07 May: LJ Q Re LJ v GME & LJ v FTM: Re RHT Jurisdiction

* Frode Moe, Talitha Moe, Millers Inc, Arno Crous, Marshan Franco Properties, Riana Chapman, Pieter Potgieter, Halmar Vockins, Ivan Vockins, Brand & van der Bergh Attorneys, Desere Barnard, Rachel Hannies, Crawley Family, David Crawley, The One Financial Solution, Isobel Rohwer
* 07 May: LJ Q Re LJ v GME & LJ v FTM: Re RHT Jurisdiction
* Tygae: EoP Leg Sub: LJ v FTM, 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 Peacenik / EoP v WiP Neg.

From: Lara Johnson <eop-leg-sub@tygae.org.za>
Date: Thu, 07 May 2020 22:15:23 +0200
Subject: LJ v GME & LJ v FTM: Re RHT Jurisdiction
To: Frode Moe <fro.moe@online.no>, Talitha Moe <lee.moe@telkomsa.net>, “Millers Inc: Arno Crous” <arno@millers.co.za>, “Marshan Franco Properties: Riana Chapman” <riana@francoproperties.com>, Pieter Potgieter <pieter@francoproperties.com>, Halmar Vockins <hvockins@gmail.com>, Ivan Vockins <ivanvockins@webmail.co.za>
Message-ID: <cfbd2d3640649355ddaa4e11355063e4@tygae.org.za>
Date: Thu, 07 May 2020 22:17:21 +0200
Subject: LJ v GME & LJ v FTM: Re RHT Jurisdiction
To: “Brand & van der Bergh Attorneys: Desere Barnard: Rachel Hannies” <rachel@bvdblegal.co.za>, “Crawley Family: David Crawley” <crawleydavid1@gmail.com>, “The One Financial Solution: Isobel Rohwer” <isobel@theonefs.co.za>
Message-ID: <f4a939be14bf003218ea68ce6e8bd4a5@tygae.org.za>


TO: RHT: LJ v GME: Desere Barnard, David Crawley, Isobel Rowher
TO: RHT: LJ v FTM: FT Moe, Arno Crous, Marshan Franco Prop, Stan Vockins Children.

Desere Barnard, Frode Moe et al:

LJ v GME & LJ v FTM: Re RHT Jurisdiction.

The application was filed in the Western Cape Rental Housing Tribunal, among other reasons because (a) it offers laypersons who are not lawyers the opportunity to represent themselves; (b) it is a free service that does not require Sheriffs service of legal documents; (c) it is exclusively focused on mediating rental disputes between landlords and tenants; (d) its focus is to resolve rental disputes within three months, whereas magistrates courts applications can take months or years; (e) all of which means that it is a far far cheaper and quicker legal mediation and arbitration venue for all parties than a Civil Magistrates or High Court..

Rental Housing Tribunals are legal bodies set up by Regional Goverments Departments of Human Settlements to deal with disputes between landlords and tenants. It has same powers as the magistrate court. It provides a free service, which includes ispute resolution between landlords and tenants which may be in a form of an investigation, mediation and or hearing and is held as close as possible to a point of a complaint. [RHT: Western Cape; Eastern Cape]

Please clarify whether any respondent objects to the application filed in the Rental Housing Tribunal, based on jurisdiction: your interpretation of the Rental Housing Act [SA Gov: Rental Housing Act] that the Rental Housing Tribunal only has jurisdiction over rental agreements between tenants and landlords; that involve rental agreements of indoor housing for human habitation; and outbuildings, garage, storeroom, or demarcasted parking space which is leased as part of the indoor human habitation lease; not rental of an outbuilding, garage, storeroom, or demarcasted garden or storage space, on a urban housing erf; which is not part of an indoor human habitation lease.

If so: I can either file an additional Rental Housing Tribunal application; involving Clive and Ann Johnstone, documenting how demand to move my worm farm, without reasonable opportunity to find alternative barter exchange rental property for my worm farm, shall result in my inability to pay my barter exchange rental for my residence at 16 Taaibos ave [LJ-CAJ 16 Taaibos Ave: Barter Exchange Residential Agreement]

Alternatively if 18 Chestnut St respondents object to Rental Housing Tribunal jurisdiction; the 18 Chestunt St dispute can be transferred to the Small Claims Court [Dept of Justice: Small Claims Courts], in terms of Small Claims Act, Section 13; 15 (b) and 16 (d); which means that the ruling will include the alternative of a claim for payment of damages upto R20.000 per respondent.

13 Transfer of actions
An action may, with the consent of all the parties, or upon the application of one of the parties who satisfies the court that the hearing of the action in that court may result in undue expense or inconvenience to him, be transferred by the court to any other court, and in such a case the latter court shall, notwithstanding anything to the contrary in this Act contained, have jurisdiction to hear that action.

15 Jurisdiction in respect of causes of action
Subject to the provisions of this Act, a court shall have jurisdiction in respect of causes of action in- (b) actions for ejectment against the occupier of any premises or land within the area of jurisdiction of the court: Provided that where the right of occupation of the premises or land is in dispute between the parties, that right does not exceed in clear value to the occupier the amount determined by the Minister from time to time by notice in the Gazette.

16 Matters Beyond Jurisdiction
A court shall have no jurisdiction in matters-  (d) in which is sought specific performance without an alternative claim for payment of damages,
-Dept of Justice: Small Claims Courts: Forms: Small Claims Courts Act.

If you do not object to the Rental Housing Tribunal jurisdiction; then the case can proceed with all parties consenting to the Rental Housing Tribunals arbitration and mediation jurisdiction; subject to the consent ot the Rental Housing Tribunal officials.

If you object to Rental Housing Tribunal jurisdiction, please let me know by 10 pm on Sunday 10 May 2020.

If any 18 Chestnut respondents object to the Rental Housing Tribunal jurisdiction; then I can remove those persons from the Rental Housing Tribunal application, and transfer the application involving those individuals; to the Small Claims Court or Magistrates Court.

If any 22 Witfontein respondents object: The High Court: H 51/19: LJ v Graeme Johnstone and Five Others [lj-v-ghj] court record can be updated to confirm that the FT Moe Respondents declined the opportunity to have the 22 Witfontein rental housing agreement dispute mediated by the Rental Housing Tribunal.

If prior to the resolution of these applications, a decision is made by President Ramaphosa [lj-v-ls; lj-v-nmn] or Chief Justice Mogoeng [lj-v-nmn] that South African courts are WiP Only courts, all EoP law applications shall be rendered null and void, and all my time and resources shall be spent on sale of all my property and making departure plans out of South Africa; (a) to a nation where temporary EoP and WiP law courts may exist, for the purposes of reaching a UN General Assembly and/or International Court of Justice EoP or WiP international law legal certainty ruling [as noted in EoP law negotiations correspondence to Minister of Police Cele; CC: PM Netanyahu and President Lukashenko: 02 May: McVeigh2020: EoP or WiP Law SA Courts Q for SAPS Police Chief Cele: password]; and if none; (b) to Russia as per LJ v LS [lj-v-ls]: No EoP OKC TRC: Lara and Tim Siberia Assisted Suicide negotiations provisions.

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


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




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