Mike Stainbank after nineteen years in litigation over his registered trademark: The Apartheid Museum makes his contribution to World Intellectual Property Day 2020.WORLD-INTELLECTUAL-PROPERTY-DAY-26-APRIL-2020
Mike Stainbank after nineteen years in litigation over his registered trademark: The Apartheid Museum makes his contribution to World Intellectual Property Day 2020.WORLD-INTELLECTUAL-PROPERTY-DAY-26-APRIL-2020
When the Economic Freedom Fighters, led by Commander in Chief Julius Malema, disrupted the 2020 State of the Nation Address, they inadvertently exposed deception in the narrative that legitimizes Parliament. The EFF eventually walked out after their call for the removal of White Apartheid President FW de Klerk, failed to garner support from other political parties. Nothing in the public domain, since 13 February 2020, adequately demonstrates whether the EFF were driven by politics or principle. This short essay departs from the record of SONA 2020 and journeys through questionable aspects of the official explanation about how our Constitutional Democracy comes into existence.
In considering other truths that ground the deliberations of this essay, it is important to note first, that the Speaker of the National Assembly, Ms Thandi Modise (ANC) rose to the defense of FW de Klerk. Equally important is the support she received from ANC leaders in Parliament on the day. The FW de Klerk Foundation issued a press statement reiterating de Klerk’s position within 24 hours of the State of the Nation Address.
It is only after the EFF protest stirred public memory of apartheid atrocities, that ANC leaders realised where public anger would impact most. They implored de Klerk to consider the voter fall-out they may have to face. The retraction that followed, with an apology, saw FW de Klerk finally acknowledge United Nations General Assembly Resolution 1761. The retraction statement read in part:
“It includes ‘the crime of apartheid’ as a crime against humanity and defines it as “inhumane acts …committed in the context of an institutional regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.
Considered with related notes in the history of South Africa, this essay examines Parliaments consensus against the efforts of the Economic Freedom Fighters.
UNCHALLENGED DOCUMENTED HISTORY
Honest historians reason “apartheid” within a continuum of European aggression that began with the colonisation of Afrika in the 17th Century through to Europe’s Conference that was held in Berlin in 1884. The United States joined European nations in an unholy alliance that ruptured everything Afrikans understand as humane. They resolved to thieve both the land and personality of Afrikans. For Afrika, the most barbaric crimes against humanity can be found in documented evidence against the Netherlands, Belgium, Germany, France, Italy, Portugal, Spain and the United Kingdom. The lineage of FW de Klerk, like Hendrik Verwoerd, can be traced back to Jan van Riebeeck who headed the first three conquering ships, Dromedaris, Rejiger and De Goede Hoop. They landed at the Cape from the Netherlands on 06 April 1652.
When the history of European cruelty is assessed by Afrikans, it becomes easy to understand why FW de Klerk, and his broader Dutch Settler Community, take exception to the UN resolution against apartheid. Understandably, they cannot comprehend why they were singled out. Afrika’s archive is replete with evidence of unspeakable, inhumane atrocities, throughout the continent. APARTHEID, in implementation, was precisely the resolution of the Berlin Conference of 1884. The United Nations, had it chosen honesty, ought to have resolved that “COLONISATION was a crime against humanity.”
PRISONER NELSON MANDELA and PRESIDENT FW de KLERK
FW de Klerk sat unmoved at SONA 2020 as truths about the violent White racist community were televised to the world. It never occurred to de Klerk, that, leaving of his own volition, may have salvaged what remnant of humanity he had left to justify his presence in Parliament. FW de Klerk and the ANC were aware of EFF plans before SONA. It is precisely this accord between the two, traced back to its origins, that exposes the fault lines in a Parliament that is explained as a legitimate progression of a negotiated settlement.
This essay draws from the fact that most historians set the date of the development of an accord between political prisoner Nelson Mandela and the apartheid regime, at or about 1985. Mandela and de Klerk though jointly awarded the Nobel Peace Prize, on both their versions, cannot lay claim to have acted honestly nor magnanimously On both versions, their accord originates in secret discussions which, initiated by the apartheid regime, immediately casts a dark shadow of exclusion, that, with the passing of time and exposés reveals decades of fraudulent misrepresentation. Typically, less than a month before SONA 2020, Ms Barbara Hogan, a Senior White ANC Operative, added more to reveal the extent to which the ANC was infiltrated by the apartheid regime. Hogan was testifying at the inquiry into the 1982 death in detention of Neil Aggett. It is Hogan’s second admission, examined with Roelf Meyer’s earlier statement, that helps us understand the questionable relationship between the ANC and the apartheid regime. Hogan explained that, in 1977, the Black Consciousness Movement and its leaders such as Steve Biko were “the most visible and active opposition to the apartheid government.” It was Hogan who described the BCM as “the pre-eminent Black political movement of that era”.
The build-up to the first “democratic” election began in 1990 when print, radio and television, was fully controlled by White media owners and the apartheid regime. The deification of Nelson Mandela and promotion of the ANC as the foremost Black liberation movement was their agenda. Roelf Meyer, chief negotiator on behalf of the regime, is a liar who needs to legitimize the process that bought about our “constitutional democracy”
“Every level-headed South African knew that essentially the settlement will come from the government and the ANC. The one had the power and the other one had the majority support. We maintained a very close link with our principles. I reported to FW de Klerk and Cyril Ramaphosa reported to Mandela, but very much on the same basis, very close line, very hands on.”
Considered against Meyer’s dishonesty, that proposition, presented to Mandela alone, to this day marketed as a magnanimous political gesture, simply does not wash. Nothing explains why the apartheid regime could not have put that self-same proposal to all political prisoners in one sitting. Every political prisoner was incarcerated on Robben Island, because of one common revolutionary objective: ‘to bring an end to apartheid’. Nobody understood that better than Mandela. The regime, on their own version, approached prisoner Mandela, with a view to ‘bringing an end to apartheid’. Mandela was aware of all manner of divide and rule apartheid schemes. Nothing explains why prisoner Mandela did not immediately reject as inappropriate, an exclusionist approach that came from the regime. FW de Klerk sat unmoved in his seat and the ANC did not support the EFF because of an accord that originates in clandestine meetings, dating back thirty-five years.
CHRIS HANI: THE POINT OF NO RETURN
Janusz Walus and Clive Derby-Lewis admitted to conspiracy that led to the assassination of Chris Hani on 10th April 1993. At the time of his assassination Hani was the revered General Secretary of the South African Communist Party and his respected legacy as Chief of Staff for Umkhonto we Sizwe, though neglected since his assassination, is nevertheless adequately documented. By most credible accounts, Chris Hani was the natural successor to Nelson Mandela, within the arrangement that is marketed as a “negotiated settlement”.
Clive Derby-Lewis, an archetypical descendant of the collective European mind that gathered at the Berlin Conference, remained firm in his beliefs until the day he died. Within the matrix of depravity and half-truths he brings to his last recorded interview, there is one aspect of his version that is proven by events over the past twenty six years, and especially, by the spectacle that played out at the State of the Nation Address. His contention that de Klerk’s National Party, surreptitiously engineered a power sharing deal with the African National Congress, cannot be faulted.
The apartheid regime freed prisoner Mandela on 07 December 1988. Charged with the responsibility to bring other ANC leaders on board, he was provided a comfortable home on the grounds of Victor Verster Prison, to receive and consult with whomsoever he pleased. Unless and until we interpret these shady events for what they really were, we will remain diverted by Janusz Walus and Clive Derby-Lewis. We will never see, as clearly as Chris Hani did, that, those clandestine meetings had brought us to the point of no return.
WHAT KILLED CHRIS HANI?
At the time Chris Hani demanded that FW de Klerk be held accountable, he was head of the SACP and MK Chief of Staff. It is in this context that the ANC position at SONA 2020, raises suspicions. In proper construction, Chris Hani preceded the EFF, ANC and every other political party represented in Parliament since 27 April 1994. The decision to continue “negotiations” with the apartheid regime, after Hani’s assassination, cannot be rationalized on the grounds we heard at his funeral and certainly not on revolutionary principles. This purportedly Democratic State does not come into being because of the revolutionary contribution of Chris Hani. It owes its existence to evidence of the machinations that Chris Hani had warned us about. A Parliament that speaks after the voice of Chris Hani has so been silenced, may one day have to account for crimes against humanity.
There exists amongst human beings, because they are human, a solidarity through which each shares responsibility for every injustice and every wrong committed in the world and especially for crimes that are committed in his presence or of which he cannot be ignorant. If I do not do whatever I can to prevent them, I am an accomplice in them. If I have not risked my life in order to prevent the murder of other men, if I have stood silent, I feel guilty in a sense that cannot in any adequate fashion be understood juridically or politically or morally. That I am still alive after such things have been done weighs on me as a guilt that cannot be expiated. Somewhere in the heart of human relations, an absolute command imposes itself: in case of criminal attack or of living conditions that threaten physical being, accept life for all together or not at all. Karl Theodore Jaspers (1883 – 1969)
Mike Stainbank. Founder: The Apartheid Museum
Written by Mathatha Tsedu – SOWETAN 28 September 1998
It is just another house in Rivonia, Johannesburg. Automated gates, spacious lawns, and a well-built house set to the back of the plot. But step inside and you find a reception area decorated with African artefacts, paintings of African scenes and carvings. In the rooms beyond, a buzz of activity as this house-turned-into-an-office goes about its chores.
Down the passage, a door opens to a darkened room. As the dimmer light switch is turned on, the impact of its contents hits one in the face, leaving one gasping. Nelson Mandela, Robert Mangaliso Sobukwe, Steve Biko, Chris Hani and Desmond Tutu sit side by side in sculptures that in their own way tell the story of their persona. In between or was it on one side, is the sculpture of the scene that has come to represent the uprising of 1976, a limp body in the hands of an angry bigger brother, blood oozing out of the limp body as a sister screams as she runs alongside the boy. But in this sculpture, the woman, in the school uniform, raises her fist, defying death, telling the killers as it were that the struggle continues. In another corner is a woman, her face a blank slate, baby strapped to the back, one hand on her chest, and her fist high in the air in the salute that has since time immemorial represented power and defiance. It is not possible to stand there and but wonder and be awed by what that room represents. It is a monument of struggle and reminder of times past and present. It is in this room that the genesis of what has now come to be called The Apartheid Museum was born. Mike Stainbank, owner of the registered trademark, and originator of the concept, has been nursing the idea for over twenty years and says it is a museum of “our past, and a monument to our future, because it is only after lancing the abscess of colonialism and apartheid that we can understand the effect it has had on our lives” “Only then can we look towards healing, towards unifying our nation”.
But it is not the house that Stainbank wants to turn into a Museum. He wants it to be built in a billion-rand project which would be a “Vibrant, social, cultural, sporting and commercial concourse where our history is told interactively” Stainbank argues that the “tragedy of apartheid begs the South African Nation to take a strong position on lessons for humanity.
“The central concern is that we must realise that the healing and fulfillment that comes with it, can only be achieved by ourselves. We cannot view history at arms-length. We must look at our pain, examine it and process its’ effect on our lives.”
“The Apartheid Museum can and must serve to bring psychological peace to all those who suffered and continue to do so under the weight of the legacy of apartheid and oppression, Stainbank says in a brochure issued to launch the idea.
And what is the idea? It is to build a billion rand centre that will be home to a collective of centres interlinked by history and need, by commercial and social directives. It is a fusion of social-cultural sporting and commercial hubs that will ensure that the centre is not dependent on handouts to survive but is a viable entity surviving as it were on its own wits. Thus it will contain a shopping arcade with shops, cinemas and restaurants, a five-star hotel, supplemented by other lower standard accommodation including villages built nearby to give it a truly African feel. The museum will also have a medical centre, office blocks a financial corridor for banking. There will also be a hawkers market and expansive gardens for easy lazy walking.
An international travel bazaar will be feature in which countries wishing to promote their own tourism offerings will be able to exhibit their own history. A stadium will also be built whose ethos will be to reflect the loss that many South African sporting heroes suffered through apartheid. Other features include an archive library and computer training centre, a banquet hall, a 4000-seat auditorium for live music and theatre performances, an arts and culture centre, a conference facility and a World Peace Centre.
Where will this be built? This is where Stainbank’s personality comes through. He argues that as this is concept that can only be owned the nation, provinces should bid to host it. The province and city that wins the bid would benefit from the tourism attracted to this museum and thus reduce unemployment, he argues.
As South Africa struggles with its heritage and the African renaissance philosophy that is sweeping the country, the museum concept adds a new dimension in the understanding of the history of South Africa and the need to nurture a critical generation that will defend the freedoms gained through the pains of so many.
ORIGINAL NEWSPAPER CLIPPING OF THE ARTICLE FROM THE SOWETAN:
Our youngest son Kwame Stainbank was a student at Rivonia Primary School from Grade 1 to Grade 7. As best we can recall, in 2008 Kwame was a 12-year-old learner in Grade 6. The material fact is that one day in the time that Kwame was a student at your school, the class teacher informed learners that they will be visiting “The Apartheid Museum.”
While fellow learners expressed excitement, Kwame immediately told his teacher that he will definitely not join his classmates on this particular outing. When asked why, Kwame, young as he was then, could not explain the protection of intellectual property rights under International Law and the United Nations Declaration of Human Rights. Neither could he explain the true meaning of the rule of law, as promised by this ANC led government in 1994. To the best of his ability, at 12 years of age, he told the class that his father had conceived The Apartheid Museum™ and that Gold Reef City Casino, headed by Solly and Abe Krok, had stolen it.
Kwame came home that day and told us of how the class laughed at him. The teacher was amused. He conveyed the incident simply as a matter of fact, without any traceable emotion. Shirley and I later spoke privately of the humiliation our child must have suffered in front of his classmates. The primary purpose of the exhaustive evidence we now provide is intended to vindicate our son’s courage and integrity in the face of ridicule, those many years ago.
There are other reasons for providing you and others with our unchallenged evidence and allegations. Every response/non-response, every action/inaction, informs our thesis on the Savagery of Racism. Our family harbours no ill feelings toward your school because we know that mainstream media, the ANC and the South African Government, including the Judiciary, the HAWKS and others, have allowed this racist fraud for 18 years.
TODAY, parents, learners and tourists will be defrauded by Gold Reef City Casino.
I can confirm that I chose a term of imprisonment, rather than apologise to Gold Reef City Casino and others involved in their racist fraud. I called them out publicly as violent, racist liars, fraudsters and thieves, perpetrators of torture and gross human rights violations. The detail of my allegations, seen through the eyes of Acting Judge Keightley, is captured under Case No: 37609/2014 GLD JHB. Her judgment can be accessed on the internet. Had I signed that apology, prepared by Gold Reef City Casino, I would have absolved the criminality of, among others, the Gauteng Gambling Board, the Registrar of Companies, the National Lotteries Commission and the Judiciary; all captured organs of state, under government led by the ANC. I would never have been able to vindicate Kwame’s courage.
In support of our effort to educate a cognitive understanding of the savagery of racism, we have attached two dossiers. The first is made up of just three letters; total of six pages. It is headed:
VICE CHANCELLOR MANDLA MAKHANYA – UNISA
INSIDE THE WOMB OF ANC DEPRAVITY
We have supplemented the MAKHANYA/UNISA dossier with two pages of evidence titled:
THE COLONIAL PROJECT IN SOUTH AFRICA – POST 1994
These two pages show the names of those who worked in concert with Mr Christopher Till, who is one among other violent racist criminals of Gold Reef City Casino. The last added page is a letter we received from ANC Minister of Education Kader Asmal in 2003. After reading our unchallenged evidence about the conduct of ANC cadres deployed in organs of state, you may appreciate why, 16 years later, we treat Kader Asmal’s explanation with contempt.
Our second dossier was delivered to the Judicial Commission of Inquiry into State Capture on 19 February 2019. The name and registration number of the company that Rivonia School paid on that visit years ago, is our absolute proof that THE SOUTH AFRICAN APARTHEID MUSEUM AT FREEDOM PARK, REGISTRATION: 2001/019108/08, is nothing but figment in the imagination of a corrupt judiciary. Gold Reef City Casino, as Kwame said, stole our lives, secured my imprisonment and defrauded your school. As activists and educators, we teach that silence in the face of fraud, is fraud. Silence in the face of racism, is racism.
Eusebius McKaiser is a well-known talk show host on the popular, Johannesburg based Radio 702. Issie Kirsh founded PRIMEDIA and the enterprise now known as Radio 702. McKaiser enjoys a massive public following – 290K on Twitter alone. He is a published author, freelance writer and television commentator because he is articulate, and some believe, well-read on a range of topics. McKaiser is, for far too many, an outspoken and trusted source of integrity on issues of corruption, politics, racism, constitutionalism and his sexual preferences. He is, for some, an intellectual of sorts.
We take issue with McKaiser primarily because his conduct, especially as a journalist, has a direct bearing on the trauma, violence, destitution and human rights abuses that my family has endured at the hands of racist criminals who, through fraud and racketeering now claim a legal right to three words: THE APARTHEID MUSEUM. The owners of the Gold Reef City Casino Licence have sustained their violence for eighteen years which began when the Sunday Independent, on 18 November 2001, published without question the blatantly dishonest claim that: “Tycoon Solly Krok found inspiration for Johannesburg’s new Apartheid Museum while visiting a memorial to the Holocaust in Washington.”
In the year 2001 my 1990 trademark THE APARTHEID MUSEUM® (renewed in the year 2000) was recorded in Part A of the Register under Certificate:1990/03560. Our 48-page full colour prospectus, published in 1998, coincided with our Class 35 registration The Apartheid Museum® – Certificate: 1998/13337.
The lesson on the “House Negro” emerges in a seminal lecture by Afrikan American revolutionary Malcolm X at Michigan State University on 23 January 1963. Malcolm X, exploring the impact of White Supremacy, takes his audience through the psychosis of self-hate as it develops in the mind of the enslaved who work close to the White Master.
Just as Malcolm X explained the “House Negro” apart from the “Field Negro”, Steven Bantu Biko defined the conscientized Black mind apart from others he referred to as non-white. The psychiatrist Frantz Fanon, like Biko, Malcolm X and many others have contributed to our understanding of the enslaved mind: “The Negro enslaved by his inferiority, the white man enslaved by his superiority, alike, behave in accordance with a neurotic orientation”
On 03 September 2018, specialist psychiatrist, Dr Mashadi Motlana explained the impact of racism to Eusebius McKaiser on Radio 702. She spoke of “apartheid and the trauma that South Africans have been subjected to”. She explained how “these things become trans-generational”. She went on to say, “we’ve never really healed the wounds of what we were subjected to during apartheid”.
Twenty years before Eusebius McKaiser interviewed Dr Motlana, Sowetan political editor Mathatha Tsedu, after studying our prospectus, wrote an article under the headline: MUSEUM COULD HEAL OUR WOUNDS. He captured our mission and vision as clearly as any other honest journalist could have – if all were not intent on the fake, fraudulent version marketed by Gold Reef City Casino with Solly and Abe Krok as great visionaries.
“It is in this room that the genesis of what has now come to be called The Apartheid Museum was born. Mike Stainbank, originator of the concept, has been nursing the idea for over twenty years and says it is a museum of ‘our past, and a monument to our future, because it is only after lancing the abscess of colonialism and apartheid that we can understand the effect it has had on our lives. Only then can we look towards healing, towards unifying our nation. But it is not the house that Stainbank wants to turn into a Museum. He wants it to be built into a billion-rand project which would be a ‘vibrant, social, cultural, sporting and commercial concourse where our history is told interactively’. Stainbank argues that the ‘tragedy of apartheid begs the South African Nation to take a strong position on lessons for humanity”
There is little, if anything, to suggest that Eusebius McKaiser is not a decent person. But racism is savage in the manner in which it renders its victims malleable, mere appendages, used to advance the criminal thieving nature of the European mind.
In Case No: 23679/2002 TPD, the deponents, Advocate Richard Moloko and the Curator, Christopher Till, authorised by the owners of the Gold Reef City Casino Licence, filed an answer and later a supplementary affidavit, after we sued the casino for infringement of our trademark The Apartheid Museum®. Packed with perjury, there is one critical averment that – under the rule of law – cannot possibly meet the demands of our constitution.
“The business known as Gold Reef City and Casino, which is operated by my company, does not trade or operate as “The Apartheid Museum”. The organisation which operates as “The Apartheid Museum” is a company registered in terms of Section 21 of the Companies Act with registration number 2001/019108/08, by the name of “The South African Apartheid Museum at Freedom Park”, which is not a party to this application. In the premises a separate application for such expungement has now been launched by the said Section 21 Company under case number 32237/2002, which I propose should be heard simultaneously with this application as the same facts are applicable to both applications.”
“Registered in terms of Section 21 of the Companies Act” confirms that it is the owners of the Gold Reef City Casino License, who, for 18 years, brought every criminal court to pretend that there was in existence of Juristic Person empowered, to sue or be sued in a court of law. There is no such company legally incorporated in South Africa. The Gauteng Gambling Board and the Registrar of Companies, read with the records of the South African Revenue Services, have since confirmed this. When Chief Justice Mogoeng told City Press that “judges must be willing to die for the rule of law” he did so full in the knowledge that he leads a criminal syndicate of racists and non-white slaves. He was lying.
The Kirsh and Krok families feature prominently as billionaires in the Jewish community. When Issie Kirsh of Radio 702, heard the lie about Solly Krok being inspired by the memorial to the Holocaust in Washington, he clearly did not share with his employees the PRIMEDIA proposal he conveyed to us three years earlier on 04 December 1998:
“Dear Mr Stainbank: Your letter dated 28 October 1998 regarding the establishment of the Apartheid Museum Foundation is acknowledged with thanks. We are willing to support the proposed Foundation on a value to be agreed basis and look forward to discussing this matter further with yourselves.”
Integrity is the primary tool of trade for journalists and judges alike. Chinua Achebe teaches us that; “One of the truest tests of integrity is its blunt refusal to be compromised.” Eusebius McKaiser, Chief Justice Mogoeng and many others, fail hopelessly on that score. When Eusebius McKaiser, the influencer, knowing these truths, makes himself available to appear at that racist edifice called The Apartheid Museum he facilitates moral and financial fraud against visiting tourists who believe he comes with honesty and integrity.
*17 July 2019 is the 16th Anniversary of the first fraudulent judgment handed down by White Racist Criminal – Justice Brian Southwood in Case No: 32237/2002 TPD.
Founder: The Apartheid Museum®