08 Jun: LJ Costs Orders A’s: [B2] Judicial Notice of EoP Law Culture Declined by WiP Law Only Respondents

* 08 Jun: LJ Filing: EoP Law Pro Se Applicant Reply to Respondents Costs Order Question [PDF: pp.139].
» LJ Costs Orders A’s Filing : [B2] Judicial Notice of EoP Law Culture Declined by WiP Law Only Respondents [pp.02].
* Tygae: EoP Leg Sub: LJ v GME / 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 Psych, EoP v WiP Peacenik / EoP v WiP Neg.

IN THE CIVIL MAGISTRATES COURT

DISTRICT OF GEORGE, HELD AT GEORGE, SOUTH AFRICA

Case: 542/21

In the matter between:

Lara Johnson Applicant
And
Executor: Estate Gill Elliott: Marlise Steenekamp 1st Respondent
Heir Elliott Estate: Dawn Meyer 2nd Respondent
Master of High Court: George Service Point
Ref: Master of the High Court File: 4968/2020
3rd Respondent
CCMA Director: Cameron Morajane
Ref: CCMA 1279-20: LJ v Estate GM Elliott
4th Respondent

Judicial Notice of EoP Law Culture Declined by WiP Law Only Respondents. 

 .

[1] I hereby take judicial notice of applicants Notice of Case Withdrawal in terms of Law of Evidence Amendment Act; in the absence of respondents taking judicial notice of Applicants EoP law culture.

[2] The Law of Evidence Amendment Act 1988, states:

[1] Judicial notice of law of foreign state and of indigenous law       (1) Any court may take judicial notice of the law of a foreign state and of indigenous law in so far as such law can be ascertained readily and with sufficient certainty: Provided that indigenous law shall not be opposed to the principles of public policy or natural justice: Provided further that it shall not be lawful for any court to declare that the custom of lobola or bogadi or other similar custom is repugnant to such principles.   (2) The provisions of subsection (1) shall not preclude any party from adducing evidence of the substance of a legal rule contemplated in that subsection which is in issue at the proceedings concerned.

[3] SA Law Commission, June 1988: Report on Conflicts of Law 76: The Harmonization of the Common Law and the Indigenous Law, advises:

A conflict of laws arises whenever rules of evidence derived from two or more different legal systems are potentially applicable to the same set of facts. Choice of law rules are then needed to determine (a) which rules to apply; or (b) which combination of rules to apply. ……. Parties may select the law to be applied; based upon objective and subjective reasonableness tests.

[4] SASOP: SA Society of Psychiatrists Re: Ethical trust building between cultures: Position Statement 9 on culture, mental health and psychiatry, recommends

a 50/50 balance: i.e. no preference for dominant or minority culture values.

[5] In the absence of (a) respondents taking judicial notice of Applicants EoP law culture; and consequently (b) all questions of fact or law in dispute being adjudicated in terms of (c) a balance between (i) EoP law culture rules of evidence; and (ii) WiP Law dominant or minority law culture rules of evidence:

[5.1] Any WiP Law Only culture merits and/or costs ruling in this matter was and will be applicable only to WiP Law Only culture respondents and counsel.

[6] In the absence of respondents taking judicial notice of Applicants EoP law culture; there is and will be no EoP and WiP Law ruling on merits or costs, in this matter; applicable to EoP law culture applicant.

[7] Written Reasons:

[7.1] WiP law only respondents and their WiP Law Only counsel have declined to take judicial notice of Applicants EoP law culture.

[7.2] It has not been disputed by WiP law only respondents and their WiP law only counsel; that EoP law culture Pro Se Applicant has been unable to find legal representation and/or standby counsel assistance for EoP law culture for the past twenty years, including in this matter.

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DATED on ________________; at George, South Africa.

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_____________________________
Magistrate

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