The number one source in order of law is Natural Law. Natural Law is existence as it is, being what it is, functioning as it functions, according to the laws which make it what it is. So, Natural Law is the “given”. It’s the regularities that make existence able to be what it is at all. This is why any field of human endeavour presumes that there is something there to discover. Some order; some regularity. This is why we have science and philosophy and medicine. We all presuppose that what we are doing is discovering and learning and being able to apply something that already pre-exists. Natural Law is simply the “given”.
Application of Commercial Law:
When Law begins to emerge in human consciousness, into human consciousness, thought, word, and deed, you have what is the most fundamental of all human law. For want of a better word or way to describe this, this most fundamental of all human law is called “economic” or Commercial Law. It has to do with human survival, with human interactions of any kind, any relationships, buying, selling or trading or relating in any way. Next, after Commercial Law in the pecking order of derivative, being removed from Natural Law, and therefore inferior, is Common Law. Common Law emerged, basically, in England out of disputes over Allodial land boundaries (sovereign ownership of land). Common Law is the Law of the Land. Common Law, of course, gave rise to the jury system and many, many writs and processes which governments have absorbed into their rulership schemes, and statutised and made into regulations and processes in the courts. Common Law is valid to the extent that it does not conflict with Commercial Law. After Common Law come Governments, and their laws and legislative regulations and so forth. Below that is Politics. By going back to Commercial Law and understanding what it is and what the rules are and how to use it is to our advantage. The principles and maxims and precepts of Commercial Law are eternal and unchangeable and unchanging. They are, of course, expressed in biblical language in both the Old and New Testaments. It has remained unchanged for thousands of years and it forms the underlying foundation for all law and governments in the world, the Law of Nations and everything that human civilization is built on. This is why it is so powerful and fundamental. When you operate at this level, by these processes, nothing that is of an inferior statute can overturn it or change it or abrogate it or meddle with it. It remains the fundamental source of authority and power and functional reality.
Download annexure: APPLICATION OF COMMERCIAL LAW
From Black’s Law Dictionary 4th Edition, 1968:
Maxim. …Coke defines a maxim to be “conclusion of reason,” and says that it is so called “quia maxima ejus dignitas et certissima auctoritas, et quod maxime omnibus probetur.” Co.Litt. 11a. He says in another place: “A maxime is a proposition to be of all men confessed and granted without proofe, argument, or discourse.” Id. 67a.
As 3 out of 4 South Africans are Christian, we will quote 10 maxims of equity from the 1611 King James Version.
Download annexure: 10 MAXIMS OF EQUITY
However, the below indicates that a workman is no longer worthy of his hire.
Growing Financial Inequality:
The greatest inequality in the world lies in the divide between extreme wealth and poverty; And, global financial inequality is rapidly growing as Oxfam reports:
“The combined riches of 62 of the world’s most well-heeled individuals in 2015 equaled the wealth of 3.5 billion people — the bottom half of humanity — a new report about extreme global wealth inequality released showed. “Our economic system is heavily skewed in their (the wealthiest) favor, and arguably increasingly so,” Oxfam said. “Far from trickling down, income and wealth are instead being sucked upwards at an alarming rate.”
Oxfam added: “Rising inequality is a problem for all of us.”
Even public servants are speaking out:
Statistics – South Africa:
Extracts from Mr. Pali Lehohla, Statistician-General of South Africa from the URL link: http://www.statssa.gov.za/ in the following article:
Why, What and How: Jabs for a successful Sustainable Development Goal (SDG) experience:
“We need a jab and a different jab, a revolutionary jab if the poor have to believe that a different future is possible, a jab that the modern world accepts that slavery is regrettable and never again, that colonialism is regrettable and never again, that Neo colonialism is regrettable and never again, that racism and sexism are regrettable and never again, that dictatorships are regrettable and never again, that self-aggrandizement of capital is regrettable and never again. Only when we commit to that in deed there is hope that the poor are not with always going to be with us, that the gluttonous executive pay and privilege will disappear, that concentration will be replaced by equity and the rich too can successful go through the eye of the needle. For that to happen we need a radical SDG implementation plan and action. We need a theory informed and monitored Programme. Finally while in god we may trust, all of us will need statistics to keep us on this narrow and radical path.”
…“This marks and perhaps should remind us of the mortification of globalization of race based discrimination which manifested itself in slavery, colonialism, Neo colonialism and current forms of coloniality.
…”It was Bhagwati who revealed the work of the invisible hand that the terms of trade did not only deteriorate but an immiserization of a section of the population, the agrarian sector, was produced and reproduced, so whatever growth occurred as a consequence of trade, more had to be produced in agriculture to pay for increasingly expensive industrial products.”
…”So we have seen how poverty has become an industry that is man made. Because “The poor you will always have with you” we the banks can generate pseudo riches by unsecured lending, because the poor we should create in order for us to always have the poor with us. The 2008 financial crisis which for no better word Chairman Alan Greenspan ascribes to an animal spirit and indeed in the dotcom inspired financial crisis of the 1990′s he called this irrational exuberance are but some of the mechanisms by which the prophecy of Matthew is confirmed that the “The poor you will always have with you”.”
…“This is not through data revolution but asking penetrating questions as regards Who draws the benefits from this growth and perhaps by using data we can ask this hard, political economy revolution rendering questions.”
…”The notion of an information society resonates with a market economy and certainly not with a capitalist society. The crisis of capital is now driven by information technology, the lumpen and ordinary citizens who are asking the question. Chairman Alan Greenspan opines in the second IMF statistics and data session that if the current path does not change a more serious specter may emerge, and may I paraphrase a prospect of war dare I say.”
… “…to believe that a different future is possible, a jab that the modern world accepts that slavery is regrettable and never again, that colonialism is regrettable and never again, that Neo colonialism is regrettable and never again, that racism and sexism are regrettable and never again, that dictatorships are regrettable and never again, that self-aggrandizement of capital is regrettable and never again. Only when we commit to that in deed there is hope that the poor are not with always going to be with us, that the gluttonous executive pay and privilege will disappear, that concentration will be replaced by equity and the rich too can successful go through the eye of the needle. For that to happen we need a radical SDG implementation plan and action. We need a theory informed and monitored Programme. Finally while in god we may trust, all of us will need statistics to keep us on this narrow and radical path.” [emphasis added]
Not only is the system creating poverty, it is also showing the hallmarks of a meltdown as reported by economic and financial experts in their fields. South African media is well blanketed
Lord Mervin King is a professor of economics and ex-governor of the Bank of England and explains why “The crisis was a failure of a system, and the ideas that underpinned it, not of individual policymakers or bankers” in the following post published in the Business Section of The Telegraph newspaper, UK, 27 February 2016 he wrote:
Lord Mervyn King: why throwing money at financial panic will lead us into a new crisis
“The crisis was a failure of a system, and the ideas that underpinned it, not of individual policymakers or bankers”
‘A world out of balance’ – “The most obvious symptom of the current disequilibrium is the extraordinarily low level of interest rates”
‘Spotting cracks in the surface’ – “The world recovery since the crisis has been neither strong, nor sustainable, nor balanced”
‘Stretched central banks’ – “Central banks are trapped into a policy of low interest rates because of the continuing belief that the solution to weak demand is further monetary stimulus”
‘a solvency crisis?’ – “Only a recognition of the severity of the disequilibrium into which so many of the biggest economies of the world have fallen, and of the nature of the alchemy of our system of money and banking, will provide the courage to undertake bold reforms.”
“Many countries can now see that they have taken monetary policy as far as it can go. The weakness of demand across the world means that many, if not most, countries can credibly say that if only the rest of the world were growing normally then they would be in reasonable shape. But since it isn’t, they aren’t.”
Debt, defaults, and devaluations: why this market crash is like nothing we’ve seen before
By Mehreen Khan – The Telegraph, UK, 6th February 2016
Mehreen Khan is a Business reporter. She writes on economics, the eurozone and global finance.
A pernicious cycle of collapsing commodities, corporate defaults, and currency wars loom over the global economy. Can anything stop it from unravelling?
The world economy is throwing up reasons to worry, as the globe’s largest emerging markets have shown signs of deterioration over the last six months, says Olivier Blanchard, the former long-serving chief economist of the International Monetary Fund. “My biggest fear is precisely that the dramatic shift in mood becomes self-fulfilling” – Olivier Blanchard
“China’s growth is probably less than officially reported. Russia and Brazil are doing very badly. South Africa is flirting with recession. Even India may not be doing as well as was forecast,” says Blanchard, who left the Fund after seven years late last year. As it stands however, he says market ructions still represent a classic case of “herd” behaviour.
“Conditions that usually pave the way for mounting defaults – such as growing bad debt, tightening monetary conditions, tightening of corporate credit standards and volatility spikes – are currently met in the US”, says Bronka Rzepkowski at Oxford Economics
“The shine has come off the US”, says David Folkerts-Landau, chief economist at Deutsche Bank.
Financial Post – Outlook 2016
Samuel Shmuel reported 13th January 2016:
‘No normal’ is the new normal as markets throw away the traditional playbook
“This is a capital preservation environment, not a money making environment,” said Jeff Gundlach, CEO of bond house DoubleLine Capital in his quarterly presentation.
Gundlach warned that the U.S. is currently in a “stealth bear market”, where many stocks have now fallen 20 per cent or more, even as the broader market has yet to hit that mark. He also cautioned that full-on bear markets tend to follow in the wake of a stealth market.
Bronka Rzepkowski, senior global strategist at Oxford Economics, said that this year will likely see a year of “volatility peaks” as investors ponder whether the bull market in stocks, now in its seventh year, is near its end.
“2016 is set to see relatively meagre equity returns worldwide because of weak global earnings growth outlook and unappealing valuations of stock markets,” said Bronka Rzepkowski, senior global strategist at Oxford Economics in a note.
Fiscal union will never fix a dysfunctional eurozone, warns ex-IMF chief Blanchard
Deeper integration and an EU superstate will be no “panacea” for ills of the eurozone, says Olivier Blanchard
By Mehreen Khan – The Telegraph, UK – 10 Oct 2015
The euro will be consigned to a permanent state of malaise as deeper integration will bring no prosperity to the crisis-hit bloc, according to the former chief economist of the International Monetary Fund.
In a stark warning, Olivier Blanchard – who spent eight years firefighting the worst global financial crisis in history – said transferring sovereignty from member states to Brussels would be no “panacea” for the ills of the euro.
Who is Lyndon LaRouche?
LYNDON H. LAROUCHE, JR. emerged, over the course of the 1970s and 1980s, to rank among the most controversial international political figures of his time. This controversy, which also features such related issues as his efforts to destroy the international drug traffic and his initiating role in formulating what President Ronald Reagan announced on March 23, 1983 as the Strategic Defense Initiative (SDI), is principally rooted in not only domestic U.S., but, also, global political-economic issues.
LaRouche As an Economist – Both Lyndon LaRouche’s standing as an internationally known economist, and his exceptional successes as a long-range forecaster, are the outgrowths of his original discoveries of physical principle, dating from a project conducted during the 1948-1952 interval.
Stop Hiding the Disaster – Face It and Take Responsibility
The collapse of the financial system can no longer be hidden from the populations of Europe and the US. The bankers have panicked — expanding QE money printing, negative interest rates, banks buying their own stock to maintain an appearance of solvency, and talk of “helicopter money,” as if money was the problem. It is not about money, but about the collapse of the real economy. The suicide rate among formerly employed skilled workers is not about money – it is that they have been pushed aside by a satanic policy which cares only about money, not human beings.
Investment Research Dynamics & Kranzler Research
John H. Kranzler is Professor and Director of the School Psychology Program in the School of Special Education, School Psychology, & Early Childhood Studies. He has taught classes in school psychology, learning and cognition, measurement and evaluation, theories of intelligence, psychoeducational assessment, statistics, law & ethics in psychology, and individual differences. His main area of scholarly interest concerns the nature, development, and assessment of human cognitive abilities.
…The Swiss National Bank admitted that it has spent $470 billion on currency manipulation since 2010. Given the Fed’s refusal to disclose any information about its currency swap programs – including denying all FOIA requests on this matter – there can be no doubt that the Fed has been actively funding the SNB’s endeavors. The same goes for the SNB’s huge U.S. stock portfolio, which includes insanely overvalued gems like AAPL and AMZN.
We are witnessing the western Central Banks’ last gasp at preventing total systemic collapse. The Fed et al were able to defer this event in 2008 with many trillions of direct money printing – deceptively marketed as “Quantitative Easing” – and many more trillions of direct Government income and spending subsidization. After all, a Government willing to underwrite and guarantee 3% down payment, subprime credit mortgages is creating nothing more than a form of “helicopter money” dressed in drag.
Michael Krieg from Libertyblitzkrieg.com: “I took a job at Lehman Brothers where I worked with the Oil analyst in the Equity Research Department. In 2005, I joined Sanford C. Bernstein where I served as the Commodities Analyst on the trading floor. About halfway through my time there, I started to branch out and write opinions on bigger picture “macro” topics that no one else at the firm was covering. These opinion pieces were extremely popular throughout the global investment community, and I traveled around providing advice to some of the largest mutual funds, pension funds and hedge funds in the world.
I loved my job, but as time passed I started to educate myself about how the monetary and financial system functions and what I discovered disgusted me. I no longer felt satisfied working within the industry, and I resigned in January 2010. At that point, I started a family investment office and continued to write macro pieces on economic, social and geopolitical topics.”
Excellent Interview – A Brief History of Corporate Immunity
I’ve been saying over and over for years now that the number one cancer in American society at the moment is the disastrous and uncivilized two-tiered justice system. Nothing is more destructive to a society than the realization that a small group of people are above the law, while others remain fully exposed to its brutal and unyielding gavel. Until this situation is remedied, this country will continue to spiral down the oligarch toilet bowl.
For more on America’s Banana Republic justice system, see:
In Liberty, Michael Krieger
Dean Henderson is the author of five books: Big Oil & Their Bankers in the Persian Gulf: Four Horsemen, Eight Families & Their Global Intelligence, Narcotics & Terror Network, The Grateful Unrich: Revolution in 50 Countries, Das Kartell der Federal Reserve, Stickin’ it to the Matrix & The Federal Reserve Cartel. You can subscribe free to his weekly Left Hook column at www.hendersonlefthook.wordpress.com
OILIGARGHY: Neocolonial ‘Modus Operandi’, The End of Anglo-American Hegemony – By Dean Henderson
Not long ago, Chocolate Oligarchs and their fascist gendarmes seized Ukraine’s fertile wheat and barley fields, whilst bankster-funded Islamist rebels took Mosul & the adjacent Kirkuk oilfield – one of the world’s largest – for Exxon Mobil.
BRIC nations saw imperial over-reach and, led by Putin, busied themselves preparing for the slow-motion unraveling of the Anglo-American financial empire.
The Rothschild/Rockefeller/banking/energy/arms/drugs oligopoly that has enslaved humankind and decimated planet earth for the last few centuries is coming apart at the seams. The arrogance and stupidity of the self-proclaimed “illuminated ones”, who operate their matrix from the city of London, is being writ large for all to see.
Their Mideast gendarmes Israel & Saudi Arabia now falter.
Peter Schiff Warns: “The Whole Economy Has Imploded… Collapse Is Coming”
Back before 2008 Peter Schiff was harshly criticized and laughed at for his predictions about a coming economic collapse. Among other things Schiff warned that consumer spending had hit a wall, stocks were overpriced and lax credit lending practices would lead to a detonation of the banking system. Rather than heed the warnings, the biggest names in mainstream media tried to discredit him for not toeing the official narrative. Shortly thereafter, of course, Schiff was vindicated and much of the doom he had forecast came to pass.
Afrika: The Other Side of The Coin:
A political and socio-economic commentary on Africa and its people by Udo W. Froese
South Africa’s Corporate Sector Can Ill Afford To Throw Stones From Its Glasshouse (Part 2)
“Ruthless, dishonest businessmen in South Africa have stolen assets of Randgold to the value of R21billion. Subsequently, others have prevented the minorities of the company from obtaining what is rightfully theirs. I cannot stand idly by and permit this to happen,” retired, former senior stockbroker at the Johannesburg Stock Exchange (JSE) and director of the mining company, Randgold, Johann Blersch, stated in his public address.
The Banks And The Mining Companies Accused Of Theft.
Blersch explained in a report published on March 13, 2007 in South Africa’s daily business newspaper, Business Day, “Randgold is the largest creditor of Johannesburg Consolidated Investments (JCI). The amounts owed by JCI to Randgold may exceed JCI’s net asset value.”
The above was executed during the time of Brett Kebble, from September 1997 to August 2007.
Under the watch of the various “controlling organs” such as the bank ombudsman, the various chambers of banks, of business, commerce and industries and mines, under the self-appointed captains of industries as well as under the department of finance under former minister Trevor Manuel and the former head of South Africa’s Reserve Bank, Tito Mboweni, billions were stolen and misappropriated.
Johann Blersch recorded, “In essence Brett Kebble stole from the one entity (Randgold) to fund the other three entities (JCI, Western Areas and himself and his family). Investec Bank received stolen Randgold Resources shares from JCI, which Investec then sold. As bankers to the Kebble Empire, Investec should have known that these shares were stolen. “
“Investec retained part of the proceeds of these shares in settlement of its loans to JCI. The balance was paid to JCI. From 1999 to 2005 Brett Kebble stole the bulk of Randgold’s portfolio and sold the shares for R1 900 million. Unchallenged forensic reports show that the initial recipients of the R1 900 million were (a) JCI R900 million; (b) Western Areas R500 million; (c) The Kebbles R400 million and (d) Investec R100 million”, Blersch reflected.
He further states, “The shares stolen from Randgold were sold for R1.9 billion. By the end of June 2010 the claim based on the Roman Dutch law against thieves, ‘condictio furtiva’, had reached R21 billion. When Barry Seargant’s book on the Kebble collusion was published, this figure had reached R26 billion and now stands at R30 billion.”
Author Barry Seargant documents Kebble’s theft in his book “The Kebble Collusion”. “It is the well-researched documentary of the world’s biggest unprosecuted fraud. In today’s terms it would amount to R30 billion. And, the cast is stellar: top financial institutions, leading bankers, a world where every other player is an attorney, a world where Brett Kebble was king.”
“It is incredible that none of the South African regulatory authorities has taken any effective action and that no prosecutions have taken place,” observes Johann Blersch.
Investigation into rand’s collapse starts
The Cape Times reported on 25 January 2016, By: Siyabonga Mkhwanazi
The investigation into the collapse of the rand has started, with the Competition Commission targeting six major financial institutions implicated in currency manipulation.
The commission confirmed that this probe would reveal the forces behind the depreciation of the currency in the last few years.
Spokesperson for the Competition Commission Itumeleng Lesofa said they had started the investigation. “The commission is unable to provide detailed information regarding the status of the investigation,” said Lesofa.
The probe was launched by Competition Commission head Tembinkosi Bonakele in May last year following a huge fine imposed by US and UK authorities on six major financial institutions involved in currency manipulation.
The US and UK regulators fined the six banks a total of $5.6 billion (R92bn).
JP Morgan Chase, Barclays Bank, Royal Bank of Scotland and Citigroup all pleaded guilty to foreign exchange manipulation.
Swiss-based UBS AG and Bank of America were also slapped with the multibillion-dollar fine.
US Justice Department top officials said for five years the banks had used chatrooms to manipulate currency prices almost daily.
Shortly after this Bonakele announced the same investigation in South Africa to get to the bottom of the collapse of the rand.
He said they had initiated investigations against BNP Paribas, Citigroup, Barclays Bank and JP Morgan Chase.
The commission was also investigating Investec and Standard Chartered Bank.
However, Lesofa would not give details on the investigations.
Bonakele said last year this investigation was in line with other probes in the US and UK.
It would unmask cartels where they operated. Their operations impacted on the value of the local currency and the Competition Commission would not tolerate this conduct.
In 2002 former president Thabo Mbeki launched a commission of inquiry into the collapse of the rand after ex-South African Chamber of Business chief executive Kevin Wakeford blew the whistle on currency manipulation. He fingered three major companies in the collapse of the rand.
Mbeki appointed the Myburgh Commission of Inquiry. At the time the rand had collapsed from R7.60 to R13.84 to the US dollar in 2001.
Wakeford warned that if this practice was not stopped, the rand would go down to R20, R30, R40 and possibly R50 to the US dollar.
However, the rand managed to claw its way back and regained 35 percent of its value. But in 2013 it sank again and breached the psychological barrier of R10 to the US dollar. Its collapse continued in 2014 and 2015, reaching new lows of R14 to the US dollar, and is currently at R16.48 to the greenback.
The ANC has been trying to find measures to rein in the ailing economy.
President Jacob Zuma and Finance Minister Pravin Gordhan are expected to announce some of the measures to fix the economy during the State of the Nation address in February.
However, we know that this is only window dressing.