02 Mar: Filing: EQ Court: 02/20: LJ v GH Johnstone & 3 Others

* Faadia Davids, Irma Le Roux, Graeme Johnstone, Hilary Johnstone, Frode Moe, Talitha Moe, Millers Inc, Arno Crous, Brand and van den Bergh Attorneys, Desere Barnard.
* 02 Mar: Filing: EQ Court: 02/20: LJ v GH Johnstone & 3 Others
» 04 Mar: Correction: [PDF] link
* Tygae: EoP Leg Sub: LJ v FT Moe, LJ v GH Johnstone / 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 Peacenik / EoP v WiP Neg.

From: Lara Johnson <eop-leg-sub@tygae.org.za>
Date: Mon, 02 Mar 2020 15:44:28 +0200
Subject: Filing Question Re: George High Court: Equality Court application
To: “Registrar to Judge NC Erasmus: Faadiah Davids” <fdavids@judiciary.org.za>
Cc: “Eastern Circuit of Western Cape High Court Held at George: Registrar of the High Court: Irma Le Roux” <irleroux@justice.gov.za>
Message-ID: <b534ae3c1b9ece452c096f4fedea76fa@tygae.org.za>
X-Sender: eop-leg-sub@tygae.org.za
From: Lara Johnson <eop-leg-sub@tygae.org.za>
Date: Mon, 02 Mar 2020 15:48:36 +0200
Subject: Filing: EQ Crt: 02/20: LJ v GHJ & 3 Others
To: Graeme Johnstone <graeme.johnstone@gmail.com>, Hilary Johnstone <hilary.johnstone@gmail.com>, “Brand & van der Bergh Attorneys: Desere Barnard: Rachel Hannies” <rachel@bvdblegal.co.za>, Frode Moe <fro.moe@online.no>, Talitha Moe <lee.moe@telkomsa.net>, “Millers Inc: Arno Crous” <arno@millers.co.za>
Message-ID: <d7d447f7207ba41f265c297fe7b7fc08@tygae.org.za>
X-Sender: eop-leg-sub@tygae.org.za

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TO: Sitting George High Court Registrar: Faadiah Davids:
CC: Not sitting George High Court Registrar: Irma Le Roux:
CC: Respondents: Graeme and Hilary Johnstone; Frode & Talitha Moe.

Ms Davids:

Filing Question Re: George High Court: Equality Court application.

I filed an Equality Court Application with Irene at the Equality Court in George Magistrates Court this morning. She accepted the filing: EQ 2/20: Lara Johnson v Graeme Johnstone and Three Others [PDF].

A few hours later Irene telephoned and said that the damages requested surpassed Magistrates Court – Equality Court jurisdiction and that the application would have to be refilled at the George High Court – Equality Court. She incorrectly thought the High Court was sitting at the moment in Thembalethu and said I should come in tomorrow, retrieve the application and refile it with the Registrar for the High Court sitting at Thembalethu; i.e. yourself.

I telephoned the George Magistrates Court again to confirm that the High Court was sitting at Thembalethu at the moment, and it was confirmed that the High Court is not currently sitting in George / Thembalethu. Presumably you and Judge Erasmus are back in Capetown.

I did not know that there were two Equality Court clerks in all courts. I thought that all Equality Court applications are filed with one specific designated Equality Court clerk in any Magistrates Court house; who processes the filing, authorizes Sheriff Service, and receives respondents Reply Affidavits.

Once the application reaches the Step Four phase, the Magistrate would accept Magistrates court applications as a Magistrates Court Equality court matter, and/or refer it to the High Court and/or refer it to Court Annexed Mediation and/or refer it to any other appropriate mediation, arbitration or adjudication court / process.

Step 4:
[1] Within 3 days of the expiry of the period within which the respondent(s) is meant to reply, the clerk must refer the matter to the Presiding Officer (the Magistrate or Judge who will hear the matter).
[2] The Presiding Officer has 7 days to decide whether the matter is to be heard at the equality court or whether it should be referred to an alternative forum such as the South African Human Rights Commission.
If the Presiding Officer decides to refer the matter to the alternative forum, the clerk must notify the parties of the referral.
The alternative forum must deal with the matter as expeditiously as possible.
If it fails to do so or fails to resolve the matter, it must refer the matter back to the court with a report.
If the matter is referred back, the Court has 7 days within which to give instructions as to how the matter should be dealt with.
» Dept of Justice: Equality Courts: Step by Step Guide.

My Equality High Court Filing Questions:

Please clarify the correct court procedures at George Magistrates Court for (a) filing of an Equality Court application, which includes relief requested amounts that surpass Magistrates Court jurisdiction; (b) on a day when the High Court is not sitting in George / Thembalethu and the sitting High court Registrar is not available to receive the filing.

EoP/OKC TRC Negotiations correspondence is published at EoP Leg Sub [eop-leg-sub.tygae.org.za]

Respectfully,

Lara Johnson,
EoP MILED Clerk [EoP Oath PDF]
16 Taaibos Ave, Heatherpark, George, 6529

Sent per electronic notice to:

Sitting George High Court Registrar: Faadiah Davids: Registrar to Judge NC Erasmus:
Faadiah Davids (fdavids@judiciary.org.za)

Not sitting George High Court Registrar: Irma Le Roux:
Eastern Circuit of Western Cape High Court Held at George: Registrar of the High Court: Irma Le Roux (irleroux@justice.gov.za)

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

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

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