Mark Shuttleworth | here be dragons

Release week! Already! I wouldn’t call Trusty ‘vintage’ just yet, but Utopic is poised to leap into the torrent stream. We’ve all managed to land our final touches to *buntu and are excited to bring the next wave of newness to users around the world. Glad to see the unicorn theme went down well, judging from the various desktops I see on G+.

And so it’s time to open the vatic floodgates and invite your thoughts and contributions to our soon-to-be-opened iteration next. Our ventrous quest to put GNU as you love it on phones is bearing fruit, with final touches to the first image in a new era of convergence in computing. From tiny devices to personal computers of all shapes and sizes to the ventose vistas of cloud computing, our goal is to make a platform that is useful, versal and widely used.

Who would have thought – a phone! Each year in Ubuntu brings something new. It is a privilege to celebrate our tenth anniversary milestone with such vernal efforts. New ecosystems are born all the time, and it’s vital that we refresh and renew our thinking and our product in vibrant ways. That we have the chance to do so is testament to the role Linux at large is playing in modern computing, and the breadth of vision in our virtual team.

To our fledgling phone developer community, for all your votive contributions and vocal participation, thank you! Let’s not be vaunty: we have a lot to do yet, but my oh my what we’ve made together feels fantastic. You are the vigorous vanguard, the verecund visionaries and our venerable mates in this adventure. Thank you again.

This verbose tract is a venial vanity, a chance to vector verbal vibes, a map of verdant hills to be climbed in months ahead. Amongst those peaks I expect we’ll find new ways to bring secure, free and fabulous opportunities for both developers and users. This is a time when every electronic thing can be an Internet thing, and that’s a chance for us to bring our platform, with its security and its long term support, to a vast and important field. In a world where almost any device can be smart, and also subverted, our shared efforts to make trusted and trustworthy systems might find fertile ground. So our goal this next cycle is to show the way past a simple Internet of things, to a world of Internet things-you-can-trust.

In my favourite places, the smartest thing around is a particular kind of monkey. Vexatious at times, volant and vogie at others, a vervet gets in anywhere and delights in teasing cats and dogs alike. As the upstart monkey in this business I can think of no better mascot. And so let’s launch our vicenary cycle, our verist varlet, the Vivid Vervet!

The South African Supreme Court of Appeal today found in my favour in a case about exchange controls. I will put the returned funds of R250m plus interest into a trust, to underwrite constitutional court cases on behalf of those who’s circumstances deny them the ability to be heard where the counterparty is the State. Here is a statement in full:

Exchange controls may appear to be targeted at a very small number of South Africans but their consequences are significant for all of us: especially those who are building relationships across Southern Africa such as migrant workers and small businesses seeking to participate in the growth of our continent. It is more expensive to work across South African borders than almost anywhere else on Earth, purely because the framework of exchange controls creates a cartel of banks authorized to act as the agents of the Reserve Bank in currency matters.

We all pay a very high price for that cartel, and derive no real benefit in currency stability or security for that cost.

Banks profit from exchange controls, but our economy is stifled, and the most vulnerable suffer most of all. Everything you buy is more expensive, South Africans are less globally competitive, and cross-border labourers, already vulnerable, pay the highest price of all – a shame we should work to address. The IMF found that “A study in South Africa found that the comparative cost of an international transfer of 250 rand was the lowest when it went through a friend or a taxi driver and the highest when it went through a bank.” The World Bank found that “remittance fees punish poor Africans“. South Africa scores worst of all, and according to the Payments Association of South Africa and the Reserve Bank, this is “..mostly related to the regulations that South African financial institutions needed to comply with, such as the Financial Intelligence Centre Act (Fica) and exchange-control regulations.”

Today’s ruling by the Supreme Court of Appeal found administrative and procedural fault with the Reserve Bank’s actions in regards to me, and returned the fees levied, for which I am grateful. This case, however, was not filed solely in pursuit of relief for me personally. We are now considering the continuation of the case in the Constitutional Court, to challenge exchange control on constitutional grounds and ensure that the benefits of today’s ruling accrue to all South Africans.

This is a time in our history when it will be increasingly important to defend constitutional rights. Historically, these are largely questions related to the balance of power between the state and the individual. For all the eloquence of our Constitution, it will be of little benefit to us all if it cannot be made binding on our government. It is expensive to litigate at the constitutional level, which means that such cases are imbalanced – the State has the resources to make its argument, but the individual often does not.

For that reason, I will commit the funds returned to me to today by the SCA to a trust run by veteran and retired constitutional scholars, judges and lawyers, that will selectively fund cases on behalf of those unable to do so themselves, where the counterparty is the state. The mandate of this trust will extend beyond South African borders, to address constitutional rights for African citizens at large, on the grounds that our future in South Africa is in every way part of that great continent.

This case is largely thanks to the team of constitutional lawyers who framed their arguments long before meeting me; I have been happy to play the role of model plaintiff and to underwrite the work, but it is their determination to correct this glaring flaw in South African government policy which inspired me to support them.

For that reason I will ask them to lead the establishment of this new trust and would like to thank them for their commitment to the principles on which our democracy is founded.

This case also has a very strong personal element for me, because it is exchange controls which make it impossible for me to pursue the work I am most interested in from within South Africa and which thus forced me to emigrate years ago. I pursue this case in the hope that the next generation of South Africans who want to build small but global operations will be able to do so without leaving the country. In our modern, connected world, and our modern connected country, that is the right outcome for all South Africans.

Mark