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Tomas Berdych made a fine start to the World Tennis Tournament in Rotterdam after easily dispatching Andreas Seppi.
The third-seeded Czech secured a 6-3 6-3 victory over his Italian opponent in one hour six minutes.
Australian Open semi-finalist Berdych broke once in the first set and twice in the second to secure a routine success.
He was utterly dominant on serve, not facing a single break point.
Meanwhile, qualifier Paul-Henri Mathieu also made a fine start by recording a 4-6 7-6 (2) 6-4 victory over Croatian Ivan Dodig.
The 32-year-old world No 140 is one of eight French players in the field and is playing in the Dutch city for the fifth time in his career having never progressed beyond the second round.
He withstood 21 aces from his opponent to prevail in two and a quarter hours at the Ahoy stadium.
In the afternoon's other match, home favourite Jesse Huta Galung was beaten by Germany's Michael Berrer 6-4 2-6 6-3.
Defending champion and top seed Juan Martin del Potro is hoping to be fully fit for his mouth-watering first round clash against Montpellier champion Gael Monfils on Wednesday.
After having to deal with wrist pain since losing early at the Australian Open the Argentine is expected to face a huge test against the Frenchman should he recover in time.
"Doctors are hopeful that my wrist will recover very fast," said the 25-year-old. "It is improving slowly, but at least it is improving.
"I'm trying to find a different treatment to fix the injury, to ensure that I can play the whole season."
Andy Murray will open the Wednesday evening session against France's Edouard Roger-Vasselin.
The Wimbledon champion has been given a wildcard for the event.
Fifth seed Jo-Wilfried Tsonga had to recover from a set down to get past Germany's Florian Mayer.
Mayer took the only break point in the first set but the world number 10 from France responded to win the second and pull away in the third, eventually winning 4-6 6-3 6-1.
Mayer's compatriot Philipp Kohlschreiber saw off Ukraine's Sergey Stakhovsky in the last match of the day.
Kohlschreiber needed less than 24 minutes to take the first set, breaking twice and serving out to love with the help of his only ace of the set.
A solitary late break was enough in the second as the German completed a 6-2 7-5 win in an hour and five minutes.

subset: commoncrawl


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Towson no longer has a Sustainability Manager. This is the second time that a staff person has left this position since it was created in 2010 in Facilities Management. In the year that I have been at Towson, sustainability has made great strides at the institution due to the collaboration of many dedicated individuals. We finished the Climate Action Plan and set goals for TU to become carbon neutral by 2050. We completed the greenhouse gas inventory for 2010 and 2011 and started the inventory for 2012 and 2013. I completed a Waste Reduction Plan with recommendations to improve recycling and waste reduction at Towson and began implementing many of the recommendations. We held the Recyclemania contest, and organized TU's first Trash-2-Treasure Sale. We completed the STARS (Sustainability Tracking and Assessment Reporting System) that established a comprehensive baseline on sustainability performance at Towson. We relaunched the Sustainability Website and started this blog and a mailing list which now has over 400 subscribers. With support from Housing and Residence Life, we implemented the residential recycling initiative and the eco-reps program. We organized the Environmental Conference and events like Electronics Recycling Drop Off Day and Campus Sustainability Day. I established the Sustainability Film Series and a Sustainability Fund for donors to give to sustainability at TU. I have also been able to engage eight students as sustainability interns to contribute to the effort.
On October 14, 2013 I was hastily dismissed from my job because, according to my supervisors, I was not fulfilling my duties as a facilities management employee due to a focus on student outreach. Even if this were true, I am very disappointed that Towson has taken such a narrow view of sustainability. It was simply not possible for me to continue the work I was doing without support from my supervisor and the Administration. However, I am encouraged by the great work that the staff, faculty, and students are doing in sustainability and have confidence that you all will continue the important work of caring for the planet and future generations.
Clara Fang


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South Africa: High Courts - Gauteng
You are here: SAFLII >> Databases >> South Africa: High Courts - Gauteng >> 2006 >> [2006] ZAGPHC 69 | Noteup | LawCiteS v Masiya (CC628/05) [2006] ZAGPHC 69 (25 July 2006)
Download original files IN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION)
DATE: 25 July 2006 In the matter between:
[1] The accused, a 44 year old male, was initially brought before the magistrate's court at Sabie but the matter was transferred to the regional court at Graskop where he was tried on a charge of rape in that on or about 16 March, 2004 at or near Sabie he wrongfully and unlawfully had sexual intercourse with one T L M a 9 year old girl without her consent. [2] At the trial the accused was represented by an attorney from the Nelspruit Justice Centre. On 11 July, 2005 the accused was convicted of rape. In terms of section 52(1) of the Criminal Law Amendment Act 105 of 1997, (the Act) the proceedings were thereupon stopped and the accused was committed to the High Court for purpose of sentence. [3] In terms of section 52(3) of the Act, this court must first determine whether the conviction is in order before imposing sentence. [4] The accused was convicted in effect on the evidence of a single witness, the complainant, aged approximately 10 years old at the time of the trial. [5] There was a second witness (Grace) who testified for the state but the learned regional magistrate, correctly in my view, disregarded her evidence as it was mostly hearsay. [6] The complainant was examined by a medical practitioner at the Sabie hospital. The findings of the medical practitioner are recorded in the so-called form J88 marked exhibit "B" in the court a quo. Although the rape was alleged to have taken place on 16 March, 2004, the complainant was medically examined one week later, on 23 March 2004. The findings, in essence, of the medical doctor were that the complainant's hymen was not intact and that the perineum and anus were normal "with good tone". Under "clinical findings" the doctor states "alleged sexual assault with anal penetration only on 16/3/2004. Had multiple baths after that". The form J88 was handed up with the consent of the defence and the contents were not disputed. [7] The state then closed its case. [8] The accused closed his case without giving or calling any evidence. [9] At that stage, the facts before the learned magistrate, if accepted, could have founded a conviction of indecent assault as a competent verdict to the charge of rape. In fact, the state sought a conviction for indecent assault. The defence likewise contended for such a conviction if the accused were to be found guilty. However, the magistrate, typifying the common law definition of rape as unconstitutional, proceeded to convict the accused of rape. [10] The magistrate has delivered a detailed and well motivated judgment giving reasons why he convicted the accused of rape. In view of the importance of his reasons for his judgment and to avoid unnecessarily repeating aspects of his judgment in mine, I attach it to this judgment as an annexure. I will revert later to the question whether the magistrate was correct in purporting to extend the definition of rape to include anal penetration. In his well reasoned judgment, the magistrate held, briefly, as follows:
The archaic common law definition of rape (and the concomitant penal provisions following upon a conviction of the offence of rape provided for in Act 105 of 1997) discriminates arbitrarily against all (males and females, children and adults) with reference
to which kind of sexual penetration is to be regarded as most serious; such discrimination is illogical, unjust, irrational and unconstitutional and negates rights to values of human dignity, equality and freedom (section 7(2) of the Constitution).
Where necessary the court, even a lower court, is mandated to develop the common law in terms
of section 8(3) of the Bill of Rights to give effect to victim's and society's rights and interests and to limit rights of accused;
In terms of section 39 of the Bill of Rights, the court has a duty in interpreting the Bill of Rights to promote the constitutional values and, when developing the common law, to promote constitutional objectives.
The court may encroach on the terrain of Parliament as lawmaker given parliament's unreasonable
delay in promulgating adequate laws, ie the new Sexual Offences Bill of 2003, in order to provide society with the fullest protection
that the Constitution and the law can give.
5. Developing the common law in casu will impact on the accused's right not to be convicted of an offence that did not exist at the time of the commission of the deed (vide section 35(3)(1) of the Bill of Rights) and especially the right to benefit from the lesser of two punishments (vide section 35(3)(n) of the Bill of Rights). These rights may, in casu, be limited for the following reasons:
Non-consensual anal penetration constitutes an offence in any event;
5.2 Anal penetration is manifestly immoral and unjust; 5.3 Retroactive (more severe) punishment could reasonably have been foreseen and will not offend the principle against ex post facto "prohibition"; 5.4 Developing the definition of rape to include anal penetration of males and females will not be contrary to foreign or international law, will not be arbitrary but will avoid future discrimination and is therefore in the interest of justice; 5.5 The rights of victims and of society are weightier than that of the accused not to be convicted (and punished) of a more serious offence; 5.6 The limitation will have the purpose of protecting society if offenders are appropriately convicted and punished with the concomitant deterrent effect; 5.7 A less restrictive means would have been for Parliament to address the lacuna with an appropriate law but it has been dragging its feet; 5.8 It will become a law of general application if endorsed by the High Court and this will be possible since the matter is referred to the High Court for purposes of imposition of the minimum sentence in terms of Act 105 of 1997.
The magistrate accordingly ordered that the common law definition of rape be and is extended
to include acts of non-consensual sexual penetration of the male sexual organ into the vagina or the anus of another person, male
or female. The accused was as a result convicted of rape and the matter was referred to the High Court for sentence.
In the course of his judgment the magistrate, dealing with the requirement of his order having
to be of general application, also referred to the fact that the National Prosecuting Authority could issue instructions to prosecutors
to frame charges along the lines of the ordered development. The magistrate's judgment is, of course, not binding on other courts.
[11] When the matter came before me I asked for an amicus curiae to be appointed to assist this court in dealing with the constitutional issues raised by the magistrate's judgment. I am indebted to Mr Geach, SC for appearing as amicus curiae and for dealing not only with the constitutional issues but also with the merits of the case. I also express my appreciation for the extremely well researched heads of argument presented by Ms Meintjes, SC and Ms Bukau for the state and by Mr Geach, as well as by Mr Bauer, who appeared in this court on behalf of the accused on instructions from the Legal Aid Board. Mr Lebala and Mr Bezuidenhout appeared for the Minister of Justice later on in the proceedings. [12] From the evidence led in the court a quo it was apparent that the complainant had made her first report of the incident to her mother. Her mother had refused to testify. When the complainant reported it to her mother, her mother became upset at her for now causing "problems" between her and the accused, who was a drinking partner of both the complainant's mother and father. [13] All the parties agreed that it would be prudent to call the complainant's mother to testify and also to obtain confirmation of the complainant's age. It was also agreed that a medical expert be called regarding the anal injuries suffered by the complainant. The policeman who took down the complainant's statement was also called in view of the inconsistencies between what the complainant allegedly reported to him and the evidence she gave in the court a quo. [14] All of them duly testified before this court as well as the complainant. I turn then to the merits of the case.
[15] Both Mr Geach and Mr Bauer argued that the state did not prove its case beyond reasonable doubt. The complainant made a statement to the police in which it is alleged that she was penetrated both anally and vaginally on one occasion. In her evidence in the court a quo she said she was penetrated anally only on one occasion. In this court, she testified that the penetration was both anal and vaginal on different occasions and that they occurred in 2003 and not, as she testified in the regional court, in 2004. [16] Mr Bauer argued that whilst one may be tempted to accept these differences in the complainant's versions as inconsistencies rather than material discrepancies, the cautionary rule had to be applied to the version of the complainant. [17] The complainant, at this stage 11 years of age (born on 27 November 1994 – vide exhibit E) again testified through an intermediary, Ms Salome Moshibidu Ngobeni in this court. [18] The complainant confirmed the evidence previously given by Grace in the court a quo, namely that at the stage of the incident she was not living with her mother; she did, however, stay for some time with her mother's uncle, Nduna Mashego; she then went to stay with Grace whom she also told: They thereafter went to the police and she was then taken for a medical examination. [19] She also repeated the evidence previously given, namely, that she made a report to her mother about what had happened to her (ie "... that that person was molesting me ..."). Her mother, however, did not listen to her, but said that the complainant was causing a quarrel/problems between her (the mother) and the person (the accused) who drank liquor with her. [20] In cross-examination she said she told the policeman everything; that Tshisampama inserted his penis in her anus and vagina; the story she told the policeman was the same as that told to the court a quo; she did tell Grace she was previously raped by Tshisampama because she had a good relationship with her and she told the court a quo that she was raped; one "rape" occurred not long ago, she did not count the time, it was a long period of time before a second "rape"; "it" was anal she told Grace after the first time. [21] In re-examination she said she was raped anally on two occasions and also once vaginally; first anally, then again anally and in between, long ago in 2003, vaginally; she told her mother and Grace every time. [22] Upon questions by the court she said all instances occurred in 2003 whereas in the court a quo the evidence was that the "rape" for which the accused was charged occurred in 2004. [23] The victim responded to all of the questions posed in a candid fashion. Her demeanour from within the witness room certainly impressed as that of a young, innocent and truthful child. She was consistent in her allegation that she was penetrated by the accused even though her evidence is, on the face of it, contradictory:
In the statement to the police she said she was forced to accompany the accused and was penetrated anally and thereafter "the second time" vaginally.
In the regional court she said she accompanied the accused voluntarily and was penetrated only in the anal "hole". In the High Court she said she was penetrated twice anally and once vaginally. [24] Two experts, Dr S M Grabe and Ms L'Marie Coetzer were called by the state to testify in this court. [25] According to Myers J R B, Legal Issues in Child Abuse and Neglect (1992) Sage Publishers, California at 136-139, expert evidence can be utilized fruitfully to explain discrepancies and contradictions in children's evidence. [26] In S v S 1995(1) SACR 50 (ZS) at 60b it was said:
"A rational decision as to the credibility of a witness (especially a child witness) can be arrived at only in the light of a proper analysis
by means of testing it against likely shortcomings in such evidence in the manner suggested by Spencer and Flin (op cit). To reach
an intelligent conclusion in such an analysis it is necessary to apply, as they do, a certain amount of psychology and to be aware of recent advances in that discipline. This will undoubtedly mean an increase in the workload of judicial officers and the machinery of justice generally, but ways must
be sought of accommodating this, as it is the price to be paid for professionally administering justice in an increasingly complex society." (My emphasis.)
"A fair trial must encompass a recognition of society's interests ... One must recognise that the rules of evidence have not
been constitutionalized into unalterable principles of fundamental justice. Neither should they be interpreted in a restrictive manner
which may essentially defeat their purpose of seeking truth and justice. In the case at hand, in the determination of what is fair, one must bear in mind the rights and capabilities of children. As McLACHLIN, J recognised in R v W (R) [1992] 2 SCR 122 at 133: 'It may be wrong to apply adult tests for credibility to the evidence of children'. WILSON, J expressed a similar view in
R v B (G) [1990] 2 SCR 30 at 54-55, in reference to the appeal judge's treatment of the child witness's evidence: '... it seems to me that he was simply suggesting
that the judiciary should take a common sense approach when dealing with the testimony of young children and not impose the same
exacting standards on them as it does on adults ... In general, where an adult is testifying as to events which occurred when she
was a child, her credibility should be assessed according to criteria applicable to her as an adult witness. Yet with regard to her
evidence pertaining to events which occurred in childhood, the presence of inconsistencies, particularly as to peripheral matters
such as time and location, should be considered in the context of the age of the witness at the time of the events to which she is
[28] So also R v H (T304/95)13 CRNZ 648, at 653:
"Evidence if given by an adult may have had a deficiency so grave as to require rejection of it as incredible ... may in the case of a child
be explicable as due to the limitation of a child's immaturity rather than lack of rationality."
[29] Finally, in Holtzhauzen v Roodt 1997 (4) SA 766 (W) at 778I-779C, with reference to testimony regarding failure to report a sexual assault at the first available opportunity:
"It would be unwise and it would be irresponsible for myself as a judicial officer, who is lacking in special knowledge and skill,
to attempt to draw inferences from facts which have been established by evidence, without welcoming the opportunity to learn and
to receive guidance from an expert who is better qualified than myself to draw the inferences I am required myself to draw."
[30] It is, of course, in the final analysis, for the court to evaluate the evidence, including that of the experts and thereafter express its own view. [31] Ms L'Marie Coetzer, a Principle (Hoof) Social Worker qualified as such with a BA (SOC Sc) in 1991 and an MA (SOC Sc) in 1998. She has obtained numerous further post graduate certificates for, inter alia, assessment of sexual abuse and clinical assessment of children. She says she specializes in the following (per her report); "1.1 die dinamiek van seksuele misbruik by kinders; 1.2 die ontwikkelingsvlak van kinders; 1.3 tipiese gedragspatrone en response van kinders;
die kind se vermo
om effektief in die forensiese konteks te kommunikeer met inagneming van:
die kind
se taalontwikkeling; en
die invloed wat die dinamiek van seksuele misbruik op die kwaliteit van die kind se getuienis kan h
[32] In my view, she adequately qualifies as an expert and is in a position to assist this court in evaluating the evidence, more particularly the apparent contradictions in the complainant's evidence. She adequately explains the discrepancies and inconsistencies with reference to the dynamics involved when a child is sexually molested as well as the developmental level and linguistic capabilities of the child. Ms Coetzer's report forms part of the record as exhibit "F". The report was handed up by the state with the consent of the defence. Mr Bauer however, submitted that not much weight could be attached to the report as Ms Coetzer did not interview the complainant. I am not persuaded by that argument. Ms Coetzer speaks with reference to children generally of the age of the complainant and then analyses and comments upon a number of questions put to the complainant in both the court a quo and this court, as well as on the statement the complainant made to the police. For these reasons also, the argument that her evidence constituted hearsay cannot be accepted. [33] She then motivates her conclusions, as I understand them to be, that the complainant, being a vulnerable child, was exploited by the accused. As is to be expected from a child her age, she fabricated in the statement by saying she was forcefully taken to the accused's home in an attempt to shy away from her own inertness due to feelings of guilt and/or fear. She is truthful with reference to more incidents having occurred given her reference to the "white stuff", which she would not have seen had she been penetrated only from behind and her reference to not having been penetrated fully and further the fact that children would rather tell less than exaggerate. She probably spoke of another incident when referring to the vaginal penetration in the police statement since she referred to this as "the second time", probably also interweaving and or incorporating the incidents and this was not further explored by the investigating officer, he simply accepting that she was referring to one and the same occasion. She referred to only the anal rape in the regional court due to the way the questions were framed and more specifically because the word hole was used, the anus being the only place she experiences as a hole. She again referred to the vaginal penetration in the High Court due to the appropriate terminology used which she clearly understood, though dates and times were too difficult to provide. She was consistent in implicating the accused in all of the incidences of sexual penetration. [34] As regards the contradictions between the complainant's statement to the police and the evidence she gave in both courts, both Mr Geach and Mr Bauer argued that, these left the state's case in shambles and the conviction ought to be set aside. [35] In S v M 1998 (1) SACR 47 (O) the court addressed this aspect at 51f-52d as follows:
"... ' ... Kritiek op haar geloofwaardigheid word veral gegrond op weersprekings en beweerde weersprekings soos tussen haar getuienis in die hof en 'n verklaring wat sy afgel
het op 7 Julie 1995 aan adjudant-offisier Mynhardt. As algemene opmerking wil ons daarop wys dat Kgampepe se verklaring ... nie haar oorspronklike woorde is nie; dit is vertaal en so ook is haar getuienis in die hof deur middel van 'n tolk afgel
. Misverstande en klemverskuiwings by vertalings en oortolkings is bekend en is dit ook ge
llustreer in hierdie hof toe daar wel 'n misverstand ten aansien van 'n sekere woord tussen die tolk en die getuie ontstaan het, en behoort om daardie rede alle gewaande weersprekings aan die hand van die omstandighede oorweeg te word. [Vergelyk S v Mpopo 1978 (2) SA op 424 (A).]'. Deurlesing van bws C toon ook en opvallend so dat die notuleerder daarvan in sommige opsigte eie inisiatief gebruik het. As enkele voorbeeld dien paragraaf
2 van bws C. Dit is tog onwaarskynlik dat Kgampepe spontaan van beskuldigde as 'Elias Buthi Mokoena, alias Mzabane' sou praat. Onses
insiens kan die meeste sogenaamde wersprekings juis gewyt word aan die notuleerder van die verklaring se gebruikmaking van 'n diskresie
om Kgampepe se mededelings in, vir hom, aanvaarbare Afrikaans neer te skryf ..."
"Die afwesigheid uit haar polisieverklaring van die bewering dat eerste appellant 'n vuurwapen op haar gerig het, is nie 'n bewys
dat haar getuienis daaromtrent onwaar is nie. Haar reaksie toe sy dit agter gekom het dui op die teendeel. Polisieverklarings is
dikwels onvolledig, soms selfs ten aansien van belangrike feite. Die omstandighede waaronder en die besondere persoon aan wie so
'n verklaring gemaak was, is dikwels vir die onvolledigheid van sulke verklarings verantwoordelik. Di
aspekte was nie ondersoek nie."
[36] In S v Mafaladiso 2003 (1) SACR 583 (HHA), where there were material differences between a witness's evidence and a prior statement it was held at 593e-594h:
"Die juridiese benaderingswyse tot weersprekings tussen twee getuies en weersprekings tussen die weergawes van een en dieselfde getuie (soos, onder andere, tussen sy of haar viva voce getuienis en vorige verklaring) is, in beginsel (indien nie in graad nie) identies. Die doel is immers in geen geval om te bewys welke van
die weergawes die korrekte een is nie, maar om oortuiging te bring dat die getuie kan fouteer, hetsy weens 'n defektiewe rekolleksie
of weens oneerlikheid (sien Wigmore a w para 1017). In die geval van self-weerspreking, in die besonder, word tereg deur Wigmore (t a p para 1018) ges
'(a) Since, in the words of Chief Baron Gilbert (
1017 supra), it is "the repugnancy of his evidence" that discredits him, obviously the prior self-contradiction is not used assertively; i e we are not asked to believe his prior statement as testimony, and we do not have to choose between the two (as we do choose
in the case of ordinary contradictions by other witnesses). We simply set the two against each other, perceive that both cannot be correct, and immediately conclude that he has erred in one or the other – but without determining which one. It is the repugnancy and inconsistency that demonstrates his error, and not the superior credibility of the prior statement.
Thus, we do not necessarily accept his former statement as replacing his present one.'
Wigmore se benadering t a p is onderskryf in S v Oosthuizen 1982 (3) SA 571 (T) deur Nicholas, R op 576A-577B, wat op sy beurt deur hierdie Hof in S v Mkohle 1990 (1) SASV 95 (A) op 98f-g goedgekeur is.
Die blote feit dat daar self-weersprekings voor hande is, moet deur 'n hof met omsigtigheid benader word. Eerstens moet nougeset vasgestel word wat die getuie werklik bedoel het om op elke geleentheid te s
, ten einde te bepaal of daar 'n weerspreking voor hande is en wat die presiese omvang daarvan is. In hierdie verband moet die feite-beoordelaar in ag neem dat 'n vorige verklaring nie by wyse van kruisverhoor
afgeneem is nie, dat daar taal- en kultuurverskille tussen die getuie en die opskrif-steller mag wees wat die korrektheid van wat
presies bedoel is in die weg staan, en dat die verklaarder selde of ooit deur 'n polisiebeampte gevra word om in detail sy of haar
verklaring te verduidelik. Die eerste sin in para 8 van die klaagster se verklaring is 'n duidelike geval waar 'n meer nougesette
benaderingswyse aan die kant van die afnemer van die verklaring die gewraakte sin sou opgeklaar en verhelder het of anders bewoord het. (Sien oor die gevare van vertaalde getuienis en myns insiens, a fortiori, polisieverklarings, R v Gumede 1949 (3) SA 749 (A) op 757 in fine.)
Tweedens moet dit steeds voor o
gehou word dat nie elke fout deur 'n getuie en nie elke weerspreking of afwyking die getuie se geloofwaardigheid aantas nie (sien
S v Mkohle 1990 (1) SASV 95 (A) op 98f-g). Nie-wesenlike afwykings is nie noodwendig relevant nie. (Sien S v Bruiners en 'n Ander 1998 (2) SASV 432 (SOK) op 437g ev.)
Derdens moet die weersprekende weergawes steeds oorweeg en ge-evalueer word op 'n holistiese basis. Die omstandighede waaronder die weergawes gemaak is, die bewese redes vir die weersprekings, die werklike effek van die weersprekings ten aansien van die getuie se betroubaarheid of geloofwaardigheid, en die vraag of die getuie voldoende geleentheid gehad het om die weersprekings te verduidelik – en die kwaliteit van di verduidelikings – en die samehang van die weersprekings met die res van die getuie se getuienis moet onder andere in ag geneem en opgeweeg word. (Sien S v Mkohle (supra op 98f-g); sien ook R v Gumede (supra op 756-8 in medio); S v Jochems 1991 (12) SASV 208 (A) op 211f-j; S v Bruiners en 'n Ander (supra op 437i-438a).)
Ten slotte word die eindtaak van die Verhoorregter, nl om die gewig van die vorige verklaring teen di
van die viva voce getuienis op te weeg, ook in hierdie soort gevalle tereg soos volg in S v Sauls and Others 1981 (3) SA 172 (A) op 180F saamgevat:
'The trial Judge will weigh his evidence, will consider its merits and demerits and, having done so, will decide whether it is trustworthy and whether, despite the fact that there are shortcomings or defects or contradictions in the testimony, he is satisfied that the truth has been told.'
(Sien ook S v Kgoloko 1991 (2) SASV 203 () op 207d-e.)" [37] Constable Yusumvu Samuel Makamu, stationed at the SAPS: Child Protection Unit (CPU) in Nelspruit, testified that he was the investigating officer in this matter and described the sequence of the events to the court. Grace reported the case to constable Zitha at the police station in Sabie on 22 March 2004 and alleged that the victim was anally raped. On the same date the victim was taken to the district surgeon, who conducted a medical examination and completed form J88 noting only that the hymen is not intact (exhibit "B"). A crime incident report was compiled on 23 March 2004. The case docket was thereafter referred to the CPU. [38] On 24 March 2004 Constable Makamu took the nine year old victim's statement. Only after she had told him the whole story in SeSwazi or Swazi, did he then start to write it down in English. He thereafter read the statement back to her, in the presence of Grace, first in English and then interpreting from English to Seswathi, and she confirmed the contents thereof. She first mentioned the anal rape and thereafter the vaginal rape. [39] He also testified that the victim's mother was a drunkard ("a drinking type of a person") and that he personally observed her to be definitely in a drunken state, heavily under the influence of liquor on a certain Friday when he had to approach the mother on instructions of the state advocate. The alcohol abuse appears to him to have affected her mentally: She was reluctant to attend court and insulted and swore at Grace. She also accused Grace of having stolen the complainant from her. Ever since the matter was reported to the police in March 2004, the victim was staying with Grace. [40] During cross-examination he said that the events described by the victim all took place on one date. He wrote down everything she said in the A4 statement. When the contents of the statement was read back to the complainant, Grace also confirmed the correctness thereof. [41] This witness's evidence contributes to a better understanding of the sequence of events: An anal rape was reported, a medical examination was conducted which led to the suspicion that the child was also penetrated vaginally and confirmation of this was obtained when the child's statement was taken. In my view he was a truthful and honest witness despite the imperfect manner the statement was probably obtained from the victim. As is also elaborated upon by Ms Coetzer in her report, the probabilities are that he asked her regards a vaginal penetration which he interpreted as having occurred at the same time. [42] The biological mother of the victim, testified in this court that the victim was staying with Grace, the child's aunt who was also her neighbour, since the year 2003. Her aunt became ill and she had to go to Bushbuckridge to assist her. She therefore left her two children (one of which was the victim) with her neighbours. Only upon her return after an absence of but 3 days (in which time the victim had stayed also with Nduna Mashego and with Grace and the rape had been reported) she was informed that the victim had been raped and was staying with Grace. [43] Later during her evidence she admitted that Grace was not a relative of theirs, but was distantly related; "we are so used to each other or one another, we regard ourselves as family". She first tried to evade answering the question and eventually could not provide any reason for the victim staying with Grace. She knew Nduna Mashego. He was Grace's uncle. He was, however, not the person in whose care she left her two children. Why the victim would have stayed with Nduna and then with Grace, had she been properly taken care of, remains a mystery. [44] She denied that she had an alcohol problem and gave contradictory answers: They only drink everyday, during the day, occasionally, twice a week, from say 1-3 o'clock, she herself only drank two canned fruit bottles (20-30 cm in height) of beer at a time; she only drank with two females, namely Ezzie and Edice and not with the accused, whom she has seen walking in the streets only and has heard is called Tshipampama. Her daughter lies if she testified he is a drinking partner of hers and her husband, though they do have a male drinking partner by the name of Mr Mathebula. [45] She disputed the fact that she was reluctant to attend court and denied that she was drunk on the day when the investigating officer visited her premises. [46] She first failed to answer the question and then denied that the complainant had reported the rape incidents to her. It was only reported during the same time frame when they (Grace and the victim) approached her for money for transport. The matter had by then already been reported to the police. She denied that the complainant had reported the incidents to her prior to that stage. [47] The complainant testified that the accused calls her parents by the names of Melisha and Colby. When the witness was questioned about this, she was very vague and contradictory. She denied and eventually admitted that she was indeed also known by some elderly people as Melisha, but denied the fact that her husband, Colbert Zimpe, was also known as Colby. [48] She even experienced problems recalling the complainant's date of birth. [49] The mother of the victim proved herself to be untrustworthy. Her demeanour as a witness did not impress. She was vague, contradicted herself, evaded answering questions and was clearly fabricating as regards her drinking habits and drinking friends in an attempt to steer clear from any inference that she is indeed the bad mother as depicted by the victim, the investigating officer and Grace. In my view, the accused was indeed known to her and the rape was indeed reported to her but she regarded her drinking relationship with the accused as more important than the welfare of her child. Her evidence is rejected out of hand. [50] Dr Grabe qualified as an medical doctor in 1977 and also obtained a diploma in tropical medicine. In 1996 she underwent training in the United States of America regarding sexually abused children. She has examined between 400-500 sexually abused children. She also provides training to other medical practitioners and is a part-time staff member of the University of Pretoria. [51] Dr Grabe's testimony was that it is common not to find injuries to the anus after anal penetration, in fact they are scarce. Such injuries as there are, are usually superficial and heal very quickly, often at the rate of one millimetre in 24 hours. She said it would therefore not be strange to find no injuries after 72 hours. The reasons are that the anal tissue can stretch considerably. Deeper injuries would require surgery, which can leave scars but these occur in a very small minority of cases. For these reasons, Dr Grabe was of the view that it would have served no purpose to examine the complainant with a colposcope to ascertain whether injuries could still be observed. Not only was the lapse of time (almost two years) significant, but also because no injuries were observed during the first examination shortly after the incident. In any event, the instrument was expensive and to her knowledge there were only three of them in the country. Mr Bauer argued that Dr Grabe's reasons for not examining the complainant with a colposcope cannot be accepted and referred to a Dr Katrin Muller whose article "Sexual Assault and Child Abuse" was attached to his supplemented heads of argument. Dr Muller was not called to testify or confirm her conclusions in court. I will therefore not deal with this aspect any further for the purposes of this judgment. [52] I am of the view, taking into account the evidence led in the court a quo as well as in this court, that the accused was guilty of anally penetrating the complainant. [53] The question then is whether the learned magistrate was correct in finding the accused guilty of rape by extending the common law definition of rape to include anal penetration of a male or female. Ms Meintjes, in her extremely comprehensive heads of argument, which I have referred to extensively for purposes of this judgment, essentially submits that the magistrate's judgment is correct and ought to be confirmed. [54] Mr Bauer submitted that the magistrate embarked on judicial activism which offends the principles contained in the Bill of Rights chapter in the Constitution. He submits that section 173 of the Constitution does not permit a magistrate's court, which is a creature of statute, to develop the common law. Also, section 172(2)(b) of the Constitution explicitly refers to legislation or statutes but is silent on the common law. A further submission by Mr Bauer is that courts have struck down legislation, read down, read in but have never legislated. The magistrate, he said, was intruding in the legislative domain of parliament and more so, at a time when Parliament was in fact addressing the issue of anal rape in the Criminal Law (Sexual Offences) Amendment Bill, 2003 which is yet to be passed into law. [55] The question of the power of lower courts to develop the common law might be somewhat irrelevant in casu since the High Court is now seized with the matter and is compelled to (itself) consider the question whether on the facts of the case the conviction of rape should be upheld given its own inherent powers and obligation regarding the development of the common law in terms of section 173 of the Constitution, read with sections 8 and 39. [56] In Carmichele v Minister of Safety and Security 2001 (4) SA 938CC at 955A it was held:
"(T)he courts must remain vigilant and should not hesitate to ensure that the common law is developed to reflect the spirit,
purport and objects of the Bill of Rights. We should add, too, that this duty upon judges arises in respect both of the civil and criminal law, whether or not the parties in any particular case request the court to develop the common law under section 39(2)." (Own emphasis.)
And in paragraph 39 the court held that this is not a purely discretionary obligation but a general one where the common law is deficient in promoting the section 39(2) objectives. The new constitutional dispensation, the court held, has "brought into operation in one fell swoop a completely new and different set of legal norms" (p 954G), even though the judiciary is not the major engine for law reform and should confine itself to incremental changes (at 954E-F).
Section 9 of the Magistrate's Court Act, dealing with the appointment of judicial officers, provides in section (2)(a) for the compulsory taking of the oath, in terms of
which presiding officers undertake to "uphold and protect the Constitution and the human rights entrenched in it" and to
"administer justice to all persons alike without fear favour or prejudice, in accordance with the Constitution and the law"
(Afrikaans" "die reg") (see too schedule 2 of the Constitution).
[58] Section 110 of the Magistrate's Court Act provides that a magistrate is not competent to pronounce on the validity of any law (Afrikaans text" "enige wet") or conduct of the president and shall decide the matter on the assumption that such law (Afrikaans text: "wet") or conduct is valid. Evidence may, however, be produced regarding the alleged invalidity.
[59] Section 8 (the Bill of Rights binds the judiciary and applies to all law);
Section 9(1) (in interpreting the Bill of Rights, a court must promote the values that underlie an open and democratic society based on human dignity, equality
and freedom and may consider foreign but must consider international law);
Section 39(2) (in interpreting legislation and developing the common law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights);
Section 165 ('The courts' are subject only to the Constitution and the law which they must apply); section 166 ('The courts' include a magistrate's court); Section 170 (magistrate's courts may decide any matter determined by an Act of Parliament but may not enquire into or rule on the constitutionality of any legislation); Section 172(1) (when deciding a constitutional matter within its power, a court must declare that any law or conduct inconsistent, to the extent it is inconsistent, with the Constitution is invalid and may make any order that is just and equitable including one limiting its retrospectivity or suspending the declaration of invalidity to allow the competent authority to correct the defect); Section 172(2) (The Supreme Court of Appeal or High Court may decide on the constitutionality of an Act of Parliament and if ordered to be invalid, this is only of effect if confirmed by the Constitutional Court); Section 173 (The Constitutional Court, Supreme Court of Appeal and the High Courts have the inherent power to develop the common law taking into account the interests of justice).
From these provisions it would appear that magistrates courts are not explicitly excluded from enquiring into the validity of the
common law: A magistrate's court is bound by the Constitution to apply the Bill of Rights and must interpret all laws in a manner
promoting the Bill of Rights. It must in a similar fashion apply the common law but, in this latter instance, may also enquiry into
the constitutional validity of any rule of common law. If, in so doing, the effect results in invalidity of a common law rule or
principle, then it must allow for the competent authority to correct the defect, which will be the High Court, having inherent power to develop the common law to bring it in line with the Constitutional imperatives and, so, to correct
the defect. If the High Court is not in a position to correct the defect by developing the common law, even if by way of making an order that is just an equitable, then,
it is presumed, the High Court will, again depending on what is fair and equitable, have the power to either simply declare the common law rule/principle invalid
(if no lacuna will be created thereby) or make an order suspending the operation of the declaration of invalidity pending legislative intervention.
Since the constitutional remedy has to be of universal application, the matter may also be referred to the Supreme Court of Appeal
as the (ultimate) competent authority in matters of common law development and precedent. The Constitutional court has not yet pronounced
on this issue, it having been left it open in Carmichel (supra) 962 ftnt 56:
"It is unnecessary for purposes of this case to consider the position of the magistrate's and other courts."
The problem is that no referral procedure exists other than in a minimum sentence matter, whereby the regional court refers a matter to the High Court which then has to determine whether the conviction is in accordance with justice. THE EFFECT/CONSEQUENCES OF HOLDING PENETRATION PER ANNUM TO CONSTITUTE BUT INDECENT ASSAULT AND NOT RAPE [61] Indecent assault is a competent verdict on a charge of rape and is thus historically and hierarchically viewed a lesser crime (vide section 261 of the Criminal Procedure Act; R v Socout Ally 1907 TS 336 where at 338 INNES, CJ held: "After all, rape is only the most aggravated form of indecent assault") with the necessary consequence that all matters of anal penetration, whether of a male, a female or a child, is viewed less serious than (female/vaginal-) rape. As a result, any form of anal rape, constituting but the lesser crime of indecent assault, is sentenced far more leniently even though it is a common law crime with a maximum sentence of life imprisonment possible. The prescribed minimum sentences provisions in Act 105/97 serve to confirm this view. [62] As was the position in casu, victims are subjected to a degrading examination, at length and in detail, to establish exactly which orifice was penetrated for the sole purpose of establishing what form of indecent assault was committed (the most aggravated one being rape) and this again for the sole purpose of the correct application of the minimum sentences act. In those instances where the victim, due to ignorance because of youthfulness or mental defect is unable to convey what orifice exactly was penetrated, the accused will receive the benefit of the doubt and of a lighter sentence (see, too, the criticism levelled in this regard by J M T Labuschagne Die Penetrasie Vereiste by Verkragting Heroorweeg SALJ (1991) page 148). [63] A real distinction exists (in law) even when an accused, bent on carnal intercourse irrespective of what orifice is penetrated, happens fortuitously to penetrate the anal orifice, being in such close proximity to the vaginal one. [64] In S v Pieters 1987 (3) SA 717A the accused was convicted of rape and a death sentence was imposed. An appeal to the Appellate Division was dismissed. Noteworthy was the argument advanced on behalf of the accused (at page 721):
"Rape is an atrocious non-fatal crime against the person. Many non-fatal atrocious acts against the person of another are conceivable,
eg emasculation, maiming, blinding, anal 'rape'. All would in our law be subsumed under the crimes of assault with intent to do grievous bodily harm or indecent assault or sodomy,
none of which carry the death penalty. This despite the fact that in many cases the traumatic and lasting consequence for the victim
would be worse than in the case of rape. The death penalty for rape is therefore an anomaly." (My emphasis.)
In S v M 1990 (1) SACR 456 N the accused was convicted of indecent assault, having thrust his penis in the mouth of a woman of twenty and having had anal intercourse with her. On appeal, the sentence of (but) 18 months' imprisonment was increased to 6 years. In the
course of his judgment DIDCOTT, J held:
"it is unnecessary to decide whether, as a matter of law, what the appellant did amounted to rape and whether he could have been
charged with rape, because he was not charged with it. It is not clear to us on the authorities at which we have looked cursorily whether to have anal intercourse with a woman without her
consent amounts to the crime of rape. We do not have to decide that question. As I say, the charge was not rape. But it was quite as bad as many rapes that come before this court. I do not think it would have been a significantly worse case,
or indeed a worst case at all, had the appellant raped the complainant in the ordinary sense by having vaginal intercourse with her
instead of anal intercourse, once each was without her consent and against her will. In argument his counsel conceded that the proper sentence in this case was the sort of sentence that would be passed for a rape in similar circumstances. ... there was nothing at all which could excuse or extenuate his ... subjecting her to the gross humiliation and indignity of these appalling acts of indecency ....". (My emphasis.)
In casu, the accused was not only charged with rape but also convicted thereof.
[66] S v P 2000 (2) SA 656 SCA: The accused, having sodomised a boy-child of four repeatedly over a period of some few months, was convicted of sodomy and sentenced to 10 years' imprisonment. Having held the constitutional court's judgment in the National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others [1998] ZACC 15; [1999 (1) SA 6 CC; 1998 (2) SACR 556] not to have affected the conviction, the sentence, too, was confirmed, the court holding that:
"The rights of children are all too frequently and brutally trampled over in our society. Abuse of children is sadly an all too common phenomenon. Those guilty of violating
the innocence of children must face the wrath of the courts. Section 28(1)(e) of the Constitution ... guarantees the rights of the
child to, inter alia, be 'protected from maltreatment, neglect, abuse and degradation'. Furthermore, in terms of our Constitutional mandate to consider international law (see ss 231, 232, 233 and 234 of the Constitution), the United Nations Convention on the Rights of the Child, 1989, places an obligation
on the Republic to eradicate violence against children.
In the present case, the horror of the offence of male rape is aggravated when committed against an innocent, defenceless minor child who reposed nothing but trust and love in his grandfather.
The appellant violated that love and abused that position of trust. The sentence imposed by the trial court of ten year's imprisonment
was thus appropriate." (My emphasis.) (at page 660D-G).
[67] Director of Public Prosecutions v Tshabalala, unreported, case No A1955/03 (TPD) delivered on 7 February 2005: The accused, having sodomised a boy-child of six, was convicted of indecent assault and sentenced to 3 years imprisonment. On appeal, the sentence was increased to 15 years, JORDAAN, J holding that rape had in fact been committed; that the harm caused, whether male or female, does not differ, neither the moral blameworthiness of the perpetrator; that the legislative provisions of Act 105/97 creating such difference in sentencing have no right to exist (het geen bestaansreg nie) and are not understood; and, that it is high time the legislature takes steps in this regard. (Had this been a vaginal rape, the minimum sentence applicable would have been life imprisonment.) (My emphasis.) [68] These cases illustrate that the High Courts already regard anal rape as (serious as) rape proper and are of the view that a distinction is not warranted.
[69] The seriousness with which an offence is regarded is, of course, reflected in the sentence that is imposed: The two cannot be separated. In quite a number of cases the interests of the victim has come to the fore as a fourth element to be duly considered in the sentencing phase, the courts holding that the so-called 'triad' relfects a somewhat outmoded view of punishment in that it omits to take account of the specific interests of the victim. [Vide S v Blaauw 2001(2) SACR 255 C at 257d-e; S v Isaacs 2002(1) SACR 176C at 178a-d and 179a; S v F 1992(2) SACR 13A at 18g-19c; Attorney General Eastern Cape v D 1997(1) SACR 473(OK) at 177c-478b; S v van Wyk 2000(1) SACR 45C at 47i-48a; S v Swartz and Another 1999(2) SACR 380C at 388a-b (adding "In this way our constitutional State can be fairly protected")]. [70] In R v Millbury; R v Morgan; R v Lackenby [2003] 2 All ER939 ([2002] EWCA Crim 2891) the court of appeal granted leave to appeal in three matters in dealing with an advice forwarded to it by the Sentencing Advisory Panel, seeking a revision of the sentencing practice for offences of rape. In its guideline judgment, the court agreed with the proposed (new) sentencing guidelines, necessitated inter alia by the development of the definition of rape to include marital rape and the recognition of male rape as an offence by section 142 of the 1994 Act. Of import is its agreement with, and adoption of, the proposal that:
"the same guidelines should apply in principle to male and female rape, with factors relevant to only one gender (such as pregnancy
resulting from the rape of a woman) taken into account on a case to case basis." (par 10)
And the proposal that
"the new guidelines 'should make it clear that there is no inherent distinction for sentencing purposes, between anal and vaginal rape'
and that 'where a victim is raped both vaginally and anally by the offender this would be treated as repeated rape' (for the purposes of the higher starting point to which we will refer later)." (par 10) (My emphasis.)
There is undisputedly a strong case to be made out that the definition of rape is archaic and based on
social values which are no longer valid. The common law limitation to vaginal penetration has become anachronistic and offensive.
The Constitutional (and international) imperatives of the due protection of all children, whether male or female, the due protection
of the female child, the equal upholding by the law of the dignity and respect of all persons, male and females, are negated. It
is unfairly discriminatory with reference to the offender, the victim and the type of deeds (anal and vaginal penetration) that constitute
in equally severe ways an attack on the personal (sexual) integrity and dignitas of the victims concerned. It results in inadequate protection and discriminatory sentencing.
[72] The infringed rights of the victim in casu and also that of future potential victims of anal rape protected in the Bill of Rights (BOR) are the following:
The right to Equality (section 9: Everyone is equal before the law and has the right to equal protection and benefit of the law; the state may not unfairly
discriminate against anyone on grounds of inter alia gender and sexual orientation). It is fully expounded upon in National Coalition for Gay and Lesbian Equality v Minister of Justice (supra).
The right to Human Dignity (section 10: Everyone has inherent dignity and the right to have their dignity respected and protected).
The right to Freedom and Security of the Person [section 12(1): This includes freedom from all forms of violence].
(iv) The right to Bodily and Psychological Integrity [section 12(2), which includes security in and control over their body). (v) The right to Privacy (section 14) to a somewhat lesser extent.
By limiting the serious offence of rape to penile penetration of the vagina only cannot be held to promote equality of a previously
disadvantaged group being females and to thus pass the section 36 limitation test: It is not a reasonable and justifiable limitation
in an open and democratic society based on human dignity, equality and freedom.
[73] I am of the view that the legality principles are, in casu, not applicable and irrelevant and need not be considered as a possible obstacle to the extension/development of the definition of rape, since no new crime is created. The unlawful deed the accused committed is simply given another name, such name constituting a more serious form of indecent assault. The accused knew very well that he was acting unlawfully. It has never been a requirement that an accused should know, at the time of the commission of an unlawful deed, whether it is a common law or statutory offence, or what the legal/official terminology is in naming it. Furthermore, the accused was in fact charged with rape. Section 35(3)(I) of the BOR is clear in this regard: The accused has a right not to be convicted for an act or omission that was not an offence at the time it was committed. An accused need also not be aware at the time of the commission of the offence what precise sentence may be imposed and, in casu, the possibility of a life sentence, prior to him being prosecuted in the regional court, existed irrespective of whether the deed committed is held to be rape or indecent assault. [74] As regards the sentence to be imposed, this, in my view, ought to be dealt with similarly to the situation where a sentence is statutorily increased. The legislature is not prevented from making such law and need not even legislate that the increased sentencing option will not be applicable to crimes committed prior to the enactment since this is a well embedded principle of our common law, now also a human right in terms of section 35(n) of the BOR: The accused has a right to the benefit of the least severe prescribed sentence if same has been changed since the date of the commission of the offence up to the sentencing stage. It is thus not a consideration to be given any weight in the decision whether the definition of rape is to be extended or not. It need only be dealt with once the conviction of rape is held to be sound and confirmed. The court, in deciding on an appropriate sentence, may hold that the minimum sentence provisions contained in Act 105/1997 cannot find application in view of this principle. [75] I am of the view that for the reasons stated by the magistrate and those given in this judgment the common law ought to be developed by extending the definition of rape. [76] It falls to be added that the state filed a notice in terms of Rules 16A and 10A of the Supreme Court Act 59 of 1959 regarding a Constitutional issue being raised and joinder of the Minister of Justice and Constitutional Development respectively. As a result, Advocates S M Lebala and P T Bezuidenhout appeared on behalf of the Minister. In essence their submissions were that a magistrate's court can develop the common law provided that the development promotes the spirit, purport and objects of the Bill of Rights. Counsel for the Minister cited section 39 of the Constitution in support of their submissions but argued that in casu the Regional Court Judgment should not be confirmed given the imminent passing of the Sexual Offences Bill. [77] It was also submitted that when the proposed Sexual Offences Bill is passed into law this judgment will in any event become academic. However counsel for the Minister were unable to give any clear indication of when the bill would be made law, even though it has been before Parliament since 2003, but, they said; it is enjoying priority status. [78] Until the bill is passed into law, this judgment will not, in my view, be of academic interest only. It is of relevance to the victim in this case and indeed to others, be they male or female, who are victims of non-consensual penetration per anum. [79] Counsel for the Minister also submitted that if regard is had to the wording of section 172(2)(a) of the Constitution this court is not required to refer the finding relating to the definition of rape (being a common law offence) to the Constitutional court for confirmation as it does not relate to the constitutional validity of an act of Parliament. I agree. [80] However, certain provisions of Act 105 of 1997 and its schedules and section 261(1)(e) and (f) and (2)(c) of the Criminal Procedure Act 51 of 1977 and the schedules to the latter Act relating to bail provisions, where the provisions are gender specific are inconsistent with the Constitution and are invalid to the extent of such inconsistency. [81] The said provisions require a "reading in" of gender neutrality wherever they are gender specific. "Reading in" will not encroach unconstitutionally on the terrain of Parliament and, in my view, is permissible as it is an appropriate remedy to give full effect to the extended or developed definition of rape. See National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others (supra) at 38A-39H; National Director of Public Prosecutions and Another v Mohamed and Others 2002(4) SACR 196 (CC) at 209 par 33; S v Manamela and Another (Minister of Justice intervening) [2000] ZACC 5; 2000 (3) SA 1 (CC).
The following order is made:
The common law definition of rape is declared to be unconstitutional as it currently stands,
for the reasons given by the learned Magistrate in his judgment and for the further reasons set out in this judgment.
The definition of rape is extended to include acts of non-consensual sexual penetration of
the male penis into the vagina or the anus of another person.
The provisions of Act 105 of 1997 and its schedules and Section 261(1)(e) and (f) and (2)(c) of the Criminal Procedure Act 51 of 1977 and the schedules to the latter Act relating to bail provisions are declared to be invalid and are inconsistent with the
Constitution to the extent that they are gender specific.
Where the provisions referred to in (3) above are gender specific there be a reading in of "person" wherever reference is made to a specific gender.
The proceedings in the Court a quo are determined to be in accordance with justice in terms of the provisions of Section 52 of Act 105/1997.
Sentencing of the accused is postponed until the Constitutional Court has made a determination on the order of Constitutional invalidity referred to in (3) of this order.
The Registrar of this Court shall, within 15 days of date of this order, lodge a copy of this
order with the Registrar of the Constitutional Court.
ACTING JUDGE OF THE HIGH COURT /yv
17, 18 Nov 2005; 13 Feb 2006; 27 Feb 2006; 21 April
2006; 26 Mei 2006.
FOR THE STATE: ADV H M MEINTJES, SC and ADV S C BUKAU INSTRUCTED BY: DIRECTOR OF PUBLIC PROSECUTIONS, TVL FOR THE THIRD PARTY: ADV S M LEBALA AND ADV P T BEZUIDENHOUT INSTRUCTED BY: THE STATE ATTORNEY: PRETORIA FOR ACCUSED: ADV B P GEACH , SC (amicus curiae)
and ADV J R BAUER


text:
Walgreen Co. is piloting a pharmacist-led medication therapy management (MTM) program in a post-acute care facility in Florida.
Retail News Breaks Archives
DEERFIELD, Ill. – Walgreen Co. is piloting a pharmacist-led medication therapy management (MTM) program in a post-acute care facility in Florida.
Walgreens said Thursday that through a collaboration with Greystone Healthcare Management at the Lady Lake Specialty Center in Lady Lake, Fla., the participants aim to spur medication adherence and reduce readmissions rates for post-acute care patients.
The program uses Walgreens pharmacists to deliver medication and counseling to patients before discharge from the 145-bed center. After discharge, patients receive a follow-up call from a Walgreens pharmacist within 72 hours to help them understand and adhere to their medication regimens.
"Walgreens pharmacists are experts at helping patients understand and adhere to their medication therapy programs," Marlin Hutchens, Walgreens' market vice president for Florida, said in a statement. "By expanding beyond our thousands of community pharmacies and into innovative health care settings like Greystone's Lady Lake Specialty Center, we've demonstrated the valuable role our pharmacists can play as part of a patient's care team, helping to improve outcomes while reducing costs."
After a review of the Lady Lake center pilot's results, Greystone will explore expansion of the Walgreens MTM program to more settings in its 2,727-bed network of skilled rehabilitation facilities throughout the nation, the companies said.
"Discharge from a hospital or post-acute care setting can be a hectic time for patients and their families, and sometimes it's difficult to make a trip to the pharmacy or to understand a new medication regimen," stated Scott Clark, vice president of strategy and implementation for Greystone. "Having a clinically trained pharmacist deliver prescriptions and information directly to a patient's bedside makes compliance easier, and an ongoing dialogue with the pharmacist helps patients and caretakers transition to a new setting."
Walgreens added that it has participated in similar programs in hospital settings that have helped improve patient care and satisfaction and raised Hospital Consumer Assessment of Healthcare Providers and Systems (HCAHPS) scores.
For example, the drug store chain in November announced a program with DeKalb Medical in Georgia in which the health system improved its HCAHPS top box scores for patient communications on medication significantly over the 90-day period after the program's launch, and DeKalb continues to see those scores climb, Walgreens said.


text:
Friday, October 21, 2011
For Information Contact:
Public Affairs
(202) 252-6933
Former District of Columbia Employee Sentenced to 33 Months
in Prison For Sexually Accosting Teenage Girl
-Defendant Was Supervising Victim, Others Assigned to Summer Jobs Program-
WASHINGTON - Thomas Nelson, 55, of Washington, D.C., was sentenced today to 33 months of incarceration on a charge stemming from sexual advances he made upon a teenage girl who was assigned to work with him through the District of Columbia's Summer Youth Employment Program, U.S. Attorney Ronald C. Machen Jr. announced.
Nelson pled guilty in August 2011 in the Superior Court of the District of Columbia to a charge of attempted second degree sexual abuse of a minor in a significant relationship. He was sentenced by the Honorable William M. Jackson. Upon completion of his prison term, Nelson will be placed on three years of supervised release. He also must register as a sex offender for 10 years.
According to the government's evidence, Nelson worked as a claims examiner for the District of Columbia's Department of Employment Services in Southeast Washington. He was directly responsible for supervising the victim and other youths who, through the summer jobs program, were assigned to work at the Department of Employment Services.
The 17-year-old victim was among the youths under Nelson's supervision. His duties included giving her daily assignments, providing guidance about how to go about the work duties, and releasing her and others in his group for lunch and then again at the end of the day.
On June 29, 2011, Nelson asked the victim to accompany him to the fifth floor to accomplish a task. Instead of taking the most direct route, he walked her through several empty, unlit rooms while he made sexual advances as well as numerous lewd comments. Later, he released all of the other youths on their lunch break, except for the victim. He told the victim that he had something to show her on a computer in a partially hidden cubicle in the back of his office. He then made additional lewd remarks, touched her buttocks and thigh, and undid his pants and exposed himself. At that point, another youth came into the office, and Nelson pretended to be working on the computer. The victim left for lunch and soon received a text message on her cellphone from Nelson that stated, "this stays between you and me."
At the end of the day, the victim told her mother what happened. The next day, they reported Nelson's conduct to the police. He was subsequently arrested and has been in custody ever since.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department, including Detective Bridget Parrish, the lead detective. He also praised those who handled the case for the U.S. Attorney's Office, including Victim Witness Advocate Veronica Vaughan, Paralegal Joyce Arthur and Assistant U.S. Attorney Erin B. Andrews, who prosecuted the matter.


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After a tough day of slurping up jizz-lobs, having her asshole expanded then pounded, her tits slapped, and her orgasms neglected in favor of those of her more obviously explosive partner, you have to forgive a little indulgence on the part of professional pornstars. Hitting the nail or hair salon, knocking back some margaritas, or taking the time for a deeply relaxing massage is perfectly understandable for these tired, weary girls, but being pornstars, their massages can't help but turn sexual, which is where Porn Star Spa comes in. A new-ish Bang Bros site focusing on gorgeous pornstar bodies and what happens when a handy gentlemen applies his tender touch, Porn Star Spa offers a completely different kind of release, both for you and for the pornstars, those poor, exhausted girls.
Quality | 9 |
Design | 8 |
Navigation | 9 |
Updates | 7 |
Content amount | 5 |
Money value | 8 |
Downloadable videos | 9 |
Exclusivity | 9 |
Appeal | 8 |
Overall Score | 82 |
Number of movies | 57+ |
Average length | 34 Min. |
Full length videos | YES |
DRM Protection | NO |
Streaming | YES |
Download Limits | NO |
Video format | MP4 (1280x720) MP4 (852x480) WMV (852x480) |
Pic sets | 57+ |
Pics per set | 300 |
Zip sets | YES |
High res pics | YES |
Model Index | YES |
Watermarks | YES |
Porn Star Spa review | Mr. Pink's Porn Reviews
MrPinks.com review date - 08/26/2012
Being an adult performer and fucking your way through a week just to get a pay cheque seems like a pretty odd way to pay the rent, but the unfathomably foxy dames featured on Porn Star Spa, the latest and quite possibly greatest massage porn site on the 'net, do it all the same. (Hey, if you've got it, flaunt it, right?) Well, with the principals sporting some of the finest, fittest, most outrageously, most fever-inducingly gorgeous women, Porn Star Spa seems like a bold, strident step in the right direction. Bringing these ladies in (or visiting them in their homes) for a deep tissue massage from a strong-handed master manipulator, a massage that soon takes a rather salacious turn. The guys are usually the aggressive ones here, but the ladies do have their moments of cougar-like pouncing, too. Just because they're lying naked on a massage bench, warm oil seeping into their skin and allowing the masseuse's hands to glide from the tension in her shoulders, down her back, over her buttocks, along her thighs, then back up and between the thighs to reach something that certainly isn't on the menu for every weary customer. The sex shown in Porn Star Spa scenes makes great use of these massage tables by having the guy stand, erect as the Eiffel, perpendicular to the woman and insist she attend to his needs for once. Things can, of course, proceed with both fuckers on top of the soft but stable massage table and the use of hot oils and lotions only makes the scintillating sex all the more hot. Getting inside this rather daring massage site costs $24.95 a month, but that price includes access to the infamous Bang Bros network, of which Porn Star Spa is only a very recent addition, and a great one at that!
Porn Star Spa is Bang Bros' venture into massage porn and sees strong-handed men make house calls to the mansions and estates of lonely, stressed, and/or frustrated single women and housewives. Once they're laid down on the table (naked, of course) and at first gently then more vigorously handled they become ravenous minxes intent on making the most of their massages.
The featured women - among whom you'll find Lisa Ann, Rebeca Linares, Alexis Texas, Nicole Aniston, Eva Angelina and Natasha Nice - are photographed beautifully, with ample opportunity for ogling as the massages progress from innocent to absolutely salacious. They're often laid back and allowed to show off their incredible physiques as the handy young man enjoys not only the view, but the tactile pleasures, too.
A new study of the female physique arrives at Porn Star Spa once a week, increasing the unfortunately small content count slowly but surely. Every update brings both photo and video content, with the former now reaching a 2000px resolution and the latter available to download or stream at 720p HD. Visually, the site is simply incredible. There is no better site for ogling the hottest pornstar bodies; none.
Instead of handing over the usual $24.95 monthly membership fee, Mr. Pink's has negotiated a deal that gets you, dear reader, in the virtual door for a pissy little $14.95 - chump change! When you consider that your membership also allows for complete access to every one of Bang Bros' 43 exclusive sites, well, just try and resist.
Not yet holding a particularly large collection, Porn Star Spa's archive only counts 57 updates. There's no real remedy for this - at least, not one that doesn't involve doubling the rate of update - so I suppose we'll just have to wait. Hey, it's not like there isn't almost 60 incredible hotties to eye-fuck while we wait, right?
The scenarios in play here at Porn Star Spa often rely more on the pornstars reactions to absurdly presented advances and not the delights of the pre-sex massages themselves; or the masseuses, really. You'd think it'd be hard to mess up - hot woman gets a massage only to find herself disgusted then delighted by the masseuse's roaming hands - but a few missteps and poor acting call for a slight revision of Porn Star Spa's M.O.
Inside the realm of the Bang Bros, it's ads, ads everywhere and not a one to click. Many of what appear to be tumbnail previews actually don't take you anywhere useful, just to a page asking you to upgrade your membership to include affiliated, non-network sites. There is, of course, a barrage of (often animated) regular ads that are quite annoying.
Chalk it up to personal preference, but I was a tad disappointed to find a very, very strong contingent of featured pornstars sporting huge artificially inflated racks. Since massage porn is essentially all about adoring the marvelous physiques of pornstars, I would've thought more natural girls would be the preference of the webmasters.
Conclusion: Porn Star Spa; pressure to eclipse the others, to be original, to recruit the best cast in town, lay them down for a sensual massage and have it lead somewhere far more explicit as soon as possible. While the women's performances tend to be hugely overplayed, almost to the point of being unwatchable, when they stop awkwardly reading lines and instead allow themselves to be well and truly toyed with by their hired hands Porn Star Spa becomes a real treat and genuinely enjoyable and arousing. The High Definition videos do an exceptional job of capturing and rendering every shot of barely parted thighs, glistening oiled-up racks, and eventually the final application of organic lotion all over their faces, chests, bellies, and asses. Though it's a small site of just 57 scenes, Porn Star Spa is steadily growing and with fierce dedication to showing off the physiques of its utterly incredible models, it is developing into a very, very fine site and a crucial part of the new wave of Bang Bros sites.


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New York Giants running back Derrick Ward runs for a 51-yard gain while chased by Carolina Panthers, from left, Chris Harris, Thomas Davis, Na'il Diggs and Jon Beason (52) in overtime of an NFL football game Sunday, Dec. 21, 2008, at Giants Stadium in East Rutherford, N.J. The Giants won 34-28. (AP Photo/Henny Ray Abrams)
The Carolina Panthers have hired Ron Meeks as their new defensive coordinator.
Meeks spent the past seven seasons running the Indianapolis
Colts' defense. He replaces Mike Trgovac, who resigned last week
despite being offered a contract extension.
The 54-year-old Meeks will take over a defense that struggled at
the end of the season. Carolina allowed 30 or more points in six of
its last seven games, including in a 33-13 loss to Arizona in the
NFC divisional playoffs.
The move Monday leaves the Panthers with three openings on coach
John Fox's defensive staff.


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Tea Dynasty
Edit CompanyPopular Teas from Tea Dynasty
See All 27 TeasRecent Tasting Notes
Ugghhh I'm so tired… I pushed too hard at the gym and work was stupid. I'm gonna pass out in bed after finishing this pot of tea. Good tea can make anything better! And sleep. Sleep is good.
This tea is alright. It's sweet and fruity but also kind of… creamy? And unmistakably a green. It turned out a little bitter but that may have been due to steeping errors. It's kind of weird when something is sweet and bitter at the same time. This tea seems somehow thick, kind of the consistency of whole milk? I think I like it alright, but not enough to buy more right away.
There's only a bit left in my bag so I think I'll cold-steep it later cause I'd like to try this iced. I hope that won't make it bitter… I'm kind of new to the whole cold-steeping thing.
Okay, goodnight!!
I know there are strawberries in this tea because I can see them in the loose leaf, but after brew, I can barely taste them. It is a lovely white peony, but there is very little strawberry in the flavour. I think I definitely prefer the David's Tea version.
Disclaimer: I cannot recall the exact name of this tea. If you know what it is, please correct it! they only have one Keemum variety so it should be a no-brainer for someone with a decent memory. Sorry to fail on all you Steepsterites!
Anyhow, on to the tea. The guy in the shop gave me a sample… using a gaiwan!! apparently the store plans to sell them for a reasonable price in the near future! so exciting :)
and the flavour?
It was interesting! I quite enjoyed it, but I'm not sure about how to rate it. My brain has yet to decide precisely how much I like this one. The floral/smoky note was mild but pleasant, and the black tea was also mild, but the liquid itself was a touch thick in the first few steeps. By the third round, the smokiness was gone, replaced by a mild spicy note that hid in the background all the way to the finish. There was a slight floral aspect as well, more pronounced once the smokiness faded.
I don't think I would buy any, moreso because there is a minimum purchase of 50g and there are so many other teas I'd like to try before lapping myself in tastings.
Also, this is my first Keemum, and so I really have no idea how it compares. In time I will!
ah yes, the second sample I tried. Really good!! Buttery and vegetal, it really stood apart from the first tea. Oh and not too heavy either, yet still lighter than the Ben Shan. I can't recall much more than that though. If only I'd remembered to write it down! does the leave it to beaver fist swing
Yipeeeeee! I've wanted one of these for SO long, and when I discovered that TD was down to their last few sets, and weren't likely to be getting more anytime soon… well I could not resist. My tea ban is on "tea" not tea*ware* so I haven't broken the rules yet. Right?!??
And the price was pretty darn good to. $26 is good, isn't it? (I need to double check, maybe it was 36? my receipt is downstairs)
Aaaaaanyhow, about the tea. I sampled three kinds today so forgive me if I mix them up. I'm pretty sure I did get these out of order!
I can tell you that I tried a Ben Shan, a Buddhas Palm, and a… err, was it White Needle?? Frank, if you end up reading this, please help!!
Oh yes, let me introduce Frank! He is the lovely tea guru who was so kind to brew the tea and share with me :)
Now, if am not mistaken, this was the last one I tried. It was quite light with a hint of fruitiness, and very sweet. More sweet than the other two I tried.
My least fave of the three but still very good! Incredibly smooth, esp compared to anything I've tried before this.
I am rather new to actually enjoying green oolongs so I was pleasantly surprised by how different they can be. Before my 'bud flip, I was a serious dark oolong girl who typically shunned the green side. and now? I cannot get enough! go figure.
If you are ever in Toronto, be sure to stop by the shop. It's halfway between Wellesley and Bloor on Yonge St.
Dinosara- ooooh yah you will have so many options in China! mine isn't the prettiest, but it IS a Gawian :P
Amy, hmm you're right! but since I consume most of my caffeinated teas at work, and am not home often during the day… well that leaves me a little short on time so it will have to wait til my next free weekend day, which is Feb 5th! but that is only cuz on the 4th, I have a tea tasting to attend lol
I want…um….MOST of these! :)
And the company is fabulous. They are so helpful and accommodating. We have ordered a lot of tea ware from them and love it, and I just got some tea from them as well. When you call you will be speaking to the owner or his wife!
I finally made it into Tea Dynasty on New Year's Eve. It was really lovely. I'm glad Toronto has it, but wish it was in a part of the city I frequented these days! I've been wanting to try black dragon pearls for some time now, and was happy to see them there. Unfortunately they are rather pricey. I decided to use three of the pearls (they are much larger than any green jasmine pearls I've seen) in my 100 ml gaiwan.
I took my habit to an all-new level of out-of-control this Christmas in asking for a Zojirushi, so I was excited to break it in today with this tea. It's so great for quick re-steepings!
As for the tea: nice and chocolatey. Very mellow and earthy, with sweetness increasing over the course of the four infusions. I could see this one becoming a favourite if not for the price.
I suspect he oversteeped this. It was bitter, but overly so, and in that tannic, cloying way that makes my mouth dry.
The bitterness overshadowed the smokiness that I believe was poking out but can't be sure really. The slight sweetness managed to get me through most of the cup but eventually it became too much for me and I tossed the last of it in the bin.
I'm not writing this one off, but now don't want to invest in a take home batch… hmmm, always a gamble.
So I experimented with this somewhat. Brewing this at 84 degrees, it seems, is not the best way to go!
It's still pretty darn good, but there is a certain plasticky taste that comes out at this temperature. Definitely better at a higher temp. I need to experiment some more…
(It doesn't help that the cavity my dentist filled last month is throbbing with every sip! I need to ask him about that.)
Oh, and the lapsang I made yesterday is lending some smoky notes here as well. It's certainly interesting! and resilient to, even after a good scrubbing I can still taste it.
This is indeed a very tasty tea! no surprise there… I knew the same tea combination from Davids was amazing so I expected more or less the same. One day, I'll do a side by side comparison to see which I like better.
Sadly, the Davids tea may win that battle. Apparently places that do blends like this usually use flavoured oils to enhance the tea, and this shop, being more "pure" has decided not to indulge in such unpure practices.
Also, the white peony from Tea Dynasty is a little rounder, and not as delicate in flavour… which is part (just a small part!) of what I love about the Davids version.
Does anyone know why some white teas have that delicateness, and others don't?? I'm curious!
That said, the TD version uses freshly dried strawberries that really punch through on the first steep. They come out nice and tart, while DTs is only sweet and far from tart, compared.
By the second steep of the TD tea however, the strawberry is mostly gone… leaving the barest suggestion of strawberry, and mostly in the aftertaste.
On another note, I just love that the shop owner will make whatever blend I want! this wasn't on the menu so I asked him to do it up for me and he did! one of many things that sets this place apart from the other shops :)
white teas are often harvested only in the spring from buds and new growth, this leaves the plant little time from a period of relative dormancy, to spring flush, and so the plant has little time to translate flavors from the soil and surroundings to the new growth…the tea is also only plucked, steamed, lightly oxidized and dried, this doesnt allow for a period of chemical transition in the leaf that can also add additional flavors
bai mu dan/pai mudan, white peony, white eyebrow all are slightly oxidized (like black teas and oolongs) you can see it in the 'browning' in the leaves….white bud teas are rare and lack the oxidation
hmmm. I will have to look out for this browning.
So what makes the white peony at David's and Tea Emporium taste fresher than that of Tea Dynasty's? is it the region where it is grown?
could be they source the tea more directly or have higher turn over of that product, could be they are sourcing from a more organic dealer, or they are choosing a less oxidized, more 'green' version from the many sources they are cupping from…i was surprised how different rooibos could be when I requested simple, plain, non-flavored sourced from the same region…the flavors ranged from 'fruity' to almost 'fennel' strange and wonderful how the plants can offer such a flavor profile difference from subtle changes in climate, soil, processing…
I agree, it's fascinating how different one tea can be, even between batches from the same retailer.
My mission of trying every tea out there is proving impossible. There are just too many!
This was… tasty. Milky, but not all that sweet except for the finish. There was also a distinct fruity note but of what variety I can't be sure. A bit "green" and vegetal as well. Solid, but not my fave oolong from this shop.
Sorry for the rushed reviewss… I am dead tired!
Logging yet another lovely milk oolong on my quest to try them all. :) Thank you, Indigobloom, for this delicious swap!
Dry, the tea smells slightly milky. It reminds me of the caramel with the cream center. It's a pleasant aroma. 195F(90C)/4 min. Mmmm… now the aroma is a bit more pronounced. When I smell it, my mind clicks on that this is a milk oolong. The taste is really pleasant. It's interesting the variety of milk oolongs that are out there. Some are fruity, some are floral, some are nutty, and some are a combination of multiple flavors. This milk oolong is a nutty one. The oolong is very pronounced, which is nice as it's my favorite type of tea. It's very slightly bitter due to my unintended oversteep. It's smooth and definitely creamy. Definitely an enjoyable stop on my milk oolong tasting tour.
Well. I am NOT a fan of Jasmine. I've always known this, but decided to give it a go with some quality tea just to be sure. and it was confirmed. Jasmine and I do not get along.
The base was good, I enjoyed the nutty oolong and even parts of the floral but couldn't get past the biting itchiness. As the cup cooled, I actually grew accustomed to it and started to hate it less and less… but then, well I became nauseous in a way only pu'erhs have ever done.
It makes me wonder if I have an allergy to jasmine.
As for the rating, I am of two minds. Anyone who enjoys this type of tea would find it lovely, surely… but this is my review! so I'll leave it at how I feel about the brew. Any tea that makes me feel ill should never get a rating above 60! but the base was so good… ok so 67 then!
A very light and floral oolong which had a subtle aroma to it. A little too light for my tastes but still a nice cup of tea. I was brewing it in a gaiwan using short infusions. I think more leaves may have been required to get the most out of this particular tea, that or a smaller vessel.
this blew me away!!!! wow. amazing. love it!!
Another one on my "to purchase" list :)
It's naturally sweet with smoky and floral notes… sortof like a smoky milk oolong without the milk essence, just the sweetness that comes with it. Sugar or honey could never achieve that subtle pure taste! and it's complex all on it's own! I love that part :)
mmmmm soooo good! Well, outta time. I'll write more next time!
This is the one I walked away with a cup of over lunch hour. Not bad… but I imagine this would make for a better base to go with other ingredients.
The shop offers a "make your own tea" option so I'm thinking about trying this with strawberry and attempting to replicate my DT experience only with Silver Needle instead of White Peony.
One day I will go in there and just chat with the sales guy for a few hours… he doesn't mind letting customers sample and he seems to enjoy educating us as well so I am in heaven there! :)
The tea itself was a pretty standard "white" for me, albeit a quality one. I do wonder how it would have presented using a gaiwan though. and I think I need to try their version of White Peony before jumping to any conclusions.
Overall, I still prefer the White Peony from Tea Emporium… I mean, if I had to pick just one straight up white to go with. It's less fuzzy tasting and more aromatic.
(though we chatted awhile. I think it may have been oversteeped. that's twice in one day! arg)
wowsa, was this ever smooth!! I got a tad of the normal tea/wearing sensation, but nothing like the crude abrasiveness I experienced with the T&T variety awhile back. YUMMM!!!
The barley flavour was just strong enough that I craved more, and the roasted flavour was not overdone either. This is rich in calcium, and tasty… AND great iced. The aroma is intoxicating to.
This is love… well, as much love as I could have for an iced tea. There is something about holding a hot beverage that will always have a special place in my heart. err, stomach. err hands! yes, that's it… :P
oh, good! I included a few bags for you to try in the sampler package… I'm excited to hear about what you think of it!!
I can't wait! Maybe it'll be here in time for Christmas… ;) I'm guessing my package to you hasn't arrived either. I know that barley has protein. I wonder if any of it passes to the steeped tea?
this link I found on livestrong says there is, but there are so many variables, I'm not sure what they are…
ha, merry Christmas!!! and yes, your package arrived, I just opened it!! thankyou QG, so generous!! it pays to look in the front room… (where we keep our mail, I just got home) lol
Woo-hoo! :) Glad it got there.
I'm going with it and saying that there's protein, then. Yet another reason for the kiddos to drink it.
Yet another tea I must try on your recommendation. You are dangerous to my wallet! ;) But especially since I can't have milk, finding calcium-rich foods is a must.
QG: There are some really good ones in there! I don't know which one to play with first lol
LKK: I love it, just beware, this one is an acquired taste, being roasted and all- my best friend is Japanese so I've been drinking it since I was in elementary school… but it is an addiction to be sure!
oh and a magazine I read says barley is one of nature's super-foods… eating away at bad cholesterol. Yay! :)
oh and we're SO agreed on the calcium… I shouldn't have much milk myself as I don't do well with it(but indulge anyhow, moderately). apparently this tea has something like ten times the amount of calcium that milk does! :P
This tea is very light both in aroma and taste (as far as the color goes, it's actually somewhat dark, I've seen much lighter greens). This tea is kind of smoky and really mellow. It reminds me of smoked almonds or kippered herring (the smoke profile of course, it's not fishy at all).
Dry leaves are of mixed green and light brown color. Steeped liquor turned out to be a slightly darked than usual for oolong color. Smell is reminiscent of Tie Guan Yin, very orchid like. Taste wise it's a mix of tie guan yin, da hung pao and green tea, very pleasant mix.
Ugh, so apparently this is a Pu'erh blend as well?!? are ALL Yunnan's like that? I thought it was a region, not a type of tea :(
Well it's better than the one I had yesterday, possibly because I added milk, and when that wasn't enough, some cream. and about triple the amount of agave I normally add, and I can still barely taste it- agave is potent stuff! apparently yunnan doesn't take to sweeteners very nicely.
I had planned to share this with a friend, but it looks like I need to find another one to do that with because I don't see anyone except pu'erh fans loving it…
That said, are there any steepsterites interested in a swap on this one? heck, forget the swap, I'll just send it to you!
Now, about the flavours… it's earthy, but not as much as other pu'erhs so perhaps that's why it isn't listed as such. The other notes remind me of a plain black tea, with a mild malty flavour. Call it an orange pekoe/pu'erh blend.
It smells earthy to, which I think is half of what turns me off. The other half emerges at that point where you're about to swallow, that's when I taste the earthy oddness. I wouldn't say it's unpleasant… more like my taste buds don't know what to make of it.
Anyone ever tried a Bentonite cleanse? like that only a whole lot less intense.
Oh my goodness, I just realized that's what it reminds me of!! ok now it's not so bad. There is something comforting in recognizing it. Still, I'm offloading it to any takers…
I like yunnans, but they tend to give me tummy rumbles so I just don't drink them! When I smell that peppery scent I know there is going to be growling bear noises. Oddly, pu-erhs don't do that to me, even though they are usually made from yunnan tea.
huh, now I know! I had no idea that yunnans were the base for pu'erhs. They taste very similar to me, which is strange cuz I thought the earthy taste was a product of the fermentation. hmmm
They make me feel ill as well, you aren't alone there!
It is a region of China, it's just a region that has a very distinctive flavour profile. :) But yes, from what I understand it's also the birthplace of the pu-erh type.
To me, though, the Yunnan blacks and the pu-erhs aren't that similar in flavour.
double huh :)
I think maybe because I dislike it so much, I notice more of a similarity… they both taste very earthy to me, only the pu'erh is thicker and stronger in flavour
Isn't that odd? :D But it totally illustrates why flavours can't be discussed, only clarified, agreed or disagreed on. :)
I have to shorten my steep time on yunnans. When I sniff the leaves, peppery=rolling tummy noises. Don't know why but I assumed it was because they believe most yunnan tea is assamica varietal, and Indian teas do the same to me so I guessed it was something about that varietal. On the other hand, if I eat a fatty meal and feel miserable, a cup or two of pu-erh usually perks me up. I prefer the ones that smell like a horse barn to the fishy ones, but I suspect my ou-erhs from Southern Season may not be as strong as some others. It doesn't taste like the smell (thank goodness) and has a nice sweetness. It seems to do away with that yucky bloaty feeling.


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Alright, here's the thing.
Guild wars 2 is out. I have it. You get rewards for having guild wars 1. I never had that.
Anyone here have and old guild wars acc they won't be using since you don't feel like playing Gw2? I'm willing to offer something in return, such as a $20 game on steam or some other reasonable thing. Or just a $20 per-paid credit card. (Info would be sent privately to you for online purchases if you desire.)


text: Tzazik comes from the Asian Turks, it's original name is cacik. As you know yoghurt is a Turkish food too and if you search for tzazik history you'll see that Greek people start to use and eat this recipe after the Ottomans come into anatolia. thank you have peace in your life


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November 13, 2012
November 7, 2012
Carlan is a charismatic Sports Broadcaster and Journalist. He is the play-by-play voice of the National Basketball League of Canada's Oshawa Power. Carlan has also had the privilege of covering the CCAA, OCAA, OHL, NBA, NCAA Men's Basketball and the CFL.
Glad you found it helpful. And surprisingly, you're not the first person that's ever called me "Brad", haha. Guess I look like a Brad.
I forgot to add, great opening on that Raptors article.
Thanks for becoming a fan, Carlan! I see you are pretty new to B/R — how are you liking it so far? That was a terrific first article you wrote by the way. Damian Lillard has been playing incredibly well and even though I think he was on most people's radar as a rookie who'd shine, I don't think anyone expected him to be playing this well. If you have any questions about B/R, I'd be happy to help out! Thanks again.