03 Jul: LJ Upd2 Re: A Crous re: H 51/19: Reply Affidavit & Set Down Clarity.

* Millers Inc, Arno Crous, Brand & van der Bergh Attorneys, Desere Barnard, Frode Moe, Talitha Moe, Graeme Johnstone, Hilary Johnstone
* 03 Jul: LJ Upd2 Re: A Crous re: H 51/19: Reply Affidavit & Set Down Clarity.
* Tygae: EoP Leg Sub: LJ v Graeme Johnstone, LJ v Frode Moe / EoP NWO SCO: EoP NTE GM: EoP NTE GMZA | EoP Axis MilNec Evac: Lotto: EoP v WiP Law, EoP v WiP  Academia, EoP v WiP Media, EoP v WiP Charity, EoP v WiP Religion, EoP v WiP Peacenik / EoP v WiP Neg.  

From: Lara Johnson <eop-leg-sub@tygae.org.za>
Date: Wed, 03 Jul 2019 17:22:53 +0200
To: “Millers Inc: Arno Crous” <arno@millers.co.za>, “Brand & van der Bergh Attorneys: Desere Barnard: Rachel Hannies” <rachel@bvdblegal.co.za>
Cc: Frode Moe <fro.moe@online.no>, Lee Moe <lee.moe@telkomsa.net>, Graeme Johnstone <graeme.johnstone@gmail.com>, Hilary Johnstone <hilary.johnstone@gmail.com>
Subject: LJ Upd2 Re: A Crous re: H 51/19: Reply Affidavit & Set Down Clarity
Message-ID: <0d60375a09842ee3f73f3423bf545253@tygae.org.za>
X-Sender: eop-leg-sub@tygae.org.za

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TO: Millers Inc: Arno Crous & Brand & van der Bergh Attorneys: Desere Barnard
CC: Frode Moe, Talitha Moe, Graeme Johnstone, Hilary Johnstone

Arno Crous & Desere Barnard:

LJ Upd2 Re: A Crous re: H 51/19: Reply Affidavit & Set Down Clarity.

03 July LJ Status Report Re:
* Legal Representation Written Requests to George Lawyers.
* H 45/19: LJ v CRLRC & One Other: EoP Culture & Legal Representation related issues in dispute:

Legal Representation Written Requests to George Lawyers.

As promised on 20 Jun [20 Jun: LJ Upd Re: A Crous re: H 51/19: Reply Affidavit & Set Down Clarity] I drafted letters to various lawyers in George, whom I had not contacted before, requesting a response by 02 July 2019, if they were willing to provide an Ecology of Peace culture client with standby counsel [21 Jun: Req for Info: Ecology of Peace culture In Forma Pauperis Standby Counsel].

During hand delivery of the letters, Gerstner Attorneys Inc: Sunette Joubert & Tanya Hugo declined [PDF]. DP Bezuidenhout Attorneys: Dawie Bezuidenhout had an impromptu meeting with me to discuss my written request for representation where I verbally answered his questions, and subsequently provided him with more detailed written answers [22 Jun: LJ A’s to DB Q’s: Re: EoP Req for Info: In Forma Pauperis Standby Counsel].

Rauch Gertenbach Attorneys: Van Niekerk Steyn responded to my written answers to Dawie Bezuidenhout with a ‘situated in Mosselbay’ excuse [24 Jun: VS Re: LJ A’s to DB Q’s: Re: EoP Req for Info: In Forma Pauperis Standby Counsel] to which I responded with my interpretations requesting clarification whether his response should be interpreted as him being an EoP and WiP Clients lawyer, or a WiP Clients Only Lawyer [24 Jun: LJ Re: VS Re: EoP Req for Info: In Forma Pauperis Standby Counsel]. He has not further responded, indicating the possibility that he is a WiP clients only lawyer.

As of today 02 Jul 2019, none of the other attorneys have responded to the written requests hand delivered to their offices: Chimes van Wyk Inc: Andaleen Chimes & Adele van Wyk [PDF]; Haycock Attorneys: Niel Haycock [PDF]; Lombard Kotze Inc: Freddie Lombard & Chris Kotze [PDF]; NJL Attorneys Inc: Melissa Medea [PDF].

H 45/19: LJ v CRLRC & One Other: EoP Culture & Legal Representation related issues in dispute:

CRL Rights Commission: CEO: Tshimangadzo Edward Mafadza provided me with his Pro Se Notice to Oppose and Answering Affidavit [24 Jun: Maureen Chauke: H 45/19: LJ v CRLRC: CRL Rights Comm: Notice to Oppose, Answer Affid. Print & File Auth]. I confirmed receipt [24 Jun: LJ Re: MC Re: H 45/19: LJ v CRLRC: CRL Rights Comm: Notice to Oppose, Answer Affid. Print & File Auth] and as per his printing and filing authorization, printed and filed his Pro Se Answering Affidavit [25 Jun: H 45/19: Filing: Sheriff Svc & CRLRC Not to Oppose & Answering Affidavit] with the High Court Registrar. On 28 Jun I submitted a letter to CRLRC CEO: Tshimangadzo Edward Mafadza to enquire whether he would prefer a Settlement Agreement or ongoing Equality Court litigation questions about his Answering Affidavit [28 Jun: LJ Letter Re: H45/19: CRLRC: Eddie Mafadza Answering Affidavit]. As of date he has not answered.

On 27 Jun 2019 I received a letter [PDF] from Craig Lucas: Acting Head of the Western Cape Legal Practice Council’s Disciplinary Department [27 Jun: LPC-Craig Lucas: Letter Re H45/19: Filing: Sheriff Svc]. On 28 Jun 2019, I responded to Mr. Lucas letter [28 Jun: LJ re Legal Practice Council WC Craig Lucas Letter to H 45/19: LJ v CRLRC Court file]. As of date there has been no further response from Mr. Lucas.

Conclusion

Status of potentially available In Forma Pauperis Council Standby Counsel, available of their own voluntary decision making. None. Once the H 45/19: LJ v CRLRC application is heard, and the Judge makes a ruling on the culture and legal representation issues in dispute, that may possibly change lawyers willingness to provide EoP culture client standby counsel legal services.

I have been working on my Reply Affidavit; I hope to have it finished by 05 July 2019. If not, at most, a few days at most thereafter.
Summary Overview:
[1] Respondents Refuse to File Answering Affidavits
[2] Evidence Not Included in Applicants Founding Affidavit
[3] Formal Request for Inquisitorial Win-Win Truthseeking Juridical Dispute Resolution Problem Solving
[3.1] Referral to Court Annexed Mediation.
[A] If Declined: Confirm Respondents Fully Informed Consent: Formally Decline Resolution of dispute via Court Annexed Mediation.
[3.2] Final Request to File Answering Affidavits.
[A] If Declined: Confirm Respondents Fully Informed Consent: (a) Allegations Not Denied per Affidavit, will be Regarded as Having Been Admitted; (b) Failing to deal with the merits of an applicant’s claim in application proceedings based on some technical ground may have drastic consequences as a respondent may suffer an adverse order being granted without having fully exercised his/her right to be heard..
[4] If – Respondents Lawyers Request Dismissal without Having Addressing Merits – Required: Adversarial Lawfare Options:
[4.1] In Forma Pauperis Application for Standby Counsel
[4.2] Referral to Equality Court for Cultural Discrimination Enquiry.

A copy of this correspondence shall be documented at LJ v GH Johnstone [lj-v-ghj.tygae.org.za]

Respectfully,

Lara Johnson,
Pro Se, EoP Applicant [EoP Oath PDF]

Sent per electronic notice to:

Frode Moe, Talitha Moe:
Frode Moe (fro.moe@online.no); Lee Moe (lee.moe@telkomsa.net); Counsel: Millers Inc: Arno Crous (arno@millers.co.za);

Graeme Johnstone, Talitha Johnstone:
Graeme Johnstone (graeme.johnstone@gmail.com); Hilary Johnstone (hilary.johnstone@gmail.com); Counsel: Brand & van der Bergh Attorneys: Desere Barnard: Rachel Hannies (rachel@bvdblegal.co.za)

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