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Juta Law Journals
Acta Juridica
About this Publication Editorial Board
This annual thematic journal is published with the Faculty of Law of the University of Cape Town. Each year a current legal issue forms the focus.
Update Annually
Year 2000 -2016
Category Juta's Law Journals
Prof Alistair Price
Alistair Price is an Associate Professor in the Faculty of Law, University of Cape Town, where he teaches the Law of Torts/Delict, Contract, Administrative Law, and Jurisprudence. His research compares intersections between private and public law in different legal systems, focusing in particular on the manner in which the law of obligations has been and ought to be influenced by fundamental rights. He holds a LLB degree from UCT, a BCL from Oxford, and a PhD from Cambridge. His work has been cited by the South African Constitutional Court and Namibian Supreme Court. He previously worked at the Max Planck Institute for Comparative and International Private Law in Hamburg, as a law clerk to the former Chief Justice of South Africa, Pius Langa, and as a college supervisor at the University of Cambridge. In 2018 he was awarded a P-rating from the South African National Research Foundation (see www.nrf.ac.za/rating).
The Langa Court: Its distinctive character and legacy
THEUNIS ROUX*
The composition of the South African Constitutional Court under its second Chief Justice, Pius Langa, was virtually identical to that of the post-2004 Chaskalson Court. Despite that, this tribute to the late Chief Justice argues, the two courts were different in several respects. For one, there was a marked increase in the dissent rate on the Langa Court, which may be explained in several ways, but which at the very least suggests that the judges were less concerned than they had previously been about presenting a united front. The Langa Court was also responsible for several doctrinal innovations, including the expansion of the court's 'meaningful engagement' approach to socio- economic rights. Most of all, however, the Langa Court will be remembered for its deft handling of the Zuma-Thint corruption cases. In case after case, the court successfully resisted being drawn into the political leadership struggle that dominated Langa's term as Chief Justice. If there is still some uncertainty over the Langa Court's legacy, this has to do with the judges' decision to lodge a complaint against Cape High Court Judge John Hlophe for alleged interfer- ence in their processes. Pending the full hearing of that complaint, questions remain over the manner in which it was brought and the strategic wisdom of starting a procedure whose impact on the court's independence was likely to be profound and yet at the same time difficult to control.
* Professor of Law, University of New South Wales, Australia; BA (Hons) LLB (Cape Town) PhD (Cantab).
The people, the court and Langa constitutionalism
JAMES FOWKES*
The extra-curial writings of the late Chief Justice Langa contain several brief but suggestive references to the role of the People in South African constitu- tionalism – references that go beyond the standard court-centric picture in which the people, having underwritten the Constitution as popular sover- eigns, are thereafter confined to supporting roles: bringing cases, complying with orders, supporting the courts to defend their independence. The writings of the late Chief Justice should encourage us to consider the more active and positive role that the people can play as constitutional agents, including as an ongoing source of interpretative activity. This constitutes an important quali- fier to the dominant tendency in current writing on South African constitu- tionalism to see political forces as threats and public opinion as an obstacle. It is also more than an attractive but hypothetical possibility: I argue that it will assist us to see how much of the South African Constitutional Court's activity since 1994, including all of its most globally-celebrated bold cases, are constructed to a significant extent on pre-existing public foundations built by forces both inside and outside the ANC government – an important rebuttal to prevailing court-centric accounts.
* Senior Researcher, Institute for International and Comparative Law in Africa, University of Pretoria; BA (Hons) LLB (Witwatersrand) LLM JSD (Yale). I am grateful to Michael Bishop and Alistair Price for organising such a worthy event, and to Michaela Hailbronner, conference participants and two anonymous reviewers for their comments and reactions. The usual disclaimers apply.
Humility, dissent and community: Exploring Chief Justice Langa's political and judicial philosophy
DAVID BILCHITZ*
This paper explores key features of Justice Langa's political and judicial philosophy through examining the important value he placed on disagree- ment and dissent. I begin by considering the controversy which erupted surrounding the comments made by the President of South Africa, Jacob Zuma about the practice of judicial dissent. Underlying these comments are specific assumptions concerning the law, adjudication and, in particular, the nature of a political community. I seek to draw from the writings of Justice Langa concerning dissent and constitutional democracy more generally for responses to these comments, which in turn outline a political community and the judiciary's role within it that has deep roots in African philosophy. Langa emphasised the need for humility in the face of human fallibility: in light of this, he argued for the importance of respecting and preserving diverse voices in law and society that would be in a continuing conversation over time about how to improve society. I then consider some of the key themes on which Justice Langa felt impelled to write dissenting judgments. These include an emphasis on the history of South Africa, substantive equality, the regulation of private power and the accountability and fairness of public power. This analysis helps us to understand in more detail the kind of polity Langa believed we should be forming. South Africa should be a community that provides a space for diverse individual identities to flourish. Dissent will be a vital part of such a society, being recognised not as a problem but as part of the richness of our diversity which emphasises the need for openness and flexibility in our joint quest – across many conversations – to attain a more just society.
* Professor of Law, University of Johannesburg; Director of the South African Institute for Advanced Constitutional, Public, Human Rights and International Law; BA (Hons) LLB (Witwatersrand) MPhil PhD (Cantab). I would like to thank Mr Michael Dafel (Researcher, SAIFAC) for excellent research assistance in the preparation of this article and for his collection and updating of the statistics I requested for use in the article. I am also grateful to the two anonymous referees who provided detailed and nuanced comments that have helped to improve this article.
The importance of dissent: Two judgments in administrative law
CORA HOEXTER*
In a Bram Fischer lecture, Chief Justice Pius Langa spoke eloquently about the value and importance of dissent in society and more specifically in the courts. This article draws attention to two judgments in which he himself disagreed with the majority in the context of administrative law. Both judgments are characteristic of Chief Justice Langa and show him at his best, if not at his most popular. Both are remarkably clear-sighted and well-reasoned opinions. Both demonstrate his strong sense of constitutionalism and his profound respect for the design of our democratic Constitution and the institutional roles set out in it. Most tellingly of all, both are based on principle rather than pragmatism, and both eschew expediency. While only one of these judgments has found vindication in the Constitutional Court's subsequent jurisprudence, both opinions illustrate the qualities of scrupulousness and courage that distin- guished the work of Chief Justice Langa; for in both instances he faithfully followed the advice he gave at the end of his Bram Fischer lecture: 'Tell the truth about the emperor's robes, no matter the consequences.'
* Professor of Law, University of the Witwatersrand, Johannesburg; Advocate of the High Court of South Africa; BA LLB (Natal) MA (Oxon) PhD (Witwatersrand). 1 P Langa 'The emperor's new clothes: Bram Fischer and the need for dissent' (2007) 23 SAJHR 362. 2 Langa (n 1) 369ff.
Transformative constitutionalism – Guiding light or empty slogan?*
JASON BRICKHILL† AND YANA VAN LEEVE‡
We engage afresh with the notion of transformative constitutionalism as envisaged by Justice Langa. We respond to the charge that it is an empty slogan, which can mean anything and therefore means nothing. It includes at least two components: economic change and change in legal culture. The economic change must include, at the very least, the entitlement to the material conditions necessary for a dignified life, as represented in the Bill of Rights. We then consider progress, since Justice Langa spoke in 2006, against five challenges that he recognised – both at the level of the jurisprudence during that period and political developments within the legal profession and more broadly. Recent developments suggest that, despite progress, we have been diverted from the path of transformative constitutionalism that Justice Langa proposed, both in relation to economic change and legal culture.
* This article is based on a paper presented at a conference hosted at the University of Cape Town in January 2014 in honour of the late former Chief Justice, Pius Langa. We extend our thanks to the organisers of the conference, Michael Bishop and Alistair Price, and also to all the other attendees whose papers and contributions during the conference influenced our approach in this paper. The two anonymous reviewers provided thorough and challenging reviews. We also thank Tess Peacock, Michael Mbikiwa, Max Taylor and Avani Singh for comments on drafts of the article. All errors remain ours.
† Director, Constitutional Litigation Unit, Legal Resources Centre; Honorary Research Associate, University of Cape Town; Member of the Johannesburg Bar; LLB (Cape Town) MSt (Oxon).
‡ Law Clerk, Constitutional Court of South Africa; Deputy National Coordinator of Equal Education; Attorney of the High Court of South Africa; BSocSci (UCT) LLB (UWC).
Legal transformation and legal education: Congruence or conflict?
DENNIS DAVIS*
This contribution canvasses the extent to which the legal academy has responded to the ambition of the Constitution in the manner in which legal education is provided in tertiary institutions. In order to answer this question the paper sets out a definition of the concept of legal transformation which is divined from a holistic reading of the Constitution. In particular, the demands which the Constitution places upon the development of the common law is emphasised. Following upon this analysis, the paper examines key textbooks which are used in teaching, particularly of contract and delict, in order to determine the nature of teaching in critical subjects. The analysis reveals that key areas of law are taught as if the Constitution has little or any influence to play in the study of or the development of South African private law. Further, there appears to be a regrettable absence of any engagement with a legal method which might have emerged in order to meet the transformative legal challenges as outlined in this paper.
* Judge of the High Court of South Africa; President of the Competition Appeal Court; Honorary Professor, University of Cape Town; BA LLB (Cape Town) MPhil (Cantab).
1 See eg FI Michelman 'The rule of law, legality and supremacy of the constitution' in S Woolman et al (eds) Constitutional Law of South Africa vol 1 ch 11; see also FI Michelman 'Expropriation, eviction and the gravity of the common law' (2013) 24 Stell LR 245.
2 The Constitution of the Republic of South Africa, 1996.
Bridging the gap between people and the law: Transformative constitutionalism and the right to constitutional literacy *
TIM FISH HODGSON †
Only 46 per cent of people in South Africa have heard of the existence of either the Bill of Rights or the Constitution. Only 10 per cent of people have ever read the Constitution or had it read to them. For transformative constitutionalism to be meaningful it must take into account this context and acknowledge that the success of the constitutional project requires the creation of a societal culture shaped by law and a legal culture shaped by society. This paper builds on the work of Chief Justice Langa and others who have written on transformative constitutionalism. It frames the philosophy of transformative constitutionalism as people-focused and acknowledges the need to bridge the gap between people and the law in South Africa. It discusses the historical and systemic reasons for this gap and argues that knowledge and understanding of rights – constitutional literacy – is itself a right. This argument is grounded in the state's duty to promote the rights in the Bill of Rights and the rights to access to courts, dignity and basic education. Empowered by full knowledge of our rights, we have the right to make the many decisions of which our lives are composed, participate fully, meaning- fully and effectively in society, and make decisions about when and whether to approach courts to protect our rights.
* I am indebted to Ashley Pillay, David Bilchitz and Mark Heywood for their incisive substantive comments, good humour and strong encouragement. Thanks also to Anthony Fish Hodgson and Roslyn Fish for assistance with proofreading. My thoughts on this topic have been strongly influenced and inspired by hundreds of learners who attended workshops at the Constitutional Court by the Constitution Hill Education project (2012–13), community members in Xhora River Mouth area (2012–14), thousands of learners who attended LAWCO workshops (2008–9), members of the Know Your Constitution campaign, Meghan Finn, Metumo Shilongo, Brett Pollack, Jon Parsonage, Mateenah Hunter, Amanda Mfuphi and my colleagues Muhammad Zakaria Suleman, Mluleki Marongo, Catherine Thorpe, Kagum Ahmed and Isabeau Steytler.
† Researcher, SECTION27; BBusSci LLB (Cape Town) LLM (Michigan).
Customary succession and the development of customary law: The Bhe legacy
SINDISO MNISI WEEKS*
The Bhe decision was an important intervention in customary succession and women's ability to inherit under official customary law. It also had significant implications for the development of legislated customary law and the jurispru- dence pertaining to it. This article explores the Constitutional Court's findings in light of literature and empirical evidence of women's rights to inherit under customary law both before and after the judgment with the goal of celebrating the legal successes that the judgment symbolises and critiquing it on its limited benefit to remotely placed, rural women on the ground. The article draws on a detailed empirical study of how Bhe minimally impacted the dispute resolu- tion of rural traditional courts around women's inheritance, substantially – but not entirely positively – impacted a rural magistrates' court in Mpumalanga and, in turn, impacted the women who rely on these forums for access to justice. It also draws on data from the Community Agency for Social Enquiry's 2010 survey on women, land and customary law to reflect the trends in inheritance practices that have emerged in customary communities from pre- to post-1994. The article is, in part, a commentary on the narrow interaction between formal and informal legal institutions as well as the need to review the tools possessed by the formal courts to develop vernacular (that is, living customary) law. The article concludes with suggestions on what further developments are needed if rural women are to be served by the law as it stands.
* Assistant Professor, School for Global Inclusion and Social Development, University of Massachusetts Boston; BA LLB (Cape Town) MSt DPhil (Oxon). 1 Bhe and Others v Khayelitsha Magistrate and Others; Shibi v Sithole and Others 2005 (1) SA 580 (CC).
Bhe v Magistrate, Khayelitsha: A cultural conundrum, Fanonian alienation and an elusive constitutional oneness
SANELE SIBANDA* AND TSHEPO BOGOSI MOSAKA †
With reference to Bhe v Magistrate, Khayelitsha, this article critically examines the interplay between customary and common law under the Constitution. More precisely, it questions the implications of judicial and legislative approaches that conceptualise customary law in cultural terms, whilst treating the common law as immune from similar characterisation. The article argues that such an approach results not only in the further entrenchment of misplaced notions of the cultural ascendancy of the common law over customary law, but also further cements a Fanonesque alienation of the adherents of both systems of law from each other and indeed themselves. This outcome, it is argued, has serious implications for the forging of a constitutionally inclusive citizenship.
* Senior Lecturer, University of the Witwatersrand, Johannesburg; BA LLB (Cape Town) LLM (Witwatersrand).
† LLB (Witwatersrand).
Contractual obligation and the journey from natural law to constitutional law
FRANÇOIS DU BOIS*
The bold promise of the Constitutional Court's first foray into the field of contract law during Langa CJ's leadership remains unfulfilled. This paper takes issue with both the Supreme Court of Appeal's reticent reaction to Barkhuizen v Napier and commentators' criticism of the CC's preference for indirect horizontal application of the Bill of Rights. Proposing an expansive under- standing of the reach and force of indirect horizontal application, it argues that the Bill of Rights requires a new, constitutionally-informed, conception of the normative foundations of contractual obligation in place of the natural law approach of the Roman-Dutch tradition as articulated by Grotius. Such a conception does not treat the enforcement of contracts as tantamount to enforcing a duty to keep one's word, a duty of virtue, but as supporting the consensual creation and vindication of interpersonal rights when it is in the public interest to do so. The SCA's continued rejection of good faith, fairness and reasonableness as principles on which parties and courts can rely directly, as opposed to abstract values underlying operational rules and principles, are shown to rest on a conception of contractual obligation that is incompatible with the constitutionalisation of South African law.
* * Professor of Law and Head of School, University of Leicester; Honorary Research Associate, University of Cape Town; BA LLB (Stellenbosch) MA BCL (Oxon). 1 2007 (5) SA 323 (CC). 2 Napier v Barkhuizen 2006 (4) SA 1 (SCA) para 7.
State liability and accountability
ALISTAIR PRICE*
This contribution examines the relationship between two intersecting themes in Chief Justice Langa's judgments: the need to hold the state accountable for its wrongdoing and the need to hold the state liable to pay a monetary sum to a victim of its wrongdoing. I argue that accountability is promoted by requiring the state to explain or to justify its actions and by holding it responsible for its actions. Responsibility for wrongdoing may and should take a variety of forms, both legal and political. Legal liability to pay money is but one of these. There are at least four distinct grounds to hold the state liable in South African law. Our courts have relied most heavily on one of these routes, namely the law of delict. Although in principle this is welcome, in future further attention should be given to the possibility that awarding 'public law' compensation as an alternative, whether constitutional damages or an award grounded in administrative law, may on occasion be a better means to hold the state accountable for failures to perform its distinctive obligations.
* Associate Professor, University of Cape Town; Advocate of the High Court of South Africa; BBusSci LLB (Cape Town) BCL (Oxon) PhD (Cantab). 1 See eg Minister of Safety and Security v Luiters 2007 (2) SA 106 (CC) para 34 (the need to render the exercise of public power accountable is relevant when applying the law of delict to the state) and President of the Republic of South Africa and Another v Modderklip Boerdery (Pty) Ltd (Agri SA and Others, Amici Curiae) 2005 (5) SA 3 (CC) paras 60–5 (constitutional damages, rather than delictual damages, may on occasion be awarded against the state). <sup2 In this contribution, the term 'state' should be understood broadly to encompass all entities or functionaries (whether or not part of the traditional institutional core of government) which 'exercise a public power or perform a public function' whether in terms of the Constitution of the Republic of South Africa, 1996, a provincial constitution, legislation, other law, or a contract. This 'functional' definition of the scope of the state differs from older 'institutional' definitions, which focused on the nature of institutions rather than on the nature of their functions. Today '[w]hat matters is not so much the functionary as the function': President of the Republic of South Africa and Others v South African Rugby Football Union and Others 2000 (1) SA 1 (CC) para 141. See also ss 7(2), 8(1), and 239 of the Constitution, s 1(b) of the Promotion of Administrative Justice Act 3 of 2000 (PAJA), and AAA Investments (Pty) Ltd v Micro Finance Regulatory Council and Another 2007 (1) SA 343 (CC) paras 40–1. This 'functional turn' in delineating the boundaries of the state (ie persons and bodies who perform public functions) is not unique to South Africa. English administrative law, for example, has also 'shifted from controlling the institutions of (central and local) government to controlling the exercise of functions of governance (whatever they may be) whether performed by government or non-government entities': P Cane Administrative Law 4 ed (2004) 5. See also P Cane 'Accountability and the Public/Private Divide' in N Bamforth & P Leyland (eds) Public Law in a Multi-Layered Constitution (2003).
Can we discard the doctrine of legal guilt?
PAMELA-JANE SCHWIKKARD*
The doctrine of legal guilt enjoys little popular support and there are systemic breaches of this doctrine in the criminal justice system. These breaches only occasionally attract public approbation and due process is frequently blamed in both popular and political discourse for the government's inability signifi- cantly to reduce South Africa's high crime rate. I argue that despite the unpopularity of the doctrine it would be dangerous and futile to discard it for short-term political gains.
* Dean of the Faculty of Law, University of Cape Town; BA LLB (Witwatersrand) LLM (Natal) LLD (Stellenbosch). 1 See in particular S v Coetzee 1997 (3) SA 527 (CC). 2 HL Packer The Limits of the Criminal Sanction (1968) 161. 3 WS Laufer 'The rhetoric of innocence' (1995) 70 Washington LR 329 at 344. 4 JC Morton & SC Hutchinson The Presumption of Innocence (1987) 2. 5 (1986) 50 CR (3d) 1 (SCC). See also S v Mbatha; S v Prinsloo 1996 (1) SACR 371 (CC) para 20.
On the reciprocal relationship between the rule of law and civil society
STU WOOLMAN*
And I'm driving a stolen car, down on Eldridge Avenue. Each night I wait to get caught, but I never do. She asked if I remembered the letters I wrote, when our love was young and bold. She said last night she read those letters: and they made her feel one hundred years old. I'm driving a stolen car, on a pitch black night, and I'm telling myself – I'm gonna be alright. But I ride by night, and I travel in fear, that in this darkness, I will disappear.
* Professor of Law and Elizabeth Bradley Chair of Ethics, Governance and Sustainable Development, University of the Witwatersrand, Johannesburg; BA (Hons) (Wesleyan) MA (Columbia) JD (Columbia Law) PhD (Pretoria). 1 2005 (5) SA 3 (CC) (emphasis added).
Constitutional protection of the right to privacy: The contribution of Chief Justice Langa to the law of search and seizure
CHUKS OKPALUBA*
The right to privacy in s 14 of the Constitution includes the right not to have one's person or home searched, one's property searched, one's possessions seized, or the privacy of one's communications infringed. Chief Justice Langa wrote two landmark judgments of the Constitutional Court concerning constitutional protection of privacy in the context of search and seizure operations: Investigating Directorate: Serious Economic Offences v Hyundai Motors Distributors (Pty) Ltd concerning the constitutional validity of statutory provi- sions authorising the issue of search warrants to investigate serious crimes, and Thint (Pty) Ltd v National Director of Public Prosecutions; Zuma and Another v National Director of Public Prosecutions, concerning the constitutional validity of applications for search warrants, their terms, and the manner of their execu- tion. This contribution explains the significance of these judgments, placing them in the context of the common law and the Constitution's protection of privacy more generally. In the final analysis, it becomes clear that Chief Justice Langa's contributions to this branch of the law were enormous and his erudition epitomised clarity.
* Adjunct Professor of Law, University of Fort Hare; LLB LLM (London) PhD (West Indies). 1 Section 10 of the Constitution of the Republic of South Africa, 1996. See J Neethling, J Potgieter & P Visser Neethling's Law of Personality (2005) 191. 2 Gaertner and Others v Minister of Finance and Others 2014 (1) SA 442 (CC) para 86; J Burchell Personality Rights and Freedom of Expression: The Modern Actio Injuriarum (1998); B Markesinis et al 'Concerns and ideas about the developing English law of privacy (and how knowledge of foreign law might be of help)' (2004) 52 American Journal of Comparative Law 133 at 153.
Equality beyond dignity: Multi-dimensional equality and Justice Langa's judgments
CATHERINE ALBERTYN* AND SANDRA FREDMAN †
The tendency for South African equality jurisprudence to reduce equality to a single value, namely dignity, has been much debated, especially around the relationship of dignity to disadvantage. In this article we argue for a multi- dimensional idea of equality that moves beyond a dignity/disadvantage paradigm to enable a fuller exploration of the complex harms and injuries that underlie equality claims, and greater elucidation of the multiple principles and purposes of equality. In particular, we argue that substantive equality should be understood in terms of a four-dimensional framework, which aims at address- ing stigma, stereotyping, prejudice and violence; redressing socio-economic disadvantage; facilitating participation; and valuing and accommodating differ- ence through structural change. We suggest that this enables a better explora- tion of the different principles that underlie equality and an open discussion of complementarities and tensions between them. We explore the benefits of this approach through an evaluation of three equality cases in which Justice Langa delivered the leading judgments. Although we do not claim that he fully adopted such an approach, we engage Justice Langa's philosophy on equality as it emerges from these judgments, and evaluate the extent to which we can develop from this a more fully-fledged understanding of equality and its underlying values in the South African Constitution.
* Professor of Law, University of the Witwatersrand, Johannesburg; Attorney in the High Court of South Africa; BA LLB (Cape Town) MPhil PhD (Cantab). † Rhodes Professor of Laws of the British Commonwealth and the United States, Univer- sity of Oxford; BA (Witwatersrand) MA BCL (Oxon) FBA. 1 1996 (4) SA 197 (CC).
On the limits of cultural accommodation: KwaZulu-Natal MEC for Education v Pillay
OKYEREBEA AMPOFO-ANTI* AND MICHAEL BISHOP †
In KwaZulu-Natal MEC for Education v Pillay, Chief Justice Langa held that it constituted unfair discrimination for a public school to prevent a learner from wearing a nose stud to school, because wearing the stud was a voluntary part of the learner's religion and, more importantly, her culture. In this contribution we consider the limits of this type of cultural accommodation after Pillay by focusing on two questions: What types of beliefs and practices are ''cultural''? And how should courts determine the burdens other must bear to accommo- date cultural practices? First, we offer preliminary answers to three central questions that Pillay left unanswered: What is a culture? Who qualifies as a member of a culture? How do we determine which practices are part of a culture? Second, we discuss the role and meaning of ''reasonable accommoda- tion'' and argue that Pillay mistakenly framed it as a balancing test between the interests of the learner and the school. In doing so, it obscured other important factors that should be considered.
* Partner, Webber Wentzel; Attorney of the High Court of South Africa; LLB LLM (Pretoria). † Counsel, Constitutional Litigation Unit, Legal Resources Centre; Honorary Research Associate, University of Cape Town; Member of the Cape Bar; BA LLB LLM (Pretoria) LLM (Columbia). 1 2008 (1) SA 474 (CC)..
Partners in complementarity: The role of civil society in the investigation and prosecution of international crimes in South Africa *
Hannah Woolaver †
This paper assesses the role of civil society actors in the pursuit of international criminal justice in South Africa. The paper sets out the range of interventions that have been undertaken by civil society groups on issues of international criminal law in South Africa, and analyses the impact that such interventions have had on the action taken by South African authorities to investigate and prosecute international crimes. Three main types of interventions have been undertaken by South African civil society: campaigns to domesticate international crimes treaties, initiation of domestic litigation, and the submission of amicus curiae briefs. It is demonstrated that through these interventions, civil society has had a significant impact on the domestic legal framework governing the investigation and prosecution of international crimes in South Africa, and has prompted concrete action by State authorities to initiate international criminal proceedings. As such, civil society has played a key role in seeking to ensure that South Africa complies with its domestic and international legal obligations to investigate and prosecute international crimes, including those under the Rome Statute of the International Criminal Court.
* This research was supported under the Australian Research Council's Discovery Projects funding scheme (project DP140101347). The views expressed herein are those of the authors and are not necessarily those of the Australian Research Council. † LLB (Dunelm) BCL (Oxon) PhD (Cantab); Senior Lecturer in Public International Law, University of Cape Town.
Civil society, 'positive complementarity' and the 'Torture Docket' case
Max Du Plessis † and Christopher Gevers ††
Complementarity is posited as a driving feature of the International Criminal Court (ICC) regime. Recent developments in Africa suggest a broader understanding of complementarity that is unfolding in practice and which is worthy of further exploration. The notion of 'positive complementarity' – ie that the Rome Statute (and the ICC) should encourage genuine national proceedings where possible, including in situation countries – is being expanded to encourage prosecutions, under the principle of universal jurisdiction, in situations where the ICC would not ordinarily have jurisdiction. In such circumstances, States can not just supplement, but augment the work of the ICC – acting where the ICC is unable to do so for lack of jurisdiction. In this article the authors consider this expanded 'positive complementarity' through the lens of a particular case regarding allegations of torture committed in Zimbabwe, by Zimbabweans, against Zimbabwean victims, but which case has been initiated and litigated in South Africa: the 'Torture Docket' case. The article ends with five recommendations for civil society, arising from the 'Torture Docket' case and the notion of 'positive complementarity', which concern: (1) the role for civil society in the initiation of investigations, (2) the advantages of a dedicated domestic legal framework, (3) the challenge of managing expectations, (4) the challenge of complexity, and (5) the need for civil society intervention in 'positive complementarity' cases.
† BIuris (UNISA) LLB (Natal) LLM (Cantab) Phd (UKZN); Associate Professor, School of Law, University of KwaZulu-Natal.
†† LLB (UKZN) MSc (LSE); Lecturer, School of Law, University of KwaZulu-Natal.
Crisis and contradiction: Justice reform, civil society and Zimbabwe's long transition *
Mark Shaw †
The nature of Zimbabwe's long political transition since independence has caused untold damage to the country's judiciary and court system. A strong and independent judiciary will be essential if the country is to successfully navigate the complex and competing politics that are likely to characterise post-Mugabe Zimbabwe and if there is to be any hope of, in the longer term, dealing with issues of transitional justice. While the politicisation of the judiciary is a well-recognised reality, in the context of a fiscal crisis, institutionalised corruption has become an increasing challenge. Nevertheless, the political ground is shifting, both as a result of the 2013 election and as actors begin to consider options for the post-Mugabe era. In this environment, it should not be assumed that staff in the judicial sector hold a uniform set of views. The current context requires that positions are carefully calibrated depending on audience and circumstance, but there are signs that some in the judiciary are acutely aware of the need to show more independence and fight corruption to gain a broader base of legitimacy. In that shifting political reality, the role of a small number of civil society activists working in the justice sector has become more crucial than ever. With little opportunity for raising issues of transitional justice in the current context, civil society must consider the nature of its engagement with the government to position it to play a constructive role in future State-building opportunities. Calibrating the nature and type of that engagement will depend on several possible political scenarios that are considered in this article.
* I am grateful to Mafaro Kasipo for comments on an earlier draft. † BA (Hons) PhD (Wits); SARChI Chair of Justice and Security, Faculty of Law, University of Cape Town.
An essential intervention: Civil society responses to redressing and preventing violence against women in post-apartheid South Africa *
CORA Andrea Durbach †
Despite pervasive accounts of sexual violence against women throughout South Africa's apartheid history, the definition of 'gross violations of human rights' in the legislation establishing the South African Truth and Reconciliation Commission (TRC) had no distinct reference to acts of sexual violence or gender-based crimes. Lobbying by women's NGOs and civil society resulted in the TRC convening special women's hearings and the expansion of the definition of 'severe ill-treatment' to encompass a range of abuses, including sexual violence. However, the TRC's predominant focus on crimes of killing, abduction and torture resulted in the criticism that it exhibited 'a blindness to the types of abuse predominantly experienced by women', 1 excluding the possibility of accountability or reparations for these violations. This article explores the 'essential relationship' 2 between civil society and the TRC at various stages of South Africa's transition in holding the Government to account for restoring the 'human and civil dignity' of women who suffered gross violations of human rights, 'many of which were gender specific in their exploitative and humiliating nature'. 3 Given that 'violence against women has been one of the most prominent features of post-apartheid South Africa', 4 the article further considers the innovation by South African civil society in developing various responses to this enduring harm, which extends beyond a compensatory model of reparations towards a transformation of the conditions that perpetuate the violence.
* This article is based on research supported by the Australian Research Council Discovery Projects funding scheme (DP140102274), 'Combating Sexual Violence Against Women Post Conflict Through "Transformative" Reparations: Problems and Prospects'. My appreciation goes to all the extraordinary people I interviewed in South Africa and in Australia who gave their time and shared their experiences, expertise and insights and agreed to be part of the project. My thanks also to Lucy Geddes, particularly for her invaluable support in South Africa, and to Natalie Hodgson for her superb research and editing assistance. † Professor of Law and Director, Australian Human Rights Centre, Faculty of Law, UNSW Australia.
The role of African civil society in shaping national transitional justice agendas and policies *
Hugo Van Der Merwe † and Jasmina Brankovic ††
Drawing on practitioner perspectives on 20 years of transitional advocacy efforts in Africa, this article examines the different roles that local civil society has played in shaping national transitional justice processes on the Continent. The article discusses how local organisations adopt, adapt and resist international criminal justice concepts and institutions in their pursuit of accountability, redress and social transformation in their countries. After first examining why civil society organisations are critical in a transitional justice context, the article discusses the range of contributions made by civil society using typologies that seek to make sense of different dimensions of their work. The article then discusses the substantive versus process goals of African organisations, as well as the various stages of civil society engagement across a transitional justice process. It concludes with a reflection on some of the main challenges facing organisations working on transitional justice in the region, particularly in developing and maintaining a locally relevant vision for transitional justice in each country.
* The authors thank Maya Schkolne for her research assistance on this article. † BSc (UCT) PhD (George Mason); Head of Research, Centre for the Study of Violence and Reconciliation, South Africa. †† BA (Chicago) MA (American University, Cairo) PhD Candidate (Stellenbosch); Senior Researcher, Centre for the Study of Violence and Reconciliation, South Africa.
The case for a victim-friendly ICC: Reparations and the conflict in Northern Uganda
Špela Kunej † and Victor Ochen ††
The basic claim of this contribution is simple: the manner in which the International Criminal Court (ICC) would possibly implement judicial reparations in Northern Uganda has the potential to provoke conflict within beneficiaries' communities as well as between those communities that receive reparations and those that do not. While it is positive that the ICC, unlike its predecessors, considers victims in their capacity as victims and provides for reparations, the reparation principles, which the Appeals Chamber adopted in the recent Judgment on the appeals against the 'Decision establishing the principles and procedures to be applied to reparations' (hereinafter Lubanga, Appeals Judgment on reparations and Lubanga, Decision on reparations respectively), 1 would need to be modified for other contexts. Until such time, the Court could consider not implementing judicial reparations in Northern Uganda.
† LLB (Ljubljana) LLM (Geneva); Research Fellow, Max Planck Foundation for International Peace and the Rule of Law, Heidelberg, Germany. †† BA (Kampala), Archbishop Tutu Fellowship Alumnus; Founder and Director, African Youth Initiative Network (AYINET), Lira, Northern Uganda; United Nations Global Goals Ambassador for Peace and Justice.
A call to action: National bar associations as key civil society actors for the promotion of international criminal justice in Africa
Tosin Osasona †
This reflection from the field argues that African bar associations have the potential to play a significant part in the fight against impunity in African countries, given their legal expertise and high standing in society, and calls on them to use these assets for this purpose. After providing a brief overview of the history of civil society efforts to promote human rights and the rule of law on the African Continent, the author considers the strength of bar associations and law societies in strengthening the rule of law promoting accountability on the Continent. The author assesses the prospect of using bar associations and law societies to popularise and promote international criminal justice in Africa.
† LLB, LLM (UNITO); Research Associate at the Centre for Public Policy Alternatives, Lagos, Nigeria.
The Zimbabwe Torture Case: Reflections on domestic litigation for international crimes in Africa
Angela Mudukuti †
This piece highlights the importance of civil society initiatives to fight impunity on the domestic level in African countries, drawing on my experiences working on international criminal justice issues at the Southern Africa Litigation Centre. International crimes cannot be the business of the International Criminal Court alone and in order for complementarity to be realised, domestic jurisdictions must pull their weight. Here I will focus on one crucial civil society accountability initiative, the ground-breaking universal jurisdiction case that set an important precedent in South Africa, and globally: Southern Africa Litigation Centre and Another v The National Director of Public Prosecutions and Others. I will set out the key aspects of the case that enabled SALC to require the South African authorities to investigate allegations of international crimes, and show how the case has Continental and global significance by breathing new life into the principle of universal jurisdiction.
† LLB (Pretoria) LLM (UWC in conjunction with Humboldt University); International Criminal Justice Lawyer at the Southern Africa Litigation Centre.
No abracts available.


text:
Introducing AquaFresco
by MIT $100K Managing Directors
This is the seventh post of our new interview series to introduce our eight finalists in the week leading up to the Launch finals. To see AquaFresco and other teams pitching on the big stage, come to the Launch finals at Kresge Auditorium on May 11!
Register on Eventbrite: https://www.eventbrite.com/e/mit-100k-launch-finale-2016-tickets-24292254788?
Join the Facebook event: https://www.facebook.com/events/592551840898846/
Stay posted by following us on Twitter: https://twitter.com/mit100k
Team Name: AquaFresco
Team Members: Sasha Huang, Chris Lai, Alina Rwei
Q: Give us a 1-sentence pitch of your idea!
A: It's the next-generation cleaning system that saves 95% of water and detergent in processes such as laundry, car-wash and industrial cleaning, building a better cleaning for a better future.
Q: Why did you decide to apply to the 100K?
A: Being able to compete in the MIT 100K has been one of our dreams since coming to MIT. It is a prestigious competition that gains so much recognition. Of course we are aiming for the final 100K prize to launch our vision, yet just the experience of participation in the 100K competition was a dream-come-true for us.
Q: What's been the most surprising aspect of this process?
A: It is surprising, in a good way, to find that our society is really supportive of entrepreneurs and that the network is strong and wide. Here at MIT and the greater Boston area, people who are interested in entrepreneurship are encouraged to pursue their dreams and make a difference.
Q: What's been the most valuable piece of advice you've received?
A: Starting as engineers, we began with speaking really technical things using really technical languages. However, through the process, we have learned to speak an idea not using technical languages but the words that can be clearly deliver to general public. The advice on how we can convey our idea better is the most valuable piece we have received.
Q: What's been your biggest accomplishment in this process so far?
A: Building a prototype! It definitely feels good when the things you want to build is not just on paper but can be built in real life!
Q: What are you most looking forward to for the Launch finals?
A: Meeting people, bouncing-off ideas from discussions, seeing how other startups make an impact, and just simply being immersed in the atmosphere of the Launch finals.

redpajama_set_name: RedPajamaCommonCrawl


I'm BAAACK! Back in Oregon that is! I am home for a week in Portland. My trip is perfectly planned around the Helvetia Half Marathon, which is this Saturday. Looking forward to a nice hilly morning run with the fam!
It's my first time running Helvetia, but my family does it every year.
I got into Portland this afternoon, and my mom and Braedon picked me up in time for a nice evening run in the park by our house.
NO!! Braedon is finally taller than me! I mostly ran with Braed except when he decided to race some random kid on the trails without telling the kid!! lol. Violet also got in this picture because she knows that I am allergic to her and she likes to irritate me I love her so much!
I couldn't believe how green the park was. It is a HUGE difference from the Bay. Don't let any Pacific NW haters tell you differently. This is the prettiest place ever!
This GORGEOUS green trail is just right outside our back door. How awesome is that. I kept raving during our run about how many shades of green there were. My mom is alone in this pic because Braedon and I ran ahead and Maryanne was attending to Violet's digestive issues. Poor Violet got the runs during our run!! But really… poor us because she was stinky.
Braedon ran back to check on Maryanne and Violet. This is when he was coming to a screeching halt. It is important to him that everyone recognize this is not his normal running hand placement. LOL. Still looks better than my form!


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text:
Contact Deepa Mann-Kler
Deepa Mann-Kler
CEO | Visiting Professor In Immersive Futures | Artist
Main focus: Technology & Equality
Twitter handle: @deepamann_kler
Websites/blogs: http://www.discoverneon.com , http://www.deepamannkler.com
City: Belfast
Topics: ethics, diversity & inclusion, virtual reality, augmented reality, databias, artificial intelligence, equality, health and well-being, health technology
Services: Talk, Moderation, Workshop management, Consulting, Coaching, Interview
Willing to talk for nonprofit.
As a TEDx speaker Deepa keynotes at conferences on the intersection of creativity, technology, innovation, diversity, ethics, bias, culture, data, health and wellbeing through compelling storytelling.
As a thought leader and TEDx speaker Deepa keynotes at conferences on the intersection of creativity, technology, innovation, diversity, ethics, bias, culture, data, health and wellbeing through compelling storytelling. Deepa is an award winning visual artist; author; CEO of Neon a health technology company; Visiting Professor In Immersive Futures with Ulster University Northern Ireland and serves as a non-executive director across the UK. As an artist she has a strong focus on public art neon installations, notably Lumiere Durham 2019; London 2016 and 2013 in Derry/Londonderry UK City of Culture. Deepa authored the first report on race discrimination in Northern Ireland titled "Out Of The Shadows". Deepa is invited to speak at technology conferences and by multinational corporations to develop leadership future trends and tech capabilities.
www.discoverneon.com | www.deepamannkler.com | @deepamann_kler |
TEDx "Being Human" 31 Aug 2019 https://youtu.be/Ew5-H_8FoLc
IVRHA Dublin "BreatheVR & Talking Sense" 5 Dec 2019
AI CON Belfast "Move Fast & Break People" 28 Nov 2019
GIANT Health London "Making Pain Fun & Future Capabilities of Immersive Tech" 15 Oct 2019
Keynote Women In Tech Dublin 13 Sep 2019 "Future Capabilities Immersive Tech & Health"
Immersive Storytelling Research Symposium Liverpool Dec 2018, "Immersive Storytelling & Health."
Immersive Tech Health Con Innovate UK London Nov 2018 "Opportunities & Challenges For A Health Tech Start Up"
InspireFest Dublin June 2018 "Intersection of Tech, Creativity & Health" https://youtu.be/JXo87CURjYw
Voxgig "Art, Public Speaking & The Impact of Tech on our Lives" 2019. Link: https://fireside-with-voxgig.simplecast.com/episodes/episode-33-deepa-mann-kler-GpzW4cyE
Silicon Roundabout, London June 2018 "Making Pain Fun"
Science & Stuf https://www.bbc.co.uk/radio/play/m00007hv
BelTech18 "Design & The Human Side Of Tech"
VSMM Belfast Nov 2017 Keynote "Embodied Realities"
Beltech April 2017 "How to Create Compelling VR Content in Just Over 6 Weeks." https://www.youtube.com/watch?v=M0saUjB2dWw
SxSW March 2017 Austin Texas, Department Trade & Industry"VR & RETNE"
https://www.youtube.com/watch?v=CAGG0KAM7TE&feature=youtu.be
"What is Virtual Reality?" in "Everything You Wanted to Know Featuring Exclusive Interviews With the Leaders of the VR Industry", ed Yoni Binstock. Amazon: 2018
InspireFest Dublin June 2018 "Intersection of Tech, Creativity & Health"
This talk is in: English
TEDx "Being Human"
Being Human reflects on Deepa's personal and professional journey into the world of immersive technologies and the therapeutic benefits of virtual reality and pain management. She shares her insights into how as you begin to explore the capabilities of technology, the more important the question and answer of what it is to be human becomes. Deepa Mann-Kler is an award-winning artist, public speaker, author, educator and technologist. She is known for her large scale public artwork neon installations as featured in Lumiere. A frequent speaker at conferences she covers the intersection between creativity, innovation, technology, health and wellbeing, all with a value basis firmly grounded in technology for good, diversity, inclusion and positive social impact. Deepa is CEO of Neon, a health technology company and Visiting Professor in Immersive Futures at Ulster University. Her ground-breaking book examined the impact of racism on black and minority ethnic communities in Northern Ireland, Out Of The Shadows, published in 1997. This talk was given at a TEDx event using the TED conference format but independently organized by a local community. Learn more at https://www.ted.com/tedx
Beltech Conference April 2017 "How to Create Compelling VR Content in Just Over 6 Weeks
SxSW17 panel exploring what makes great VR content; producing and directing VR in under seven weeks.
Email to Deepa Mann-Kler:


text:
Thomas Edward Schmitt
Thomas Edward Schmitt of San Tan Valley, Arizona entered eternal rest on Friday, November 25th at the age of 64. After a year and a half battle with cancer, Tom passed away peacefully with his family by his side.
Tom was born in Hobbs, New Mexico on January 18th, 1958, to Lawrence and Lucy Schmitt. After graduating high school in 1976, Tom attended college at the University of Arizona. He then began to work for the newspaper industry and worked for Gannett Corporation for nearly 30 years, with many of those years as a circulation manager. During that time, he met the love of his life, Kathy. Tom and Kathy were married for 35 years and went on to have three children: Serina, Colleen, and Ryan. Throughout the years, Tom's love for sports led him to become an umpire and referee for more than 20 years.
While Tom loved his family dearly, perhaps one of his greatest joys was watching his beloved football team the Dallas Cowboys. He loved watching his favorite team with his family and friends. Football Sundays were often spent crafting his fantasy lineup followed by his signature statements of "Go Cowboys!" and "Yeah Baby!" Tom knew how to light up the room with his loveable and larger-than-life personality. People were instantly drawn to him. Tom was an amazing husband, son, father, grandfather, brother, uncle, cousin, colleague, and friend. He will truly be missed and will never, ever, be forgotten.
Tom is survived by his three brothers, Larry Schmitt (Jo Gaye Schmitt) of Hobbs, NM, Kenny Schmitt (Susan Schmitt) of Hobbs, NM, and Marvin Schmitt (Susie Schmitt) of Austin, TX; his beloved wife, Kathy Schmitt of San Tan Valley, AZ; his daughters, Serina Myers (Owen Myers) of Queen Creek, AZ and Colleen Schmitt of Chandler, AZ; his son, Ryan Schmitt of Tempe AZ; his three grandchildren, Quintin, Alyscia and Isabelle Myers of Queen Creek, AZ; and a host of nieces, nephews, and cousins. Tom is preceded in death by his father, Lawrence Schmitt, his mother, Lucy Schmitt, and his sister, Patricia Clark.
There will be a visitation held at San Tan Mountain View Funeral Home (21809 South Ellsworth Rd, Queen Creek, AZ 85142) on December 8, 2022 from 5-8 pm. The funeral service will be on December 9 at 10:00 am at Our Lady of Guadalupe Church (20615 E. Ocotillo Rd, Queen Creek), followed by a reception and celebration of life (location to be determined).
3 responses to "Thomas Edward Schmitt"
Teresa Hunter says:
Sending my prayers to the Schmitt family! Tom will be truly missed!
Edrick and Debbi Centeno says:
Our Deepest Condolences Kathy, to you and the rest of your beautiful family. Tom will be forever missed by many. Rest in Peace Tom
edward sommerville says:
MY HEART IS HURTING RIGHT NOW TOM AND ME MET IN 1995 IN MICHIGAN DURING A HUGE NEWSPAPER STRIKE. WE BECAME INSTANT FRIENDS OUR LOVE OF SPORTS WAS WE TALKED ABOUT MOST OF THE TIME AND OF COURSE ARE FAMILIES . WE LIKED MOST OF THE SAME SPORT BASEBALL HE TAUGHT ME ABOUT NFL AND I HELPED HIM UNDERSTAND THE NHL I WILL MISS HIM ALWAYS AND THIS YEAR 2023 WILL SURE SEEM STRANGE IN FANTASY FOOTBALL WITHOUT HIS FUNNY STORIES AS WELL YOU WERE ONE OF A KIND BUDDY I LOVED YOU LIKE A LITTLE BROTHER RIP TOM.


Troup County School System's Finance Department will host Open Enrollment Benefit Sessions for all interested TCSS employees. Discussions will cover the 2018 SHBP plan designs, rates, how to select the proper coverage, wellness, telemedicine, and a general overview of Troup County Schools' benefits and plan updates on other benefits. The full list of dates, times, and sessions are below.


text:
MenuHomeCategories-Game Reports-Editorials-Team News-Rumors-Media-VideosScheduleContributorsWallpapersAboutCareer
Former Cavs Player Delonte West Seen Getting Beat Down on Freeway
Report: Cavs Sign Tyler Cook to 2nd 10-Day Contract
Report: Some Cavs Players Still Question John Beilein's Ability to Succeed in NBA
Tristan Thompson Indicates Refs Were Wrong to Eject Him for Incident With Jae Crowder
Tristan Thompson Gets Ejected for Slapping Jae Crowder's Behind
Jose Calderon Details LeBron James Breaking His Hand After Game 1 of 2018 NBA Finals
Collin Sexton Says There Was a Lot of 'Disrespect' Amongst Cavs Players Early in Season
Report: NBA Executives Believe Kevin Love Was Primary Voice Behind Criticism of John Beilein
Cavs Rumors: Tristan Thompson 'Coveted by Contenders' in Potential Trade
3 Ideal Trades the Cavs Should Pursue for Kevin Love
Home / Editorials / Why the Cavs Need to Stick With John Beilein for the Long Haul
Why the Cavs Need to Stick With John Beilein for the Long Haul
By Jonathan Sherman
The Cleveland Cavaliers are off to another dreadful start for the second season in a row. The primary difference between the 2019-20 season and last season is that rookie head coach John Beilein is at the helm.
Beilein left the college ranks behind to try to find success at the next level. Unfortunately, his ability to lead college athletes hasn't yet followed him to the NBA.
His accomplishments at the University of Michigan were vast. In 12 seasons as head coach in Ann Arbor, he appeared in two national title games, won two Big Ten titles and two Big Ten Tournament titles.
Now, just under two full months into his first NBA season, some are already starting to wonder if his days in Cleveland are numbered.
So, should the Cavs start to consider other options at head coach?
Here are some of the major considerations:
Past Success
Before coaching at Michigan, Beilein led programs at West Virginia University, University of Richmond and Canisius College.
To learn about Beilein's ability to turn entire programs around, however, looking at his time in Ann Arbor is most revealing. When he arrived in Ann Arbor, the Wolverines were a former college basketball titan that had seen better days.
Michigan had become an afterthought in the college ranks both in terms of recruiting and success. In Beilein's first season, that trend continued. The team struggled to a lackluster 10-22 record.
The following season was very different. They started off the season with a bang with a Nov. 20 win over the No. 4 ranked UCLA Bruins. By season's end, Beilein and the Wolverines were headed to March Madness for the first time in 11 years.
Success only continued from there, with countless big wins against some of the country's top programs coming along with all his aforementioned accolades.
Just like he has done in the past, Beilein could very well be the answer to turning things around in Cleveland.
But past success is not the only consideration.
Scheme and Coaching Style
More than anything, Beilein's coaching style has come into question early in his tenure with the Cavs. In early December, a report came out that stated that multiple players in the Cavs' locker room were growing tired of how Beilein was running the team.
The report indicated that he was running the team much like a college program. Given his experience, that isn't all that surprising.
While no names of the unhappy players have been revealed, it stands to reason that the most unhappy players are veterans on the team. Many of those veterans are expected to either be dealt before this season's trade deadline, or leave as free agents this upcoming offseason.
What that leaves is a roster full of young talent. Players such as Collin Sexton, Darius Garland, Dylan Windler, Kevin Porter Jr., Cedi Osman and more make up the Cavs' unproven core. It might make perfect sense for a coach who is used to getting the most out of young talent to lead this team through the Cavs' continued rebuild.
Beyond that, Beilein's ideal scheme fits perfectly when it comes to what has succeeded in the NBA over the past few seasons. During his time at Michigan, the Wolverines focused heavily on success from the three-point line at all five positions. Many of the players that entered the NBA during his time at Michigan were heralded for their ability to shoot.
Players such as Caris LeVert, Tim Hardaway Jr., Moritz Wagner, Duncan Robinson and Trey Burke come to mind.
That desire to succeed from deep could help the Cavs succeed in the short and long term. Surely, the players have to actually hit those shots to succeed, but putting an emphasis on that kind of playing style is a great way to start.
But scheming for success in the NBA is very different from enjoying it. It is likely that nearly all college coaches who made the leap to the NBA were brought in due to their ability to scheme. For some, the NBA proved too complex.
So, is there any way to look at past examples of college coaches entering the NBA to try to predict what the future holds for Beilein and the Cavs?
College to the Pros
Perhaps the best way to predict if Beilein will be successful in his jump from the NCAA to the NBA is to look at some of the more recent predecessors who came before him.
It's a mixed bag for certain, and while past examples may indicate that failure is the more likely outcome, they do also point to some glowing examples of success.
The two most successful examples are Brad Stevens and Billy Donovan.
Stevens, who is still considered to be a wunderkind of the NBA, was hired by the Boston Celtics in 2013. Before that, he enjoyed success at Butler University similar to that of Beilein's at Michigan. He led the Bulldogs to the NCAA national championship game in both the 2010-11 season and 2011-12 season.
His tenure with the Celtics has been quite successful. Stevens has led the Celtics to the playoffs every season since 2015, advancing to the Eastern Conference Finals in both 2017 and 2018.
This season, he and the Celtics are in prime position to make yet another deep run in the postseason.
Donovan entered the NBA in 2015 when he was hired by the Oklahoma City Thunder. Previously he had coached at the University of Florida since 1996.
Since entering the league, he has led the Thunder to four straight playoff berths with one Western Conference Finals appearance.
The one major difference that Beilein has compared to Stevens and Donovan is age. Stevens is currently 43 years old. Donovan is 54 years old. Beilein, on the other hand, is 66 years old.
It will be interesting to see if he can avoid the pitfalls of coaches stuck in their ways and continue to innovate to help turn the Cavs into winners in the coming seasons.
In the end, there is no real way to guarantee whether Beilein will succeed or fail in Cleveland. While he has thrived everywhere else in his career, none of those spots has been at the top of the sport.
If his youngsters can buy into his scheme and tactics and start shooting at a consistent rate, the Cavs could enjoy a nice surge later this season.
If morale continues to dip and losses continue to mount, however, the Cavs could be gearing up for another coaching search if not this offseason, then not long after.
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About Jonathan Sherman
Jonathan is a freelance writer, filmmaker, and passionate fan of the NBA. In the past Jonathan has covered politics, entertainment, travel, and more. He is a proud contributor of Cavaliers Nation.
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ICS is available as source code only. You need Delphi to build the sample programs and create your own application. You will also need OpenSSL libraries if using SSL-enabled components.
ICS-V8 for Delphi 7 / C++ Builder 2006 to Delphi XE8, 10 Seattle, 10.1 Berlin, 10.2 Tokyo and 10.3 Rio / C++ Builder XE3, 10.2 Tokyo and 10.3 Rio with FireMonkey cross platform support for POSIX/MacOS, also IPv6 support (main development tree, 32 and 64-bit).
ICS-V7 for Delphi 7 / C++ Builder 2006 to Delphi / C++ Builder XE3 (stable release, no new development, please upgrade to V8).
ICS-V6 for Delphi 7 / C++ Builder 2006 to Delphi / C++ Builder 2007 (discontinued and obsolete, please upgrade to V7 if you do not have to support Windows versions < W2K).
ICS-V5 for Delphi / BCB 1 to Delphi / C++ Builder 2007 and Delphi .NET (discontinued, important bug fixes may still be backported from ICS-V7). SSL option requires at least Delphi 7 or C++ Builder 2006.
Now includes OpenSSL 1.1.1a and 1.0.2q binaries.
Now builds again without USE_SSL define.
Added AUTO_X509_CERTS define to remove a lot of units if automatic SSL/TLS certificate ordering is not required, saves up to 350KB of code in servers.
Support for OpenSSL 1.1.1 with TLSv1.3, new cryptographic algorithms and ciphers. OpenSSL 1.1.0 and 1.0.2 also supported.
A new client TSslHttpRest component with Json support for all compilers and integrating cookie, SSL/TLS, content decoding, content compression and logging. There are many THttpCli improvements.
A new TRestOAuth component for OAuth2 authentication including an integrated local web server.
JOSE (Json Object Signing and Encryption) components supporting JWT, JWS and JWK.
Simplified client SSL/TLS security and protocol settings. Support for SSL ALPN extension.
A new TSslX509Certs component allowing ICS servers to automatically order, download and install SSL/TLS certificates from various suppliers, including free certificates from Let's Encrypt, and commercial certificates for DigiCert, Comodo, Thawte and GeoTrust from CertCentre AG. It also acts as a private CA to issue local certificates.
Two new components, TIcsProxy may be used to proxy any TCP protocol, TIcsHttpProxy is a full forward and reverse HTTP/HTTPS proxy with header and body parsing and processing.
Multiple SSL host support to TSslWSocketServer and other servers through IcsHosts property, each with one or two IP addresses and non-SSL and SSL port bindings, SSL certificates, private key and security level, and host name.
Support for both OpenSSL 1.0.2 and 1.1.0 versions, with the DLLs digitally signed and checked during loading.
ICS applications can now use PKCS12 (PFX), PKCS8 and DER binary SSL certificates to avoid manual conversions to PEM. The server certificate chain can be validated and reported before the server starts.
SSL certificates and requests can be created using ECC keys which use less bandwidth than RSA keys (but which few CAs support, yet) and alternate DNS names may be used as may other extended properties.
HTML content code page detection and character set conversion to Delphi unicode strings, including converting entities (like ☍).
There are four options to obtain the source code.
ICS-V8 is the main development version and needed for RAD Studio XE4 and later. Older versions are only here for very old compilers and don't have current SSL support.
This is the latest recommended version, which has been tested and used for various published ICS application. It is updated for new releases of RAD Studio and major changes. V8.58 is the version displayed when RAD Studio starts and by the main unit OverbyteIcsWSocket. Note these versions include the latest version of the OpenSSL DLLs at the time of release.
ICS-V8.60 Delphi 7 to XE8, 10 Seattle, 10.1 Berlin, 10.2 Tokyo and 10.3 Rio, C++ Builder 2006 to XE3, 10.2 Tokyo and 10.3 Rio. Includes OpenSSL 1.1.1b.
ICS-V8.59 Delphi 7 to XE8, 10 Seattle, 10.1 Berlin, 10.2 Tokyo and 10.3 Rio, C++ Builder 2006 to XE3 and 10.2 Tokyo. Includes OpenSSL 1.1.1a.
ICS-V8.58 Delphi 7 to XE8, 10 Seattle, 10.1 Berlin, 10.2 Tokyo and 10.3 Rio, C++ Builder 2006 to XE3 and 10.2 Tokyo. Includes OpenSSL 1.1.1.
ICS-V8.58 Delphi 10.3 Rio only. Includes OpenSSL 1.1.1.
ICS-V8.58 Delphi 10.2 Tokyo only. Includes OpenSSL 1.1.1.
ICS-V8.58 Delphi 10.1 Berlin only. Includes OpenSSL 1.1.1.
ICS-V8.53 Delphi 7 to XE8, 10 Seattle, 10.1 Berlin and 10.2 Tokyo, C++ Builder 2006 to XE3 and 10.2 Tokyo. Includes OpenSSL 1.1.0h.
ICS-V8.50 Delphi 7 to XE8, 10 Seattle, 10.1 Berlin and 10.2 Tokyo, C++ Builder 2006 to XE3. Includes OpenSSL 1.1.0f.
ICS-V8.50 Delphi 10.2 Tokyo only. Includes OpenSSL 1.1.0f.
ICS-V8.50 Delphi 10.1 Berlin only. Includes OpenSSL 1.1.0f.
ICS-V8.44 Delphi 7 to XE8, 10 Seattle, 10.1 Berlin and 10.2 Tokyo, C++ Builder 2006 to XE3. Includes OpenSSL 1.1.0e.
ICS-V8.44 Delphi 10.2 Tokyo only. Includes OpenSSL 1.1.0e.
ICS-V8.44 Delphi 10.1 Berlin only. Includes OpenSSL 1.1.0e.
ICS-V8.44 Delphi 10 Seattle only. Includes OpenSSL 1.1.0e.
ICS-V8.34 Delphi 7 to XE8, 10 Seattle and 10.1 Berlin, C++ Builder 2006 to XE3. Includes OpenSSL 1.1.0b.
ICS-V8.34 Delphi 10.1 Berlin only. Includes OpenSSL 1.1.0b.
ICS-V8.34 Delphi 10 Seattle only. Includes OpenSSL 1.1.0b.
ICS-V8.26 Delphi 7 to XE8, 10 Seattle and 10.1 berlin, C++ Builder 2006 to XE3. Earliest version to support OpenSSL 1.0.2g and later.
From XE8 onwards, Delphi includes a new GetIt tool that offers a catalog of third party components, and allows them to be automatically downloaded and installed. The same stable ICS versions listed above should be available from GetIt. Beware GetIt install each new version in a new directory. GetIt currently installs V8.58.
This is the easiest way to get the latest version. These packages are built from the version control repositories automatically when they change and are refreshed once a day. To use the latest OpenSSL version, download this snapshot. Note the snapshot includes the latest version of the OpenSSL DLLs.
Use username = ics and password = ics for read access. Write access is only available to TeamICS.
Please note older versions of the ICS source code had an internal check to only allow loading of the latest OpenSSL it was tested with, so you could not use new DLLs with an old application without recompiling with the latest version of ICS first. But ICS V8.16 on 25th March 2015 relaxed this check so that minor versions with a letter suffix that don't add new features or break anything (in theory) are now supported. This worked for about a year, but OpenSSL 1.0.2g and 1.0.1s, and later, no longer support SSLv2 which means old versions of ICS can no longer load them, so V8.24 dated 3rd March 2016 or later is now needed for these current and newer OpenSSL releases. ICS V8.24 and later will currently support up to 1.0.2z, and V8.33 and later up to 1.1.0z. Also note ICS V8 no longer supports 1.0.1 and earlier.
OpenSSL removed support for the obsolete SSLv2 protocol in 2016 from 1.0.1s and 1.0.2g and ICS V8.35 finally removed SSLv2 support even with older OpenSSL releases.
OpenSSL 1.0.2 and later are only supported by ICS v8, v7 is no longer updated for new OpenSSL versions. The 64-bit DLLs are only for use with Delphi applications compiled for the 64-bit platform, the 32-bit DLLs work on both 32-bit and 64-bit Windows with 32-bit applications. Note that ICS V8.24 dated 3rd March 2016 and later included the latest OpenSSL 1.0.2 Win32 files to avoid a separate download. This was a long term support version for which support ceases at the end of 2019.
OpenSSL 1.1.0 is a major new version with new DLL file names and many different exports, and requires ICS V8.33 dated 29th August 2016, or later. Generally, applications need not be changed, but there are several new SSL features in V8.33 that should be studied. Beware the OpenSSL 1.1.0 and later DLLs may not be used with any existing SSL applications until they have been specifically updated to support all the changes. ICS V8.33 to V8.56 include the Win32 and Win64 OpenSSL 1.1.0 files. Support ceases for 1.1.0 in September 2019.
OpenSSL 1.1.1 is the latest long term support version and adds support for TLSv1.3 RFC8446 and various new cryptographic private key and hash digest types. Delphi applications require ICS V8.57 or later. ICS V8.57 and later include the Win32 and Win64 OpenSSL 1.1.1 files. This version will be supported until 2023.
Firefox version 63 and Chrome 71 both support TLSv1.3 final RFC8446, note Chrome has settings for older beta versions that must be disabled.
The OpenSSL DLLs and EXE files included in the latest zips below are digitally code signed 'Open Source Developer, François PIETTE', the lead developer for ICS. ICS V8.38 and later check the DLLs are correctly signed when opening them.
2019-02-27 OpenSSL Binaries Win-64 1.1.1b requires ICS V8.57 or later Built with Visual Studio Build Tools 2017 Supports TLSv1.3. For 64-bit applications only (XE2+). Digitally code signed.
2019-02-27 OpenSSL Binaries Win-32 1.1.1b requires ICS V8.57 or later Built with Visual Studio Build Tools 2017 Supports TLSv1.3. Use with 32-bit applications on Windows 64-bit. Digitally code signed.
2019-02-27 OpenSSL Binaries Win-64 v1.0.2r, requires ICS V8.24 or later Built with Visual Studio Build Tools 2017 Built with default OpenSSL options, replaced "/MD" by "/MT". For 64-bit applications only (XE2+). Digitally code signed.
2019-02-27 OpenSSL Binaries Win-32 v1.0.2r, requires ICS V8.24 or later Built with Visual Studio Build Tools 2017 Built with default OpenSSL options, replaced "/MD" by "/MT". Use with 32-bit applications on Windows 64-bit. Digitally code signed.
2018-11-20 OpenSSL Binaries Win-64 1.1.1a requires ICS V8.57 or later Built with Visual Studio Build Tools 2017 Supports TLSv1.3. For 64-bit applications only (XE2+). Digitally code signed.
2018-11-20 OpenSSL Binaries Win-32 1.1.1a requires ICS V8.57 or later Built with Visual Studio Build Tools 2017 Supports TLSv1.3. Use with 32-bit applications on Windows 64-bit. Digitally code signed.
2018-11-20 OpenSSL Binaries Win-64 v1.1.0j requires ICS V8.32 or later Built with Visual Studio Build Tools 2017 For 64-bit applications only (XE2+). Digitally code signed.
2018-11-20 OpenSSL Binaries Win-32 v1.1.0j requires ICS V8.32 or later Built with Visual Studio Build Tools 2017 Use with 32-bit applications on Windows 64-bit. Digitally code signed.
2018-11-20 OpenSSL Binaries Win-64 v1.0.2q, requires ICS V8.24 or later Built with Visual Studio Build Tools 2017 Built with default OpenSSL options, replaced "/MD" by "/MT". For 64-bit applications only (XE2+). Digitally code signed.
2018-11-20 OpenSSL Binaries Win-32 v1.0.2q, requires ICS V8.24 or later Built with Visual Studio Build Tools 2017 Built with default OpenSSL options, replaced "/MD" by "/MT". Use with 32-bit applications on Windows 64-bit. Digitally code signed.
2018-09-11 OpenSSL Binaries Win-64 1.1.1 requires ICS V8.57 or later Built with Visual Studio Build Tools 2017 Supports TLSv1.3. For 64-bit applications only (XE2+). Digitally code signed.
2018-09-11 OpenSSL Binaries Win-32 1.1.1 requires ICS V8.57 or later Built with Visual Studio Build Tools 2017 Supports TLSv1.3. Use with 32-bit applications on Windows 64-bit. Digitally code signed.
2018-08-14 OpenSSL Binaries Win-64 v1.1.0i requires ICS V8.32 or later Built with Visual Studio Build Tools 2017 For 64-bit applications only (XE2+). Digitally code signed.
2018-08-14 OpenSSL Binaries Win-32 v1.1.0i requires ICS V8.32 or later Built with Visual Studio Build Tools 2017 Use with 32-bit applications on Windows 64-bit. Digitally code signed.
2018-08-14 OpenSSL Binaries Win-64 v1.0.2p, requires ICS V8.24 or later Built with Visual Studio Build Tools 2017 Built with default OpenSSL options, replaced "/MD" by "/MT". For 64-bit applications only (XE2+). Digitally code signed.
2018-08-14 OpenSSL Binaries Win-32 v1.0.2p, requires ICS V8.24 or later Built with Visual Studio Build Tools 2017 Built with default OpenSSL options, replaced "/MD" by "/MT". Use with 32-bit applications on Windows 64-bit. Digitally code signed.
2018-03-27 OpenSSL Binaries Win-64 v1.1.0h requires ICS V8.32 or later Built with Visual Studio Build Tools 2017 For 64-bit applications only (XE2+). Digitally code signed.
2018-03-27 OpenSSL Binaries Win-32 v1.1.0h requires ICS V8.32 or later Built with Visual Studio Build Tools 2017 Use with 32-bit applications on Windows 64-bit. Digitally code signed.
2018-03-27 OpenSSL Binaries Win-64 v1.0.2o, requires ICS V8.24 or later Built with Visual Studio Build Tools 2017 Built with default OpenSSL options, replaced "/MD" by "/MT". For 64-bit applications only (XE2+). Digitally code signed.
2018-03-27 OpenSSL Binaries Win-32 v1.0.2o, requires ICS V8.24 or later Built with Visual Studio Build Tools 2017 Built with default OpenSSL options, replaced "/MD" by "/MT". Use with 32-bit applications on Windows 64-bit. Digitally code signed.
2017-11-03 OpenSSL Binaries Win-64 v1.1.0g requires ICS V8.32 or later Built with Visual Studio Community 2015 For 64-bit applications only (XE2+). Digitally code signed.
2017-11-03 OpenSSL Binaries Win-32 v1.1.0g requires ICS V8.32 or later Built with Visual Studio Community 2015 Use with 32-bit applications on Windows 64-bit. Digitally code signed.
2017-12-07 OpenSSL Binaries Win-64 v1.0.2n no SSLv2, requires ICS V8.24 or later Built with Visual Studio Community 2015 Built with default OpenSSL options, replaced "/MD" by "/MT". For 64-bit applications only (XE2+). Digitally code signed.
2017-12-07 OpenSSL Binaries Win-32 v1.0.2n no SSLv2, requires ICS V8.24 or later Built with Visual Studio Community 2015 Built with default OpenSSL options, replaced "/MD" by "/MT". Use with 32-bit applications on Windows 64-bit. Digitally code signed.
2017-11-03 OpenSSL Binaries Win-32 v1.0.2m-fips no SSLv2, requires ICS V8.51 or later Built with Visual Studio Community 2015, requires Visual C++ Redistributable for Visual Studio 2015 installed Built with default OpenSSL options, replaced "/MD" by "/MT". Use with 32-bit applications on Windows 64-bit. Digitally code signed. This version may be used for testing OpenSSL FIPS 140-2 functionality, but the DLLs will not pass FIPS approval processes.
2017-11-03 OpenSSL Binaries Win-64 v1.0.2m no SSLv2, requires ICS V8.24 or later Built with Visual Studio Community 2015 Built with default OpenSSL options, replaced "/MD" by "/MT". For 64-bit applications only (XE2+). Digitally code signed.
2017-11-03 OpenSSL Binaries Win-32 v1.0.2m no SSLv2, requires ICS V8.24 or later Built with Visual Studio Community 2015 Built with default OpenSSL options, replaced "/MD" by "/MT". Use with 32-bit applications on Windows 64-bit. Digitally code signed.
OpenSSL website also links to Win32OpenSSL website providing another build of Win32 DLL binaries. Note note that unlike the builds above builds on that site may have dependencies on Visual C++ 2008 Redistributables (to keep dll files smaller) so make sure you include all the required (and correct) redistributable files in your software installation. You probably don't have to care about that if you use binaries above at the cost of slightly larger DLLs. Also note that site does not keep archives of older versions so you may want to watch their page if you prefer their binaries.
This is an example internet browser using the HtmlViewer component from GitHub (11.8).
The browser demo is in the ICS nightly zip, in the folder samples\delphi\browserdemo, the project is FrameBrowserIcs.dpr. An executable version of the new demo may also be downloaded from here, built with HtmlViewer 11.8 and ICS V8.59, using Delphi 10.2 Tokyo. Beware HtmlViewer 11.8 only appears to support up to Delphi 10 Seattle, I took paackages and files from master to build in 10.2 Tokyo.
The HtmlViewer component must be downloaded and installed before the demo can be built. The demo is based on FrameBrowserIndy project but with various enhancements, specifically display of all HTTP, SSL and some or all HTML traffic which makes it very useful for debugging the THttpCli component.
The Options, Settings window allow the SSL security level to be adjusted to various TLS and cipher variations, which can be useful testing web sites that ICS has difficulty accessing.
The project is a good basic browser for HTML4, but does not support any scripting, so some sites without backward compatibility may appear strange.


Humiliation in Cairo and death in Benghazi shook America. But our response has been even more terrifying.
America is pulling out of North Africa and the Middle East. Another power is gearing up to fill the void.
Will Egypt topple the Ethiopian government?
Hidden from the view of commentators is the spirit that has risen to dominate the EU through its most influential movers and shakers.
As Gun Sales Rise, What Is Your Source of Protection?
People seem to be bracing for crime and riots to explode—by arming themselves to the teeth.
The Fed's latest announcement is a death knell for the greenback.
Does your diet include this simple ingredient? The health benefits are too great to ignore!


From Azim Premji to Carlos Slim: The World's Most Generous Billionaires Outside Of The U.S.
I cover the world's richest people.
But change is in the air. Big gifts have begun to be handed out by billionaires outside the U.S. as well, following in the footsteps of their American counterparts. Since 2012, 28 non-American members of the Forbes billionaires list have signed the Giving Pledge, promising to give at least half of their wealth away (in their lifetimes or after they die). Some, including those who didn't sign the pledge, have already taken action toward their goal of 10-figure giving: six non-U.S. billionaires have committed more than $1 billion to philanthropic entities, Forbes confirmed.
A small number of billionaires outside of the U.S. like Azim Premji—who recently told Forbes "To whom much has been given, much should be expected"—have put billions of dollars into charitable foundations and causes in their home countries and across the globe. In mid-March Indian tech tycoon Premji announced that he shifted a $7.5 billion stake in his IT outsourcing company, Wipro, to his charitable foundation. That move brought his lifetime giving to $21 billion, according to his foundation.
The news not only solidified Premji as the fourth most generous philanthropist in the world, but also makes him the biggest philanthropist outside the U.S. Premji has put 81% of his wealth toward charitable giving in his lifetime, more than any other current billionaire in percentage terms. A close second is hedge fund billionaire George Soros, who has donated more than 76% of his wealth to his Open Society Foundations. Former billionaire and philanthropy icon Chuck Feeney has given away almost all of his $7.5 billion fortune, Forbes reported in 2012, and inspired Bill & Melinda Gates and Warren Buffett to establish the Giving Pledge.
Two non-U.S. billionaires who have signed the Giving Pledge but not yet hit the billion-dollar giving mark are stepping up their philanthropic efforts. In Australia, Fortescue Metals founder Andrew Forrest and his wife Nicola donated about $600 million to their Minderoo Foundation, which launched its marine research initiative in 2018.
South African billionaire Patrick Motsepe has donated over $500 million to projects in Africa pertaining to health, farming, agrobusiness, infrastructure, and music. Last year, the African Rainbow Minerals founder also pledged to donate $250 million to South African land reform and $100 million to education initiatives.
Through his foundation, IT billionaire Premji has prioritized improving the public school system in some of the most underserved parts of India. He established the Azim Premji University in Bangalore in 2010, which plans to expand its student body from a current 1,300 students to 5,000 students, according to the foundation. Premji dropped out of Stanford in 1966 to take over his family's cooking oil business after his father died. (He eventually graduated from Stanford 34 years later in 2000.) He shifted into software and expanded the small company into Wipro, which had $8.4 billion in revenue in 2018. Premji serves as chairman.
Hedge fund manager Hohn cofounded the Children's Investment Fund Foundation (CIFF) in 2002 with his then-wife Jamie. Hohn, who had been working at hedge fund firm Perry Capital since 1996, struck out on his own in 2003 to start a London-based hedge fund called the Children's Investment Fund. Including an undisclosed donation by Perry Capital in 2002, Hohn and Jamie, who divorced in 2014, have given at least $4.5 billion to CIFF, moving assets from the hedge fund into the foundation. "The original mission in setting up CIFF was to improve the lives of children in developing countries who live in poverty," says Hohn on CIFF's website. "This hasn't changed. I want to solve problems, not make grants."
A telecom tycoon, Slim early on was a critic of the Giving Pledge. "Many of the problems will be solved by business activity and development," he said in 2011, adding that "Charity doesn't solve poverty. How much charity has been done in the past years? Trillions of dollars." Still, he believes in some forms of philanthropy. Since 2006, Slim's spokesman says, he has donated $4.2 billion to his Carlos Slim Foundation. He gave $2 billion to his foundation in 2006 and the same amount again in 2010. Most of that money has come from dividends Slim collected from shares he owns in some of Mexico's largest companies, Forbes reported in 2011. Over the past six years, he's donated another $160 million to the outfit, which works on improving health conditions and education, among other causes, so people can work to support their families. Helu's foundation has collaborated with nonprofit organizations, including the Clinton Foundation and the Gates Foundation.
Wyss founded medical device manufacturer Synthes and sold it to Johnson & Johnson in 2012 for $20.2 billion in cash and stock. Wyss is dedicated to protecting the environment not only in his home continent, Europe, but also in Africa, Asia, and the Americas. In an op-ed for the New York Times last October, he pledged to donate $1 billion to land and ocean conservation to protect 30% of earth's surface by 2030. "Every one of us — citizens, philanthropists, business and government leaders — should be troubled by the enormous gap between how little of our natural world is currently protected and how much should be protected," he wrote. He's already put at least $1.9 billion into his foundation since 2001. The foundation has doled out $450 million to preserve land around the planet, and Wyss has additionally given $40 million to the same cause. In 2018, Wyss donated an undisclosed sum to the Trust for Public Land so it could buy and retire oil and gas leases on more than 24,000 acres in Wyoming where he resides.
Schmidheiny became the president of Swiss Eternit Group, his father's construction materials company, in 1976 when he was just 29. Since 2003, he has donated about $1.5 billion to charity, mostly in shares of his Latin American industrial assets that he placed in his charitable VIVA Trust. Schmidheiny—who helped organize the UN's first conference on environment and development in 1992—has distributed more than $600 million to projects across the world that focus on sustainable development. In 2012 Schmidheiny was convicted by an Italian court of negligence by Eternit's Italian affiliate that led to 2,000 asbestos-related deaths. Italy's Supreme Court overturned the decision in 2014, acquitting Schmidheiny.
E-mail Deniz at dcam@forbes.com or follow on Twitter. If you have a tip, you can reach us confidentially, at tips@forbes.com or via our SecureDrop site.


The Adelaide Crows have scored a convincing, if highly unattractive, victory over a floundering Sydney Swans. The Swans could count themselves unlucky, hitting the woodwork six times during the night, but they were still well and truly outplayed by a scrappy but determined Crows outfit which was simply too good in defence. Porplyzia, Knights, Bassett and Rutten starred for the Crows, while for the home side, Ryan O'Keefe put in a best on ground performance picking up 35 disposals and 8 marks, Martin Mattner was almost as good playing primarily through the middle, and Ted Richards was fantastic in defence.
The first quarter gave a hint of what was to come, with both sides finding it difficult to score. Darren Jolly kicked the opening goal, a habit he seems to be developing, before both sides traded several behinds in a spate of inaccuracy. Eventually, the Crows clicked into gear, scoring three goals in three minutes. The Swans replied with a steadier courtesy of a snap from Luke Ablett. The Swans went in at 3/4 time 2.3.15 to the Crows' 3.6.24.
The second quarter was really much the same as the first. The Crows drew first blood through Porplyzia, kicking his first goal of five that night, before Goodwin booted his second, extending the Crows lead to 20 points. Some good teamwork in the forward pocket resulted in a goal to Craig Bird for the Swans, before the rookie O'Dwyer took a good mark and won a bizarre 50 metre penalty. McLeod seemed not to hear the whistle as the mark was paid, and continued to corral O'Dwyer as the Swans player moved back to take his kick. The 50 metre penalty took O'Dwyer to point-blank range, ensuring he kicked his first goal in league footy. This minor rally by the Swans was undone, however, as the Crows once again piled on three goals in quick time late in the quarter, through David Mackay and another two to Porplyzia, making that three in the quarter for the Crows star. Inaccuracy cost the Swans this quarter, booting 2 goals 5, compared to the Crows' 5 goals 1. As a result, the Crows enjoyed a healthy 23 point advantage going into quarter time, leading the Swans 4.8.32 to 8.7.55.
After what was a low scoring, at times frustrating, but for the most part enjoyable first half, the third quarter would have brought tears to the eyes of many a footy fan. It was a quarter riddled with mistakes, often under little or no pressure. In what was possibly the worst quarter of football this season to date, and possibly stretching quite a bit further than that, like a gay brothel, all that was to be had were behinds. Neither team kicked a goal, the Swans kicking four behinds to Adelaide's three.
The last quarter began with the game delicately poised, the Crows looking to protect their 22 point lead against a side renowned for staging comebacks. However, no comeback came. After again failing to make use of the run of play due to inaccuracy, the Swans were made to pay by the Crows, who through some quick ball movement slotted the first goal of the term, courtesy of Brad Symes. While continuing to win the midfield battle, the Swans simply couldn't conjure up a goal, due in part to the Crows' superb defensive effort and the Swans' own inaccuracy. At times it seemed as though there was a leather magnet in the posts, the ball was hitting the woodwork with such regularity. Again, the Crows made the most of their opportunities up forward, Porplyzia kicking his fourth for the night about half way through the quarter, extending the lead to 31, before Hall kicked his first goal of what was a horror night for him, a consolation one in the 20th minute. Porplyzia capped off a stellar night with a fifth with just two minutes to go, running into an open goal, before Ben Mathews, who also had a night to forget, kicked a final consolation goal on the siren from 50 metres out on a sharp angle, reducing the end margin to 24 points.


Following the musical adventure that began on DDQ and which then continued on Black Saint, Carla Marciano continues to provide us with her music, directly and without frills, yet this time for the Roman record label Alfa Music.
Once more, we have the trio consisting of her husband, Alessandro La Corte on the piano, Aldo Vigorito on the double bass and Gaetano Fasano on the drums, who accompany Ms. Marciano forming a group that has, by now, become a solid unity, perfectly tuned, right down to the finest details and which draws its inspiration from the music of John Coltrane's historical quartet. There's nothing strange about that, if one considers that just about everything has been said about jazz and that, now, all we can do is to look at the tradition that it has left behind, that embraces a period of time ranging from Dixieland through to bop right up to free jazz.
Carla Marciano, playing both the alto and the sopranino saxophones, launches herself into ranges of notes that enchant all those who listen to her, the way in which she manages to bring certain sounds back to life and to make them credible is simply astonishing! The first piece, called Stream of Consciousness during which, on the sopranino saxophone, she lets herself go and blasts out all there is in her unconscious, drawing inspiration from some of John Coltrane's extremely long solo performances on the soprano sax while performing his most loved My Favourite Things. The strength and the energy coming from this saxophonist from Salerno sound incredible, skills which cannot be easily found in any of her colleagues.
To follow, there is a well-structured suite in three parts and 'Inside', a quieter piece where, towards the end, the trio accompanying Ms. Marciano stop playing, leaving her alone in an intense moment so as to carry out a solo performance and to bring the piece to a conclusion. The final piece, entitled 'Handshake', performed on the sopranino saxophone is a beautiful theme that follows her impetuous improvisation.
On the Italian jazz scenario, this group definitely plays a significant role, but also at an international level, they are certainly one of a kind.
Beyond the music, they have clear purposes, transmitted by means of the notes they play and which today can be rarely found. There are too many musicians proposing a tidy kind of jazz that abides by the rules of common good taste and that is emotionally bland: instead, this group belongs to the minority that when compared to this previous group, is poles apart.


Greek MPs completed a second day of fierce debate on the Macedonia deal on Thursday night ahead of a vote that was postponed until Friday afternoon to allow dozens of lawmakers to address the House.
"We are one step before a historic event," Prime Minister Alexis Tsipras told Parliament, adding that the long-standing dispute over the name of the Former Yugoslav Republic of Macedonia had deprived Greece of precious diplomatic capital. He said inertia and procrastination had resulted in more than 130 countries recognizing FYROM as simply "Macedonia," and accused conservative New Democracy of "political hypocrisy" for shifting stance on the issue. The premier also condemned threats against and intimidation of MPs supporting the Prespes deal.
Describing the deal as a "national defeat," ND leader Kyriakos Mitsotakis claimed that its ratification would not secure FYROM's ambitions to join the European Union. "Greece can, at any moment, veto the accession of Skopje to the European family," he said. "If Greeks entrust me as prime minister, I will refuse to interpret the agreement in that manner." As for the Prespes deal, he said it was a "minefield" that once ratified would be impossible to scrap and difficult to modify, calling on MPs to face up to their "historic" responsibility and vote down the deal.
Independent Greeks (ANEL) leader Panos Kammenos, who quit the coalition over the Prespes deal, also spoke in the House, accusing Tsipras of seeking to break up his party. A handful of former ANEL and opposition MPs are expected to help Tsipras approve the deal Friday.
Kammenos called the opposition MPs backing the deal "the six Ephialtes," after Ephialtes who betrayed the Greeks to the invading Persians.
Stavros Theodorakis, leader of centrist Potami, who also saw his party torn apart by dissent over the deal, said Greece should support the pact or risk being alienated from its Western partners. "If we turn down the agreement, the country will be isolated internationally," he said.
Former foreign minister Nikos Kotzias, the architect of the deal who quit last October following a clash with Kammenos, slammed ND for opposing the agreement. "The Prespes deal works for you," Kotzias said. "It solves a problem which you could not solve," he said. Kotzias's criticism was rebutted by former conservative foreign minister Dora Bakoyannis, who said former premier Costas Karamanlis had tried to reach a settlement but that it was blocked by the government in FYROM, which wanted a deal recognizing a Macedonian language and nationality.
Earlier in the day, police intensified security in central Athens to deal with three demonstrations against the deal. Some 3,000 people joined the main rally outside Parliament, a fraction of the tens of thousands who turned out for a protest last Sunday. Another demonstration by the Communist Party (KKE), drawing around 4,500 people, and a third, smaller rally by far-leftists near the US Embassy, ended without incident at 8 p.m. but police remained on standby in the area to avert possible violence. Late on Thursday night police pushed back a group of protesters who lobbed flares at officers while trying to approach Parliament.