04 Sep: H 45/19: LJ Re: LPC-CL Closing Statement; Upd LJ Closing Statement

* Edward Mafadza, Maureen Chauke, Kgositoi Sedupane, Kgaogelo Makgoba, CRL Rights Commission, Vinolia Mashwayi, Khulisiwe Sithole, Craig Lucas, Legal Practice Council, Kathleen Dlepu, JS Grobler, Frank Dorey, P Arnold-Mfusi, T Leope.
* 04 Sep: H 45/19: LJ Re: LPC-CL Closing Statement; Upd LJ Closing Statement.
» Encl: Applicant Updated Closing Statement; Derebus: Which road to choose? Action or Application.
* Tygae: EoP Leg Sub: LJ v CRLRC / 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 Neg.

From: Lara Johnson <eop-leg-sub@tygae.org.za>
Date: Wed, 04 Sep 2019 13:18:20 +0200
Subject: H 45/19: LJ Re: LPC-CL Closing Statement; Upd LJ Closing Statement.
To: Edward Mafadza <Eddie@crlcommission.org.za>, Maureen Chauke <maureen@crlcommission.org.za>, Kgositoi Sedupane <asedupane@crlcommission.org.za>, Kgaogelo Makgoba <Kgaogelo@crlcommission.org.za>, CRL Rights Commission <info@crlcommission.org.za>, Vinolia Mashwayi <vinoiah@crlcommission.org.za>, Khulisiwe Sithole <khulisiwe@crlcommission.org.za>, Craig Lucas <craigl@lpc.org.za>, Legal Practice Council <info@lpc.org.za>, “Director: Kathleen Dlepu” <directorgp@lpc.org.za>, “Provincial Director: Gauteng: JS Grobler” <directorgp@lpc.org.za>, “Western Cape: Frank Dorey” <directorwc@lpc.org.za>, “KZN: P Arnold-Mfusi” <directorkzn@lpc.org.za>, “Free State: T Leope” <directorfs@lpc.org.za>
Message-ID: <22431740bee40b274652027832fe7694@tygae.org.za>
X-Sender: eop-leg-sub@tygae.org.za
Attachment: 19-09-03_LJvCRL_LJ-CloseStmnt_Upd_VMEncl.pdf
Date: Wed, 04 Sep 2019 13:24:24 +0200
Subject: Edit H 45/19: LJ Re: LPC-CL Closing Statement; Upd LJ Closing Statement.
To: Edward Mafadza <Eddie@crlcommission.org.za>, Maureen Chauke <maureen@crlcommission.org.za>, Kgositoi Sedupane <asedupane@crlcommission.org.za>, Kgaogelo Makgoba <Kgaogelo@crlcommission.org.za>, CRL Rights Commission <info@crlcommission.org.za>, Vinolia Mashwayi <vinoiah@crlcommission.org.za>, Khulisiwe Sithole <khulisiwe@crlcommission.org.za>, Craig Lucas <craigl@lpc.org.za>, Legal Practice Council <info@lpc.org.za>, “Director: Kathleen Dlepu” <directorgp@lpc.org.za>, “Western Cape: Frank Dorey” <directorwc@lpc.org.za>, “KZN: P Arnold-Mfusi” <directorkzn@lpc.org.za>,  Free State: T Leope” <directorfs@lpc.org.za>
Message-ID: <f8daf5bb2b5179f5e0b44f822d2e20d0@tygae.org.za>
X-Sender: eop-leg-sub@tygae.org.za
Attachment: 19-09-03_LJvCRL_LJ-CloseStmnt_Upd_VMEncl.pdf

Edit: Added: If any respondent wants to file a closing statement or update their former informal closing statement; please provide such closing statement by 17:00 hrs on 05 Sep 2019.

TO: Legal Practice Council: Craig Lucas
TO: CRL Rights Comm: CEO: Edward Mafadza

Mr. Lucas and Mafadza:

H 45/19: LJ Re: LPC-CL Closing Statement; Upd LJ Closing Statement.

LJ Re: LPC-CL Closing Statement:

I received LPC-CL 03 Sep reply [03 Sep: LPC-CL Re: H 45/19: LJ Closing Statement, Pro Se Set Down Proceedings] to EoP 28 Aug [28 Aug: H45/19: LJ v CRLRC: Closing Statements; Pro Se Set Down Date] and 03 Sep [03 Sep: H 45/19: LJ Closing Statement, Pro Se Set Down Proceedings] correspondence.

Status of CRLRC Settlement Agreement Negotiations:
* 13 Aug: CRLRC-KS Re: H45/19: LJ v CRLRC: LJ Reply Affidavit; Pro Se Set Down Date
* 14 Aug: LJ Re: CRLRC-KS Re: CRLRC Recognition of EoP Community Council Offer.
* 29 Aug: CRLRC-VM: CRL Rights Commission’s Community Council Registration.
* 29 Aug: LJ Re: CRLRC-VM: Re: CRL Rights Commission’s Community Council Registration.

Transparency Notice:
EoP 01 Sep transparency notice [01 Sep: Status of EoP – Abolish Babylon WiP Ecocide Law – UN Resolution] to international End Ecocide lawyers and judges informing them of (a) EoP culture order being requested of George High Court in H 45/19 [H45/19: LJ v CRLRC: LJ Reply Affidavit; Pro Se Set Down Date]; and (b) EoP Working Hypothesis: Cultural values that lawyers object to  [26 Feb: LJ v LPC: Req for Info to Cape Law Soc Pro Bono Dept].
LJ Updated Closing Statement:

Please find enclosed Applicants Updated Closing Statement, which includes the following – [1] Facts Not in Dispute; [2] Application Proceedings Juridical Rulings: Re Facts Not in Dispute – edit additions, excluding footnotes:

[1] Facts Not In Dispute:

[1.1] Applicants working hypothesis conclusion interpretation of Respondents ambiguous Pro Se Answers – under oath per affidavit, and not under oath in negotiation correspondence – to Applicants Request for Information to CRL Rights Commission  and Legal Practice Council.

[A]  Applicant is a member of an Ecology of Peace culture, whose Ecology of Peace cultural values are summarized in Applicants Reply Affidavit documents: (a) Ecology of Peace Sincere Peacenik / Honourable Warrior Culture values [pp.16]; (b) EoP Axis Oaths: (i) 19 April 2019 SQWorms Ecology of Peace Policy Statement [pp.01]; 19 Sep 2017: Lara Johnson Responsible Freedom Oath [pp.05].

[B]  Applicant has been unsuccessful in finding a lawyer in South Africa willing to legally represent her in a capacity of (a) representation of counsel in accordance to her cultural values; or (b) assistance / standby counsel.

[2]  Application Proceedings Juridical Rulings: Re Facts Not in Dispute:

[2.1] According to Vuyo Mkwibiso’s conclusions in Derebus: Which road to choose? Action or Application [pp.03 Encl A]:

The Labour Appeal Court found that a dispute of fact will be held to exist on the basis of what is alleged in the answering affidavit in comparison to the founding affidavit. The court further held that allegations that were not denied would be regarded as having been admitted. …… From the cases – Room Hire Co (Pty) Ltd v Jeppe Street Mansions (Pty) Ltd 1949 (3) SA 1155 (T); Wightman t/a JW Construction v Headfour (Pty) Ltd and Another 2008 (3) SA 371 (SCA); Naidoo and Another v Sunker and Another (SCA) (unreported case no 126/11, 29-11-2011); SA Football Association v Mangope (2013) 34 ILJ 311 (LAC) – it is clear that 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 right to be heard. Legal practitioners are urged to familiarise themselves with the applicable principles regarding disputes of fact before advising their clients on how to oppose legal proceedings brought as applications supported by affidavits. In summary, only real, genuine or bona fide disputes of fact will be entertained by the courts before a decision is made to dismiss an application or refer it to trial or for oral evidence on a limited issue. Bare denials are not sufficient to establish disputes of fact, unless the facts in question are peculiarly in the knowledge of the applicant and the respondent has no knowledge of those facts. In order for a litigant to argue that disputes of fact were reasonably foreseeable, those disputes must be set out in the answering affidavit, which must set out the basis on which it is alleged that the disputes were reasonably foreseeable. The existence of letters and e-mails or other proceedings based on similar facts between the same parties, in which the alleged disputes of fact were raised, will be insufficient.

If any respondent wants to file a closing statement or update their former informal closing statement; please provide such closing statement by 17:00 hrs on 05 Sep 2019.

A copy of this correspondence shall be documented at LJ v CRLRC [lj-v-crlrc.tygae.org.za]

Respectfully,

Lara Johnson,
Pro Se, EoP Applicant [EoP Oath PDF]
PO Box 5042, George East, 6539.

Sent per electronic notice to:

CRL Rights Commission: Tshimangadzo Edward Mafadza:
Edward Mafadza (Eddie@crlcommission.org.za); Maureen Chauke (maureen@crlcommission.org.za); Kgositoi Sedupane (asedupane@crlcommission.org.za); Kgaogelo Makgoba (Kgaogelo@crlcommission.org.za); CRL Rights Commission (info@crlcommission.org.za); Vinolia Mashwayi (vinoiah@crlcommission.org.za); Khulisiwe Sithole (khulisiwe@crlcommission.org.za)

Legal Practice Council: Craig Lucas:
Craig Lucas (craigl@lpc.org.za); Legal Practice Council (info@lpc.org.za) Director: Kathleen Dlepu (directorgp@lpc.org.za); Provincial Director: Gauteng: JS Grobler (directorgp@lpc.org.za); Western Cape: Frank Dorey (directorwc@lpc.org.za); KZN: P Arnold-Mfusi (directorkzn@lpc.org.za); Free State: T Leope (directorfs@lpc.org.za)

.