of the claimant and the witness and the documentary evidence which I accept as credible show a picture of indifference and inability or unwillingness of the government, and the security forces to protect White South Africans from persecution by African South Africans.
[126] I find that the claimant has presented “clear and convincing” proof of the state’s inability or unwillingness to protect him.
[127] I find that the claimant was a victim because of his race (white South African) rather than a victim of criminality and that he has established a link between his fear of persecution and one of the five grounds in the Convention definition.
[128] I find that there is no viable IFA for the claimant in any part of South Africa. According to the most recent statistics, African South Africans make up about 80 percent of the population: white Europeans approximately 9 percent and the remainder are other coloured and Asians — the Europa World Yearbook 2008 (Exhibit A-I, Tab 1.2).
[129] 1 find that the claimant would stand out like a “sore thumb” clue to his colour in any part of the country.
RPD File / No. dossier SPR: MA8-04910 16
PAGE 16
[130] 1 find that the claimant’s fear of persecution by African South Africans is justified considering the objective evidence referred to.
DETERMINATION
[131] Each case, such as this, must he assessed on its own particular facts and circumstances. In this particular case, having considered all of the evidence including that of the witness. Laura Kaplan. and the submissions of counsel for the claimant, I determine that the claimant has satisfied his burden of establishing a serious possibility of persecution on a Convention ground (race).
[132] For these reasons, I find that the claimant is a “Convention refugee” under section 96 of IRPA. [133] Therefore, the claim of Brandon Carl Huntley is accepted.
Signed
William Davis
William Davis
August 27th 2009
Date
——————————–
Footnotes:
Handbook on Procedures and Criteria for Determining Refugee Status, issued by the Office of The United Nations High Commissioner for Refugees (see paragraphs 53, 54 and 55)
UNHCR: Handbook on the Procedures and Criteria for Determining Refugee Status: http://www.unhcr.org/publ/PUBL/3d58e13b4.pdf
To conclude, legal counsel for Brandon Huntley, Mr Russell Kaplan issued a media release this week:
FOR IMMEDIATE RELEASE – September 7, 2009
1) There are “Brandon Huntley” stories from all over the world coming in every single day. They are all consistent in one thing: Mr. Huntley’s story is real. The support is unbelievable. Personal stories of fear, by white South Africans, based on the colour of their skin, and of atrocities suffered by them and their family members and friends, because they are white, keep streaming in. Many have left South Africa already. Others still remain in South Africa.
2) As far as the so-called experts are concerned, who have confidently stated in the past 10 days, that no racial motivation is involved in Mr. Huntley’s incidents and other incidents, we can only respond with the following: in a country which for decades was mired in apartheid, resulting in thousands if not millions of marginalized and disenfranchised African South Africans, to think that there is not even a little retribution sought or “payback” by some of those who suffered under the years of apartheid, in the violence on white South Africans, is naivety to the highest degree. This is not to say that we do not acknowledge that there are many incidents that occur without any racial motivation. However, Mr. Huntley’s case provided an evidentiary foundation (through testimony determined credible by Mr. Davis and documentary evidence)to prove otherwise, in his particular circumstances.
3) Finally, Mr. Huntley’s case was not based on only the incidents. It was based on the discriminatory policies of BEE and affirmative action, as well as the general atmosphere of insecurity in South Africa for many white South Africans, and for Mr. Huntley. He relied on these separate aspects to argue that “cumulatively” he had a well founded fear of persecution. These arguments are supported by paragraphs 53, 54 and 55 in the Handbook on Procedures and Criteria for Determining Refugee Status, issued by the Office of The United Nations High Commissioner for Refugees. As far as the “appeal” is concerned, our office believes that the facts and the law are on the side of Mr. Huntley.
Russell Kaplan
Counsel for Mr. Huntley
I ran it through a PDF to text converter and finally through an OCR process. The exact, unaltered & verbatim text below is presented below. Click on the link below to download the original PDF document, or continue reading, the text version is lower down.
huntley-decision_small
The final judgement makes for very interesting reading. It is a shocking, shameful indictment and exposure of the hateful, racist monsters of the ANC regime destroying South Africa. This, dear reader, is how South Africa is viewed from overseas. Truth be told, it is actually rather mild, cautious and toned down.
Nevertheless, the typical ANC reaction was to wave the race card and launch yet another barrage of attacks on the integrity of white South Africans - in itself so astoundingly and shamelessly racist. Thandi Modise, deputy secretary-general of the ANC, told reporters that while crime exists in South Africa, racial attacks are rare in the country. “I think it might have been a little better for the Canadian government to see whether or not it is true that any South African gets attacked seven times,” Modise told Reuters.“I don’t know what went on here, but I have my doubts whether racism and racist attacks on a white individual in South Africa would be the case, because our experience is that it happens the other way round in our country,” Modise said.
Even more stunningly, a large number of white journalists and the rest of the usual denialist ANC-supporting suspects closed ranks and have denigrated Huntley as a dead-beat loser, fraudster and goose-stepping Neo-Nazi racist. At the forefront of this lynch mob are organisations like the Jewish Board of Deputies (who should know better, since they spend much time in their synagogues planning on how to keep predominantly Jewish neighbourhoods safe from marauding black scum, and whose own members had to endure the same hatred and oppression in the 1930’s Nazi Germany). They have the chutzpah to purposely diminish the White South African Holocaust, all while financing and sponsoring security, armed response and even emergency paramedic organisations (like Hatzolah), membership of which is open exclusively to members of their faith, and nobody else.
For White South Africans, every fucking night in SA is Kristallnacht. The Jews launched many guilt trips on why the Allies never intervened in the Holocaust, yet here some of them are today in SA, insisting that our own Marxist versions of the Gestapo, SS and ANC Einsatzgruppenis a fabrication of “reactionary racists who cling to the old days”. Thankfully it took Russell Kaplan, a more honest and forthright member of the Jewish tribe to show the world what’s really happening in SA.
Certain sections of the White community (most notably the pro-ANC liberal scum) deserve the same criticism - the Afrikaans newspapers did their level best to paint Huntley as a chancer and charlatan, while the English press has even gone as far as trotting out the Canadian troll who lives under a bridge and scares little children (Huntley’s abominably repulsive ex-wife sports the most hideous tattoos and meat hook scars all over her pasty, fat body).
Image: Melanie Crete-Huntley, ex wife of Brandon. Note the meat hook scars just under the third roll of fat under her blubbering chin
Right-thinking White South Africans all over the world have come out in their thousands to support Huntley. According to Russell Kaplan, Huntley’s Canadian attorney (and himself a White refugee from SA) his office has been deluged with letters, faxes and emails from White South African victims of the low level genocide.
South Africa’s political parties (with the notable exception of the ANC and other black racist extremists) especially the DA and Freedom Front +, who supposedly represent White interests have been deafening in their silence on this matter. Not even a whimper from Helen Zille, whose pale white arse was put in charge of the Cape Province thanks to the very constituency she now studiously ignores, and not even a peep from the two-faced, back-stabbing treasonous Mulders ever since Zuma co-opted them into joining his government.
It is left to a lone Civil Rights organisation - Afriforum - as well as the bloggers and members of SA’s White civic society to take up the cudgels for this cause, but boy, have we all responded! I wish to commend people like Action Canada and Doberman of the ILUVSA blogfor giving this issue the prominence it deserves, as well as to Adriana Stuijt of Censorbugbear who has been flying the flag of the White SA Genocide for so long. Also to the irrepressible Snowy Smith, who for years have been firing off emails and missives to Western governments and our numerous other friends all over the world.
Most of all, I’d like to tip my hat to Lara Braveheart who took it upon herself to dedicate a blog (Why We Are White Refugees) specifically to this cause. Lara then invited bloggers from all over the local blogosphere to put aside our differences and unite in making sure that all the world sees what brutal, murderous and genocidal attacks innocent SA Whites are subjected to every day of their miserable lives.
Dear reader, ask yourself this one simple question: What is it that a Canadian jurist can see, and thus deduce that a clear and present danger exists to White South Africans, that so many others cannot (or will not) see?
What is it that drives them - a combination of stubborn pig-headedness and White Liberal Guilt? Embarrassment that their fast unravelling multi-culturalist, non-racial Marxist pipe dream has proved to be a thoroughly discredited dystopian nightmare? Or a suicidal form of Stockholm syndrome from which they cannot escape? Verily, there are none so blind as those who do not wish to see.
In conclusion, I’d like to summarize the most salient points of the Huntley judgement:
The Canadian judge made these findings:
- Huntley will be persecuted and victimised on the basis of his race, if he was to be returned to SA;
- Huntley was clearly attacked and persecuted previously in SA, simply because he is White;
- South Africa has serious human rights problems, including police brutality resulting in death and / or serious injury, and violence resulting from social, racial and ethnic tensions;
- White farmers in particular are being targeted for a campaign of genocide;
- Affirmative action, black job reservation and BEE (Black Economic Empowerment) all serve as legalised disenfranchisement & marginalisation of Whites
- Affirmative Action has stripped SA of 75% of its skilled population;
- Massive emigration of Whites due to racially discriminatory laws and racist hate crimes;
- Rampant unemployment due to the policies of the ANC regime, who are either indifferent to White suffering and even express open hostility to the interest of Whites & other ethnic minorities;
- Violent crimes such as rape and murder run unchecked and the vast majority of perpetrators are never brought to book;
- The ANC’s racist policies and their endemic corruption has brought SA to the brink of civil war;
- That the vast majority of ANC members are most certainly black racists;
- The government and its police & security Forces are both unwilling and unable to protect White South Africans;
- And that Brandon Huntly had presented objective, clear and convincing proof that Whites are victimised due to their race.
JUDGEMENT HANDED DOWN IN RESPECT OF ASYLUM APPLICATION: B HUNTLEY
RPD File / No. dossier SPR: MA8-04910PAGE 11
[81] The claimant must show there is a “good chance” or “serious possibility” he will he persecuted if he returns to South Africa. He must also establish that his fear of persecution is justified considering the objective evidence.
[82] To be considered persecution, the mistreatment suffered or anticipated must be serious, which the courts have equated the notion of a serious compromising of interest with a key denial of a core human right — i.e. the principle that human beings shall enjoy fundamental rights and freedoms without discrimination (2)
[83] A second criterion for persecution is that the inflicting of harm occurs with repetition or persistence or in a systematic way.
[84] In establishing whether a fear is subjectively well founded, the state’s ability or willingness to protect must be considered.
[85] Delay in making a claim to refugee status is not, in itself a decisive factor. However, it is something I must consider because it is relevant; because it is expected that absent a good reason, a person with a genuine fear of persecution whose intention it is to seek refuge in Canada will do so immediately upon arrival. It has been held that valid status in Canada could constitute a good reason for not claiming refugee status immediately.
[86] In the absence of any adverse credibility finding, the explanation that a claimant did not know that she or he could claim refugee status has successfully been used to refute findings that lengthy delays in claiming were clue to an absence of subjective fear. (3)
[87] In this particular claim, the claimant’s work permit gave him validity until its expiry. He subsequently made attempts to solidify or justify his stay in Canada by attempting to join the Armed Forces and by marrying a Canadian citizen.
[88] I find that his subjective fear of persecution remained constant and consistent up to and including the time he made his refugee claim.
2 Attorney General v. Ward [1993] 2 S.C.R. 689
3 Caballero Fausto Ramon Reyes v M.E.I (F.C.A): no A-266-91
RPD File I No. dossier SPR: MA8-04910
PAGE 12
[89] A given episode of mistreatment may constitute discrimination or harassment, yet not he serious enough to he regarded as persecution. A finding of discrimination rather than persecution is within my jurisdiction.
[90] Even so, acts of harassment, none amounting to persecution individually, may cumulatively constitute persecution(4) (see also paragraphs 53, 55, 67 and 2001 of the Handbook on Procedures and Criteria for Determining Refugee Status — United Nations High Commissioner for Refugees).
The Objective Evidence
[91] South Africa is a multi-party parliamentary democracy. Constitutional power is shared between the President Thabo Mbeki of the African National Congress (ANC) Party and the Parliament.
[92] There are reports of serious human rights problems, including police use of excessive three against suspects and detainees, which resulted in death and injuries; vigilante violence and mob justice; and violence resulting from social, racial and ethnic tensions.
[93] Killings and other violent crimes against farmers and their families continued in rural areas.
[94] The law requires employers with 50 or more employees to ensure that previously disadvantaged groups, legally defined as “Blacks” (including Africans), “Coloured” and “Asians” and collectively constituting more than 90 percent of the country’s population are represented adequately at all levels of the workplace. The claimant and the witness both described this policy as Affirmative Action and the Black Economic Empowerment (BEE).
[95] The continued killing of mostly white farm owners by black assailants created concern among white farmers that they were being targeted for racial and political reasons — National Documentation Package, South Africa - November 28, 2008 U.S. Department of State — Country Reports on Human Rights Practices March 11, 2008 February 25, 2009, Tab 2.1 (Exhibit A-3).
[96] In his submissions, Mr. Kaplan referred to a number of reports contained in his Index of Documents (Exhibit C-2 to C-29). I will refer to some of those reports.
4) Madelat, Firouzeh v. M.E.1; Mirzabeglui, Maryam v. M.E.I.: (F.C.A. nos. A-537-87 and A-538-89 January 28, 1991
RPD File / No. dossier SPR: MA8-04910
PAGE 13
[97] (a) Article 2009 — Time for the Truth (Exhibit C-3)
[98] This report indicates that the ANC policy of Affirmative Action has stripped the country of 75 percent of its skilled population and is responsible for the deprivation of the constitutional and social rights of the white population.
[99] (b) Race-Fuelled Myopia Driving Skills out of South Africa
[100] Reports emanating from the Institute of Race Relations (IRR) indicated that about a fifth of white South Africans had immigrated over the past 10 years with the main reasons given by immigrants were crime and affirmative action, so said Democratic Alliance leader Tony Lean in Cape Town. He accuses the ANC government of being indifferent to the lot of minorities, especially whites, and has expressed hostility to their interest.
[101] (c) South Africa — the Next Zimbabwe — February 3, 2009 (Tab 6)
[102] This is an article written by Rev. Fleni Mzukisi of the Presbyterian Church of Africa. These are some of his comments: 14 years after the end of apartheid. the Mandela “rainbow” revolution has become a gloomy cloud. Forty (40) percent of South Africans live below the poverty line. Unemployment rate is between 23 percent to 40 percent.
[103] Violence runs unchecked throughout much of the country. It is estimated that a woman is raped in South Africa once every 26 seconds and less than 1 percent of rape led to a conviction. Murders run free too. About 19,000 were murdered in 2006 — more than 50 per day.
[104] (d) Attacks have shown most of ANC to be racist, dated 31.05.08 — Cape Town (Exhibit C-I 1).
[105] The report states that it is time for the ANC to face up to the fact that most of them are racist and marginalized non-supporters and that it is the policy of the ANC and its endemic corruption that has brought South Africa to the brink of civil war.
[106] The policies of Affirmative Action and BEE have destroyed many businesses and jobs, leading to an exodus of skills and expertise.
RPD File / No. dossier SPR: MA8-0491O
PAGE 14
[107] (e) Loss of Freedom - Sunday Times, dated 21 .10.07 (Exhibit C-2 1)
[108] The report refers to police corruption and the chance if you report such corruption to another police officer, of ever seeing daylight again.
[109] (f) Hijacking Awareness Guide — August 2, 2006, dated 02-08-06
[110] Hijacking of vehicles in South Africa is so prevalent that this article (7 pages) gives instructions how to avoid them and how to recognize what is a suspicious vehicle or person.
[111] (g) South Africa: Burning the Welcome Mat (IRIN April 30, 2009— Exhibit A-3)
[112] The report refers to the wave of attacks targeting foreigners near Johannesburg and of people set alight by angry mobs who roamed townships looking for foreigners and looting their shops and homes.
[113] (h) Quite South African — April 30th, 2009 (Exhibit A—3)
[114] This report indicates that white South Africans is a term which refers to people from South Africa who are of Caucasian descent. In linguistic, cultural and historical terms, they are generally divided into the Afrikaans-speaking descendants of Dutch settlers and the English-speaking Anglo-Africans who share an Anglophone background.
[115] The new phenomena of white poverty is often blamed on the government’s Affirmative Action legislation, which reserves 80 percent of new jobs for blacks and favours black-owned companies (i.e. BEE).
[116] There are 40,000 white farmers in South Africa. Since 1994, close to 2,000 farmers have been murdered in tens of thousand farm attacks in South Africa, many brutally tortured and slashed or raped. Some victims have been burned with smoothing irons or had boiling water poured down their throats. This type of torture is consistent with the torture received by the witness’ brother Robert.
[117] The gruesome and horrendous death of some of these victims is vividly depicted in photographs forming part of the evidence (Exhibit C-27).
[118] However, white South Africans in predominantly wealthy white suburbs have been affected by the 2008 13.5 percent rise in house robberies and associated crime.
RPD File / No. dossier SPR: MA8-04910
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[119] The evidence before me. which I find to be credible, is that:
[120] (a) The claimant was attacked personally by African South Africans on at least six or seven occasions because of his white skin (LL125-128 of his PIF):
[121] (b) He has scars on various parts of his body, stomach, right eye, right side of his body and hands;
[122] (c) Multiple attacks. The witness, Laura Kaplan, was attacked and threatened with guns by African South Africans on two separate occasions because of the colour of her skin and perceived wealth;
[123] (d) Laura’s brother Robert who was tortured and shot by African South Africans and miraculously lived, now has major physical and psychological problems;
[124] (e) Laura’s brother Robert and her father survived only because of their wealth, being able to install electronic and guard protection for themselves both inside and outside their homes.
[125] The evidence of the claimant and the witness and the documentary evidence which I accept as credible show a picture of indifference and inability or unwillingness of the government, and the security forces to protect White South Africans from persecution by African South Africans.
[126] I find that the claimant has presented “clear and convincing” proof of the state’s inability or unwillingness to protect him.
[127] I find that the claimant was a victim because of his race (white South African) rather than a victim of criminality and that he has established a link between his fear of persecution and one of the five grounds in the Convention definition.
[128] I find that there is no viable IFA for the claimant in any part of South Africa. According to the most recent statistics, African South Africans make up about 80 percent of the population: white Europeans approximately 9 percent and the remainder are other coloured and Asians — the Europa World Yearbook 2008 (Exhibit A-I, Tab 1.2).
[129] 1 find that the claimant would stand out like a “sore thumb” clue to his colour in any part of the country.
RPD File / No. dossier SPR: MA8-04910 16
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[130] 1 find that the claimant’s fear of persecution by African South Africans is justified considering the objective evidence referred to.
DETERMINATION
[131] Each case, such as this, must he assessed on its own particular facts and circumstances. In this particular case, having considered all of the evidence including that of the witness. Laura Kaplan. and the submissions of counsel for the claimant, I determine that the claimant has satisfied his burden of establishing a serious possibility of persecution on a Convention ground (race).
[132] For these reasons, I find that the claimant is a “Convention refugee” under section 96 of IRPA. [133] Therefore, the claim of Brandon Carl Huntley is accepted.
Signed
William Davis
William Davis
August 27th 2009
Date
——————————–
Footnotes:
Handbook on Procedures and Criteria for Determining Refugee Status, issued by the Office of The United Nations High Commissioner for Refugees (see paragraphs 53, 54 and 55)
UNHCR: Handbook on the Procedures and Criteria for Determining Refugee Status: http://www.unhcr.org/publ/PUBL/3d58e13b4.pdf
To conclude, legal counsel for Brandon Huntley, Mr Russell Kaplan issued a media release this week:
FOR IMMEDIATE RELEASE – September 7, 2009
1) There are “Brandon Huntley” stories from all over the world coming in every single day. They are all consistent in one thing: Mr. Huntley’s story is real. The support is unbelievable. Personal stories of fear, by white South Africans, based on the colour of their skin, and of atrocities suffered by them and their family members and friends, because they are white, keep streaming in. Many have left South Africa already. Others still remain in South Africa.
2) As far as the so-called experts are concerned, who have confidently stated in the past 10 days, that no racial motivation is involved in Mr. Huntley’s incidents and other incidents, we can only respond with the following: in a country which for decades was mired in apartheid, resulting in thousands if not millions of marginalized and disenfranchised African South Africans, to think that there is not even a little retribution sought or “payback” by some of those who suffered under the years of apartheid, in the violence on white South Africans, is naivety to the highest degree. This is not to say that we do not acknowledge that there are many incidents that occur without any racial motivation. However, Mr. Huntley’s case provided an evidentiary foundation (through testimony determined credible by Mr. Davis and documentary evidence)to prove otherwise, in his particular circumstances.
3) Finally, Mr. Huntley’s case was not based on only the incidents. It was based on the discriminatory policies of BEE and affirmative action, as well as the general atmosphere of insecurity in South Africa for many white South Africans, and for Mr. Huntley. He relied on these separate aspects to argue that “cumulatively” he had a well founded fear of persecution. These arguments are supported by paragraphs 53, 54 and 55 in the Handbook on Procedures and Criteria for Determining Refugee Status, issued by the Office of The United Nations High Commissioner for Refugees. As far as the “appeal” is concerned, our office believes that the facts and the law are on the side of Mr. Huntley.
Russell Kaplan
Counsel for Mr. Huntley
simple way of doing things - use an arab spring tactic - if theres acell phone that can take pictures - then simply send you tube thouseand s of feeds of streaming prof of the genocide going on downthere and also post as many credible stories of genocide as you can online and on facebook and post as many verifyable - boer relif organisations as you can so people can send financail help - no body knows jack squat about the real story in south africa - find out why the news black out ? find out who is behind it ? and why - eversince aparhied enbded and america seem medndela take office everyone thinks all is well we only see remnats of anything here and there about the genocide -only on our freinds sites once in a while and most of those guys are racists just useing your genocide to recruit other racists near them -so get the word out people -no one knows sh!t in amercia about your nation ?- so get the facts out :{
ReplyDeleteLuck is on our side as there are thousands of these pics already available on the net and being posted regularly on blogs and other social media, check this space as I will soon be concentrating more on the murders, genocide watch as well as everyday incidents.
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