A South African Courtcom Trilogy

A South African Courtcom Trilogy

Any person who often watches TV would have come across the terms “sitcom” and “romcom”, the latter being a romantic comedy. What follows has all the makings of a  “Courtcom” (Court Comedy), albeit that the people on the receiving end of the bizarre goings-on, as described herein, in the erstwhile Natal Provincial Division of the Supreme Court of South Africa did not regard the illegal atrocities inflicted on them by the judges as funny.

I will in due course post full particulars of the illegal conduct of Natal Supreme Court judges in three cases in which I was the attorney of record. There were numerous other Natal cases in which the unconscionable and illegal conduct of the judges caused serious harm to my clients but I have selected only three cases for discussion on my website.

The criterion that caused the particular cases to be selected is that I could expose the mischief by merely referring to the court judgement of each case. My analysis of the evil that befell my clients is therefore not based on “my evidence” but on the facts on record.

In all the numerous cases that I referred to, one distinguishing fact was that “one of the most basic and important rules of natural justice” as “encapsulated in the well-known maxim, audi alteram partem, (see “Introduction to South African Law and Legal Theory” by Hosten and others) was not available to me and my clients.

The three cases that I will discuss in detail are the following:

1.         Botha v Web – the first tragedy in the trilogy. Rough justice indeed!

2.         Car Sales Incorporated v B P de Bruin

3.         Car Sales Incorporated v Bekisisa Khoza

In the case of Botha v Web the illegal and unconscionable conduct of the judges inter alia consisted of illegally refusing to allow the advocate of my client to present to the court vital evidence that was fraudulently concealed from the court by the appellants’ attorney, evidence that would have exposed the fraud of the Appellant’s attorneys.

And given the fact that, at the time, the same unique illegal approach (to put it kindly) of the judges in the Botha case was also perpetrated in other Natal High Court cases in which I acted as an attorney, I decided that it would border on unprofessional conduct to continue practising as a litigating attorney, whilst judges of the Natal Court failed to respect and adhere to even the most basic rules of natural justice. I reiterate that in none of the cases was I given an opportunity by the judges to state my side of in the case, as is required by one of the most basic rules of natural justice, 

And so there therefore came a time that I realised that I need to rid myself of the injustices to which my clients and I have been exposed in the Natal Superior courts and I eventually decided to stop practising as an attorney. But the Natal Law Society attempted to blackmail me inter alia into admitting that the vast number then I subsequently embarked on various business ventures and I can only describe what then followed as an adventure. Some of the exciting things that I inter alia became involved in are the following:

  • I rendered services as ad hoc legal adviser to numerous businesses, which includes one of the largest corporations in South Africa.
  • I designed and built two prototypes of a sophisticated motor vehicle.
  • As a scientist I did research (and produced a comprehensive report for a medical         doctor (Dr Gunn) on a range of natural products that he was promoting for combating AIDS.
  • As an experienced fighter and transport pilot I wrote a considerable number of article for an aviation magazine, and during that time saved the managing editor of the publisher and the managing director of the producer from a sexual harassment complaint by demolishing (during cross-examination) the desire of the complaint – was duly represented at the proceedings by an attorney – to continue with her complaints.
  • I have had a total of more than 60 items published (which does not include my letters to newspapers that were published) and I was inter alia commissioned to produce promotional material for the South African Air Force museum, Nasua, and Rand Airport (which happens to be the base of the first fighter squadron on which I served as a combat pilot.
  • I was able to pursue my activism activities unrestricted by rules aimed at protecting shysters.

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