CONDEMNATION OF RACIST RW JOHNSON DEFAMATION

The Higher Education Transformation Network (HETN) acting on behalf of its alumni members notes with disappointment the recent comments by RW Johnson on Politicsweb in relation to the history of our Chairperson. Johnson is clearly engaged in a futile campaign to try and undermine the integrity of our Chairperson, Mr Lucky Thekisho.

Firstly we wish to put it on record that racists such as RW Johnson will not succeed in their efforts to derail the Network from its stated goals of attaining transformation by the slanderous targeting of our leadership.

We are not impressed nor amazed by the fact that Mr. Johnson "writes for the Sunday Times (London), which is the world's biggest quality Sunday paper with about 5 million readers." The Network has no Anglophiles in its ranks and none of our members have any yearning nor longing for British colonial rule.

HETN notes that RW Johnson is a proven racist who has been ousted by his peers - see here. It is stated that Johnson was "heavily criticized by a group of x73 writers, academics and cultural figures, including Lemn Sissay and Michael Rosen in an open letter" which said his work is "often stacked with the superficial and the racist". It was for that reason that one of Johnson's blog posts for the London Review of Books was removed from the web due to protests by scores of writers, who accused Johnson, in writing about rumors of xenophobic violence in SA, of "peddling highly offensive, age-old racist stereotypes" - see here.

RW Johnson harangues endlessly about the past criminal conviction and incarceration of the HETN Chairperson during his teenage years. We would like to reiterate that the story of Lucky Thekisho is one of the miracles of black survival and resilience in South African history. Mr Thekisho has taken full responsibility for his past. We wish the apartheid perpetrators that committed war crimes and crimes against humanity and their apologists would take similar responsibility for their past. Mr Thekisho does not owe Johnson any explanation for his past or present life successes.

Seeing that Johnson keeps on referring to Thekisho's past, we would like to set the record straight and contribute to the education of the likes of RW Johnson.

It is true that the Network Chairperson dropped out of secondary school at Grade 9. He had a very troubled youth which eventually led to his imprisonment. It is also true that while incarcerated under the most inhumane conditions as a teenager, he had a violent fight with another inmate which unfortunately led to his death. It is also true that he was charged with murder, convicted and sentenced to an eight year period for the tragic incident. When Mr Thekisho completed his sentence, he swallowed his pride and went back to a fulltime classroom, entirely consisting of teenagers, notwithstanding the fact that he was 29 years old at that time and despite the embarrassing remarks made by teachers and fellow learners about him.

Hard work and persistence paid off as he eventually obtained his matric with several distinctions. He subsequently obtained a loan from the government for university studies. He obtained the following degrees and certificates at the University of Pretoria, BLC in Law, LLB, LLM, (specialising in Labour law). He received a certificate in Advanced Labour Law, certificate in Legislative Drafting, a certificate in Human Resource Management, (BE@ UP) and a certificate in Environment and Compliance (UJ).

After the completion of his studies, Mr Thekisho was admitted as an attorney, after he passed his Board exams and did his articles at the Law Clinic of the UP. As required, Mr Thekisho had to make a full and complete disclosure of his previous convictions to the Law Society and demonstrate that he was a fit and proper person to be admitted as an attorney. This he was able to do.

Mr Thekisho was born into and grew up in apartheid society. His early years were spent in poverty. He lived his early life in an environment that exposed him daily to the abuses of a social and economic system based upon the oppression of blacks in all aspects of life. We can state without fear of contradiction that he has lived the black experience to the ultimate. However, Mr Thekisho is not bitter and does not blame the system for his indiscretions. He has come to terms with the many mistakes he made as a teenager.

Through hard work, discipline, commitment to strong values and his abiding belief in our system of government, he overcame the obstacles. Not a day goes by that he does not feel regret for his past and the lost opportunities during his incarceration as a teenager. He has conquered deprivation, without self-pity or complaint and has from time to time in his educational and professional journey received the helping and guiding hand of many South Africans, black and white.

Letters of support submitted in regard to his application for admission as an attorney and the Presidential pardon speak volumes about his rehabilitation. They attest to the fact that we have South Africans, both black and white who have overcome intolerances and are willing to give a second chance and acknowledge the inherent dignity in all human beings. In short that has been the story of his criminal conviction which is an open book.

The story of his Presidential pardon is also revealing. It was through the encouragement of many South Africans, who recognized his talents and potential contribution to our emerging democracy, which eventually convinced him to apply for a Presidential pardon. This happened while he was still a student. The strongest testimonials in support of his pardon application came from officials from the University of Pretoria.

Our chairperson is personally saddened that he took a life, even though the incident occurred whilst he was a teenager.

We however cannot and will not allow narrow-minded people such as RW Johnson to continue using his past in an effort to discredit either him or the network that he leads.

Ignoramus such as RW Johnson always have to be reminded what the courts have said about the effect of a Presidential pardon: The US Supreme Court stated in Ex Parte Garland, 71 U.S. (4 Wall.) 333, 380 (1866) summarized the reach of a presidential pardon as follows: A pardon reaches both the punishment prescribed for the offence and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offence. If granted before conviction, it prevents . . . the penalties and disabilities consequent upon conviction from attaching; if granted after conviction, it removes the penalties and disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit and capacity. Garland, 71 U.S. at 380-81.

This broad interpretation of the effect of a pardon was affirmed in Knote v. United States, 95 U.S. 149 (1877), in which the court stated: A pardon is an act of grace by which an offender is released from the consequences of his offense, so far as such release is practicable and within control of the pardoning power, or of officers under its direction. It releases the offender from all disabilities imposed by the offense, and restores to him all his civil rights. In contemplation of law, it so far blots out the offence, that afterwards it cannot be imputed to him to prevent the assertion of his legal rights. Id. at 153.

In Garland the Court stated that a pardon makes "the offender . . . as innocent as if he had never committed the offense." Id. (emphasis added). We do not interpret this to mean that the pardon creates the fiction that the conduct never took place. Rather, a pardon represents the Executive's determination that the offender should not be penalized or punished for the offense. There may be instances where an individual's conduct constitutes not only a criminal offense, but also a violation of a separate code of conduct or ethics that the individual is obligated to comply with by virtue of his or her professional license. Discipline associated with the breach of the conditions of a professional license, where the disciplinary action is not triggered merely by the fact of commission or conviction of a criminal offense, generally would not be barred by a pardon. See e.g., In re Bozarth, 63 P.2d 726 (Okla. 1936); In re Lavine, 41 P.2d. 161 (Cal. 1935); Nelson v. Commonwealth, 109 S.W. 337 (Ky. 1908).

In his case, the Law Society subjected his application to a rigorous examination and declared him fit and proper having due regard to his remorse and rehabilitation since his release.

So Mr. Johnson must know that we do not care whether he seeks to use a grievous mistake that our Chairperson committed as a teenager, more than 20 years ago to demonize him and to attack the Network and its mandate of seeking equality for our people. Neither do we owe Mr Johnson an apology. However, we thought Mr Johnson might benefit from an educational lesson of redemption, which is the story of South Africa. History is replete with examples of people who made historical contribution to the betterment of others despite criminal convictions - Malcolm X, Nehru etc.

Lucky Thekisho does not claim by any means to be equal in stature to these formidable leaders. His objectives are much more modest and humble - He seeks to make a contribution as a simple South African in the context of his time and circumstances.

As the people who are very close to Lucky Thekisho, we know very well that there is not a day that goes by without him experiencing sadness concerning the tragedy of taking someone's life as a teenager. Mr RW Johnson can use it as part of his discriminatory narrative when he has run out of all rational arguments. In fact the more he raises the issue, the more our Chairperson will have the opportunity to let his people know who Lucky Thekisho really is.

The Network hereby salutes Lucky Thekisho for changing his life for the better despite the challenges that he came across as a teenager.

About the Higher Education Transformation Network (HETN):-

The Higher Education Transformation Network (HETN) is an independent network of alumni and graduates from various higher education and further educational institutions across South Africa committed to the process of transformation of education and training to increase equitable and meaningful access to education, skills and learning to eliminate of socio-economic disparities.

Statement issued by Mr Hendrick Makaneta: Director: Alumni Support & Media Relations, Higher Education Transformation Network (HETN), July 4 2014

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