09 Mar: Filing EQ Crt 02/20: LJ v GHJ & 3 Others

* Brand & van der Bergh Attorneys, Desere Barnard, Millers Inc, Arno Crous, Graeme Johnstone, Hilary Johnstone, Frode Moe, Talitha Moe.
* 09 Mar: Filing EQ Crt 02/20: LJ v GHJ & 3 Others.
* Tygae: EoP Leg Sub: LJ v GHJ, LJ v FTM / EoP NWO SCO: EoP NTE GM: | 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, 09 Mar 2020 21:39:48 +0200
Subject: Re: EQ Crt 02/20: LJ v GHJ & 3 Others
To: “Brand & van der Bergh Attorneys: Desere Barnard: Rachel Hannies” <rachel@bvdblegal.co.za>, “Millers Inc: Arno Crous” <arno@millers.co.za>
Cc: Graeme Johnstone <graeme.johnstone@gmail.com>, Hilary Johnstone <hilary.johnstone@gmail.com>, Frode Moe <fro.moe@online.no>, Talitha Moe <lee.moe@telkomsa.net>
Message-ID: <3ca586bc8969d5083dd4088703920b3d@tygae.org.za>
X-Sender: eop-leg-sub@tygae.org.za

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TO: Arno Crous & Desere Barnard
CC: Graeme and Hilary Johnstone, Frode & Talitha Moe.
Re: 20-03-02_LJvGHJ_EQF-FAfd-EnclAI_MCrtStp-Sgd [PDF: pp.109]

Mr Crous & Ms Barnard:

Re: EQ Crt 02/20: LJ v GHJ & 3 Others.

I filed three documents with with Faadiah Davids, the High Court Registrar in Thembalethu.

As noted in the letter to Judge Erasmus [PDF: pp.04]; Faadiah accepted H 45/19: LJ v CRLRC [Annex A: PDF: pp.50] and H 111/19: LJ v Lindiwe Sisulu [Annex C1: PDF: pp.24; C2: PDF: pp10] filings; but declined to accept the H 51/19 | EQ 02/20: LJ v GHJ application [Annex B PDF: pp.109], referring it back to the George Magistrates Court Equality Court Clerk: Irene.

Faadiah told me to tell Irene that as far as she is aware 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 clerk can then refer it to the Civil Magistrate for Magistrates Courts applications, and/or to the High Court Clerk and Judge for High Court Equality court applications. .

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.

However she advised that Irene should check with Capetown office and/or Dept of Justice Equality Head office, to make sure of the process.

So I took it back to Irene at the George Magistrates Court. She took it back, and said she would discuss it with the Magistrate and call Capetown to make sure of the process. If all is fine, she will process the application and get it served by the Sheriff. If not, she will call and give an update as to what Capetown’s orders are. .

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

 

 

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14 Comments

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