04 Sep: H 45/19: Applicant Updated 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.

IN THE HIGH COURT OF SOUTH AFRICA

EASTERN CIRCUIT LOCAL DIVISION OF THE WESTERN CAPE HIGH COURT; HELD AT GEORGE, SOUTH AFRICA

Case H 45/19

In the matter between:

Lara Johnson Applicant
and
CRL Rights Commission 1st Respondent
Legal Practice Council 2nd Respondent

APPLICANT CLOSING STATEMENT
 

[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[1] and Legal Practice Council[2].

[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[3].

[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[4] [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.

[3] Orders Requested:

[3.1] CRLRC: CRL Rights Commission:

[A] An Order confirming Applicants Ecology of Peace cultural membership. [§ 4. Order]

[B] Alternatively: The respondent be ordered to provide the requested information[5]. [§ 5. In Forma Pauperis Affidavit]

[3.2] LPC: Legal Practice Council:

[A] An Order confirming Applicants efforts to find legal representation in accordance with her Ecology of Peace cultural values, and recommendations for Assistance of Counsel / Standby Counsel legal services assistance. [§ 4. Order]

[B] Alternatively: The respondent be ordered to provide the requested information[6]. [§ 5. In Forma Pauperis Affidavit]

[4] Order:

[4.1] Applicants draft order can be found in 12 Aug 2019 Filing: Applicant Reply Affidavit: Annex A: Order[7].

[5] In Forma Pauperis Affidavit:

[5.1] The Applicant requests appointment of In Forma Pauperis Counsel and/or Standby Counsel: If there are no lawyers willing to legally represent her in a capacity of representation of counsel in accordance to her Ecology of Peace cultural values; the court appoint assistance / standby counsel[8]; if the respondents counsel’s legal strategy is to focus not on the evidentiary merits of the case, but on legal formal court procedure technicalities; to enable applicant to represent herself in accordance to her cultural values, with assistance of a standby counsel to ensure that her documentation is in accordance to legal formatting requirements.

[5.2] Applicants In Forma Pauperis Affidavit can be found in 12 August 2019 Filing: Applicant Reply Affidavit: Annex B: In Forma Pauperis Affidavit[9].

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___________________________________ ___________________________________
Signed EoP Oath: 23 Sep 2017: LJ
Applicant: Lara Johnson, Pro Se
PO Box 5042, George East, 6539
Cel: 071 170 1954
Date Filed:
.
.
.

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[1] Filing 18 Feb 2019: Application for Referral to Mediation: Para 1:
[1.1] Request CRL Rights Commission clarify what information they require from applicant in order to confirm in writing applicants Ecology of Peace cultural membership

[2]  Filing 18 Feb 2019: Application for Referral to Mediation: Para 2:
[2.1] Does the Legal Practice Council know of any lawyers who would be willing to legally represent an individual who is a member of an Ecology of Peace culture?

[2.2] Does the Legal Practice Council know if there are any lawyers in South Africa who would be willing to represent applicant in a capacity of Assistance of Counsel / Standby Counsel?:

[2.3] Request the Legal Practice Council issue a short factual statement confirming the results of aforementioned request, confirming that the applicant’s efforts to find 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; to enable applicant to represent herself in accordance to her cultural values, but with assistance of a standby counsel to ensure that my documentation is in accordance to legal formatting requirements?.

[3] Assistance / Standby Counsel provide technical tactical assistance to individuals representing themselves Pro Se. Assistance/Stand by counsel peruse the applications and/or pleadings; to ensure that documents filed – affidavits, applications etc – are technically correct in accordance to court procedure requirements; to avoid (a) wasting the courts time; and/or (b) opposing counsel requesting the case be dismissed or thrown out of court on a legal technicality, such as incorrectly formatted, filed, or signed legal documents. Standby counsel are generally used by activist minded individuals who have legal reform strategies that lawyers may be reluctant to pursue at all or to pursue passionately.

[4] http://www.derebus.org.za/road-choose-action-application/

[5] Filing 18 Feb 2019: Application for Referral to Mediation: Para 1:
[1.1] Request CRL Rights Commission clarify what information they require from applicant in order to confirm in writing applicants Ecology of Peace cultural membership

[6]  Filing 18 Feb 2019: Application for Referral to Mediation: Para 2:
[2.1] Does the Legal Practice Council know of any lawyers who would be willing to legally represent an individual who is a member of an Ecology of Peace culture?

[2.2] Does the Legal Practice Council know if there are any lawyers in South Africa who would be willing to represent applicant in a capacity of Assistance of Counsel / Standby Counsel?:

[2.3] Request the Legal Practice Council issue a short factual statement confirming the results of aforementioned request, confirming that the applicant’s efforts to find 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; to enable applicant to represent herself in accordance to her cultural values, but with assistance of a standby counsel to ensure that my documentation is in accordance to legal formatting requirements?.

[7] Filing 12 Aug 2019: Reply Affidavit: Annexure A: Order [pp.01/23]: Enclosures: (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].

[8] Assistance / Standby Counsel provide technical tactical assistance to individuals representing themselves Pro Se. Assistance/Stand by counsel peruse the applications and/or pleadings; to ensure that documents filed – affidavits, applications etc – are technically correct in accordance to court procedure requirements; to avoid (a) wasting the courts time; and/or (b) opposing counsel requesting the case be dismissed or thrown out of court on a legal technicality, such as incorrectly formatted, filed, or signed legal documents. Standby counsel are generally used by activist minded individuals who have legal reform strategies that lawyers may be reluctant to pursue at all or to pursue passionately.

[9] Filing 12 Aug 2019: Reply Affidavit: Annexure B: In Forma Pauperis Affidavit [pp.03] and Enclosures [pp.08]: Lara Johnson and Clive and Ann Johnstone Settlement Agreement [pp.08] .

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