LegalPerspective

TableOfContents

* back to http://scratchpad.wikia.com/wiki/Sasecurity

Firearms Control Act
With the Firearms control act the view of the http://www.npa.gov.za was that an existing right given under the previous Firearms act that was replaced can't be arbitrarily revoked. Under the previous law a gun license was valid for life. Under existing law your house remains your property for life and after death you can decide who inherits it. Should there be a prosecution and conviction of a person who did not relicense it would establish a general precedent that the government can confiscate property without any form of compensation. And same goes for a drivers license, the terms are that it is valid for life. Next one could be forced to 'relicense' his house or his wife. One remains married for life until either of the parties decided to file for divorce in terms of the Marriage Act. A conviction in terms of the FCA would mean that at any time any law's terms can be amended and thus there would be no certainty that '... valid for life' means just that. No, it would mean valid for life or until the government decides that it is not valid for life anymore. The Constitution allows for the government to expropriate property with compensation. Taking a firearm for which the government gave a license under a law stating that this piece of property remains that of the owner for life, is thus a violation of the constitutional principle that compensation must be paid for property expropriated.

It was reported in the Citizen that John Welch views it as unconstitutional to force a person to relicense who had received a firearm license under the old law. It was reported in Beeld five days before the Dec.31 2005 deadline Minister Nqakula had a meeting with John Welch the deputy director of Prosecutions. John Welch himself has 12 guns and won't relicense his firearms, in other words the government expects Welch to prosecute himself. In the meeting Welch indicated that he won't prosecute anybody, including himself, who failed to relicense and thus the government postponed the whole thing till June 2009. Furthermore the FCA is open ended. Meaning any terms and conditiions can be arbitrarily amended. So for example if the act is amended after enough people has relicensed then it would be a simple matter to gazette that all guns that have been relicensed and licensed under the FCA must be immediatly handed in at the nearest police station. And this would be an entirely constitutional and legally valid step because the person that relicensed signed a form giving the government such a right. In contrast the old Firearms law did not allow for such an open ended arbitrary amendments. And thus a test case or precedent where a single individual gets prosecuted for failing to relicense and convicted would be the only way to test the validity of the FCA in court. But only the http://www.npa.gov.za can decide to proceed with such a test case. Such a case would probably go all the way to the constitutional court. Only after they have ruled would a final descision be made and one should wait for such a ruling.

But the http://www.npa.gov.za can neither be forced nor prevented from attempting to establish a precedent. In terms of our constitution a person is innocent until proven guilty. Some would argue that somebody not relicensing is guilty of an offence. This is a factual and legal inaccuracy. Only the court can determine this in the first test case. But since there are no test cases and the http://www.npa.gov.za has indicated that they won't prosecute themselves or anybody else for failing to relicense, all such old license holders remain innocent until proven guilty. And the constitutional principle of innocense until proven guilty applies to all the other compliance laws. Lawyers that specifically deal with firearm relicensing also deal with cases where appeals are made in terms of the FCA. They must ofcourse be paid for this. The Gunshops know that a person who doesn't relicense will never be able to purchase another firearm from them. The training institutes makes their money from people getting a competency certificate in terms of the ECA. Under the old Gun law one did not need a competency certificate. And thus one should carefully evaluate what your are told by the various stake holders. What is the monetary gain to be extracted from a person relicensing and what implications are there for them from a financial perspective should such a person not relicense?

Billy Downer the deputy director of prosecutions prosecuted Jacob Zuma. Selebi the head of the SAPS is a staunch supporter of Zuma. What the SAPS is asking of Billy Downer is for him to sign the FCA form on p.6 but where on p.10 Selebi can recommend under the section: Describe the mental condition of the candidate .... - anything which Selebi whishes Billy Downer's mental condition to be. Based this mental condition the Central Firearms Registrar must decide wether to relicense Bill Downer's personal firearms or not. The constitution mandates procedural fairness. Who is best qualified to determine your mental condition a phsyciatrist or policemen? What psycometric tests dit the police perform to determine your mental condition. Who professionally evaluated such data? What was his qualifications. There is no love lost between the http://www.npa.gov.za and the SAPS. Would Vusi Pikoli sign a form giving the SAPS the right to confiscate his personal firearms that he obtained under the old gun law? What about the wifes, brother, sisters and friends of the http://www.npa.gov.za - could they attract the special attention of a relicensing official in the SAPS dealing with their application forms? What about the prosecutors in general? What would be the effect if the criminals knew that all the prosecutors have had their firearms confiscated but also that of their wifes who are now defencless at an address organised crime can easily obtain ? The http:/www.mg.co.za reported that Willie Hofmeyer, Billy Downer, Pikoli and John Welch are investigating Selebi's links to the criminal underworld. The scorpions recently arrested Agliotti a friend of Selebi. The FCA is the SAPS ultimatum to the http://www.npa.gov.za that they in their personal capacity must either relicense or prosecute themselves. The FCA can be amended anyway the government wants to. For example they could amend it that if there is any negative report from anybody say your farmworker that you shot at him then the next day the police can take away your firearms - without a trial and court conviction.

Under the old gun law this was not possible, there had to be a trial and criminal conviction. And then it was upto the court to decide wether you forfeit your firearm. Thus the government is asking people to sign away their existing rights under the old gun law. What the http://www.npa.gov.za is saying is that they won't prosecute anybody for refusing to sign. And if a person is not prosecuted he can't have his firearms confiscated which he received under the old gun law. For only a court can do this. But since a criminal charge laid by the police will never get past the http://www.npa.gov.za in the first place, such a  case will never go to court. The government keeps on extending the deadlines for criminal prosecution precisely because the http://www.npa.gov.za views the terms and conditions for which a gun license was issued under the old law as valid for life. Thus the government is busy with a cat and mouse game where they simply issue a threat in the papers warning everybody that they will be criminally charged. Which is the truth ofcourse. They can criminally charge but they can't prosecute - only John Welch and Billy Downer can do this after they have either proved to us that they have relicensed theiir guns or after they have prosecuted themselves.

''Citizens Against Crime comment on the FCA: http://www.cac.co.za/modules.php?name=scamlate. Based on the wording of a recent SAPS Communication, we believe that either the wording is incorrect or there is something rather weird in the new Firearms Act, it allows totally untrained Security Officers to carry a weapon up to the year 2006 - as long as the weapon is licenced. Firearms do not kill people or require training – it is the person carrying it who does! All institutions that own firearms, including security service providers, will be called up to renew their firearm licences from 1 July 2006 to 31 December 2006. It is important to take note that companies may continue to issue company firearms to employees who do not have a competency certificate under the following conditions; As long as the firearms are licenced in terms of the Arms and Ammunition Act When the company obtains a firearm licence in terms of the Firearms Control Act, 2000 or when the current firearms are renewedin terms of the firearms Control Act, the firearm may only be issued to an employee who is in possession of a competency certificate. In terms of this legislation there is a serious contradiction – it should surely have added a proviso to the effect that "As long as the employee has met the relevant training criteria as laid down by PSIRA (Security Regulatory Authority) to be armed." We believe that when cognizance is taken of the fact that there are more Private Security Officers out there than Policemen we believe this is essential.''

This is why security guards without the new training can still use security company firearms licensed under the old gun law - these were the terms of the license. And thus the government extended the deadline deailng with this issue until Dec.2007. And they will have to keep on extending it as the http://www.npa.gov.za won't prosecute anybody who uses a firearm under the terms issued to it under the old gun law. ''What CAC don't understand is that it is irrelevent what they consider to be ,,essential.. - it only matters what the old gun law states under which terms these firearms were issued''. For example many people think it "essential" that people with more than two houses should give their extra house to somebody with a "housing need". But the terms under which you own these houses - the law which governs this - does not allow the government to force you to "relicense" your property. It has been argued by some that a person should only relicense once John Welch and Billy Downer have relicensed their guns. The question arises would the police not be able to obtain a court order to confiscate a firearm from a person who did not relicense? The answer would be no, because that would mean that Selebi is in essence asking the court for a warrant to do a raid on the directors of http://www.npa.gov.za. Court orders aren't just dished out by a judge because he is feeling "lekke-lekke" it is done in terms of a law that the judge can reasonablly forsee will lead to a criminal prosecution. What is good for the goose is good for the gander. The public and the directors of the http://www.npa.gov.za are equal before the law. The directors of prosecution can themselves be prosecuted if they violate a law for which there is a precedent. Since there are no precedents and the prosecutors themselves are not relicensing their personal firearms the government is in essence asking the directors of the http://www.npa.gov.za to establish that precedent by prosecuting themselves, friends and family.

ITWEB ARTICLE on the ECA
http://www.itweb.co.za/sections/telecoms/2006/0612081030.asp?S=Legal%20View&A=LEG&O=FRGN "....According to the EC Act, individuals or companies that wish to own internal telecoms networks, such as those found in multi-dwelling residential properties, need PTN licences to operate." Download the ECA from http://www.icasa.org.za

The article is factually wrong. From p.28 and p.110 of the ECA it is clear that Act.96 is still in full force: No data may cross boundaries. The ECA gives ICASA the right to make a ruling that will shutdown the internal networks of closed estates. But this will only happen once Icasa makes an official announcement which they have not done yet and probably won't have the time for at least a few more years. The ECA effectivly gives Icasa the power to shutdown all communications other than through centralised channels like Telkom on every square centimeter inside South Africa either inside boundaries or crossing boundaries. Every person sending data across the street under Act.96 via Wi-Fi/fiber/copper was violating the law and is presently violating the ECA. '''And violating the ECA is a Godly Christian righteous thing to do. Gods laws comes before mans laws - you are obligated as a Christian to lay fixed wires to your neighbour or to at least allow it.'''

Who in his right mind is going to send a recording of himself with his friend to the National Itelligence Agency? But everytime you use a Telkom/MTN/Vodacom network everything you say is recorded, by building our own DecentralisedNetworks we enable censor free flow of information. Enforcing any sort of freedom of speech limiting laws such as the ECA or encryption laws by the http://www.npa.gov.za will establish a precedent. And this precedent will then be used by the ANC stooges controling Icasa and Telkom to shutdown any threat to their self enrichment machine Telkom. But only the http://www.npa.gov.za has the power to enforce these laws, something they will never do precisely for the reason stated.

Ant Brookes from http://www.ispa.org.za tried to distance himself from the article here  http://mybroadband.co.za/vb/showthread.php?t=52355. http://www.ispa.org.za conspired with the drafters of the ECA to give ICASA the power to shutdown the networks of internal estates. This is just as morally reprehensible as jamming the SAPS radio frequency leading to the death of policeman. This cabal consisting of Telcoms lawyers, Vans license holders, Icasa officials and the ANC get rich-quick faction are on the same level as a rapist shutting the mouth of woman so she can't scream for help. This might seem a bit over the top and hyperbolic but I would urge you to really think about it. By sheer bluff they have convinced people not use UseTelkomsPoles because this will establish the public as the defacto TNO.

If I told you that a N....s official jammed a http://www.netstar.co.za tracking signal leading directly to the death of the person hijacked we would consider such an oficial a murderer. Now what would you say if told that Naspers a Vans license holder has told a bold faced lie in a company they own http://www.itweb.co.za and that Naspers doesn't want you to establish your fixed lines of communication of CctvCameras? What is the difference between somebody physically jamming your communication lines and somebody using the ECA to shutdown your communicaton lines? What would you think of Naspers if they were to take a wirecutter and physically cut your copper line between your house and your neighbour. Now given Naspers didn't actually draft the ECA but neither is Naspers shouting from the rooftops that the http://www.npa.gov.za don't take instructions from anybody not Icasa, Thabo or the SAPS.

To put it bluntly I consider any person who jamms anybody's non-intrusive, non-spectrum polluting license free communication lines such as copper and fiber either by legislation such as the ECA or physically with a wirecutter on the same level as a murderer - TheRapeOfWomen. Let me motivate: Hundreds of people have been hijacked infront of their driveways returning from work. If we had UseTelkomsPoles to create our own bandwidth then a person would have placed a camera infront of his driveway so that a security guard could watch the vehicle as it enters the premise. But cameras without bandwidth is useless.

ANC must stop terrorising the tax payers
The whites of South-Africa pay 80% of all direct income taxes. As Pallo Jordan put it so eloquently a few years ago:"Telkom sits on the stilts of Gautengs whites....". The figure of 80% would be higher, but due to the distorting effect of affirmative action it is 80%. Over 1 million whites have fled the country, many of the rest can't find employment due to affirmative action. This has led to plunging birth rates as whites simply see no employment oppertunities for their children in South Africa. This senario is bad enough as it is. What http://www.naspers.co.za is doing is worsening the situation via its vast powers of propaganda and misinformation: They refuse to tell you how to solve the crime problem. If we can solve the crime problem, we will have such an inflow of capital that the economic cake will be increased for all. The ANC will be able to placate their supporters by forcing companies to employ them, but whites will still have some sort of economic future. This document explains how data convergence via a TelephoneNetworkRollout will increase the economic cake and address the crime issue via CctvCameras. The ANC is terrorising society with its speech control laws such as the RICA Act. This document explains why the http://www.npa.gov.za protects us against these speech control laws. Freedom of speech allows the http://www.npa.gov.za to made aware of the criminals and hunt them down. The NPA will not enforce laws that will cutoff the free flow of information. Without freedom of speech South-Africa's economy and society will not flourish. The ANC can't have this both ways, they expect high economic growth but at the same time they want to steel, defraud taxpayers and pay bribes and get kickbacks and not having to bother reading about their criminal activities on the front page Rapport on Sunday.

We have permission from council to lay ducting
Laying underground CableFlex ducting 60cm below the soil for a telephone network in open streets needs Piercing tool HorizontalDirectionaldrilling, TrenchingEquipment and VibratoryPlow. The http://www.ditchwitch.com Piercing Tool, Walk-behind Trencher and Walk-behind Vibratory plow costs about $3000 dollars each on http://www.ebay.com. We setup a FrontingCompany and get an unemployed person to lay ducting under all the driveways. The driveway belongs to council, therefore you can't give "permission" for this FrontingCompany to lay ducting. We just simply do it without any permission. As a homeowner you are absolved from all blame and responsibility - since the curb belongs to council. Pretoria council has given us "unofficial" permission to lay CableFlex ducting under streets and driveways. These threads provides a background to the whole road cutting telephone pole planting saga: http://mybroadband.co.za/vb/showthread.php?t=29635 and http://mybroadband.co.za/vb/showthread.php?t=39954&page=6 Mr. de Wet from Nelspruit council also has no problem with it. They can't give official permission because of the obvious fallout with Telkom and the Vans license holders. A civil servent has to play it by the rules. But they are emphatic that won't do anything about it either.

Nothing underhand or unethical is being done. Infact you actually have a duty to protect your family and this God given duty transcends getting "permission". Laying ducting is done on a daily basis across the world. We just need the help the process along in South- Africa by doing it "unofficially". http://www.ispa.org.za and are clouding the issues by ranting against Telkom the whole time. Telkom is just exercising its rights in terms of the law. The law has to change so http://www.ispa.org.za should rather engage the ANC. But the ANC is under strain from various factions as the Zuma saga showed and thus reforming telecoms legislation is a slow and difficult process. We have the political "passive" support from council, Alec Erwin, Trevor Manual and Mbeki. This whole issue is an internal ANC political Constitutional issue - not a Telkom issue. Icasa is mandated by the constitution and there is nothing we can do about it. The ANC get-rich-quick faction have hijacked Icasa and the department of communications DOC, most of the top echelons of Icasa are getting bribes and kickbacks from certain Telcos. For example BroadbandOverPowerlines are being activly stalled by Icasa by refusing to give licenses for the technology. Which is futile since people like Ari Geva http://mybroadband.co.za/vb/showthread.php?t=39954&page=6 - simply installs it without Icasa permission but with the passive support of council. You can also cut tar roads via DirectBuriedDuct with the "unofficial" support of council.

Some in the ANC like Smuts Ngoyama wants to "become rich" out of Telkom, while others have a genuine desire to develop South-Africa and not turn themselves into millionares in the process. The South-African consumer is caught between these two ANC factions. Thankfully Smuts Ngoyama can't prosecute anybody. The Infraco fiber link around the west-coast indicates that the Manual, Erwin faction has overcome the political stonewalling from the Ngoyama faction. Both http://www.ispa.org.za, Telkom and some ANC bigwigs are frantically trying to prevent DecentralisedNetworks. From http://www.mybroadband.co.za/nephp/?m=show&id=5721: "...Interestingly Alec Erwin, the DPE Minister, also said that the private sector is not very keen on its own infrastructure. “If the private sector was so keen on infrastructure, they would have done it,” Erwin was quoted as saying in a recent Business Day article. Well mr.Erwin this wiki is an attempt at convincing people to lay those networks. We need to forge some sort of "unofficial" alliance with council telecoms project such as the Tswane Digital Hub, headed by Charles Kuun. He is personally all for Pretoria laying CableFlex ducting but as a civil servent working for a salary he can't be to open about this.

The National Prosecuting Authority protects us against Icasa
Something seriously has gone wrong in South AFrica. There is a pervasive attitude of fearfulness and cowardice amongst South Africans. Instead of solving the Telkom and crime problem people are begging for permission to lay ducting in their own backyards. This document is an attempt at explaining how our Constitution and the National Prosecuting Authority protects us from state terror. Because forbidding people from communicating is a form of terror.

* http://www.npa.gov.za/ * http://www.npa.gov.za/NewsClips/How%20the%20Law%20Works%202.doc Download this document from the http://www.npa.gov.za. * Quote from http://www.npa.gov.za: ''In terms of section 20 of the National Prosecuting Authority Act, No 32 of 1998, the power to institute and conduct criminal proceedings on behalf of the State (and to discontinue criminal proceedings) vests in the national prosecuting authority. In practice, decisions in most courts on a day-to-day basis are taken by prosecutors with delegated authority from the National Director. In more important or difficult matters, the decision is taken by the various provincial directors or the investigating directors in consultation with the relevant provincial director and subject to the control and directions of the National Director. In some cases, the National Director himself will be involved in the decision-making process and he may even make the decision himself.''

Only John Welch, Billy Downer and Vusi Pikoli the NDPP can decide to turn the entire South-Africa into criminals for sending data across a street using either Wi-Fi MeshNetworking, or fiberoptics across public roads. And this would include the directors of prosecution, friends and family since they are also sending data across the street. This document is an attempt to explain to you why they specifically will not do this. http://www.icasa.org.za and the SAPS and parliament can't prosecute anybody. The SAPS can only criminally charge a person, not force the NDPP to establish a precedent by prosecuting this person. There is not a single attempted prosecution in terms of Act.96 or the ECA in connection with sending data across the road using legal mediums such as Fiber, Coppper and Wi-Fi. Telkom's stooge Icasa did though press upto 100 criminal charges with the bemused SAPS. This confusion over the role of the http://www.npa.gov.za was so severe that even Icasa were clueless as they pressed charge after meaningless charge with the SAPS. Icasa probably pressed upto a hundred criminal complaints with the SAPS over the use of license free mediums sending data across the road. Even if the SAPS had wanted to pursue David Jarvis from http://www.wapa.org.za for sending data across the road using license free mediums, they would still not be able to force the http://www.npa.gov.za to prosecute him. All Icasa succeeded in doing was showing just how useless and powerless they really are. They have since stopped pressing charges with the police concerning the use of license free media such as fiber,copper and Wi-Fi. Any illegal use of licensed spectrum such as 900mhz will result in prosecution though.

The Film and Publications amendment bill is a ruse the ANC wants to use to squash free speech. The http://www.npa.gov.za can't openly state that they won't prosecute the newsmedia for defying the ANC and telling us and Vusi Pikoli about all the theft,bribes and corruption in the government. The Film-Publications act original purpose was just to prevent sexually inappropriate material from being forced unto the public, the aim is not to cut-off the line of communication between the public and Vusi Pikoli. In other words the NPA can't openly state that the ANC is insane and that they won't enforce speech control laws like RICA, ECA, Act.96, PAIA etc. This document explains why http://www.nicciferguson, http://www.buys.co.za, http://www.ispa.org.za, http://www.naspers.co.za, http://www.naspers.co.za, http://www.neology.co.za,  http://www.itweb.co.za, the legal profession in general, SouthAfricanWirelessIndustry and World Wide Worx are in a conspiracy to prevent you from understanding this.

The NPA can provide Telkom permission to prosecute
The http://www.npa.gov.za can provide Telkom and Icasa with permission to prosecute people sending data across the road using license free mediums. They will never do this ofcourse because it will mean that the NPA must prosecute themselves. In terms of our law a person or institution like the http://www.fsb.co.za, http://www.icasa.org.za and http://www.bac.co.za can launch a private prosecution They first need to get permission though from Vusi Pikoli and John Welch the directors of prosecution at http://www.npa.gov.za. http://www.busrep.co.za/index.php?fArticleId=3698283 reports that the FSB and BAC have been given PERMISSION by the http://www.npa.gov.za to criminally prosecute Alexander Forbes and other individuals who asset stripped R900mil. A retired prosecutor is being paid by the FSB to ruthlessly gun for these people in a criminal court of law. Now why don't http://www.icasa.org.za and its master http://www.telkom.co.za settle this issue concerning fiber,copper,data and wi-fi crossing the road illegally as p.110 and p.28 of the ECA clearly states. The ECA clearly states on p.110 that Act.96 is still in full force, nothing has changed other than Icasa has now full powers over private estates as well. Why don't Icasa and Telkom launch a private prosecution?! Is the reason perhaps this has not happened http://www.buys.co.za and http://www.nicciferguson.co.za that the http://www.npa.gov.za have told Telkom and Icasa to get lost? And come to think about it why don't all you lawyers go and ask Vusi permission to prosecute somebody for some or other compliance law. Just think how much money you will make!

Walll of seperation between SAPS, http://www.npa.gov.za, Legislature and Judicial
Our constitution has seperated these pillars of our criminal justice system so as to protect South-Africa against state terror. The South-African police force consists of 90% ANC government supporters. The SAPS is largely a political institution loyal to the government, which is why it is so important that they can't prosecute anybody. The news media has reported on the mafia links of the commissioner of the police Jacki Selebi for example. Now could you imagine what would happen if Jackie Selebi had the power to investigate and prosecute? You would have Cambodja style state terror. For the same reason parliament can concot any law it want's to. But that same bribed legislator can't now go and investigate and prosecute you for ignoring his own little tyranical self serving law. For example the RICA Act is just a ruse by the ANC to squash free speech. The corrupt members of government have this slight problem that the http://www.npa.gov.za actually reads the stories about corruption and then tends to investigate and proscute. So they will do everything in their power to silence the press. Because the Internet is becoming the new press medium and the ANC want's to have a realtime database of everysingle IP number and ID number so that they know who is saying what. With DecentralisedNetworks this becomes impossible.

The http://www.npa.gov.za prosecutes and investigates, but the SAPS can only investigate and then present the evidence to the http://www.npa.gov.za. The legal fraternity in general and the news media are involved in a vast conspiracy to prevent this very simple fact National Prosecuting Authority Act, No 32 of 1998 from being known by the public. We are constantly told for example about some hairbrained compliance law such as PAIA, RICA, ECA, Telecoms act.96 Yet if you look closer you will note that not a single person has ever been prosecuted in terms of such a law. Why out of the millions of people would the http://www.npa.gov.za choose you to make an example off? Naspers is a Vans license holder via http://www.mweb.co.za It has no choice but to comply with RICA and not because it is terrified of the http://www.npa.gov.za. Naspers would be crippled while the rest of South Africa just ignores RICA implementing Voip services via MeshNetworking and a TelephoneNetworkRollout.

The NPA uses the laws that parliament enacts to hunt down real criminals and protect South Africa from external threats such as the near takeover of South-Africa by muslims using Zuma a trojan horse. Such was the case with the Corruption act. It is the most widely drafted law in the world that ANC inner circle drafted in a frantic attempt to prevent Col. Kadaffi from becoming turning South Africa into a muslim caliphate. Had Zuma become president the floodgates for Arab immigration would have been thrown open. Everybody is terribly confused: The laws parliament draft doesn't mean that the NPA must now automatically enforce such a law, it means that they have another tool at their disposal to hunt down the enemies of South Africa. It is entirely upto the NPA wether to enforce a compliance law or not. This is not the decision of the SAPS, ANC, Judicial and lawyers or anybody else. Do you think that people having a braai besides the road while planting their own telephone poles for a community telephone network are the enemies of South Africa? Yes, they are the enemies Telkom and its get-rich-quick friends in the ANC, but are they an actuall threat to South Africa? This is for Vusi Pikoli to decide ...... sigh ......

Electronic communications Act is a speech control law
The ECA, Telecoms Act.96, RICA act, Icasa Amendmend act, Broadcasting act are in essence a ruse that the government uses to suppress free speech. If everybody can establish their own broadcasting stations via DecentralisedNetworks then fraud, corruption and criminal wrong doing will be exposed and it would be impossible to suppress the information. The http://www.npa.gov.za is far more interested in haveing an open line of communication to the public telling them about the criminals and scams than about protecting Smuts Ngoyama's cashflow from Telkom.

Aerosat ripped up a court order
http://www.aerosat.co.za took Icasa to the high court in 2004. Download the judgement from

* http://wwwserver.law.wits.ac.za/echc/judgment.php?case_id=13033 Aerosat vs. Icasa Icasa confiscated a PC and PCMCIA cards which was used to send data across the street. "...According to Smith the second respondent seized from the premises inter alia a personal computer tower and two PCMCIA cards." ''p.10 [31] The drawing depicts a computer tower fitted with two PCMCIA WLAN cards. It has a LAN cable connector which is used for connecting it to internet feed. The computer tower has two antennae attached to it. One is an omni directional antenna used to supply end-users around the main sites. The other one is a directional antenna used between main sites, across the roads and suburbs.''

[32] It is common cause that when all these components are connected together they constitute a radio apparatus which is capable of transmitting or receiving any signal by radio within the meaning of s 1 of the Act. The fearless Aerosat by incredable bravery defied two sections of Act.96 in 2004: In possesion on non-type approved radio equipment and they sent data across the road. If they had used Fiber or Copper they to send data across the road they would have been in violation of only the "data across the road" part.... section.32 of Act.96 p.14 [44] On the other hand, Ms Moroka SC, Counsel for the respondents  submitted that the applicant was in  possession of a radio apparatus in contravention of s 31 of the Act from which it provided a telecommunication  service in contravention of the provisions of s 32: without the radio apparatus  the applicant would not be able to provide a telecommunication service ... Section [44]  p.14 makes it clear that Aerosat violated TWO sections  section 31 and 32. Aerosat commited three offences:

* Sent data across the road. (could be any medium, fiber, copper or radio) * Used an illegal non-type approved radio apparatus (2.4ghz). * Violated a court order by removing the red seals and reinstalling their equipment. Aerosat was never charged by the police for these three offences. It just shows what a joke our legal system is! This bold act of defiance by Aerosat was the inspiration for everybody else to establish wireless towers. Icasa eventually gave up on confiscating Wi-Fi equipment because they were openly mocked by the public and held in contempt by bemused SAPS and http://www.npa.gov.za who could'nt understand what all the fuss was about. The civil case between Aerosat and Icasa was to an attempt by Aerosat to get their PC and Wi-Fi equipment back that Icasa confiscated. The exact same stuff you can buy at Incredable Connection. If you read the actual transcript of the court case you will note that the judge specifically said that Act.96 forbade data from crossing a road. The judge made a fuss about the data crossing the road part and using illegal equipment.

And thus wether you use a TelephoneNetworkRollout or MeshNetworking to send data across the road makes no difference - both Telephone poles and 2.4ghz are license free. So then why did the SAPS and http://www.npa.gov.za not rush to prosecute Aerosat? Because they specifically didn't want to establish a criminal test case in terms of Act.96. And the same goes for the ECA, Icasa Amendment Act, Broadcasting Act, RICA Act and PAIA Act. The SAPS and http://www.npa.gov.za unfortunatly can't shout it from the rooftops. It won't go down very well with the ANC that the only people who can enforce their rubbish thinks it is exactly that - rubbish. South Arica is one of the few countries in the world where you can openly mock and laugh at government gazette notices, because of the way the constitution was drafted. The ANC is not the highest law in the land. The ANC can't make a law, prosecute, convict and sentence you all at one go, these functions are carefully and painstakingly seperated in our constitution, to prevent South Africa from being the next North-Korea.

The mocking of Icasa by Uninet
,,Before being awarded a VANS license,,BR http://www.uninet.co.za defied Icasa time and time again. Icasa would dramatically seize their equipment only to have Uninet replace it the next day. David Jarvis told me that:"People are to afraid to question authority which is good for my business model" The real reason why he played the fool with Icasa was ofcourse not some sort of Cowboy bravado but the calm reasuring knowledge that the then NDPP Bulelani Ngucka would not become the stooge of Telkom nomatter what Telecoms Act.96 said. Five times the SAPS took a statement from Jarvis. Even if his lawyer http://www.nicciferguson.co.za had written on the charge sheet Bulelani is bang vir die Boere, nothing would have happened since neither Icasa, SAPS or the government can compel the http://www.npa.gov.za to establish a precedent. Note that the SAPS would not have dared to throw Jarvis in jail because a failure to prosecute would result in Civil damages claims against the SAPS, since there was no precedent test case basis for such a drastic step. The SAPS had no choice but to take a statement. Some Icasa official would arrive at the station and drag some hapless policeman along to take a statement. In contrast were a person to shoot in self-defence the SAPS has every right to charge you with murder and put you in jail, based on thousands of cases established by our courts. If no prosecution follows, you are not able to sue for wrongfull arrest. ,,After getting a VANS license from ICASA,,. So why did Icasa then eventually give Uninet a Vans license? Because Uninet will provide a service VAns or no VAns. Icasa was made to look like an idiot and thus to save face they had no choice but to give Uninet a VANS. At least now Icasa could claim they 'legitimised' Uninet. The reason Uninet don't use fixed wired links is because they would need your permission to plant a pole. In contrast Telkom doesn't need your permission. Data crossing boundaries is data crossing boundaries wether using 2.4ghz Wi-Fi or copper - there is no difference.

Ons bang hom die telefoon paal
Go ahead and ask these people to eplain to what exactly do they want the http://www.npa.gov.za to do to telephone pole planters - why is a TelephoneNetworkRollout so dangerous? Why do they fear bluegum trees so much and don't want you to plant one in your backyard or clamp your own wire to UseTelkomsPoles, what do they want Vusi Pikoli to do about it? Why do they think they have the right to dictate to private homeowners what poles they can't plant on their property. Why will Naspers never mention community CCTV and telephone poles.

* CLIFF DECKER ATTORNEY. Telecoms lawyer Janet Mackenzie (021) 481-6300 * http://www.nicciferguson.co.za * http://www.buys.co.za * http://www.michalson.com Michael Silber * http://www.cyberlawsa.co.za * http://www.legalbrief.co.za/ * http://www.icasa.org.za * http://www.telkom.co.za * http://www.naspers.co.za * http://www.itweb.co.za/ * http://wirelessafrica.meraka.org.za/wiki * http://csircoin.blogspot.com * http://www.dwc.za.net * http://www.pwp.za.net * http://www.jawug.za.net * http://www.ctwug.za.net * http://www.neology.co.za/ * http://www.poynting.co.za/ * http://www.wapa.org.za/ * http://www.ispa.org.za I don't know what the position of Tectonic is on bluegum trees. Perhaps you can find out at http://www.tectonic.co.za/default.php?action=contact - 083-267-7657, wether a telephone pole strikes fear and terror into their hearts and then post your reply here. How about it Alister, do TelephonePoles scare you? These people control the media, they appear on television, they entertain us with useless interviews with Icasa, make press releases, protest Telkom, talk about Ivy and DOC - everything but telling you to plant that TelephonePoles]. Your own [[TelephonePoles in your backyard is the forbidden subject - nobody dares mention it. Even IT professionals are to terrified to openly speak up. Just ask Tectonic to for once stop telling us about the joys of Linux and talk about the joys of TelephonePoles. Alister, Linux is not a goal in and of itself, it is merely a tool that enables communications and without our own telephone poles the power of Linux can't be unleashed. Rudolph Muller appeared with Icasa on television - solving nothing. But somehow it is supposed to make everybody feel better to talk and talk and talk. Endless talk - just don't talk about TelephonePoles. Enabling a TelephoneNetworkRollout is the forbidden subject on http://www.mybroadband.co.za because the Vansies are paying for the bandwidth which is over R20000/month.

Your obligation to the government according to the http://www.npa.gov.za
There is only one thing you must do and one activity you must not engage in according to the National Prosecuting Authority:. 1. Do not undermine the social fabric and economy of South Africa via violance, theft and fraud. The government ofcourse want's to go further than this and would love to draft a law forcing all non-disadvantaged to sing freedom songs for example. It is your duty to ignore the ECA, Icasa Amendmend Act, RICA and all the other rubbish the ANC has drafted. And it is the unspoken mission of the http://www.npa.gov.za to only enforce those laws which have a direct bearing on 1. If you obey 1 then you are the friend of the http://www.npa.gov.za and they will do everything in their power to prevent the Legislative from turning their friends into criminals. They do this by refusing to establish that very first test case or precedent. Once there is this test case then the http://www.npa.gov.za would have no choice but to prosecute all other cases in terms of this test case. Your duty is to protect your wife and kids and this God given duty transends the Electronic Communications Act. And in this duty you have the 100% backing of the National Prosecuting Authority, the branch that is above the Legislative where all the bribes are paid so that a few empowered ANC stooges can skim the top of Telkom by keeping South-Africa in bandwidth enslavement. They have drafted the ECA so as to protect their cashcow Telkom. Icasa's sole purpose in life is protect Telkom, but Icasa and the SAPS can't prosecute anybody - they can't establish that first test case which would allow Icasa to terrorise ordinary hapless South Africans. South Africa's constitution protects us against state terror.

What is the ultimate goal of communications
The ultimate goal is to engage in Voice,Video and Data communication anywhere and at anytime for free. It is that ,,for free,, part which scares Telkom. Telkom specifically don't want it for free. And what you do is write a plethora of laws trying to intimidate the public from forming a cooperative commons to enable unlimited for free communications. Which is why we have the Broadcasting Act, ECA, RICA, ICASA Amendmend Act etc. These are all laws trying so scare us. I am going to explain to you why you can openly mock these laws and why Billy Downer, John Welch and Vusi Pikoli from the National Prosecuting Authority(http://www.npa.gov.za) the http://www.npa.gov.za pillar of our justice system won't enforce Telkom mandated mind and speech control laws.

DSLAMs will impact Naspers DSTV venture
In rural areas copyright laws are treated with a form of mild contempt. If these areas plant their own telephone poles and install DsLam for everybody and just one person rebroadcasts over their own telephone network a soccer match from a DSTV decoder box to everybody else, it will impact negativly on Naspers. Thus http://www.naspers.co.za will loose control of their content, which is why I say http://www.naspers.co.za and http://www.itweb.co.za are in an conspiracy to prevent anybody from planting telephone poles. And it is not just underdeveloped rural areas but urban areas that a community telephone network will make it impossible for copyright laws to be enforced. Naspers is far more concerned about preventing DataConvergence via DecentralisedNetworks than solving the crime problem and it is about time that South Africans stop believing everything http://www.naspers.co.za tells them. Beeld are masters in faking some sort of concern about the victims of crime, they should rather explain why Vusi Pikoli the director of prosecutions won't prosecute you for planting telephone poles.

Icasa legal department




LEGISLATIVE seperated from the http://ww.npa.gov.zaBRANCH seperated from the Judicial
There are three legal branches. The legislative, http://www.npa.gov.za and judicial. The legislative branch of government gazettes the laws. The http://www.npa.gov.za branch(http://www.npa.gov.za) uses these laws to hunt down criminals and protect the social fabric. The prosecutors presents a case to the Judicial who must evaluate the evidence as laid out by the National Prosecuting Authority(http://www.npa.gov.za). The legislative can neither force nor prevent the http://www.npa.gov.za from prosecuting in terms of a law enacted by the Legislative. Our constitution has seperated these three pillars of our justice system so as to prevent '''Legislative, http://www.npa.gov.za or Judicial TERROR. ''' The agenda of Vusi Pikoli the NDPP and his eight deputy directors Billy Downer, John Welch etc. is not to turn the public into to criminals as some sections within the Legislative desire but to hunt down real criminals, much to the disapointment of VANS license holders, Telecoms firms, Telecoms lawyers and the legal fraternity in general. Something only becomes established as law once the Judicial rules on it. The three seperate pillars of our justice system are seperate so as to prevent Essop Pahad from making a law forcing all Umhlungus to sing freedom songs, prosecuting them if they don't and convicting them. Lets presume that Essop Pahad part of the Legislative drafts a law forcing all non-disadvantaged to attend heritage day celebrations. Now do you really think the http://www.npa.gov.za Billy Downer is going to force his friends and family to attend. If he won't do it inspite of what the law says then how could he possibly prosecute you for not singing freedom songs?

Some would say that such a law must be ignored because it would be ridiculous. Ridiculous according to whom? According to the public maybe, but what do we do if the http://www.npa.gov.za doesn't think it is ridiculous? And this is crux of the matter when it comes to the compliance laws like the Icasa Amendmend Act and Electronic Communications bill - when you speak to a Telecoms lawyer, Icasa or [:NewsMedia:http://www.naspers.co.za] legal division it would be the same like asking Essop Pahad's view singing freedom songs: You are speaking to the wrong people. Only Billy Downer, John Welch and Vusi Pikoli has the power to establish a precedent - the first test case. If they are of the view that their friends and family should all pay 10% of their lifetime earnings to Telkom so that BEE Smuts Ngoyama can rake in R200 million then we have a problem on our hands. There is nothing the SAPS can do to a person who violates a compliance law if there is no test case. The SAPS view on the matter would be irrellevant - only the National Prosecuting Authority's view would be important because only Vusi Pikoli, John Welch and Billy Downer can  establish that first test case. It is this specific information the legal fraternity don't want you to know because they want you in a constant state of fear so as to scam money out of you as you comply with a compliance law.

Once a precedent is established the http://www.npa.gov.za will have to live with the consequences
Vusi Pikoli the National Director of Public Prosecutions (NDPP) doesn't view stealing out of hunger a crime and is trying to find a way of stopping criminal prosecutions involving such cases. Since there are thousands of test cases establishing the legal principle that all theft no matter what the reason is a criminal offence, Pikoli has no choice but to prosecute if the evidence is good. This is in terms of our constitution. Our constitution gives the directors of the http://www.npa.gov.za sole discretion wether they will prosecute the first case in terms of a certain law so as to establish a precedent. As far as all the other compliance laws are concerned the question is:"Would Pikoli and his eight directors Welch, Downer etc. actually want to criminilize normal human behaviour such as communicating across boundaries?" The fact that Pikoli doesn't even want to prosecute stealing out of hunger provides stong evidence that he won't enforce laws we the public find morally reprehensable like the old Telecoms Act.96 and the new ECA(Electronic Communications Act).

Agenda of the Legal Profession
They would love to have every South African turned into a criminal by falling foul of some hairbrained compliance law. They will make millions like in America where Legislative Terror wrecks peoples lives. The only thing preventing this is the Seperation of the Legislative from the http://www.npa.gov.za headed by Vusi Pikoli. Vusi can't be bribed and won't allow himself to be used by the legal profession to turn ordinary citizens into criminals. The love of money is the root of all evil. The evil South African lawyers are flagrantly lying to con money out of fools who don't understand how the directors of prosecution operate and how our constitution protects us against evil legislators trying to defraud or enslave the public.

Is anybody at present violating the ECA?
Yes, anybody sending data across the street. Since they are providing a service without a license which is forbidden in the ECA. . So in other words if Icasa tells you that you can't lay a fiber from Welkom to Bloemfontein across all the farms then what Icasa and the Telecoms lawyers seemingly don't understand is what exactly do they want Billy Downer and John Welch to do about it? For Icasa and Telkom fiber over a long distance would be a major crises and they would plead that Welch prosecute and establish that first precedent. But for Welch the nightmare now only begins. For next are the Internet Cafe's and every other entity providing a service either inside or crossing a boundary with a data service - since a precedent has been established. Such a fiber case can't be seen in isolation but in the light of the ramifications it will hold for the http://www.npa.gov.za, the whole future of data communications and our economy. Some people think that if they secretly sneek cable under the road using the 007 license that they are safe. Not really, Telkom, Icasa are'nt stupid they know full well about these cases. Infact if you go to HorizontalDirectionaldrilling and look for the cell number of Andrei he will even tell you where he has tunneled under the road.. So wether you use the 007 or 'dapper muis' license by taking out full page advertisements in the Sunday Times "Mocking Icasa - openly planting telephone poles" will make no difference - Welch, Downer and Pikoli simply won't establish that precedent no matter what you do or say. If it were this simple to get the NDPP to prosecute then certain Telecom firms in South-Africa would pay a Big5 gang member R100 000 to delibratly plant telephone poles - just to establish a precedent. You get people who have absolutely no fear of jail - it is a second home to them.

BL Construction DitchWitch agents
BL construction (See HorizontalDirectionaldrilling) latest project was to link a whole street of houses via the pavement in Stellenbosch using Trenching and HDD. He said that the Stellenbosh residents who refused to have their pavements lifted for underground cabling had absolutely no problem with the HDD and TrenchingEquipment - It found immediate and widespread social acceptance.

Act.96 still in force with the ECA
From reading p.28 and p.110 of the ECA it is clear that Act.96 is still in force. Download it from http:/www.icasa.org.za. Data is still not allowed to cross boundaries using either legal or illegal equipment. Yet everybody is sending data across the road using Wireless. And if you phone Andrei(  082 569 9154   ), Corrie (083 413 1027) or Neil(082 807 5800) under the section HorizontalDirectionaldrilling they will tell you where they are laying cables under the road using a HDD. The medium wether 2.4ghz, copper or fiber is not the issue it was and remains wether data is crossing the road. Aerosat and Icasa should never have brought this case to court. All they wound up doing was showing just what a joke Icasa really is. For the agenda of http:/www.wapa.org.za is to create some sort of illusion that if you subscribe to a WISP as a member of the public that it is somehow "legal" for you to send data across the road back to  this Wisp and that only a WAPA member can get prosecuted. Nowhere under Act.96 or ECA does it say that somehow a subscriber to a Wisp is not guilty - only the service provider. No, both parties are using legal 2.4ghz equipment( Icasa eventually legalised 2.4ghz equipment) to send data across the road or to provide a telecoms service was in violation of Act.96 and is in violation of the ECA. People just don't realise how ridiculous the ECA is. Should the http://www.npa.gov.za criminally charge a WISP or http://www.wapa.org.za member and obtain a conviction, they will then have to hunt down every single subscriber to this WISP. I am at a complete loss for words as to why the South African public just don't get it: Both Wi-Fi and Fiber crossing the road are illegal. And if Icasa is openly mocked and laughed at concerning their hollow threats of 2.4ghz crossing the road then why don't the public also openly mock Icasa by uploading to http://www.youtube.com videos of them laying fiber and copper under the road? Can South-Africans really be this stupid?

If the http://www.npa.gov.za establishes a precedent on Fiber, Wi-Fi users will also be prosecuted
There is a vast conspiracy by http://www.naspers.co.za, http://www.itweb.co.za,  http://www.wapa.org.za, http://www.buys.co.za and http://www.nicciferguson.co.za, http://www.ispa.org.za to confuse the issues concerning data crossing the road and providing a commercial service. Lets presume John Welch the director or prosecutions actually hauls Corrie Scheepers (See HorizontalDirectionaldrilling) before court and gets him convicted laying fiber under public roads: Establishes a precedent that sending data across the road is illegal. But now every single Wi-Fi user is inadvertantly sending data across the road because it is impossible to limit the signal inside a boundary. And thus every single Wi-Fi user will have to be prosecuted if such a precedent is established. Naspers is not making this clear in it's publications because it is a VANS license holder via M-web and is also trying to protect its Multichoice satellite venture from decentralised DataConvergence. Yet Naspers has the gall to fake some sort of concern over the crime problem. If Naspers were really concerned, they would explain to their readers that DataConvergence via a TelephoneNetworkRollout is the only solution to our Telkom and crime problem.

Logical contradiction in Act.96 and ECA
There is an internal logical contradiction in the ECA p.110 and p.28. As stated the ECA is just a continuation of Act.96 with just vastly more powers to Icasa then under Act.96. Wi-Fi devices were legalised in 2004. Since they can't do anything else but send data across a road how on earth could the ECA then ban data from crossing a road using a device that the ECA considers legal? These are the sort of issues that http://www.itweb.co.za refuses to discuss.

World Wide Worx is confused
Arthur Goldstuck from Worx writes from the perspective of the public never actually laying fiber under the roads. This is his premise. He never addresses the issues I am discussing here. The entire IT industry is cowering in fear infront of Telkom, Naspers, Vodacom, MTN. Question to Mr. Goldstuck: What is the difference between fiber data crossing a boundary and Wi-Fi data crossing a boundary? He never mentions the word DsLam for example. A DsLam is the most powerful communications device known to mankind on a cost-performance basis. Which is why Telkom uses it. Hardly anybody knows that an ADLS modem connects to a DSLAM. Everybody associates ADSL modems with Telkom. No, Telkom is just a telecoms firm that happens to use a DsLam. And so can you! You must just muster the courage like Holiday Inn and actually import that DsLam from http://www.versatek.com. And perhaps ask mr. Goldstuck what he thinks about people turning themselves into mini-Telkoms by using a DsLam? All his publications are from the assumption that we the public won't emulate http://www.neology.co.za in placing MeshNetworking Wi-Fi highsites on a TelephoneNetworkRollout. Neology places Wi-Fi towers on Pretoria council's fiber back-bone. Why are you assuming this Worx and if you don't then please state so and clarify your position?

Thousands have died because of no bandwidth
Thousands of people have died as a direct result of there being no bandwidth. Without bandwidth CctvCameras are useless. And without CCTV watching the streets people are dying. I hold the the compliance lawyers and Vans license holders directly responsable for this. They never told the nation that the National Prosecuting Authority will never enforce the ECA, just like Act.96 ( using legal mediums) was never enforced. Next time http://www.naspers.co.za gets all worked up over the crime problem and starts attacking the ANC ask them about the plant and construction people HorizontalDirectionaldrilling laying fiber under the road and why Naspers never makes mention of this.

The South African Wi-Fi industry
http://www.miro.co.za,  http://www.poynting.co.za  and http://www.jawug.za.net are heavily involved in the resale of wireless devices. They are as enthusiastic about a TelephoneNetworkRollout as taking cough medicine. The owner of http://www.jawug.za.net  who are in association with http://www.neology.co.za tells people who ask him about using fixed wired connections that it is "illelgal". This is a deliberate misrepresentation of the truth so as to protect their financial interests in Wi-Fi. They would rather sell you a Linksys WRT54g box then have you import your own DsLam. As I explained under WirelessComparedtoTelephonePoles on should combine DsLam with MeshNetworking so as to preserve our precious 2.4ghz spectrum from RF pollution. http://www.neology.co.za are using council fiber to do exactly what I have proposed under TelephoneNetworkRollout and therefore http://www.jawug.za.net would not want anybody else from emulating them. If you meet Roelf Diederiks the owner of http://www.jawug.za.net ask him to explain to you why he is placing Linksys WRT54g Wi-Fi routers on Pretoria councils fiber network but doesn't want the public to emulate him via a communtiy TelephoneNetworkRollout and MeshNetworking combination. He is the moderator of the http://www.mybroadband.co.za/vb Wireless forum. His nick is TheRodent. http://www.wapa.org.za are only using Wi-Fi because it is the only way to maintain control over the network. They could just as well have planted telephone poles in everybody's garden but unlike with Telkom the poles would not be their property. Or a member or the public can instead of using 2.4ghz Wi-Fi to connect to a http://www.uninet.co.za tower plant telephone poles and string copper over public roads and physically plug it into Uninet's tower - there is no difference between the two. Yet http://www.itweb.co.za, http://www.nicciferguson.co.za , http://www.ispa.org.za and http://www.buys.co.za are doing their utmost to confuse this specific point. Some http://www.ctwug.za.net, http://www.wug.za.net members work for http://www.miro.co.za who are selling Mikrotik Wi-Fi solutions. They have a distinct lack of enthusiasm for TelephoneNetworkRollout. The owner of http://www.ctwug.za for example sells Mikrotik routers and Wi-Fi gear. But why don't you go on their forums and ask them?

* http://wirelessafrica.meraka.org.za/wiki * http://csircoin.blogspot.com * http://www.dwc.za.net * http://www.pwp.za.net * http://www.jawug.za.net * http://www.ctwug.za.net The Wireless Internet service providers http://www.wapa.org.za, http://www.ispa.org.za,  Telkom, Icasa, Naspers and other Vans license holders are  constantly at each other over the cost of bandwidth. What they collectivly oppose as one man is you planting a telephone pole. That is the greates threat to their business model. They want to prevent the public from enabling their own decentralised DataConvergence process outside their own little fiefdoms.

If something is illegal then the law must change
Everybody openly mocked the government gazette notices banning 2.4ghz gear. So instead of looking like an idiot Icasa had no choice but to ask the government to legalise 2.4ghz equipment since the http://www.npa.gov.za refused to prosecute people violating the government gazette.

Wireless data and copper data crossing boundaries
What is the difference between wireless data and copper data crossing boundaries? There are none. So why then do the public and IT industry suffer from some sort of mental block when it comes to running fiber and copper across the road? By its very nature it is impossible to prevent Wi-fi data from crossing the road. Wi-fi is an entrenched industry. On what basis would Icasa be able to ban DsLam and fiber data from crossing the road?

Licensed and unlicensed communications media
900mhz is a licensed spectrum. Fiber, 2.4ghz and copper are unlicensed communications media and spectrums. The http://www.npa.gov.za would never allow Telkom to instruct the Scorpions to engage in covert operations to uncover hidden copper wire crossing roads or being used to sell commercial Internet data. Act.96 specifically forbade all data from crossing boundaries. There was not a single criminal prosecution in terms of Telecoms Act.96 Icasa pressed charges with the police though, but the SAPS can't prosecute anybody, they can only submit it to the Director of Prosecutions who did not, will in eternity not prosecute anybody for building a private Telephone exchange using license free mediums.

Are there any precedents?
If there has not yet been a test case - that very first case that goes to court then the http://www.npa.gov.za has complete leverage. For our constitution dictates that only the http://www.npa.gov.za can decide wether to procede or not with the first case. Out of all the millions of people the NDPP could possibly pick to establish a precedent for failing to comply with a compliance law why would it be you? And once a precedent has been established the http://www.npa.gov.za now has no choice but to prosecute all such cases brought to it by Telkom's stooge Icasa. In other words the Director or Public Prosecutions will now have to take direct instructions from the ANC empowered bigwigs scamming millions out of the public. Vusi Pikoli is of the view that stealing out of hunger should not be prosecuted. But there are thousands of criminal convictions establishing that stealing for whatever reason is a criminal offence. Because of these established cases the http://www.npa.gov.za has no choice but to prosecute common theft cases - much to the consternation of Vusi Pikoli the NDPP. It is utterly irrelevant what Icasa, Telkom and Telecoms lawyers tell you. What you do might be a violation of the ECA and would in all probability lead to a conviction in court. But if John Welch refuses to establish the first test case then all that is of academic importance. What Telkom is asking of Vusi Pikoli is to establish a precedent in terms of the ECA. Should Pikoli actually establish a precedent the http://www.npa.gov.za will become a flow-of-copper enforcement agency. This will happen the day hell freezes over. Since there are no precedents Vusi Pikoli can at his sole discretion decide not to become the DsLam enforcement stooge of Telkom - not to enforce the ECA. And this will be entirely constitutional as the constitution dictates that only the http://www.npa.gov.za can prosecute people: Not the SAPS, ANC, Telkom, M-web or any other vested interests can either force or prevent the http://www.npa.gov.za from establishing a precedent. This protects the public from Legislative Terror. In Russia for example Putin sends falsified tax returns to his political opponents. Putin himself can have anybody prosecuted. Our constitution has seperated the Legislative from the http://www.npa.gov.za from the Judicial  to prevent such Russian stile state intimidation.

PAIA Public Access to Information Act
With literally one hour left before Leon Wessels was ready to start ordering the SAPS(and how the SAPS resented this) to arrest people who failed to comply with the PAIA Act - Vusi Pikoli the protector of public agains LEGISLATIVE TERROR stepped in and had the PAIA ammended. The PAIA was an attempt by government agents to sink their claws ever deeper into business like with BEE. All the ANC succeeded in doing was to sjambok the creators of wealth by striking fear into their hearts. The National Prosecuting Authority came to the rescue and stopped the farce. The legal fraternity ofcourse feasted on the public as they scammed millions out of naive people who did not understand the seperation of powers between the LEGISLATIVE and http://www.npa.gov.za. Thousands of naive people made coo-coo clocks out of themselves by paying between R1850 - R50000. When you see that laywer again - he is laughing at you. He views you as a fool and a coward. The legal fraternity have been DECEIVING the public. They have deceived people by saying:".... it is illegal to send data across the street". By this they implied that:"The http://www.npa.gov.za just can't wait to prosecute you for laying a wire across the road" - which is not the truth - and they knew this. When these lawyers gave dire warnings of the terrible dangers in laying copper across the street they weren't doing it out of a genuine concern for your personal wellbeing, no they were scheming to prevent the public from finding out that none of these compliance laws will be enforced by the http://www.npa.gov.za. And thus we don't have to bother paying the lawyers to comply with it. Go ahead and phone http://www.buys.co.za and http://www.nicciferguson.co.za and ask them of just one single pending case before the courts concerning the ECA. There was not a single attempted prosecution in terms of Act. 96 concerning legal equipment sending data across boundaries, why would the http://www.npa.gov.za now suddenly make a fuss over copper and fiber? The banks and other large corporations though, are complying with PAIA not because they are terrified of Pikoli but because of their public image etc. Large corporations are in the business of making money not explaining to the public that half the members of the Legislative are confused about our constitution.

The Broadcasting Act
The Broadcasting Act really is an attempt to stifle free speech. Under the previous Broadcasting Act a satellite content provider streamed video from Europe to South Africa. The content provider made a civil case before the High Court opposing the Broadcasting Act. They were opposed by Icasa. They lost the case in the High Court and suspended the video stream because it wasn't financially viable anymore. Nobody was ever prosecuted under the Broadcasting Act even after loosing a civil court case. Vusi Pikoli simply refused to take orders from Telkom's stooge Icasa. Icasa did press charges with the police against the company who violated the Broadcasting Act - much to the amusement of the SAPS. All the Act really achieved was to sink any commercial venture in broadcasting content to the public. The Act had criminal penalties but this was never the reason why entrepeneurs didn't violate the Act it was purely out of monetary considerations. The shyster lawyers though would roll their eyes and clutch their breast and gasp for air in a dramatic attempt at dissuading a community based broadcasting effort simply because this would undermine the commercial position of their clients. Vusi in contrast couldn't care less what you broadcast as long as you don't used licensed spectrum. The danger that a criminal conviction holds for CCTV broadcasting is severe. If that first test case or precedent is ever established by the http://www.npa.gov.za on Icasa's instructions then what would be the status of CCTV? By any number of creative means one would be able to argue that a private company like Cue Incident is 'broadcasting'. Why would the http://www.npa.gov.za establish a test case that could potentially be used by Icasa to ban CCTV? The difficulty with CCTV is that if it uses the IP protocol then the same wires streaming security footage can also feed a Telkom Internet link to everybody. It would be impossible to seperate the two. Icasa and Telkom have for example not said a single word about this - mindful about the impact it will have on their image. Many people build a network to stream Internet data but claim it is for CCTV, the CCTV is only used a ruse. Trying to regulate the usage of protocols by Icasa will bog the http://www.npa.gov.za down into a swamp of litigation. Which is why it is so important that you understand the Broadcasting Act is to be openly ignored until the http://www.npa.gov.za says something about it.

Icasa tried to bypass the SAPS in drafts of the ECA
Icasa had inserted into drafts of the ECA that they could bypass the SAPS and go directly to the National Prosecuting Authority. Vusi Pikoli got wind of this and made certain that this clause was removed in the final act. Icasa like the rest of South-Africa can't just go directly to the Scorpions they must go to the SAPS who treats Icasa with contempt. The police has no interest in becoming a copperwire investigative agency and neither do the Scorpions.

Of all the compliance laws why the focus on the ECA?
Money: Big money is involved. Telecoms turnover in SA is around R100 billion. Telkom and the ISPs simply had the ECA drafted so that their commercial interests are protected. They are just hoping that nobody informs the public that the NDPP don't take instructions from Telkom. And since there are no precedent criminal convictions in terms of the ECA the http://www.npa.gov.za can't be forced to prosecute like with common theft cases for which there are thousands of precedents. Dene Smuts from the DA who was activly involved in drafting the ECA reacted with dismay to the Alec Erwin's West-Coast fiber optic link. The DOC (Department of Communications) even piped up with:"... Erwin will need a license". This is an attempt to prevent significant international bandwidth from being sold in South-Africa because of the small user base. If you have to much bandwidth it will become essentially worthless to Telkom and the ISPs and dent their revenues. The ISPs don't want you to plant telephone poles because they need to everybody on a Telkom centralised network.

Cutting lines of the Marines in Iraq is an act of war
We are in a low intensity conflict in South Africa that could have been halted back in 1996 if the public had setup their community telephone exchanges. We are constantly told that we must all cooperate to end the crime problem yet how does one cooperate if you can't communicate via a decentralised hub? Once there is unlimited local loop broadband between houses, the CCTV applications will be setup by residents and the crime situation will be resolved. But this can't happen without you allowing that TelephoneNetworkRollout.

Will the SAPS not throw me in jail if I violate an Icasa directive?
If there are no precedents then no they won't. Lets take for example the a differenet compliance law that states you may not have alien species on your farm. Not a single farmer has yet been charged over this. Yes, the SAPS can take a statement though. But if they throw the farmer in jail and the http://www.npa.gov.za refuses to prosecute then the SAPS can be sued for damages. Because you will have a situation where the police would lock-up all the farmers every weekend after finding an alien species on their farm. In other words we would have police terror. Our constitution has been finely crafted to eliminate abuse of power.

Telecoms Act.96 was violated by everybody
Any enforcement of Act.96 by the http://www.npa.gov.za wouuld have resulted in the vitual shutdown of communications in South Africa. If the http://www.npa.gov.za didn't criminally prosecute a single person under Telecoms Act.96 then why would do so on under the Electronic Communications Act on Telkom's instructions?

The status of Telephone poles and 2.4ghz Wireless devices are the same:

 * Both facilitate the transmission of data either inside or over a boundary and both objects are license free * Telephone poles allow for unlimited bandwidth and can scale to any size. * Wi-Fi needs Fresnel zone clearance and are prone to RF interference. * Wireless is limited in bandwidth and can't scale beyond a certain size and is not a serious threat to http://www.naspers.co.za, Telkom and Icasa. * By its very nature it is impossible to prevent a Wi-Fi signal from crossing a boundary. *Should there be a precedent conviction over laying fiber across a road then every Wi-Fi user will also have to be hunted d down. Icasa was forced to eventually accept Wi-Fi. But the same concept applies to fixed wired. Why does the IT publication industry and the public have no qualms about setting up a network using Wi-Fi but not telephone poles?

Factually and legally correct statements vs. hotair
Icasa and their lackeys the Telecoms lawyers are making factually and legally incorrect statements. They dramatically declare that:".... planting telephone poles is illegal in terms of the law". The truth is that this can only be established by a judge ruling in Icasa's favour in a criminal trial. Since there are no precedents neither under the old Telecoms Act.96 nor ECA and Icasa Amendment Act we only have various interpretations of what the law says. The Telecoms lawyers and Icasa have their self serving biased view in the hope of protecting their influence and customers from the might of a public shareing the cost of telephone poles and Dslam. Since the http://www.npa.gov.za can't be forced to test which interpretation is correct in a criminal trial, all parties should refrain from making grandious declerations of what is legal and not.

Farmers can link tows via Fiber Optics
Farmers can now link say Welkom with Bloemfontein via a Fiber Optic cable. Icasa will ofcourse have a heartattack over it. But safe in the knowledge that the Icasa Amendment Act doesn't give them the right to destroy the cable only inspect the cable; there is nothing thus they can do about it other than bugging some bemused policemen to take a statement. With Vusi Pikoli protecting you against Icasa and the SAPS there is nothing to fear.

Laws the SAPS wants enforced but the http://www.npa.gov.za don't want to
The relicensing of guns under the Firearms Control Act(FCA) is something that the SAPS as an extension of the government want's to enforce. The http://www.npa.gov.za on the other hand considers relicensing unconstitutional. The ECA, PAIA, RICA and Broadcasting Act is an example of laws that both the SAPS and http://www.npa.gov.za don't want to enforce. The Scorpions is the police force of the http://www.npa.gov.za. So in essence we have two police forces one with the right to prosecute and investigate while the other can only investigte and present the evidence to the http://www.npa.gov.za. Needless to say this has lead to a lot of friction between the two. One can view Icasa as empowered Smuts Ngoyama's Telecoms police force with its particular agenda.

M-WEB as a JSE listed company has to comply
M-web part of [:NewsMedia:http://www.naspers.co.za] has no choice but to comply with all the laws governing an ISP. This is purely because of their corporate image that they need to protect. They can't say the stuff about these compliance laws that I am saying. Their shareholders and the general public are hopelessly to stupid to understand the fact that only Vusi Pikoli has the power to enforce these laws.

Local council PTN license and private persons streaming CCTV
Council and a private company Cue Incident are streaming CCTV data across boundaries. Council uses their PTN license. But at which point is Cue Incident or other companies streaming data not in cooperation with council?

The Christian perspective
Communications goes at the very heart of human existance, if we can't communicate we can't have our being. Genesis 1:".... and God said: Let there be light" BR John chapter 1 says:".... in the beginning was the Word and the Word was with God and Word was God." BR The bible says further:"... by your words you shall be condemned and by your words you shall be justified." The whole idea is to have virtually free voice, video and data anywhere at anytime in this country so that the Gospel can be streamed. When Christ said:".... take the Gospel into all the world", he meant to take the Gospel via the then known communications medium the human voice. The face-to-face contact between people. Today the Gospel can be brought viaDsLamsignals over Copper. By planting telephone poles censor free information can be streamed via anOnionServerto everybody else.Imagine that digital communications existed back then, would Christ not have said something about using such a medium to spread the Gospel and how it would have been your Christian duty to defy an organization like Icasa? Who do you fear most - Jesus Christ or Icasa? The early Christians paid with their lives for spreading the gospel, what is so terrible that could happen to you if you allow that pole in your garden? As a Christian to refuse that telephone pole means you are activly preventing the Gospel from being spread. One can understand that you might not have the money to help fund such a rollout but to not even provide permission for wires to cross your property I would ask that you prayerfully reconsider the case for a TelephoneNetworkRollout. The medium is the message: Naspers is publishing articles denying the resurrection of our Lord Jesus. They control the print media. A telephone pole in your garden would at least be a start to wresting control away from these publication houses with their Godless views.

Naspers don't want you to plant telephone poles
Naspers shapes public opinion and are protecting their own interests. The established newspapers don't want yet another entrant into the printmedia to compete with them on the stand at CNA. The mass media keep on telling us about the crime problem and how the government must solve the problem. Why don't they tell people to plant telephone poles and stop the crime via CCTV in addition to lambasting the government? Because such a CCTV network won't just remain limited to CCTV, it will enable everybody to essentially become their own publication and broadcasting enterprise. At present there are huge barriers to for example stream television stations from Europe. It simply cost to much money for any individual to attempt. But if South-Africans plants telephone poles and everybody collectivly shares the cost of the infrastructure  and links upto to SateLlite then the barriers to entry becomes virtually zero. And this is why the Naspers South Africa aren't really interested in solving the crime problem: They will be eliminated with the crime problem. For the crime problem will be solved indirectly via the IP protocol streaming CctvCameras footage in addition to Internet data via a DsLam. Internet data over DsLam will subsidise the rollout of CctvCameras and a fiber IP network enabling the convergence of voice, video and data. What the http://www.naspers.co.za don't want is for this convergence to happen via DecentralisedNetworks because they will be excluded. The problem is solved be explaining to the nation that planting telephone poles will enable the public to leverage the considerable security apparatus of the state.

We are told that everybody should plant at least one tree a year. This is commendable because it uplifts our community and sense of accomplishment by doing something constructive. In the same way planting of telephone poles to extend our lines of communication will focus South-Africa's present negative energies into doing something constructive for this nation and it's people. What is standing in the way of this happening is a entangled web of lawyers, Icasa, Naspers, BEE empowerment recipients all scheming to prevent the public from forging DecentralisedNetworks. And since there are no networks the public can't assist the government in the fight against crime. The legal fraternity in particular don't want the public to understand that only the http://www.npa.gov.za can establish that first test case in court - not the SAPS, ANC, Naspers, Icasa, Telkom or any other person trying to protect their vested interests. At present you phone somebody at 10111 who is on lunchbreak to get police responce. But with http://www.eblockwatch.co.za you phone Andrei Snyman who will escelate the call to the correct person using the 900mhz medium. With telephone poles the same network of cooperation can be achieved using the medium of copper, fiber,BroadbandOverPowerlines and MeshNetworking. The convergence of voice,video and data via a DsLam, DecentralisedNetwork is what http://www.naspers.co.za fears the most. Crime isn't really Koos Bekker the CEO of Naspers problem - he has enough bodyguards to protect him. His problem is preventing thousands of little Nasperses from arising out of the paradigm shift that will happen once the public engages in a TelephoneNetworkRollout. The ECA is the ruse they want to use to prevent you from becoming the next Naspers, too bad the http://www.npa.gov.za don't take instructions from Koos Bekker.

Telephone Poles will make Icasa irrellevant
Icasa generates income by awarding licenses and needs to prevent telephone poles from threatening those license holders income stream like for example VANS license holders. M-Web has a VANS license and is owned by Naspers. Cooperating DecentralisedNetworks will result in Icasa becoming irrellevant.

Media publications referencing the ECA
http://www.engineeringnews.co.za/eng/sector/telecoms/?show=97854

RICA and Film and Publication Amendment Bill
http://www.itweb.co.za/sections/telecoms/2006/0611241037.asp?A=2010&S=2010&T=Section&O=ST "...The Rica legislation is of greater concern, Silber noted. As it stands at the moment, everyone using a fixed-line or Internet service in this country – regardless if it is Internet service to a home, or from a hotspot or wireless – should be registered as a customer by the relevant Internet service provider, he explained. This includes providing a photocopy of an ID certified by a Commissioner of Oaths, plus proof of address before that service is switched on. [:ItwebRicaSilbertArticle:ItwebRicasilberArticle] ''... The Rica legislation is of greater concern, Silber noted. As it stands at the moment, everyone using a fixed-line or Internet service in this country – regardless if it is Internet service to a home, or from a hotspot or wireless – should be registered as a customer by the relevant Internet service provider, he explained. This includes providing a photocopy of an ID certified by a Commissioner of Oaths, plus proof of address before that service is switched on.''

Are'nt you glad Michael Silber(http://www.michalson.com) that the Legislative is seperate from the http://www.npa.gov.za? Or perhaps Silber should place a quick phone call to the http://www.npa.gov.za and ask them for permission to prosecute anybody violating RICA. These two laws violate our constitution. What is it that these compliance lawyers just don't understand? What is really going on here is that M-Web can't just ignore the RICA act like Joe Soap can. It will have huge financial implications for M-Web. So now M-Web is frantic that the public don't find out about this because everybody else will ignore the RICA act with financial consequinces for M-web. Money is involved. The lawyers are'nt concerned about you personally, they are concerned about the effect RICA will have on their paying customers like M-web. ...“This is hugely problematic because we are trying to create an unwired, or wireless, connectivity cloud for World Cup 2010 where people will be able to communicate with loved ones, to submit comment, to write in their blogs, both inside and outside the stadium. Exactly why Vusi won't establish a precedent because the Scorpions are hunting down real criminals not trying to ban free speech like the ANC is trying to do by using RICA as a ruse to accomplish this. If it is ... hugely problematic to silber then perhaps it is .... hugely problematic to Pikoli who isn't some sort of brutal Robocop trying to enforce the fantasy world the ANC envisions for South Africa. Please Mr. silber don't make M-web's problem our problem. Our SateLlite provider don't care what I do with the data, they laugh at RICA. RICA Act is a severe danger for Vodacom and MTN. If the government makes it impossible for people to have a cell connection then VOIP over MeshNetworking on the 2.4ghz spectrum creating MeshCellPhoneExchanges will be used. But why don't you double check with Mike Silber himself, he lists his cell number on his website here http://www.michalson.com/our_people.php. Give him a call at 082 773-1288 and ask him.

http://www.iweek.co.za/ViewStory.asp?StoryID=169489 ''...Another fly in the ointment is Icasa's new licensing regime, which may come into effect as late as 19 January 2009. Silber observes that under the old licensing framework, all activities related to the provision of a particular service are vertically integrated. Under the convergence model, vertical separation is sought between infrastructure, network, applications and content''. And we can ignore this lunacy from Icasa since we are protected by John Welch, Billy Downer and Vusi Pikoli .... sigh .....

Cost of satellite equipment represents a barrier to entry into http://www.naspers.co.za domein
Naspers owns Multichoice. The satellite provider who challenged the Broadcasting Act in 2006 hacked the Multichoice box to stream their data, thus forcing Naspers to subsidise their data content. This provider did not have the capital expenditure costs Naspers had to go through. In the same way using Telephone poles will leverage the existing communications media you have: PC, ADSL modem and a network switch. Only the cost of a TwistedPair really will be the major expense for open streets to become the next http://www.naspers.co.za. What these articles about http:/www.itweb.co.za really come down is imagine Airbus keeps on telling stranded passangers about the wiring problem of Airbus. So what? Who cares? If Airbus can't get us airborne then Boeing will do the job. What is going on now in South-Africa is that we are at the stage where we keep on being told what is the problem and why we just can't get airborne: ECA, RICA. And since Naspers controls virtually all the media outlets they can keep on playing the public for the fool. For us the cost of local Telkom bandwidth to stream multi-media content represents an insurmountable obstacle. What Naspers don't want is for this obsticle to be removed for the public via their telephone poles but not for Naspers who as a commercial entity must have some sort of gatekeeper of information either Telkom or Icasa. In the present restricted environment Naspers is making it's money, that is as long as it remains restricted for everybody - which is why a TelephoneNetworkRollout is such a threat.

Telephone Poles enables you to be the next Google
http://www.google.com are leveraging at very low cost the billions of dollars spent by Telco's to stream media content to users. This is why Google's share price is $500. The Telco's have reduced to simply being a 'water pipe'. The real money is content provision. Now in South-Africa Telkom and [:NewsMedia:http://www.naspers.co.za] are dualing it out to establish who will harness this very lucrative business. One can't simply pop a satellite in the sky because the cost of the CPE ,seeCentralOffice equipment is a barrier to entry. That is the public will be reluctant to spend money yet again on another complicated decoding box. Ideally from an engineering perspective, one user should receive a SateLlite signal and distribute it via a DsLam and TelephoneNetworkRollout, not have everysingle house with its own SateLlite dish. Infact in certain black trust areas they are planting telephone poles for a DsLam network and then redistributing DSTV soccer matches to everybody else. The ECA tries to address these issues ofcourse. You need to understand the whole background and what is at stake here. The news media, Telecoms lawyers, Icasa and Telkom is trying to prevent you from becoming the next Google. Whom pays the Telecoms lawyers you or Naspers? Cliff Decker Attorneys

What is the barrier to entry?
The first question a business consultant asks you is: What is the barrier to entry? IF you are established say like Catterpillar making machines then the higher the barrier to entry the safer you are from competition. Because no established business want's competition. This is just human nature. A cafe on the street corner doens't want yet another one adjacent to him. And a TelephoneNetworkRollout will dissolve this barrier to entry that the ECA, RICA represents. Ask yourself why can't you be the next Naspers? Who actually would want to prevent you from being the next Naspers? Who would have an active hand in drafting laws that could dissuade you from being the next Naspers? Why does Dene Smuts from the DA who drafted the ECA not want the West-coast fiber link, what is her agenda?

Will Mark Shuttleworth be prosecuted by the http://www.npa.gov.za?
Joe Soap thinks that just because he is not a well known person like Mark Shuttleworth that it makes it more likely for Vusi Pikoli to prosecute him. No matter who you are everybody is equal before the law. If the http://www.npa.gov.za would'nt dream of making a fool out of itself and South-Africa by arresting Mark Shuttleworth for planting a telephone pole then on what basis would they arrest you? Manto with her miracle lemon juice in Canada was enough of an embarrasment.

Who has a 'mutually simbiotic relationship' with Icasa officials?
How do we know that bribes won't be paid to outlaw telephone poles? Will the http://www.npa.gov.za enforce directives if the only reason it was made was because certain telecom firms topped up the Swiss bank account of officials?

FCC and Icasa's powers to fine
The Federal communications commission in America has the power to fine people. Our constitution in South Africa forbids sprinkaan beamptes from fining people because we will have US style chaos with hundreds of federal commissions able to fine people. The US justice system is one big mess. One should be carefull not watch to many US law and order programs. Sprinkaan beamptes in South Africa first have to get their case past the http://www.npa.gov.za for that first precedent before anybody gets fined or jailed. In South AFrica only the Judicial dish out fines if the http://www.npa.gov.za decides to prosecute. We don't have on of the best constitutions, we have the best constitution in the world. Some people think it to be our disadvantage that you have to criminally convicted before you can be fined. Absolutely not because Icasas narrow agendas that amounts to terrorizing society won't ever get past Vusi Pikoli, John Welch and Bill Downer. Which is why Icasa is to be openly mocked! Icasa is a huge albatros around the neck of society. Their sole purpose is to protect the cashflow of Telkom. Icasa is mandated by the constitution and there is not much we can do about it. Please don't allow them to scare and intimidate you.

The John Welch and Billy Downer reasonable man test
Just ask yourself wether they as reasonable people will shackle the lifes of their friends and family so that a few people can make billions? Have they in their personal capacity signed any forms mandated by a compliance law? Don't allow yourself to be intimidated by Icasa sprinkaan beamptes - they can't prosecute you. Icasa and Telecoms lawyers don't decide what the law says - a judge decides. But since the first case will never get past Pikoli, Downer and Welch we won't ever find out what the law really says about the ECA, Icasa Amendment Act and Broadcasting Act.

Criterias to be used in evaluating a compliance law

 * Are there any test cases? * What does the John Welch, Vusi Pikoli and Billy Downer reasonable man test say? * Why out of millions of people would Pikoli choose me to establish a precedent? * What would be the consquences for the http://www.npa.gov.za if a precedent is established in terms of the ECA? How many thousands for other cases would there be. * What would the effect be on our economy. * Is such a law not a ruse by the ANC to squash free speech? * What would the effect be on free speech? Free speech is vital for the media to expose wrong doing that the http://www.npa.gov.za prosecutes. * Do the public in general want the http://www.npa.gov.za to establish a test case in terms of the ECA or do they find such a law unreasonable? * Would the http://www.npa.gov.za want to allow Icasa to turn potentially thousands of tax paying law abiding citizens into freedom-of-speech criminals? * What would the effect be on CCTV rollout in streets? CCTV has been the single most successfull deterent to crime. * Who would financially gain from turning telephone pole planters into criminals? (Tip - ISPs, Telecoms lawyers, Telcos) * Was anybody bribed to press a charge with the SAPS? * What is the agenda of the people who drafted the ECA(Electronic Communications Act) or any other compliance law? * Is a compliance law like the RICA Act not just some sort of ruse to squash free speech? * What would be the ultimate goal of a compliance law - what is the real purpose. Who's agenda does it advance, what does it protect? * Telecoms is a R100billion industry. Who is trying to protect their interests from competition? Who stands to benefit and to loose? * What would the psycological effect be on the public? Will it make them feel hopeless and despondant or glad that the right thing was done? * What will the effect be on the wife, kids, brothers and sisters of the prosecutors themselves? * As a reasonable man what would you view as in the best interest of South Africa?

Icasa, Telkom and Leon Wessels are gadflies
The http://www.npa.gov.za is frantically trying to prevent South-Africa from turning into a corrupted mafia style state. They have got better things to do with their time and better cases to prosecute thant the narrow agendas of Leon Wessels Human Rights Commission(PAIA ACt),  Icasa and Telkom's BEE empowered stooges.

The Legislative can legislate anything they want
The legislative can legislate anything they want in an attempt to scare the public. It is because the public don't understand that the http://www.npa.gov.za (http://www.npa.gov.za) is seperate from the Legislative, seperate from the Judicial that these nonsense compliance laws have been so successfull in terrorizing society - without a single person even being prosecuted. Why of all the millions of fools who complied with the PAIA would the http://www.npa.gov.za have chosen you to establish a test case? Infact one hour before Leon Wessels wanted to start barking orders to the police to arrest people the http://www.npa.gov.za intervened and had the whole rubbish law amended. Vusi Pikoli doesn't want to turn ordindary citizens in to criminals, in contrast nothing would give Leon Wessels greater joy then to terrorize the wealth creators. All the PAIA act is being used for at the moment is for going a fishing expedition against a company that a person want's to litigate against. The ANC agenda with the PAIA is to use it as a ruse to get information out of companies so they can legislate more BEE theft. Hundreds of companies dutyfully put up their "PAIA compliance" policy on their websites. Most do it not because they are terrified of Wessels but because of their corporate image. They can't say the stuff I am saying here, the public is hopelessly to stupid for that.

Once the http://www.npa.gov.za starts prosecuting how do they stop?
As with stealing out of hunger cases once the http://www.npa.gov.za starts prosecuting how do they stop? The powers given Icasa under the ECA is so wide that Icasa can actually ban a Star LAN topology built into the walls of a home, but allow a Ring topology. The geniuses who drafted the ECA ofcourse thought this to be wonderful now they can pay bribes to Icasa to have a network topology banned because nobody knows what  network topology that will allow high bandwidth. And this is what the http://www.npa.gov.za fears with the ECA. There is just no end to the thousands and thousands of cases Icasa could potentially force the http://www.npa.gov.za to prosecute once that single precedent is established. The ECA is also open-ended. It gives Icasa the powers to ban anything they want. If they have that first precedent conviction, they will immediatly write a plethora of laws making it for example illegal to send data inside your house from one room to another without their master Telkoms involvement. And since there is this precedent the http://www.npa.gov.za will have no choice but to prosecute whatever law Telkom decides on.

False Dichotomy
Dean Smuts from the DA thinks that Neotel competing against Telkom will result in lower costs. The Neotel Telkom comparison is a false dichotomy. The fact is that nothing will change in South-Africa unless the public builds their own exchanges.

In conclusion
The http://www.npa.gov.za is in a difficult position in the sense that they can't exactly take out a full page advertisement in the Sunday Times explaining that half our laws are a load of unconstitutional Elephant Snot The vested interests(Media, Telcos, ISPs) are scheming so as to prevent the public to from threatening a R100billion industry with DsLam and copper networks crossing boundaries linked to  SateLlite connections. The Legislative branch(Parliament) legislates but the http://www.npa.gov.za decide wether to enforce or not. They have doubts, fears, hopes and dreams for South-AFrica their friends and family. And as biased human beings sitting around the campfire over the holiday season they confide in their friends and family what laws they will never enforce. They say things about these laws they wouldn't dream of saying in public. Billy Downer and John Welch all have Wi-Fi cards in their laptops. They have experienced for the themselves the freedom of being able to sit in a restaurant and receive data across the street. Why would they want to hinder such technology? So that Smuts Ngoyama can rake in a few million more? What about the friends and family of Billy Downer. Don't they complain about the high cost of Telkom? If the http://www.npa.gov.za establishes just one single precedent then they will be at the eternal beck and call of Icasa. The ECA gives Icasa  virtual fiat to concot thousands of regulations describing the very flow of electrons themselves if need be. If any precedent on say planting of telephone poles are established by the http://www.npa.gov.za in a criminal trial then the very next morning the http://www.npa.gov.za will have to start prosecuting the illegal SateLlite operators for example. And this would just be the start. THE http://www.npa.gov.za WILL NOT ALLOW THEMSELVES TO BE USED AS SOME SORT OF MONGRAL MUT BY Telkom via its stooge ICASA

There is nothing Telkom as a JSE listed company can do to you: Icasa is the regulator and only they can press charges with the SAPS. There is nothing the SAPS can do to you if there are no test cases. They can't throw you in jail, only take a meaningless statement. You can write any nonsense on that statement, you still won't be able to force the hand of the http://www.npa.gov.za to prosecute you. You as an individual planting Telephone poles is not the issue with the http://www.npa.gov.za. It would be the thousands of other cases they would now have to prosecute. And all it takes is just one single conviction in a court of law. Do you really think the prosecutors want to spend their weekends working overtime to prosecute thousands of people so that empowered Smuts Ngoyama, instead of skimming R100 million from Telmom gets R200 million? Should there be this single criminal conviction(and why out of millions of people would that be you? :) It would lead to a virtual shutdown of communications in South-Africa. The psycological effect will be devestating. 80% of the non-disadvantaged pay all income tax in this country. Such a conviction would strike fear and terror into the very base of South-AFrica's tax foundation: The people who pay Vusi Pikoli's salary and enable the BEE deals. For the entrepeneurs to be able to pay tax and create wealth that leads to employment they need to know that they are fearlessly being protected by the http://www.npa.gov.za from vindictive laws, the http://www.npa.gov.za for obvious reasons can't shout this from the rooftops. If Vusi Pikoli don't want to prosecute people who stole out of hunger then why would he terrorize this very fragile section of South-Africa society paying 80% of all income tax, creating virtually all the employement? He has no choice but to prosecute all theft cases since thousands of precedents have been established. It just demonstrates the danger for the http://www.npa.gov.za once a precedent gets established, they can't easily undo such a conviction. And a criminal conviction in terms of the ECA would set in motion a whole chain of events that could even have possesing direct burial Fiber optics become a criminal offence if Icasa so decides. The ECA even gives Icasa the right to ban a Harddrive above a certain size! It is precisely the fact that the vested interests tried to cover all bases in hte ECA leaving  no loopholes for anybody to provide a commercial service that Billy Downer  won't establish a precedent.

As you read http://www.itweb.co.za and all the media comments about the Icasa, Telkom and ECA you will now have the whole background to their articles and why I say they are all involved in a massive conspiracy, a huge smoke and mirrors excercise in preventing you from seing the whole picture and the solution to our problems: TelephoneNetworkRollout Instead of telling us about the solution http://www.itweb.co.za, http://www.news24.co.za keep on telling us about the problem. Telkom is a JSE and NYSE listed company. Nothing is going to change in South Africa and the share price of Telkom proves this. Ranting and raving against  Telkom is exactly the sort of fruitless activity Naspers via Itweb want's us to engage in so we just don't plant those telephone poles. Everything but actually solving the problem! By forging an alliance with your neighbour, your country by allowing that person to stream via a DsLam data over your property you actually become part of the solution to South-Africa's crime and Telkom crises as explained under NetworkCentricWarfare. You are either part of the solution or part of the problem. Please don't believe everything you are told in life especially where a R100billion is at stake!

Links
NaspersProblem