Archive for the ‘Apartheid’ Category

[WATCH] ‘Apartheid still exists in Coligny’ – EWN – Eyewitness News

[WATCH] ‘Apartheid still exists in Coligny’

ReinartToerien |Some Coligny community members say the police & judiciary in their town discriminate against perpetrators of crimes based on race.

However, we will NOT condone the following:

– Racism (including offensive comments based on ethnicity and nationality) – Sexism – Homophobia – Religious intolerance – Cyber bullying – Hate speech – Derogatory language – Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the EWN community a safe and welcoming space for all.

EWN reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

EWN is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Go here to read the rest:

[WATCH] ‘Apartheid still exists in Coligny’ – EWN – Eyewitness News

Fair Usage Law

May 19, 2017   Posted in: Apartheid  Comments Closed

Hofmeyr tells Afrikaner ‘apartheid apologiser’ he’s a ‘pitiful hypocrite’ – Citizen

Afrikaner activist and singer Steve Hofmeyr has told fellow Afrikaans musician Bouwer Bosch that he is misguided and has lost sight of reality in apologising for apartheid.

Writing in Afrikaans, Hofmeyr told the 33-year-old singer-songwriter that his apology to black people is a dangerous acknowledgment of guilt.

Writing on Facebook, Hofmeyr wrote: Bouwer Bosch feels whites must (again and still) apologise for apartheid and colonialism. Mmm. I like brand-new ideas. But Bouwer, the moment you apologise for ANYTHING, you acknowledge guilt and THEN you will need to summarily hand over your car keys, your house, your income, your language and the future of your children, OR acknowledge that youre a pitiful hypocrite.

Love wins, yes, but dont write off loves attractive cousin. Her name is Reality. See the photo below.

One of thephotos on HofmeyrsFacebook post showed a photograph of victims of the Church Street bombing, which was organised by the ANC and executed by its operatives on May 20, 1983.

Hofmeyr said he would be attending the annual commemoration at the bombingsite on Saturday at 9.30am to remember the victims.

Its just an hour. Bring a flower, a prayer and a promise

Hofmeyr, still addressing Bosch, wrote: Finally you will see tomorrow morning how it is: not a single black leader will ask for forgiveness for the Church Street bloodbath.

Bosch, who is also aTV presenter, unleashed debate this week when he uploaded the first episode of a series he callsVersoening(Reconciliation).

In the video, Bosch apologises for apartheid to a woman he only met the day before. In it, he explains where he comes from, then hands over the conversation to Phindile Dhlamini, who explains her life, how she feels about the apology and South Africa.

Have a look at the video below. You can also pick up a copy of The Citizen tomorrow to read a full interview with Bosch about his campaign.

For more news your way, follow The Citizen on Facebook and Twitter.

See the rest here:

Hofmeyr tells Afrikaner ‘apartheid apologiser’ he’s a ‘pitiful hypocrite’ – Citizen

Fair Usage Law

May 19, 2017   Posted in: Apartheid  Comments Closed

‘Harry Potter’ to star in apartheid jail break movie – Times LIVE

The breakout thriller Escape From Pretoria is based on Tim Jenkin’s account of his dramatic escape from the notorious Pretoria Maximum Security Prison with his friend Stephen Lee in 1979.

Jenkin, now 68, was sentenced to 12 years in prison for handing out leaflets supporting the then banned African National Congress.

But the following year he managed to make a set of wooden keys for a series of doors inside the jail, which housed the country’s death row.

Using a device made from a broomhandle and a mirror he had hidden in his cell, Jenkin opened his cell door and then freed his neighbour and friend Lee.

Both managed to slip out of the tightly guarded prison and eventually flee to London.

Producer David Barron, who also worked on the Harry Potter films, said the movie of this “astonishing true story” would be “political without being polemical”.

“Escape From Pretoria is a rare combination of genre and drama, and I am delighted to bring together the potent combination of Daniel Radcliffe and Francis Annan,” he added, as the film was launched at the Cannes film festival.

Annan, a rising young black British director, also wrote the script for the film, which will be shot in South Africa next year.

Radcliffe, 27, has also been signed up to play the lead in the action comedy Guns Akimbo, which was also unveiled at Cannes.

See more here:

‘Harry Potter’ to star in apartheid jail break movie – Times LIVE

Fair Usage Law

May 19, 2017   Posted in: Apartheid  Comments Closed

Atrocities of apartheid explored in Upstream Theater’s latest production – St. Louis American

Eugene de Kock was a commanding officer of the South African government’s death squad stationed at Vlakplaas. He was known simply as Prime Evil for the crimes he committed against blacks in South Africa during the most violent period of apartheid.

His actions were downright sickening as hell broke loose on the countrys majority black population just before the systemic racism imposed by the white minority in power was dismantled. For his crimes, de Kock was given a life sentence plus 212 years.

As part of the process of truth and reconciliation for South Africas next chapter as a nation, psychologist Pumla Gobodo-Madikizela made several visits to de Kock in prison to gain understanding. Her interviews became the best-selling book, A Human Being Died That Night which was adapted for the stage by Nicholas Wright. Upstream Theaters production of the play continues through May 28 at The Kranzberg. The play is directed by directed by Patrick Siler and stars Jacqueline Thompson as Gobodo-Madikizela and Christopher Harris as de Kock.

de Kock was a man who had ordered and carried out the torture and murder of dozens of anti-apartheid activists. The racist regime maintained governmental policies and systems that mirrored the pre-Civil Rights Era Jim Crow south and stretched into the early 1990s.

Gobodo-Madikizela was intent on getting to the bottom of how he could live with himself. Her interviews came as part of the Truth and Reconciliation Commission which held tribunals as part of the healing process. Victims and survivors confronted policemen, government officials, and others who injured and killed blacks under apartheid. Victims and survivors had the opportunity to speak of their pain, question de Kock and others, and if they chose to offer forgiveness, something that could be given only once the apartheid of the mind had been broken and the existence of something to forgive had been admitted.

The actions of de Kock and the entire white power regime that was the South African government would be considered unforgivable by any measure. But the late Nelson Mandela, who became the first president of post-apartheid South Africa, considered forgiveness a prerequisite in order to come together and effectively function as a nation.

But how? Blacks in South Africa bore generations of scars because of apartheid. Does one choose forgiveness over justice or can the two co-exist? How do the oppressed quell their righteous anger?

How do people who have been licensed to dehumanize an entire people recondition themselves?

A Human Being Died That Night explores the dilemmas faced by the survivors of South Africas apartheid system as the country attempts to move forward.

The play takes place within the prison walls where de Kock is held, where the two engage in conversations about his crimes. Gobodo-Madikizelas approach is to aim for inquisition and observation over judgment and condemnation. She interrogates him about his actions, but saves her feelings for separate asides that are shared with the audience.

A Human Being Died That Night gives viewers insight on the unlikely and commendable journey of one nations approach at moving beyond its painful legacy. Once rooted in racism that was enforced by unyielding abuse of power South Africa was able to create a new narrative particularly thanks to the grace of the people who lived in a constant state of oppression.

Upstream Theaters production of A Human Being Died That Night continues through May 28 at the Kranzberg Arts Center, 501 N. Grand. For a full schedule and more information, http://www.upstreamtheater.org/

See more here:

Atrocities of apartheid explored in Upstream Theater’s latest production – St. Louis American

Fair Usage Law

May 19, 2017   Posted in: Apartheid  Comments Closed

Return to Apartheid thinking: Why ANC must scrap censorship … – BizNews

There is something about nationalism that seems to spark off the need to limit and censor the free flow of information. As the Free Market Foundation outlines in this piece below, the ANC seems like its heading in the direction of its nasty predecessors, the National Party, by implementing policies that beneath the surface risk restricting the free flow of information. FMF first tackles the controversial ICT Policy White Paper which last year caused a stir by proposing a single, national wireless network provider a mobile version of what the Telkom monopoly used to be. The policy further seeks to force networks like Vodacom and MTN to hand over their radio spectrum to this provider a seeming form of nationalisation that could cripple the advent of internet development in South Africa and the subsequent continuation of the free flow of information. Then theres also the Hate Speech Bill, which was hastily created and vague at best. A dangerous mix. Gareth van Zyl

By the Free Market Foundation (FMF)*

The right to free, uncensored communication is the foundation of a truly democratic society. The absence of this fundamental entitlement was a hallmark of the Apartheid regime, which, inter alia, sought to control whether citizens would have the right to watch television, something taken for granted by rest of the world.

Today, there are warning signs of a return to this state-centric thinking.

The Free Market Foundation (FMF) is disturbed by two prima facie unrelated policy proposals, both of which represent a return to state censorship. These are: The Information and Communication Technologies (ICT) Policy and the Hate Speech Bill.

In 2016 the DTPS (Department of Telecommunications and Postal Services) published the long delayed ICT Policy White Paper, meant to chart the path for the future of South Africas mobile and broadband infrastructure and management. This policy, not only contains serious threats to a thriving post-Apartheid success story, but the process by which it was derived, has two fatal flaws that mean the proposal should be scrapped in its current form and sent back for re-evaluation.

These are:

1) An inadequate public consultation process on the central ideas. This selective process continues in that consultation is being undertaken on implementation, but the minister forbids any discussion on the policy itself. More shades of Apartheid control.

2) No socio-economic impact assessment (SEIA) was published as required by Cabinet as part of the consultation process. (One later appeared, after consultations ended, but it is patently done in a hurry, is badly drafted, incompetent and does not meet even the basic SEIA preparation requirements.)

The key problems within the ICT white paper include the proposed introduction of a semi-state monopoly in telecommunications, the Wireless Open-Access Network (WOAN), which came as a nasty surprise to the industry and, contrary to ministerial denials, is the subject of current intense and confrontational negotiations between the network operators and the minister behind closed doors.

Read also:Anthea Jeffery: The Hate Bill Unnecessary, unconstitutional and likely to be deeply damaging

Government also proposes to control how ICT providers arrive at the prices for their products, and intends to change the way radio frequency spectrum is allocated so that the semi-state monopoly will eventually hog the bulk of spectrum. Spectrum is the lifeblood of the telecoms industry and critical to investment which is essential to drive the industry forward. Without it South Africa will fall behind its peers and miss out on the next generation of technological advancement. This aspect of the White Paper alone stands to destroy the sector.

Not only is excessive regulation of the infrastructure of communication cause for great alarm, the proposed government control of content of communication threatens our freedom of expression, which since 1994, is a right that all of us take for granted.

The Prevention and Combating of Hate Crimes and Hate Speech Bill 2016, is extremely dangerous legislation, not only because it is badly drafted but also because it has the potential to destroy freedom of expression entirely in South Africa.

The FMF submission to government on the Bill details the crucial issues with the proposed law including:

Nelson Mandela said that, No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens but its lowest ones.

Sunlight is the best disinfectant, meaning it is better to have offensive ideas in the open so that they can be opposed, rather than bottled up in peoples minds. This applies to the disproven bigoted and prejudicial ideas still rife in South African society. An open society is one where such ideas can and should be destroyed in public discourse not one that controls deeply offensive speech by censorship. The Hate Speech Bill will do exactly that.

Both the ICT Policy White Paper and the Hate Speech Bill represent a dangerous return to Apartheid thinking. The government seeks to control the means of communication via the ICT policy. Speech-regulating legislation, such as the Hate Speech Bill, seeks to control the content of communications and bears an eerie resemblance to the Suppression of Communism Act if not in form, then in substance. South Africa needs to be aware and on guard against this ominous trend.

Go here to see the original:

Return to Apartheid thinking: Why ANC must scrap censorship … – BizNews

Fair Usage Law

May 19, 2017   Posted in: Apartheid  Comments Closed

Linda Burney attacks Bolt’s use of ‘apartheid’ and urges focus on … – The Guardian

Labor frontbencher Linda Burney says Australias Indigenous people need to win political battles including the fight to recognise Indigenous people in the constitution. Photograph: David Moir/AAP

The first Indigenous woman to serve in the House of Representatives says apartheid existed in Australia through much of our history and the only way to ensure progress is to propose winnable propositions for constitutional change, and engage with people who hold different views.

The Labor frontbencher Linda Burney will use a public lecture at the Australian National University on Wednesday evening to argue Indigenous people need to win not only policy and legal fights to wind back entrenched discrimination but also win political battles, including the looming one to recognise Indigenous people in the constitution.

In strong comments before next weeks First Nations convention at Uluru, which is likely to pursue a significantly more ambitious reform process than constitutional recognition, Burney says Indigenous leaders prevailed in the 1967 referendum because they were pragmatic, they engaged with their opponents and recognised that some people were afraid of change.

Burney will say on Wednesday night the referendum in 1967, which amended the constitution to include Indigenous people in the census, and allowed the commonwealth to create laws for them, has been misunderstood as a singular victory, rather than a step in a far longer and more complex journey.

Implicitly referencing the differences that exist among Indigenous leaders about whether constitutional recognition is sufficient, or whether there should be a much bolder reform push, Burney will argue people need to play a long game.

She will argue that building on the victory of 1967 through further constitutional change means compromising and it means being political and it means winning over the whole Australian community, not just the Indigenous leadership.

Burney will take a swipe at the conservative commentator and broadcaster Andrew Bolt, who periodically refers to a new apartheid to criticise policies or events he characterises as separating races in Australia.

I was recently a guest on Andrew Bolts TV show its not something I usually rush home to watch, Burney will say. But it is important because I have always and continue to hold the view that we must engage with voices which we do not agree with.

In that interview Mr Bolt repeatedly made reference to a new apartheid.

This apartheid was purportedly being imposed on the Australian community by the National Rugby Leagues Indigenous round, an artwork Mr Bolt found offensive as well as the push for a new referendum on constitutional recognition.

The idea behind that allegation doesnt bare examination. It is patently absurd.

Andrew Bolts football match-induced discomfort does not quite compare to Mandelas 27 years in prison.

She will argue that apartheid did exist in Australia when Indigenous children were removed from their families; when people on reserves had to ask permission to get married; when Indigenous people were denied education, access to pools, hotels and public baths; and when we, who had been custodians of this place for eternity, were denied the right to own it or even vote on how it was governed.

She says it is telling that conservative voices in Australia now feel free to throw around this term lightly nonetheless, precisely because they do not remember this history or they refuse to know it.

Burney says that, decades on from 1967, Indigenous people need to remind the whole community that discrimination is not ancient history, that this discrimination is still permitted by our constitution and that this fight is not over.

Section 51 of our national constitution does not just implicitly allow racial discrimination, it explicitly condones it.

She says not all Indigenous leaders supported the 1967 proposition, and a treaty, a separate sovereign state and a parallel parliament were all ideas proposed at various times along this path.

But she says they also recognised the price of purity was defeat. They compromised they proposed positive constitutional change and a vote on equality which they knew they could win.

Burney will argue that it is imperative that Indigenous people secure recognition in the constitution as a first step, because we will finally have a national compact which recognises and acknowledges our true history and depending on the proposal which is put forward, one which no longer implicitly endorses racially discrimination.

But she says the proposal put before the public needs to be winnable and that involves recognising the inherent conservatism of Australians about constitutional change.

It also means engaging with opponents just as the 67ers did and it means recognising that some people will be afraid of change, they might even insensitively call it apartheid.

These attempts to engender fear in the community are fundamentally dishonest and cowardly but they are a part of debate.

She says Indigenous leaders need to be political and play the long game. A small community can be won over by a huge margin but it means nothing if they cannot convince the broader one.

Recognition will need to be owned by all of us it will be an opportunity for all of us to take ownership of the very real history of discrimination but also of the incredible story that is the oldest living culture on earth.

Next weeks First Nations convention at Uluru will hear the results of dialogues held around the country since last December in an effort to build consensus among the Indigenous leadership.

Go here to see the original:

Linda Burney attacks Bolt’s use of ‘apartheid’ and urges focus on … – The Guardian

Fair Usage Law

May 17, 2017   Posted in: Apartheid  Comments Closed

Apartheid’s long shadow falls over Upstream drama – STLtoday.com

Some say that an actor must always love the character he plays, even if no one in the audience will.

That challenge must have been especially tough for Christopher Harris, who plays Eugene de Kock in the current production of A Human Being Died That Night at Upstream Theater.

A former South African police colonel, de Kock stood trial in 1996 for the kidnap, torture and assassination of many anti-apartheid activists. He was sentenced to 212 years in prison, plus two life terms. In South Africa, he was nicknamed Prime Evil.

How on earth can you put a man like that onstage? Harris and director Patrick Siler don’t seem to think love is possible but they aim for understanding. Even that may be impossible. But Harris’ performance dense, meticulously modulated, caught in contradictions that grip him as tightly as the chains on his ankle does give us a human being. That’s right the same as the ones he killed.

In 1997, after he went to prison, de Kock agreed to a series of interviews with psychologist Pumla Godobo-Madikizela. A black South African woman who served on the country’s post-apartheid Truth and Reconciliation Commission, she wrote about these meetings in her nonfiction book, A Human Being Died That Night, which Nicholas Wright adapted for the stage.

Like other plays based on interviews typically plays about journalists, lawyers and, of course, therapists this drama can’t quite overcome the artificiality at its core. Godobo-Madikizela played here by the elegantly cerebral Jacqueline Thompson and de Kock don’t have a natural relationship. It depends on the specialized terms of her profession and his imprisonment.

But Thompson and Harris struggle against the built-in constraints. Though she is, ostensibly, recalling the interviews in the course of a lecture (another artificial situation), Thompson invests the psychologist with a life of her own, studded with personal memories and distinctive gestures. (Thompson’s hands, which come to play an important role in the drama, boast a refined, eye-catching pale manicure.)

But Harris must take the play to its most difficult places. There’s the memory of a Bible in a murdered man’s backpack, just like his own Bible; the seething anger he feels toward his police superiors, still walking free; the specific details of torture and murder that ultimately explode through his mannerly facade.

He says things were so different then, the world he inhabited so warped, that good and evil got all mixed up. It’s not much of an excuse. But he was mixed up and, over the years that these conversations went on, he seems to want to straighten out.

In the end, de Kock speaks the title of the play, not Gobodo-Madikizela. Maybe that’s what she was waiting for. Maybe he was, too.

A Human Being Died That Night is performed in one long act, without an intermission but there really isn’t a place for one. Patrick Huber’s blunt prison cell scenic design is appropriate, varied with Michael Dorsey’s projections and films of news footage and South African landscapes, mostly in apt black and white.

Go! Magazine’s go-to guide for the weekend’s best entertainment in and around the Lou, delivered weekly to your inbox.

The rest is here:

Apartheid’s long shadow falls over Upstream drama – STLtoday.com

Fair Usage Law

May 17, 2017   Posted in: Apartheid  Comments Closed

West Virginians subjects of economic apartheid | Opinion … – The Montgomery Herald

Growing up, the idea that somebody could be a millionaire was awesome. Today the term has become lost as billionaires an amount beyond comprehension crowd the scene. For chief executives, the term million means little. According to The Wall Street Journal, median annual pay for the chief executives of 104 of the biggest American companies rose for fiscal 2016 to $11.5 million, on track to set a post-recession record. The increases were led by Alex Molinaroli at Johnson Controls who doubled his pay to $46.4 million in 2016 and Meg Whitman at Hewlett Packard Enterprises who upped her annual take to $35.6 million.

Overall, the gap between those at the bottom and top has never been wider. Billionaires have no idea what it is like to live in West Virginia on part-time minimum wages with food stamps and the possible elimination of Medicare Expansion health insurance. They resort to blaming the victims in various ways without even thanking them for creating and protecting their wealth. Furthermore, they conspire to keep control of their wealth by financially manipulating the political process, thereby laughing at the faade of democracy on route to the bank.

They also seek to take even more by reducing their taxes. For example, the administration wants to eliminate the estate tax, which because of thresholds, currently only impacts the ultra-wealthy. Another example is personified by Commerce Secretary Wilbur Ross, who is known in West Virginia for his International Coal Group that bought bankrupt coal companies free of pension and health care obligations and then blew up 12 coal miners at Sago on Jan. 2, 2006. As reported in The Wall Street Journal, Ross will save millions in taxes that can be deferred and/or reduced as he switches $92 million in assets to bonds, a special benefit loophole provided only to political appointees.

The Sago disaster is worth remembering. Sago was part of Wolf Run Mining Company, which was a subsidiary of Hunter Ridge Mining Company. Hunter Ridge was a subsidiary of the International Coal Group (ICG), which was formed in May 2004 by Wilbur Ross who led a group that bought many of Horizon Natural Resources assets in a bankruptcy auction. Ross expressed interest in buying Horizons nonunion properties, but not its six union operations. According to the Associated Press, Horizon was then allowed to also sever its union contracts, including pension obligations, by the bankruptcy court and Ross snapped them up, including the Sago mine. In 2005, the Sago mine was cited by the Mine Safety and Health Administration (MSHA) 208 times for violating regulations, up from 68 in 2004. Of those, 96 were considered significant, serious and substantial. The explosion was not unexpected.

What has occurred in America is economic apartheid, the existence of entirely separate economic systems that includes a subsistence economy at one extreme and the billionaire economy at the other. The extremes are related only by the fact that one must control the other in order to maintain its existence, expressing only lip service to morality, fairness and democratic principles.

Unless subdued by opioids and other control mechanisms, change is inevitable. We cannot achieve common ground above ground if most people are destined to be left behind or buried.

(Dr. John P. David is Professor Emeritus of Economics at West Virginia University Institute of Technology.)

See the original post:

West Virginians subjects of economic apartheid | Opinion … – The Montgomery Herald

Fair Usage Law

May 17, 2017   Posted in: Apartheid  Comments Closed

Borders links with Mandela’s anti-apartheid movement to be strengthened – Border Telegraph

LINKS between a village in the Borders and the world’s most iconic anti-apartheid base are about to be strengthened.

Liliesleaf Farm near Johannesburg was the nerve-centre of the underground movement fighting apartheid in South Africa during the early1960s.

ANC leader Nelson Mandela along with other leading campaigners such as Govan Mbeki, Walter Sisulu, Ahmed Kathrada, Bram Fischer, Joe Slovo, and Ruth First lived and conspired on the remote 28-acre farm.

The liberation movement operated their fight for democracy and equality from Liliesleaf for almost two years before a security police raid on July 11, 1963.

Today the iconic Liliesleaf Farm is a museum dedicated to the fight for freedom.

And next week the chief executive of the museum, Nic Wolpe, will visit Lilliesleaf in the Borders.

The local community council will mark the occasion by hosting a tea party in the village hall.

Chair Carolyn Riddell-Carre told us: “We are going to host a tea party for Mr Wolpe in the Currie Memorial Hall before giving him a tour of the village.

The South African farm in the Rivonia district was bought by David Fyffe, who had farmed near Lilliesleaf in the Borders for many years before immigrating.

It was sold in 1961 to anti-apartheid sympathisers but retained its Borders-name.

And for almost two years the likes of Nelson Mandela, disguised as a farm worker, plotted the downfall of the apartheid regime.

While in the Borders next week Mr Wolpe will meet a descendant of the former owners of the farm.

And he will be given a short talk on the history of the village.

Mrs Riddell-Carre added: “We are asking Mr Wolpe to give us a short talk about his Liliesleaf and retired archaeologist John Dent is going to provide a short talk about our Lilliesleaf.

“We think it is rather like a twinning and an entirely proper use of our funds so we are not going to charge for anyone wishing to attend the party.”

Mr Wolpe’s visit to the Borders comes just a few months after former Borders MP and prominent anti-apartheid campaigner David Steel visited the South African farm.

Lord Steel told us: “The farm was named after the village of Lilliesleaf – although spelled slightly differently – because it had been bought by a family named Fyffe who had lived near the Borders village.

“They subsequently sold it to a South African who provided the secluded hiding place where Nelson Mandela wore blue overalls as a disguised farm labourer.

“The farm has now been turned into a magnificent inter-active exhibition of the freedom struggle complete with restaurant, but retaining the original farmhouse… it includes an aerial photograph of the Borders village.”

Lord Steel brought back mementos of the farm which he donated to Lilliesleaf, Midlem and Ashkirk Community Council.

And these will be on display at next week’s celebration in the Currie Memorial Hall.

The two historical talks will take place on Thursday (May 25) from 4pm to 5pm.

If you would like to attend email community council secretary Clare Hay by e-mail lamccsecretary@gmail.com or call on 07932 862021.

See the original post:

Borders links with Mandela’s anti-apartheid movement to be strengthened – Border Telegraph

Fair Usage Law

May 17, 2017   Posted in: Apartheid  Comments Closed

[WATCH] ‘Apartheid still exists in Coligny’ – EWN – Eyewitness News

[WATCH] ‘Apartheid still exists in Coligny’ ReinartToerien |Some Coligny community members say the police & judiciary in their town discriminate against perpetrators of crimes based on race. However, we will NOT condone the following: – Racism (including offensive comments based on ethnicity and nationality) – Sexism – Homophobia – Religious intolerance – Cyber bullying – Hate speech – Derogatory language – Comments inciting violence. We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section. We strive to make the EWN community a safe and welcoming space for all. EWN reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules. Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines. EWN is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Fair Usage Law

May 19, 2017   Posted in: Apartheid  Comments Closed

Hofmeyr tells Afrikaner ‘apartheid apologiser’ he’s a ‘pitiful hypocrite’ – Citizen

Afrikaner activist and singer Steve Hofmeyr has told fellow Afrikaans musician Bouwer Bosch that he is misguided and has lost sight of reality in apologising for apartheid. Writing in Afrikaans, Hofmeyr told the 33-year-old singer-songwriter that his apology to black people is a dangerous acknowledgment of guilt. Writing on Facebook, Hofmeyr wrote: Bouwer Bosch feels whites must (again and still) apologise for apartheid and colonialism. Mmm. I like brand-new ideas. But Bouwer, the moment you apologise for ANYTHING, you acknowledge guilt and THEN you will need to summarily hand over your car keys, your house, your income, your language and the future of your children, OR acknowledge that youre a pitiful hypocrite. Love wins, yes, but dont write off loves attractive cousin. Her name is Reality. See the photo below. One of thephotos on HofmeyrsFacebook post showed a photograph of victims of the Church Street bombing, which was organised by the ANC and executed by its operatives on May 20, 1983. Hofmeyr said he would be attending the annual commemoration at the bombingsite on Saturday at 9.30am to remember the victims. Its just an hour. Bring a flower, a prayer and a promise Hofmeyr, still addressing Bosch, wrote: Finally you will see tomorrow morning how it is: not a single black leader will ask for forgiveness for the Church Street bloodbath. Bosch, who is also aTV presenter, unleashed debate this week when he uploaded the first episode of a series he callsVersoening(Reconciliation). In the video, Bosch apologises for apartheid to a woman he only met the day before. In it, he explains where he comes from, then hands over the conversation to Phindile Dhlamini, who explains her life, how she feels about the apology and South Africa. Have a look at the video below. You can also pick up a copy of The Citizen tomorrow to read a full interview with Bosch about his campaign. For more news your way, follow The Citizen on Facebook and Twitter.

Fair Usage Law

May 19, 2017   Posted in: Apartheid  Comments Closed

‘Harry Potter’ to star in apartheid jail break movie – Times LIVE

The breakout thriller Escape From Pretoria is based on Tim Jenkin’s account of his dramatic escape from the notorious Pretoria Maximum Security Prison with his friend Stephen Lee in 1979. Jenkin, now 68, was sentenced to 12 years in prison for handing out leaflets supporting the then banned African National Congress. But the following year he managed to make a set of wooden keys for a series of doors inside the jail, which housed the country’s death row. Using a device made from a broomhandle and a mirror he had hidden in his cell, Jenkin opened his cell door and then freed his neighbour and friend Lee. Both managed to slip out of the tightly guarded prison and eventually flee to London. Producer David Barron, who also worked on the Harry Potter films, said the movie of this “astonishing true story” would be “political without being polemical”. “Escape From Pretoria is a rare combination of genre and drama, and I am delighted to bring together the potent combination of Daniel Radcliffe and Francis Annan,” he added, as the film was launched at the Cannes film festival. Annan, a rising young black British director, also wrote the script for the film, which will be shot in South Africa next year. Radcliffe, 27, has also been signed up to play the lead in the action comedy Guns Akimbo, which was also unveiled at Cannes.

Fair Usage Law

May 19, 2017   Posted in: Apartheid  Comments Closed

Atrocities of apartheid explored in Upstream Theater’s latest production – St. Louis American

Eugene de Kock was a commanding officer of the South African government’s death squad stationed at Vlakplaas. He was known simply as Prime Evil for the crimes he committed against blacks in South Africa during the most violent period of apartheid. His actions were downright sickening as hell broke loose on the countrys majority black population just before the systemic racism imposed by the white minority in power was dismantled. For his crimes, de Kock was given a life sentence plus 212 years. As part of the process of truth and reconciliation for South Africas next chapter as a nation, psychologist Pumla Gobodo-Madikizela made several visits to de Kock in prison to gain understanding. Her interviews became the best-selling book, A Human Being Died That Night which was adapted for the stage by Nicholas Wright. Upstream Theaters production of the play continues through May 28 at The Kranzberg. The play is directed by directed by Patrick Siler and stars Jacqueline Thompson as Gobodo-Madikizela and Christopher Harris as de Kock. de Kock was a man who had ordered and carried out the torture and murder of dozens of anti-apartheid activists. The racist regime maintained governmental policies and systems that mirrored the pre-Civil Rights Era Jim Crow south and stretched into the early 1990s. Gobodo-Madikizela was intent on getting to the bottom of how he could live with himself. Her interviews came as part of the Truth and Reconciliation Commission which held tribunals as part of the healing process. Victims and survivors confronted policemen, government officials, and others who injured and killed blacks under apartheid. Victims and survivors had the opportunity to speak of their pain, question de Kock and others, and if they chose to offer forgiveness, something that could be given only once the apartheid of the mind had been broken and the existence of something to forgive had been admitted. The actions of de Kock and the entire white power regime that was the South African government would be considered unforgivable by any measure. But the late Nelson Mandela, who became the first president of post-apartheid South Africa, considered forgiveness a prerequisite in order to come together and effectively function as a nation. But how? Blacks in South Africa bore generations of scars because of apartheid. Does one choose forgiveness over justice or can the two co-exist? How do the oppressed quell their righteous anger? How do people who have been licensed to dehumanize an entire people recondition themselves? A Human Being Died That Night explores the dilemmas faced by the survivors of South Africas apartheid system as the country attempts to move forward. The play takes place within the prison walls where de Kock is held, where the two engage in conversations about his crimes. Gobodo-Madikizelas approach is to aim for inquisition and observation over judgment and condemnation. She interrogates him about his actions, but saves her feelings for separate asides that are shared with the audience. A Human Being Died That Night gives viewers insight on the unlikely and commendable journey of one nations approach at moving beyond its painful legacy. Once rooted in racism that was enforced by unyielding abuse of power South Africa was able to create a new narrative particularly thanks to the grace of the people who lived in a constant state of oppression. Upstream Theaters production of A Human Being Died That Night continues through May 28 at the Kranzberg Arts Center, 501 N. Grand. For a full schedule and more information, http://www.upstreamtheater.org/

Fair Usage Law

May 19, 2017   Posted in: Apartheid  Comments Closed

Return to Apartheid thinking: Why ANC must scrap censorship … – BizNews

There is something about nationalism that seems to spark off the need to limit and censor the free flow of information. As the Free Market Foundation outlines in this piece below, the ANC seems like its heading in the direction of its nasty predecessors, the National Party, by implementing policies that beneath the surface risk restricting the free flow of information. FMF first tackles the controversial ICT Policy White Paper which last year caused a stir by proposing a single, national wireless network provider a mobile version of what the Telkom monopoly used to be. The policy further seeks to force networks like Vodacom and MTN to hand over their radio spectrum to this provider a seeming form of nationalisation that could cripple the advent of internet development in South Africa and the subsequent continuation of the free flow of information. Then theres also the Hate Speech Bill, which was hastily created and vague at best. A dangerous mix. Gareth van Zyl By the Free Market Foundation (FMF)* The right to free, uncensored communication is the foundation of a truly democratic society. The absence of this fundamental entitlement was a hallmark of the Apartheid regime, which, inter alia, sought to control whether citizens would have the right to watch television, something taken for granted by rest of the world. Today, there are warning signs of a return to this state-centric thinking. The Free Market Foundation (FMF) is disturbed by two prima facie unrelated policy proposals, both of which represent a return to state censorship. These are: The Information and Communication Technologies (ICT) Policy and the Hate Speech Bill. In 2016 the DTPS (Department of Telecommunications and Postal Services) published the long delayed ICT Policy White Paper, meant to chart the path for the future of South Africas mobile and broadband infrastructure and management. This policy, not only contains serious threats to a thriving post-Apartheid success story, but the process by which it was derived, has two fatal flaws that mean the proposal should be scrapped in its current form and sent back for re-evaluation. These are: 1) An inadequate public consultation process on the central ideas. This selective process continues in that consultation is being undertaken on implementation, but the minister forbids any discussion on the policy itself. More shades of Apartheid control. 2) No socio-economic impact assessment (SEIA) was published as required by Cabinet as part of the consultation process. (One later appeared, after consultations ended, but it is patently done in a hurry, is badly drafted, incompetent and does not meet even the basic SEIA preparation requirements.) The key problems within the ICT white paper include the proposed introduction of a semi-state monopoly in telecommunications, the Wireless Open-Access Network (WOAN), which came as a nasty surprise to the industry and, contrary to ministerial denials, is the subject of current intense and confrontational negotiations between the network operators and the minister behind closed doors. Read also:Anthea Jeffery: The Hate Bill Unnecessary, unconstitutional and likely to be deeply damaging Government also proposes to control how ICT providers arrive at the prices for their products, and intends to change the way radio frequency spectrum is allocated so that the semi-state monopoly will eventually hog the bulk of spectrum. Spectrum is the lifeblood of the telecoms industry and critical to investment which is essential to drive the industry forward. Without it South Africa will fall behind its peers and miss out on the next generation of technological advancement. This aspect of the White Paper alone stands to destroy the sector. Not only is excessive regulation of the infrastructure of communication cause for great alarm, the proposed government control of content of communication threatens our freedom of expression, which since 1994, is a right that all of us take for granted. The Prevention and Combating of Hate Crimes and Hate Speech Bill 2016, is extremely dangerous legislation, not only because it is badly drafted but also because it has the potential to destroy freedom of expression entirely in South Africa. The FMF submission to government on the Bill details the crucial issues with the proposed law including: Nelson Mandela said that, No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens but its lowest ones. Sunlight is the best disinfectant, meaning it is better to have offensive ideas in the open so that they can be opposed, rather than bottled up in peoples minds. This applies to the disproven bigoted and prejudicial ideas still rife in South African society. An open society is one where such ideas can and should be destroyed in public discourse not one that controls deeply offensive speech by censorship. The Hate Speech Bill will do exactly that. Both the ICT Policy White Paper and the Hate Speech Bill represent a dangerous return to Apartheid thinking. The government seeks to control the means of communication via the ICT policy. Speech-regulating legislation, such as the Hate Speech Bill, seeks to control the content of communications and bears an eerie resemblance to the Suppression of Communism Act if not in form, then in substance. South Africa needs to be aware and on guard against this ominous trend.

Fair Usage Law

May 19, 2017   Posted in: Apartheid  Comments Closed

Linda Burney attacks Bolt’s use of ‘apartheid’ and urges focus on … – The Guardian

Labor frontbencher Linda Burney says Australias Indigenous people need to win political battles including the fight to recognise Indigenous people in the constitution. Photograph: David Moir/AAP The first Indigenous woman to serve in the House of Representatives says apartheid existed in Australia through much of our history and the only way to ensure progress is to propose winnable propositions for constitutional change, and engage with people who hold different views. The Labor frontbencher Linda Burney will use a public lecture at the Australian National University on Wednesday evening to argue Indigenous people need to win not only policy and legal fights to wind back entrenched discrimination but also win political battles, including the looming one to recognise Indigenous people in the constitution. In strong comments before next weeks First Nations convention at Uluru, which is likely to pursue a significantly more ambitious reform process than constitutional recognition, Burney says Indigenous leaders prevailed in the 1967 referendum because they were pragmatic, they engaged with their opponents and recognised that some people were afraid of change. Burney will say on Wednesday night the referendum in 1967, which amended the constitution to include Indigenous people in the census, and allowed the commonwealth to create laws for them, has been misunderstood as a singular victory, rather than a step in a far longer and more complex journey. Implicitly referencing the differences that exist among Indigenous leaders about whether constitutional recognition is sufficient, or whether there should be a much bolder reform push, Burney will argue people need to play a long game. She will argue that building on the victory of 1967 through further constitutional change means compromising and it means being political and it means winning over the whole Australian community, not just the Indigenous leadership. Burney will take a swipe at the conservative commentator and broadcaster Andrew Bolt, who periodically refers to a new apartheid to criticise policies or events he characterises as separating races in Australia. I was recently a guest on Andrew Bolts TV show its not something I usually rush home to watch, Burney will say. But it is important because I have always and continue to hold the view that we must engage with voices which we do not agree with. In that interview Mr Bolt repeatedly made reference to a new apartheid. This apartheid was purportedly being imposed on the Australian community by the National Rugby Leagues Indigenous round, an artwork Mr Bolt found offensive as well as the push for a new referendum on constitutional recognition. The idea behind that allegation doesnt bare examination. It is patently absurd. Andrew Bolts football match-induced discomfort does not quite compare to Mandelas 27 years in prison. She will argue that apartheid did exist in Australia when Indigenous children were removed from their families; when people on reserves had to ask permission to get married; when Indigenous people were denied education, access to pools, hotels and public baths; and when we, who had been custodians of this place for eternity, were denied the right to own it or even vote on how it was governed. She says it is telling that conservative voices in Australia now feel free to throw around this term lightly nonetheless, precisely because they do not remember this history or they refuse to know it. Burney says that, decades on from 1967, Indigenous people need to remind the whole community that discrimination is not ancient history, that this discrimination is still permitted by our constitution and that this fight is not over. Section 51 of our national constitution does not just implicitly allow racial discrimination, it explicitly condones it. She says not all Indigenous leaders supported the 1967 proposition, and a treaty, a separate sovereign state and a parallel parliament were all ideas proposed at various times along this path. But she says they also recognised the price of purity was defeat. They compromised they proposed positive constitutional change and a vote on equality which they knew they could win. Burney will argue that it is imperative that Indigenous people secure recognition in the constitution as a first step, because we will finally have a national compact which recognises and acknowledges our true history and depending on the proposal which is put forward, one which no longer implicitly endorses racially discrimination. But she says the proposal put before the public needs to be winnable and that involves recognising the inherent conservatism of Australians about constitutional change. It also means engaging with opponents just as the 67ers did and it means recognising that some people will be afraid of change, they might even insensitively call it apartheid. These attempts to engender fear in the community are fundamentally dishonest and cowardly but they are a part of debate. She says Indigenous leaders need to be political and play the long game. A small community can be won over by a huge margin but it means nothing if they cannot convince the broader one. Recognition will need to be owned by all of us it will be an opportunity for all of us to take ownership of the very real history of discrimination but also of the incredible story that is the oldest living culture on earth. Next weeks First Nations convention at Uluru will hear the results of dialogues held around the country since last December in an effort to build consensus among the Indigenous leadership.

Fair Usage Law

May 17, 2017   Posted in: Apartheid  Comments Closed

Apartheid’s long shadow falls over Upstream drama – STLtoday.com

Some say that an actor must always love the character he plays, even if no one in the audience will. That challenge must have been especially tough for Christopher Harris, who plays Eugene de Kock in the current production of A Human Being Died That Night at Upstream Theater. A former South African police colonel, de Kock stood trial in 1996 for the kidnap, torture and assassination of many anti-apartheid activists. He was sentenced to 212 years in prison, plus two life terms. In South Africa, he was nicknamed Prime Evil. How on earth can you put a man like that onstage? Harris and director Patrick Siler don’t seem to think love is possible but they aim for understanding. Even that may be impossible. But Harris’ performance dense, meticulously modulated, caught in contradictions that grip him as tightly as the chains on his ankle does give us a human being. That’s right the same as the ones he killed. In 1997, after he went to prison, de Kock agreed to a series of interviews with psychologist Pumla Godobo-Madikizela. A black South African woman who served on the country’s post-apartheid Truth and Reconciliation Commission, she wrote about these meetings in her nonfiction book, A Human Being Died That Night, which Nicholas Wright adapted for the stage. Like other plays based on interviews typically plays about journalists, lawyers and, of course, therapists this drama can’t quite overcome the artificiality at its core. Godobo-Madikizela played here by the elegantly cerebral Jacqueline Thompson and de Kock don’t have a natural relationship. It depends on the specialized terms of her profession and his imprisonment. But Thompson and Harris struggle against the built-in constraints. Though she is, ostensibly, recalling the interviews in the course of a lecture (another artificial situation), Thompson invests the psychologist with a life of her own, studded with personal memories and distinctive gestures. (Thompson’s hands, which come to play an important role in the drama, boast a refined, eye-catching pale manicure.) But Harris must take the play to its most difficult places. There’s the memory of a Bible in a murdered man’s backpack, just like his own Bible; the seething anger he feels toward his police superiors, still walking free; the specific details of torture and murder that ultimately explode through his mannerly facade. He says things were so different then, the world he inhabited so warped, that good and evil got all mixed up. It’s not much of an excuse. But he was mixed up and, over the years that these conversations went on, he seems to want to straighten out. In the end, de Kock speaks the title of the play, not Gobodo-Madikizela. Maybe that’s what she was waiting for. Maybe he was, too. A Human Being Died That Night is performed in one long act, without an intermission but there really isn’t a place for one. Patrick Huber’s blunt prison cell scenic design is appropriate, varied with Michael Dorsey’s projections and films of news footage and South African landscapes, mostly in apt black and white. Go! Magazine’s go-to guide for the weekend’s best entertainment in and around the Lou, delivered weekly to your inbox.

Fair Usage Law

May 17, 2017   Posted in: Apartheid  Comments Closed

West Virginians subjects of economic apartheid | Opinion … – The Montgomery Herald

Growing up, the idea that somebody could be a millionaire was awesome. Today the term has become lost as billionaires an amount beyond comprehension crowd the scene. For chief executives, the term million means little. According to The Wall Street Journal, median annual pay for the chief executives of 104 of the biggest American companies rose for fiscal 2016 to $11.5 million, on track to set a post-recession record. The increases were led by Alex Molinaroli at Johnson Controls who doubled his pay to $46.4 million in 2016 and Meg Whitman at Hewlett Packard Enterprises who upped her annual take to $35.6 million. Overall, the gap between those at the bottom and top has never been wider. Billionaires have no idea what it is like to live in West Virginia on part-time minimum wages with food stamps and the possible elimination of Medicare Expansion health insurance. They resort to blaming the victims in various ways without even thanking them for creating and protecting their wealth. Furthermore, they conspire to keep control of their wealth by financially manipulating the political process, thereby laughing at the faade of democracy on route to the bank. They also seek to take even more by reducing their taxes. For example, the administration wants to eliminate the estate tax, which because of thresholds, currently only impacts the ultra-wealthy. Another example is personified by Commerce Secretary Wilbur Ross, who is known in West Virginia for his International Coal Group that bought bankrupt coal companies free of pension and health care obligations and then blew up 12 coal miners at Sago on Jan. 2, 2006. As reported in The Wall Street Journal, Ross will save millions in taxes that can be deferred and/or reduced as he switches $92 million in assets to bonds, a special benefit loophole provided only to political appointees. The Sago disaster is worth remembering. Sago was part of Wolf Run Mining Company, which was a subsidiary of Hunter Ridge Mining Company. Hunter Ridge was a subsidiary of the International Coal Group (ICG), which was formed in May 2004 by Wilbur Ross who led a group that bought many of Horizon Natural Resources assets in a bankruptcy auction. Ross expressed interest in buying Horizons nonunion properties, but not its six union operations. According to the Associated Press, Horizon was then allowed to also sever its union contracts, including pension obligations, by the bankruptcy court and Ross snapped them up, including the Sago mine. In 2005, the Sago mine was cited by the Mine Safety and Health Administration (MSHA) 208 times for violating regulations, up from 68 in 2004. Of those, 96 were considered significant, serious and substantial. The explosion was not unexpected. What has occurred in America is economic apartheid, the existence of entirely separate economic systems that includes a subsistence economy at one extreme and the billionaire economy at the other. The extremes are related only by the fact that one must control the other in order to maintain its existence, expressing only lip service to morality, fairness and democratic principles. Unless subdued by opioids and other control mechanisms, change is inevitable. We cannot achieve common ground above ground if most people are destined to be left behind or buried. (Dr. John P. David is Professor Emeritus of Economics at West Virginia University Institute of Technology.)

Fair Usage Law

May 17, 2017   Posted in: Apartheid  Comments Closed

Borders links with Mandela’s anti-apartheid movement to be strengthened – Border Telegraph

LINKS between a village in the Borders and the world’s most iconic anti-apartheid base are about to be strengthened. Liliesleaf Farm near Johannesburg was the nerve-centre of the underground movement fighting apartheid in South Africa during the early1960s. ANC leader Nelson Mandela along with other leading campaigners such as Govan Mbeki, Walter Sisulu, Ahmed Kathrada, Bram Fischer, Joe Slovo, and Ruth First lived and conspired on the remote 28-acre farm. The liberation movement operated their fight for democracy and equality from Liliesleaf for almost two years before a security police raid on July 11, 1963. Today the iconic Liliesleaf Farm is a museum dedicated to the fight for freedom. And next week the chief executive of the museum, Nic Wolpe, will visit Lilliesleaf in the Borders. The local community council will mark the occasion by hosting a tea party in the village hall. Chair Carolyn Riddell-Carre told us: “We are going to host a tea party for Mr Wolpe in the Currie Memorial Hall before giving him a tour of the village. The South African farm in the Rivonia district was bought by David Fyffe, who had farmed near Lilliesleaf in the Borders for many years before immigrating. It was sold in 1961 to anti-apartheid sympathisers but retained its Borders-name. And for almost two years the likes of Nelson Mandela, disguised as a farm worker, plotted the downfall of the apartheid regime. While in the Borders next week Mr Wolpe will meet a descendant of the former owners of the farm. And he will be given a short talk on the history of the village. Mrs Riddell-Carre added: “We are asking Mr Wolpe to give us a short talk about his Liliesleaf and retired archaeologist John Dent is going to provide a short talk about our Lilliesleaf. “We think it is rather like a twinning and an entirely proper use of our funds so we are not going to charge for anyone wishing to attend the party.” Mr Wolpe’s visit to the Borders comes just a few months after former Borders MP and prominent anti-apartheid campaigner David Steel visited the South African farm. Lord Steel told us: “The farm was named after the village of Lilliesleaf – although spelled slightly differently – because it had been bought by a family named Fyffe who had lived near the Borders village. “They subsequently sold it to a South African who provided the secluded hiding place where Nelson Mandela wore blue overalls as a disguised farm labourer. “The farm has now been turned into a magnificent inter-active exhibition of the freedom struggle complete with restaurant, but retaining the original farmhouse… it includes an aerial photograph of the Borders village.” Lord Steel brought back mementos of the farm which he donated to Lilliesleaf, Midlem and Ashkirk Community Council. And these will be on display at next week’s celebration in the Currie Memorial Hall. The two historical talks will take place on Thursday (May 25) from 4pm to 5pm. If you would like to attend email community council secretary Clare Hay by e-mail lamccsecretary@gmail.com or call on 07932 862021.

Fair Usage Law

May 17, 2017   Posted in: Apartheid  Comments Closed


Fair Use Disclaimer

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Under the 'fair use' rule of copyright law, an author may make limited use of another author's work without asking permission. Fair use is based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. The fair use privilege is perhaps the most significant limitation on a copyright owner's exclusive rights.

Fair use as described at 17 U.S.C. Section 107:

"Notwithstanding the provisions of section 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phono-records or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

  • (1) the purpose and character of the use, including whether such use is of a commercial nature or is for or nonprofit educational purposes,
  • (2) the nature of the copyrighted work,
  • (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and
  • (4) the effect of the use upon the potential market for or value of the copyrighted work."