Before the International Tribunal for Natural Justice

And

In the Constitutional Court of

Constitutional Court Case No:

UZA court of record case no: 2013/06/S11

In the matter between:

Unified Common Law Grand Jury of Southern Africa Hereinafter UZA: court of record and lawful representatives of we, the people of the original Republic of South Africa Demandants also known as Plaintiffs and the following people, acting as:

Justices of the Constitutional Court of South Africa 1st Tenants also known as 1st Defendants Chief Justice: Deputy Chief Justice: Gikgang Moseneke Justice: Justice Justice Justice Justice Justice Johann van der Westhuizen Justice Justice Justice Sisi

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As well as all the people acting on behalf of the following: Judicial Services Commission 2nd Tenants As well as: 2nd Defendants The National Prosecuting Authority of South Africa 3rd Tenants As well as: 3rd Defendants The Minister of Justice and Correctional Services 4th Tenants As well as: 4th Defendants Deputy Minister for Justice and Constitutional Development 5th Tenants As well as: 5th Defendants “All” Agents, “ALL” Attorneys, All” Assigns, “All” Bar Associations, “All” Chief Clerks, “All” Clerks, All CEOs, “All” Counsellors, “All” executive administrators, “All” Magistrates, “All” Law Societies, “All” Masters, “All” Officers, “All” Registrars, “All” Sheriffs and “All” other acting Agents of the REPUBLIC OF SOUTH AFRICA or any derivatives thereof; Co-Tenants Co-Defendants

Founding Affidavit

Notice to principal is notice to agent Notice to agent is notice to principal

Be Pleased To Take Judicial Recognizance That we, the people on the land of Southern Africa hereby declare that this is private communication and not a PUBLIC communication and that the Justices see this Affidavit as an invitation to participate and to give guidance by our herein terms and as to the extraordinary remedies proposed, rather than viewing this writ as an indictment according to the herein charges;

Whereas without any prejudice, we begin by referring to a point made by just before this ‘democratic’ era came into being:

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‘The Constitution is Natural Justice Writ Large’

‘It is no accident that constitutions usually come into being as a result of bad rather than good experiences. Their text, or sub-text, is almost invariably: “never again”. In the case of South Africa, the new constitution arises out of the need to escape from the profound humiliations and oppression created by apartheid. Through the constitution, we affirm that we learn something from our dolorous history. It is worth repeating: all constitutions are based on mistrust. If we could trust our rulers, our parties, ourselves, we would not need constitutions. Power not only corrupts, it intoxicates, it confuses. Like Nature, it abhors a vacuum. Like Water, it follows the path of least resistance. Oppression is oppression, but in some ways, oppression in the name of the good is worse than oppression in defence of the bad, since it tarnishes the very ideas it seeks to protect and deprives people even of the image or hope of a better society.’ [‘The Constitution is Natural Justice Writ Large’ in Corder and McLennan (eds) Controlling Public Power: Administrative Justice Through Law Cape Town, Department of Public Law, University of Cape Town: 1995, 51, 51.

1.] Be Pleased To Take Notice That we expressly wish to clarify from the outset that this is a clear case of subject matter jurisdiction as per the following precedent: 2.] SUPREME COURT RULING – NO CORPORATE JURISDICTION OVER THE NATURAL MAN Supreme Court of the United States 1795, “Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with anything other than corporate, artificial persons and the contracts between them.” S.C.R. 1795, (3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54)

3.] And, whereas we expressly wish that this herein Affidavit and all related communications with the Constitutional Court and all similar jurisdiction courts are executed outside the Republic for use within the Republic in accordance with rule 63 of the High Courts and that the under-signed have waivered their right to recognition as a person as defined in the Interpretation Act.

4.] And, whereas we wish to start with a summary brief and conclusion so that our wishes and intent remains clear and not lost in the translation; “A few men live by reason, most live by experience, the remainder live by necessity, and the animals live by nature.” - Cicero

5.] We say that based on our first-hand experiences with the people acting on behalf of the courts and banks and agencies of government of Southern Africa and based on the Annexures provided at http://giftoftruth.wordpress.com/annexures/

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6.] And, based on all further information researched and posted on the relevant giftoftruth.wordpress.com pages and all links named therein, all the aforementioned we believe to constitute sufficient and substantive proof of our herein-made claims:

7.] Whereas by natural reason in our discovery of the truth to find remedy in the law for

we, the people and to be of consensus we hold the following to be true unless proven to be otherwise, In which case we will humbly withdraw our charges and claims and amend our ways:

8.] Summary brief of claims: 9.] Whereas we say that based on our findings we, the people have reason to believe that: i) We have no more lawful original Republican government by common-law definition; instead we are being governed by what can only be described as FEDERAL DEMOCRATIC CORPORATE LAW MERCHANT FRANCHISES; ii) The REPUBLIC OF SOUTH AFRICA, SOUTH AFRICA, PARLIAMENT and all derivatives thereof are conformed companies, hereinafter RSA INC. iii) The FEDERAL BANKs are now ALL privately owned by a global cartel that hijacked the banking system in stages over the last 200 years; iv) Our SOUTH AFRICAN RESERVE BANK was finally ‘re-venued’ in 1994; v) The REPUBLIC OF SOUTH AFRICA was ‘re-venued’ in 1995 and subsequently ALL REGISTERED ENTITIES; vi) MONEY and PROMISSORY NOTES are merely IOUs; vii) INVOICES, REMITTANCES, ORDERS, WARRANTS are credit instruments; viii) People acting as AGENTS refuse to honour financial remedy by their own rules such as the Bills of Exchange Act; ix) We, the people have been turned from living creditors and equal shareholders into STRAWMAN SECURED PARTY DEBTORs; x) The CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA was ‘re- venued’ and PUBLISHED in 1996 without informing the people of the legal consequences; xi) SOCIAL INSURANCE was ’re-venued’ by 2004;

4 xii) SOUTH AFRICAN REVENUE SERVICES was finally ‘re-venued’ in 2009 hence REVENUE STAMP has now fallen away ab 2009; xiii) The major RSA BANKS are the ‘MANAGERS’ of this CORPORATION; xiv) The BANKS create money out of thin air using our SIGNATURES; xv) The COURT OF SOUTH AFRICA are FRANCHISES too; xvi) The COURTS ENGAGE IN COMMERCE using ORDER and WARRANT and BILL as BILLS OF EXCHANGE or negotiable instruments; xvii) Our Peace Officers and Military are led to believe that RSA xviii) The COURT and JUSTICE and BANK and SHERIFF and LAW ENFORCEMENT all work hand-in-hand and cannot be separated as within this structure syndicated piracy and barratry against the people is rife; xix) These FRANCHISEs has been operating under ADMIRALTY revolving bankruptcy law Since the Insolvency Act of 1917; xx) We, the living souls are held hostage as the collateral, surety and human capital in this encroaching global corporate assimilation of our very souls; xxi) To ensure this, the government is enforcing birth certificates on we, the people; right now, anyone who refuses to ‘register’ their child is threatened with removal of their ancestor/offspring, again using semantic deceit; xxii) All contracts are based upon a fraudulent contract called the BIRTH CERTIFIATE which was ‘re-venued’ as a FRANCHISE and ASSET of RSA INC. on the stock exchanges; xxiii) We, as living souls are being re-venued and press-ganged from living jurisdiction into the fiction law of the sea through the use of semantic deceit; xxiv) Voting fraud is rampant as we are not informed of the legal consequences of voting and the INDEPENDENT ELECTORAL COMMISSION has since 2014 removed the right to remove one’s LEGAL FICTION from the VOTERS ROLL; xxv) The same global elite who control our money supply control and own the media, education, sciences, military, everything and fomenting a plot to instigate WW III and thereby destroy the very fabric of society; xxvi) Our very own people acting in positions of power are co-conspirators, either knowingly or un-knowingly; however, once noticed there is no more plausible deniability by anyone who has been educated from here on forth;

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xxvii) Mankind is easily susceptible to propaganda and conditioning and in this way is being dumbed down to believe the lies so as to deceitfully abrogate all their rights; xxviii) All herein creates an illusion of consent; xxix) We say that we do not consent to any of it; xxx) The actions of the people acting as AGENT is tantamount to slavery and must be averted at all costs; we are in a state of emergency; xxxi) We, the people hereby expressly declare that we did not and do not consent to any of this and therefore declare it to be null and void, nun pro tunc, ab initio; Notice: xxxii) Therefore, by the Law of Liberty and under the law of necessity, We are holding the Justices of the Constitutional Court and the Judicial Services Committee accountable as peers and as the people holding the power to assist us in the changes by the terms as set out herein; xxxiii) To bring about the peaceful positive changes as set out herein; xxxiv) Accordingly, we, the people hereby declare that all people acting as agents for the herein-named fictions are now deemed bound according to: a) the chains of the original Bill of Rights as defined herein; b) the original intent of their oath of office as per herein; c) the original Republic of South Africa as defined herein; d) representative administrative action as defined herein; e) and without delay to engage in correspondence and give guidance on the herein remedies according to the herein terms;

10.] Preliminary brief of conclusions:

xxxv) Whereas thousands of people have reported their experiences and the regime getting more tyrannical by the day as more and more un-constitutional ACTs are PUBLISHED and as oil and water do not mix, so CIVIL and natural do not mix; xxxvi) Whereas all informed independent investigative journalism leads us to believe that a global attempt is being made to exterminate all natural life and law and

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natural ways as we know it; refer to the 4700 archived posts at https://giftoftruth.wordpress.com/ xxxvii) Whereas we now totally distrust the co-conspirators in what can only be described as a regime and best described in the words of Chris Fields: “We now live in a Nation where doctors destroy health, lawyers destroy justice, universities destroy knowledge, governments destroy freedom, the press destroys information, religion destroys morals, and our banks destroy the economy.” We wish to add to this: courts destroy our rights as per herein; xxxviii)As a result, we reserve the natural right to lawful rebellion as per the UDHR: https://www.un.org/en/documents/udhr/ “Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,”

11.] We say the original intent of the Reconstruction and Development Programme for Southern Africa was diverted and that in truth we have moved from a system of racial apartheid to a system of economic apartheid; however, it is still the same root system of oppression which has plagued Africa since the sea merchants set foot on the land using the law of the sea to plunder the land, the people and enslave them;

12.] We say that after five years of investigation, we can only conclude that slavery in all its manifest forms continues to this day and has now been lawfully for the reasons as stated herein and according to the annexure provided which are all posted at: https://giftotruth.wordpress.com/annexures/

13.] Declaration:

To All Whom These Presents Shall Come;

Whereas, we, the people, as representatives on the land of Southern Africa, as the ‘state’ and the ‘body’ of the ‘state’ of the original ‘Republic of South Africa’ and as to the original spirit, purport, objects and interpretation thereof, as well as to the original

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definitions, purpose and intent thereof, hereby expressly wish and declare and invoke all herein positive law by the law of necessity and by our truth as we believe it to be under the following terms:

14.] Terms: Kindly Take Notice That this is a case of first impression and that the Justiciary condone our non-compliance with the manner of filing this case onto record as well as the herein referred to Annexures as it constitutes thousands of pages and printing 25 copies of all annexures would cause harm and loss to trees which is un-ethical and we live in a technological age where it is un-necessary to do so;

15.] And, whereas electronic communications, the filing of electronic recordings and the referring to of internet links is deemed acceptable under CIVIL LAW, we therefore deem it acceptable in this case too;

16.] And, whereas it is now customary and acceptable in society and in today’s day and age for us to receive and send legal notices via email; so be it;

17.] And, whereas all herein-made statements, claims, charges and remedies are deemed to be in accordance with the spirit, purport, objects and interpretation of the original Bill of Rights, largely written by Kader Asmal and Albie Sachs; the first draft named the “Declaration Of the Rights of Man”, hereinafter ‘the DORM’, which we deem to be the true bill and stands at the centre stage of the original intent of a republican form of government; for definitions of words used herein, refer to the rule of law: 1.2015.10 - Nomocracy ver II - UZA posted at https://giftoftruth.wordpress.com/annexures/ https://giftotruth.wordpress.com/annexures/

18.] Whereas we expressly wish to invite the Justices and all parties of interest who have received an UZA Invitation to participate in the reconciliation process with the herein wished terms in mind at all times and for the Justices to contribute their wealth of knowledge in this matter for the greater good and in the interest of justice, equality, freedom and peace;

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19.] And, whereas this action is taken by we, the people at the law of necessity and by representative real action as well as mixed action of we, the informed people in order to find remedy for ALL people on the land, as a matter of urgency to maintain peace and order;

20.] And, whereas this dispute is to be settled at trial by jury before a court of record and before an International Tribunal as peers and sovereigns with an International Chief Justice as arbitrator;

21.] And, whereas each people as party to the action is deemed to have waivered right to ‘recognition as a person’ as all are equal before Natural Law and legal fictions do not exist at natural law: they are merely creatures of the mind;

22.] And, whereas the lex loci is the un-enacted law of the land;

23.] And, whereas the law of the land constitutes already established principles, ancient custom, ancient maxims, precedents and canons of judicial ethics at living jurisdiction unless proven otherwise;

24.] And, whereas the law of the case is natural law and natural justice;

25.] And, whereas at natural justice recognises no hierarchy;

26.] And, whereas natural law recognises no man-made rules which are not law;

27.] And, whereas each people is deemed equal before the natural rule of law;

28.] And, whereas we are all deemed equally accountable for our actions and inactions in this matter;

29.] And, whereas we now deem Justices and the Judiciary bound as oathed public servants with the chains of the DORM and our already established natural rights;

30.] And, whereas in the words of Thomas Jefferson:

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“The two enemies of the people are criminals and government, so let’s tie the second down with the chains of the Constitution so that the second does not become a legalized version of the first.”

31.] JUS NATURALE EST QUOD APUD HOMINES EANDEM HABET POTENTIAM. Natural right is that which has the same force among all mankind. 7 Coke, 12.

And Whereas,

32.] in terms of the golden rule: "All things whatsoever ye would that men should do to you, do ye even so to them." ~ Matthew 7:12

33.] natural law and natural justice is a superior jurisdiction and natural law courts of record are superior courts in ALL disputes between living people;

34.] we, the people as living parties of interest aka the settlors and living heirs to the asset, the earth, granted to us in trust by our Creator and is therefore our natural birthright;

35.] our Notice of Understanding and Claim of Right and Intent dated 2013.11.05 was filed on record with the Constitutional Court of South Africa;

36.] we act as living souls act with unlimited liability to contract;

37.] the needs of the “poorest of the poor” are taken care of first and that no people get left out;

38.] all definitions for words used herein are to be referred to in: BLACK'S LAW DICTIONARY - Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern By HENRY CAMPBELL BLACK, M. A. Author of Treatises on Judgments, Tax Titles, Intoxicating Liquors, Bankruptcy, Mortgages, Constitutional Law, Interpretation of Laws, Rescission and Cancellation of Contracts, Etc. REVISED FOURTH EDITION BY THE PUBLISHER'S EDITORIAL STAFF ST. PAUL, MINN. WEST PUBLISHING CO. 1968 COPYRIGHT © 1891, 1910, 1933, 1951, 1957 WEST PUBLISHING COMPANY

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COPYRIGHT 0 1968 By WEST PUBLISHING CO. - Black's Law Dictionary 4th Ed. Rev. 6-1971

39.] All errors and unknowing omissions be accepted;

40.] Falsa orthographia, sive falsa grammatica, non vitiate concessionem. Neither faulty spelling nor faulty grammar will vitiate a grant or a wish. Neither false Latin nor false English will make a deed void when the intent of the parties plainly appears as per the Plain Language Movement;

41.] there is more to follow up to and until a day before the matter is heard according to the herein terms;

42.] all herein peaceful positive action and remedy is to the real public interest and in the interest of the safety, peace and integrity of society as a whole;

43.] we reserve the natural right to self-defence of our Republic as a last resort to lawful rebellion against tyranny and oppression;

44.] And, we say that our ‘yes’ is our ‘yes’ and that our ‘no’ is our ‘no’;

45.] so it is. so be it. it is done.

46.] Natural Law: 47.] Refer to the following annexures in support of our herein-made claims and terms and posted under the heading Natural Law at: http://giftoftruth.wordpress.com/annexures/ 48.] 2.Annexure - Natural Law - ITNJ

49.] 3.Annexure - The Rule of law

50.] 4.Annexure - Natural common-law bt

51.] 5.Annexure - Natural Law expressed in faith

52.] 6.Annexure - The Golden Rule in every land and faith

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53.] 7.Annexure - The Nature of Law - Roderick T. Long

54.] 8. Annexure - Legislative Activism Judicial Activism and the decline of Private Sovereignty

55.] Further links to Natural Law, Natural Justice and Natural Rights:

56.] http://www.itnj.org/knowledge-base/resources/itnj-peoples-law-library/natural-law-2/

57.] http://oll.libertyfund.org/groups/102

58.] Interim Proposed Remedies:

Kindly Take Notice that a final draught of the Interim Proposed Remedies to be finalized once the International Tribunal for Natural Justice and the jury have: a) accepted our case and heard our grievances; b) and, hopefully with a response from the Constitutional Court Justices: c) and, hopefully a response from the Judicial Services Commission; d) given guidance and wisdom and perspective on the matter; e) conferred and made a final ruling on acceptable remedies; f) conferred and made a final ruling on acceptable administrative action; g) give possible guidance on additional remedies would be at International Law and at Natural Law in regard to this matter; h) In the meantime, leading up to the ITNJ hearing we are affording as many of ‘we, the people’ as possible, as the circumstances allow, the opportunity to contribute and add to, or change already proposed remedies or to suggest new remedies as this is by the people, for the people and of the people; i) Referendum: to educate and inform the masses from date of implementation for one (1) year and one (1) day in which day a national referendum will be held; j) Implementation: that the proposed date of implementation of the aforementioned be declared and commence on the 28th of January 2015 at 10H00 in the Constitutional Court of South Africa, 11 Kotze Street, Hillbrow, Constitutional Hill, , on the land of Southern Africa as a matter of express urgency;

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k) And that the Justices of the Constitutional Court and the Justices of the Judicial Services Committee be summoned to appear at International Law and to be present at 10H00 to either formally re-oath themselves to we, the people and as per the herein; or, waiver their right and vacate office as the Constitutional Court is held in trust to we, the people, the rightful heirs of the original Constitution; l) Remaining Justices will give guidance on who to re-instate, failing which we, the people will declare Interim Justices from amongst honourable Hereditary Elders with the guidance and endorsement of ITNJ; m) Implementation of Interim Proposed Remedies to commence from there on; updated versions posted at: http://giftoftruth.wordpress.com/annexures/

59.] Kindly Take Notice That by declaration of the afore-mentioned real rights, the herein dispute has now been deemed to be transferred for good cause and filed on record with the International Tribunal for Natural for judicial review at International Law to give guidance on and to affirm remedy for and or relief of the following:

a) red ink reaffirmation of solemn oath/affirmation of our public servants to the DORM and the original Republic of South Africa and human rights enshrined therein; b) redress of substantive rights; c) redress of substantive claims; d) redress of the original Republic of South Africa as a lawful Trust; e) we recommend a common-law express trust named ‘Southern Africa Trust’ f) redress of the original Bill of Rights at centre stage of d); g) settlement of a uniform lien; h) moratorium on all foreclosures, evictions and ‘debt’ claims levelled at natural ‘citizens’; i) full settlement, discharge and closure re-purpose j) healing the divisions of the past in a truth and reconciliation commission; k) redress and return of confiscated private property and land claims; l) any further claims brought before UZA people’s courts, forums and tribunals from here on forth: endorsed by a properly recorded Southern Africa Chapter of the committee in support of the International Tribunal for Natural Justice;

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National Gazette: m) Declaration of a Southern Africa National Public Gazette; n) Can also be in the form of a National Newspaper by the people o) Bills passes and recorded as Sovereign Bills To Gazette and Implementation of ITNJ endorsed sovereign bills issued by people’s courts, forums and tribunals gazette as Via; p) Moratorium on commercial debt on ‘citizen’; q) Settlement of foreclosure and debt; r) Immediate relief to the “poorest of the poor;” s) Truth & Reconciliation Commission; t) Full audit on the collateral real public common wealth of we, the people; u) Re-venue of assets Rehabilitation: v) people’s projects; w) using positive economics to return the power of the banks in the hands of the people: diversify into people’s banks, savings and credit unions, co- operatives, associations; x) Social and environmental rehabilitation;

60.] And, that the preliminary remedies and sovereign bills to be passed which is already being held to referendum for the people, by the people will close for any further amendments or considerations on the 18th of January, 2016;

61.] And, that once judgement has been made, to proceed with the implementation of the remedies;

62.] And, that the final judgement will be lawfully binding at International Law on those acting as public servants;

63.] as well as the proposed extra-ordinary remedies which will be filed onto record a day before the ITNJ trial; the end of Interim Proposed Remedies;

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64.] In Limine:

65.] UZA – people’s curts, forums and tribunals: Be Pleased to take Notice that this Affidavit is issued by Unified Common-law Grand Jury of Southern Africa, aka Unified Grand Jury ZA, hereinafter UZA, a superior court of record where the law of the case is common law, customary law, natural law and living jurisdictions and in full accordance with the spirit, purport, objects and interpretation of the original Bill of Rights aptly named: “Declaration of the Rights of Man” by Albie Sachs, hereinafter ‘the DORM’, which we deem to be the “True” Bill at the law of the land; refer to https://giftoftruth.wordpress.com/uza/

66.] And whereas, UZA the first people’s courts, forums and tribunals needs no introduction as in Unified Common Law Grand Jury of Southern Africa v. CONSTITUTIONAL COURT OF SOUTH AFRICA - CCT 19/14; 67.] And whereas we have an on-going un-resolved dispute in our commom-law case number: 2103/06/S11; refer to 1.2015.10 - Nomocracy ver II - UZA on our rule of law at http://giftoftruth.wordpress.com/annexures/

68.] Maxim: “The law does not protect him who slumbers on his rights.”

69.] We say that we have been inviting the Courts of Southern Africa to participate in and to develop ss. 39 of the DORM and to develop the living jurisdictions recognised therein in order to find remedy against people acting as agents of a global corporate and federal system, operating from a foreign jurisdiction and masquerading as lawful government on our land;

70.] We say that we, the people now have a serious matter on our hands and therefore wish to remind the Justices of their oath to be faithful to the original Republic of South Africa and to protect the original Constitution and the human rights entrenched in it as per Schedule 2: Oath or solemn affirmation 6. (1) Each judge or acting judge, before the Chief Justice or another judge designated by the Chief Justice, must swear or affirm as follows: I, A.B., swear/solemnly affirm that, as a Judge of the Constitutional Court/Supreme Court of Appeal/High Court/E.F. Court, I will be faithful to the Republic of South Africa,

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will uphold and protect the Constitution and the human rights entrenched in it, and will administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the law. (In the case of an oath: So help me God.)

71.] We say that the Justices of the original Constitutional Court of South Africa are oathed to the Republic of South Africa as per the definitions of a Republic from Black’s Law 4th Edition; also refer to 1.2015.09 Annexure – Nomocracy at: https://giftoftruth.wordpress.com/annexures/

72.] We say that we have reason to believe from our experiences with the that the acting Justices either: a) believe they are above the rule of law; or b) are mistakenly oathed to corporate REPUBLIC OF SOUTH AFRICA, SOUTH AFRICA or any of its FRANCHISES; or c) are in fact oathed to the Republic of South Africa, but failing in their duties;

73.] Unlawful dismissals by Courts of South Africa: 74.] Charges of civil fraud were laid against Standard Bank (case number 34355/2012) in the Johannesburg High Court. We were not party to this case, but it was a representative action of we, the people nonetheless and the charges included: a) Five counts of misrepresentation b) Five counts of fraud c) Three breaches/contraventions of the Bank Act 75.] http://www.newera.org.za/should-sa-banksters-be-put-in-jail/

76.] Also in High Court by representative action of we, the people in the New-Era v STANDARD BANK LIMITED case no: 34355/2012: http://www.newera.org.za/standard-bank-up-for-fraud/

77.] CASE NO: 13340/2011 IN THE SOUTH GAUTENG HIGH COURT, JOHANNESBURG DATE: 03/08/2011; In the matter between: THE STANDARD BANK OF SOUTH AFRICA LIMITED v TELLINGER, MICHAEL JULIUS

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78.] By Scott Cundill on March 14, 2012: Earlier today, we received the sad news that Michael Tellinger was not successful in his leave to appeal, and has not been granted a trial. We as the NPO looked forward to hearing the reasoning behind the judge’s decision. However, some alarmed NewERA Members, who were present at the hearing, have brought some serious concerns to our attention. We attach an example of such concern below. 79.] “To the team at The New Economic Rights Alliance I have been following Michael Tellinger in his case and have attended all his hearings thus far and was utterly shocked today by what I witnessed. Firstly, I found it strange that the same judge to whom the appeal was directed, was the self- same judge adjudicating the hearing today. Another lawyer attending the hearing, who I will not name, attested that it is common practice in law. I find this scary, because how is it possible that a fair decision be made by a judge to whom the appeal is directed? And where does that leave the rest of us in similar situations if this sets a precedent?

80.] The travesty of justice doesn’t end there. What was more shocking was the actual judgement and how it was delivered. After (in my opinion) half listening to Michaels leave to appeal which was extremely comprehensive in raising serious constitutional infringements against lay persons by banks, the judge in question totally dismissed Michael in a rude way without qualifying his judgement and not taking into consideration Tellinger’s argument presented today at all. In fact, judgement was passed within moments at the end of the hearing, after Michael dispensed with a heavily detailed document which he read out earlier warranting proper dissection, with what seemed to be a wave of the hand. 81.] My question is: where does this seemingly abhorrent treatment of Michael’s rights to be heard accordingly and fairly leave the rest of us pursuing fair and lawful consideration? He was mocked by both the opposing council and the judge, for doing what is in my opinion an extremely brave act of trying to open the door to real transparency in how our rights are disregarded by these profiteering corporations And to top it off, as opposing council left the court entering the lift down to the lobby, I heard one of the party say in a patronising tone, loud enough for a couple of us to hear, “One down…” Shirree Leone”

82.] Mr Tellinger’s argument seems to be thorough and comprehensive. If it was ignored so recklessly, do we have a duty to ask why? http://www.newera.org.za/important- update-regarding-michael-tellinger-case/ We say that during our 30 or so court appearances, we have been laughed at, jeered, sneered at, lied to, cheated, defrauded by all the highlighted definitions which are applicable in this matter; refer to 9.Annexure – Fraud in Contract Definitions at http://giftoftruth.wordpress.com/annexures/

83.] A Judge should have two salts: the salt of wisdom lest he be insipid; and the salt of conscience, lest he be devilish.

84.] We say that in addition, some of the people of Southern Africa discovered the following information from the 25th of December 2012 leading up to our Constitutional Court filings; along with 410 million others from around the world;

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85.] ONE PEOPLE'S PUBLIC TRUST Filings:

86.] Has the ENTIRE FINANCIAL SYSTEM ALREADY BEEN FORECLOSED? We wish to determine this once and for all in our case:

87.] We say that we have reason to believe that the UCC Filings made during the course of 2011 & 2012, and announced to the world on the 25th of December, 2012, by the Trustees of the ‘One People’s Public Trust’ has foreclosed all illegal and unlawful corporate governments and banks worldwide via the UCC process. http://i- uv.com/oppt-absolute/oppt-tools/the-foreclosure-flyer/

88.] Initial Investigations:

89.] The ‘Paradigm Report’ came about as a result of many years of research and investigation into the globalized practice of using private money (the labor money for the world’s citizens, collected through taxes, bank fees, fines and a multitude of other methods) to fund the growth of the global banking system that is controlled by a handful of transnational elite families and groups.

ttp://i-uv.com/oppt-absolute/oppt-initial-investigation/ 90.] Excerpts from ‘The Paradigm Report’: [From page 15]

91.] PRELIMINARY CONCLUSION OF INVESTIGATION, TESTING AND FINDINGS: i. The judicial house (system) is corrupt through its elite and privileged mentality and profit making, ordered, fostered and encouraged by the private banking system, filtered and maintained by the bar. ii. Law enforcement is an order taker, and generally speaking, they turn a blind eye to the crimes their “superiors” are committing. Law enforcement is not corrupt in general terms, and they see what is happening, they just need support, and orders, to re-ignite their stamina and courage to enforce true justice.

92.] The final report from the investigation is to be found here: 93.] http://www.scribd.com/doc/118067922/PARADIGM-DOCUMENT-FROM-THE- TREASURY-FINANCE-AG-INDUSTRIESTRASSE-21-CH-6055ALPNACH-DORF- SWITZERLANDOPPT 94.] Excerpts: “The investigation was carried out over two years by a small group of international banking attorneys who discovered some anomalies within the mortgage industry and began to look into the history, practices and consequences of the fraud, not just locally, but globally and the impact this unchecked activity had wrought on all people on earth.”

95.] “The results of the investigation were clear, conclusive and in fact, frightening: The global judicial system is corrupt, and supported and encouraged by the private banking system; and the global ‘law enforcement’ system has developed the habit of turning a ‘blind eye’ to the actions of corporate criminals due to lack of clear direction, proper ‘orders’ and relevant support.”

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96.] 10.Annexure - What were the OPPT Filings

97.] 11.World Bank Insider Blows Whistle

98.] 12.OPPT Press Release 2013.02.04

99.] 13.OFFICIAL ANNOUNCEMENT - The Disclosure 2013.01.15

100.] 14.OFFICIAL ANNOUNCEMENT 2012.12.25

101.] 13.OFFICIAL ANNOUNCEMENT - The Disclosure 2013.01.15

102.] Founding Documents:

103.] 15.132435389-Universal-Value-UV-ExchangeFinal-Announcement-1121

104.] 16.132122980-I-and-the-UV-Exchange

105.] 17.131115191-UCC-Eternal-Essence-Filing-March-18-2013-Debt-Release

106.] 18.Annexure - What did The OPPT really do for humanity

107.] Trustee Bonds:

108.] 19.CalebSkinner

109.] 20.HeatherJarraf

110.] 21.RandallHiller

111.] Filings:

112.] 22.Doc 2013032035-Universal-Value-UV-ExchangeFinal-Announcement-1121

113.] 23.Doc 2013032035-I-and-the-UV-Exchange

114.] 24.DeclarationForOrderOfReconciliation

115.] 25.CVACGovernment

116.] 26.ContractForCVACBranch

117.] 27.CoCustodian

118.] 28.Appointment (1)

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119.] Orders:

120.] 29.ORDER OF TERMINATION

121.] 30.ORDER OF SUSPENSION

122.] 31.ORDER OF FINDING & ACTION 2

123.] 32.ORDER OF FINDING & ACTION 1

124.] 33.ORDER OF AUDIT

125.] 34.DECLARATION AND ORDER

126.] We say that we have reason to believe that the UCC filings, have rightfully restored Our Sovereignty, and Our Rights given to us by Our Creator, The Supreme Authority, and giver of Our Life, Liberty, and the Right to Pursue Happiness; acting with Personal Responsibility, Accountability, Love and Transparency, according to Natural Laws, Universal Laws and UCC Laws, and all those acting to FORCE Us to co-operate with the now foreclosed corporations running private monetary systems, are now Privately liable for their actions of subversion, before their Creator and the real people as peers as per the herein by the law of nations and the land.

127.] Statement of Facts regarding UZA actions:

128.] On the 25th of June 2013 we filed the following: 129.] NOTICE - EMERGENCY AND FINAL PUBLIC RESPONSE DEMAND AND DEMAND OF INVESTIGATION INTO CRIMES OF STATE/CORPORATIONS AND DEMAND TO IMPARTIAL REVIEW AND INVESTIGATION;

130.] And, a Notice of Understanding and Claim of Right & Intent; find an updated 131.] 35. 2015.08.27 Declaration - Notice of Understanding at http://giftoftruth.wordpress.com/annexures/

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132.] And a Declaration of Peace as we believe that we, the people are deemed to be enemies in the field by the courts according to the Trading with the Enemy Act of 1916;

133.] On the 25th of July 2013, we convened a hearing and re-established International common-law in accordance with ss. 39 – Interpretation of the Bill of Rights and invited the Constitutional Court Justices, hereinafter Justices, to participate and to respond; The Justices waivered their right by nihil dicit and their silence is proof of unjust action, tacit procurement and acquiescence to quiet title regarding the herein matter;

134.] Additionally, we requested on every occasion for Martie Stander, the then Registrar of the Constitutional Court of South Africa, to confirm that she also emailed all the Justices of the Constitutional Court which she affirmed each time we filed our documentation on all three occasions dated 2013.06.24 and 2013.11.05 as well as during February of 2014 and before witnesses at every occasion;

135.] We say that the Motu Proprio of Pope Francis (2013.07.11) was filed with the Constitutional Court of South Africa on the 31st of July 2013; We say that according to our comprehension of language Pope Francis issued an Apostolic Letter on July 11 and effective as of September 1, 2013 has effectively stripped away the immunity of all judges, attorneys, government officials and all entities established under the Roman Curia; refer to 36.Annexure - Motu Proprio issued by Franscis at http://giftoftruth.wordpress.com/annexures/

136.] We say that the significance of the aforementioned is that ALL employees of corporations, all of which are established under the Roman Curia, are no longer immune. As a result, ALL employees of courts, governments, law enforcement, banks, collection agents, SARS, SARB, etc., as of September 1st, 2013, can and may be held accountable for crimes as named herein;

137.] We say that in accordance with ss. 32, 33 and 34 of the DORM we have the right to ask questions and to have our questions answered before an independent tribunal if we feel that justice has not been served, especially when there is clear irrefutable

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proof of fraud, theft, embezzlement and criminal activity aimed at doing harm or causing loss to All People, the earth and which is threatening the very existence of mankind; find at least 4 000 posts in support of this claim in the archives at: https://giftoftruth.wordpress.com

138.] We say that on the 25th of July, 2013, we declared International natural law and all living jurisdictions such as common-law, customary law, natural law, tribal law and oral tradition as formally re-established on Constitutional Hill, Johannesburg, South Africa at 12H00 in the presence of 18 witnesses.

139.] We say that on 2015.08.19 we served the Motu Proprio issued by Pope Francis on 2015.07.11 Notice on the Constitutional Court of South Africa; Francis issued an Apostolic Letter on July 11 and effective September 1, 2013 that effectively stripped away the immunity of all judges, attorneys, government officials and all entities established under the Roman Curia [hint: All corporations are established under the Roman Curia]. All of these "persons" can now be held accountable for war crimes, crimes against humanity, [hint: Divine Spirit is humanity], for the unlawful restrictions of the liberties of the divine spirit incarnate; for failure to settle the accounts; for continued prosecution of claims already settled, etc. 140.] http://www.vatican.va/holy_father/francesco/motu_proprio/documents/papa- francesco-motu-proprio_20130711_organi-giudiziari_en.html

141.] We say that we invited the Justices to re-oath themselves to we, the people and they responded by nihil dicit which created an empowering provision for sovereign administrative action and to take said administrative action which by definition is a common-law rule made by a natural ‘person’ which we declare to mean ‘natural people’;

142.] We say that on the 2nd of September 2013 we had a public hearing on Constitutional Hill where we invited Justices to engage in dialogue; they said nihil dicit and we proceeded without them;

143.] We say that on the 5th of November 2013 after having received tacit procurement we filed a lien by Waiver of Tort and a Notice of Understanding & Claim of Right and

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Intent on behalf of every people as entitlement holder to the STRAWMAN EXEMPTION TRUST created by people acting as agents of the REPUBLIC OF SOUTH AFRICA and its CORPORATE FRANCHISES; [refer to documents at https://giftoftruth.wordpress.com/constitutional-court/ ]

144.] We say that people starting requesting our assistance in foreclosure cases against the banks, mostly in the Western Cape High Court, Cape Town; as a result, the Unified Common-law Grand Jury of Southern Africa, hereinafter UZA was decreed on the 10th of November, 2013; born out of the law of necessity for people’s courts, forums and tribunal in full accordance with the natural law of self-defence and ss. 32, 33 and 34 of the DORM; the courts, banks and their attorneys are all familiar with our court of record seal; refer to https://giftoftruth.wordpress.com/uza/

145.] People in support of our actions:

146.] We say that thus far, 536 people consented to our action by making a vote of no confidence in the current system of governance as posted at: https://docs.google.com/spreadsheets/d/19xkSNmNzpv72y2L6rEDtbgn5Cgf- vOjz1xO6eqRlkzQ/edit?pli=1#gid=0

147.] In addition, we have over 8 000 wet ink autographs of people who made a vote of no confidence in the current system from 2013;

148.] We say that in addition we have received over 30 bills of plaint in foreclosure and finance related cases and more coming in; we will submit a complete list by the ITNJ court hearing date: 149.] https://docs.google.com/spreadsheet/ccc?key=0ApkMxVEVkPv4dG1kOXMzWE90V 1BoY0FyWTM5M3JIdVE&usp=drive_web#gid=0

150.] Constitutional Court Cases CASE NO: CCT 06/14 and CASE NO: CCT 19/14: 151.] We say that we transferred our foreclosure cases to the Constitutional Court of South Africa; in Unified Common-law Grand Jury of Southern Africa v. CONSTITUTIONAL COURT OF SOUTH AFRICA (CCT 19/14) we repeated our call for an independent tribunal to review our case will full participation of we, the people and any living parties of interest in full accordance with ss. 32, 33 and 34 of the

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DORM as the supreme law of the land; both cases were dismissed without any explanation whatsoever; Case No: 19/14 the Court dismissed ‘as it bears no prospect of success’ with no costs as we offered to A4V the court order;

152.] We say that we served a writ of error on the Constitutional Court in both cases and the CCT 06/14 court order was Accepted For Value as per the Bills of Exchange Act; an error not resisted is approved; as a result, we deem the matter un-finished as there is no statute of limitations on fraud and deceit;

153.] Constitutional Court Cases CASE NO: CCT 218/14: 154.] We say that the people of Manenberg on the Cape Flats are a mixed descent of the First People on the land before the colonial merchants unlawfully annexed the Cape; our current government still uses the discriminatory term ‘coloureds’ and refuse to recognise their status; 155.] We say that the community of Manenberg had spent years creating a sustainable centre with conferencing facilities, workshop space, stables and rescue horses, veggie garden, public facilities albeit from corrugated materials, it was beautiful nonetheless; they had arranged some land from CONSL GLASS HOLDINGS who claimed to own the land; after years of negotiations, CONSOL agents proceeded with evictions, claiming they had created a trust and that the buildings were un- sound and needed to be demolished;

156.] We say that we transferred this matter for good cause to the Constitutional Court again and again received the same results;

157.] North Gauteng High Court Case: CASE NO: 15/2340: 158.] We say that our own community inhabiting the land of Hennopsriver ceased payment to STANDARD BANK LIMITED on condition they answer our concerns; the then CEO, Joop Dekker personally threatened us with seizure of our land to which we responded by sending him an amnesty notice; he subsequently resigned; 159.] During November of 2014, agents of STANDARD BANK send notices and demands again and finally served summons on us 2015.01.14; The long and the short was that the case was abandoned and removed from the roll during motion proceedings

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as we did not consent to the subject-matter-jurisdiction and had even procedurally set the BANKs attorneys down;

160.] We say that we had a good chance to set precedent as our evidence is now irrefutable hence the matter was abandoned; even the court refused to respond, as is usual in our experience; we were denied the right to justice;

161.] Jurisdiction is a power introduced for the public good, on account of the necessity of dispensing justice;

162.] The following is posted at: https://giftoftruth.wordpress.com/banksters/

163.] Urgent Private Public Notice to we, the people of Southern Africa:

164.] Without any prejudice, a cease and desist orders have been served on people ACTING as CEOs of the major RSA Banks, FSPs and Cash Confiscatory Agencies: 37.2015.10.01 FSP Cease & Desist Order

165.] People in areas such as Cosmos City, just north of Randburg in Johannesburg are burning tyres in the roads and blockading the roads to keep out unlawful agents;

166.] The situation is now untenable and we have taken it under onerous title to wish for and call the major players into negotiations or face the consequences at the law of nations; we, the people will be bullied and threatened no more;

167.] "The powers of financial capitalism had another far reaching aim, nothing less than to create a world system of financial control in private hands able to dominate the political system of each country and the economy of the world as a whole.

168.] This system was to be controlled in a feudalistic fashion by the central banks of the world acting in concert, by secret agreements, arrived at in frequent private meetings and conferences.

169.] The apex of the system was the Bank for International Settlements in Basle, Switzerland, a private bank owned and controlled by the worlds' central banks which were themselves private corporations.

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170.] The growth of financial capitalism made possible a centralization of world economic control and use of this power for the direct benefit of financiers and the indirect injury of all other economic groups." [Professor Carol Quigley (Bill Clinton's mentor) - Tragedy and Hope – A history of the world in our time]

171.] Introduction:

172.] Over the last 5 years we, the people of South Africa have been investigating the massive bankster fraud and man-made poverty fomented upon we, the people.

173.] Here are two South Africa related and hot off the press for starters:

174.] http://www.fin24.com/Economy/SA-tops-US-France-on-Swiss-hidden-cash-report- 20151001

175.] http://www.fin24.com/Companies/Financial-Services/HSBC-tries-to-stop-naming-of- SA-rich-in-scandal-20150215

176.] As Justin from Stillness in the Storm blog says: Make no mistake about it. The tide has turned on the global elite and there will be no going back. A new day is rising for humanity as those who have planned for complete control are now being exposed, cornered and investigated from many different angles. There is no need to buy into the fear-based propaganda the major media and even several alternative media outlets dispense. Very good things are happening and even better things are coming.

177.] Let’s take a look at some of the major stories that have occurred in the last few months. Piecing the puzzle together, we see that the jig is up and the events surrounding it are growing in size and speed. http://sitsshow.blogspot.co.za/2015/10/39-signs-global-elite-ship-is-about- to.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed:+Stillne ssInTheStormBlog+(Stillness+in+the+Storm+Blog)

178.] Dope, Inc:

179.] The Crown’s Rage Against LaRouche - Since no later than the 1978 publication of the first edition of Dope, Inc., the British royal family and its entire intelligence and courtier apparatus has been on a rampage against Lyndon LaRouche, the founder

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and contributing editor of EIR, and the man who commissioned the Dope, Inc. dossier in the first place. 180.] http://rielpolitik.com/2015/10/04/londons-dope-inc-british-drug-empire/

181.] The truth is out: money is just an IOU:

182.] Source: http://ift.tt/1hvx2yK

183.] This is transparency in its finest moment in the financial world and in the eyes of the general public: Money is just an IOU. The following is an article by The Guardian News Paper. This is a revelation of epic proportions coming directly from WITHIN the banking industry, from the Bank of England itself. Of course, this isn’t the “whole” truth, and really it is just barely scratching the surface, BUT it is a huge piece of the puzzle.

184.] The Bank of England’s dose of honesty throws the theoretical basis for austerity out the window.

185.] 38.2014.03.19 The Truth is out - Money is just an IOU

186.] Money creation in the modern economy: b. This article explains how the majority of money in the modern economy is created by commercial banks making loans. c. Money creation in practice differs from some popular misconceptions — banks do not act simply as intermediaries, lending out deposits that savers place with them, and nor do they ‘multiply up’ central bank money to create new loans and deposits. d. The amount of money created in the economy ultimately depends on the monetary policy of the central bank. In normal times, this is carried out by setting interest rates. The central bank can also affect the amount of money directly through purchasing assets or ‘quantitative easing’. 187.] 39.Money Creation in the Modern Economy

188.] Here is a great presentation based on research on the above:

189.] Fountain Pen Money – Free Speech Australia

190.] https://www.youtube.com/watch?v=-_If31KLDKA&feature=youtu.be

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191.] The Latest on Banking Fraud in South Africa:

192.] There are 1 000s of post in our archives too: just do a word search such as "banks"; the following is all the evidence we need...

193.] http://news.acts.co.za/blog/2015/02/sa-researchers-make-startling-allegations-of- securitisation-fraud

194.] http://news.acts.co.za/blog/2015/03/calls-grow-for-class-action-suits-against-banks- over-securitisation

195.] The final proof! Thanks to Ciaryn from acts.online.co.za and Ash Davenport:

196.] 40.The final proof 5 out of 5 securitization audits

197.] Final proof from America:

198.] http://www.scribd.com/doc/281414769/McDonnell-Analytics-Final-Report-City-of- Seattle-Review-of-Mortgage-Documents-Hosted-by-KingCast-Mortgage-Movies

199.] Other substantive facts from America:

200.] The Dow Jones Industrial Average is rigged: An index is calculated on the basis of a set of shares. Every index has its own formula and the formula results in the number of points of the index. However, this set of shares changes regularly. For a new period the value is based on a different set of shares. It is very strange that these different sets of shares are represented as the same unit. In less than ten years twelve of the thirty companies (i.e. 40%) in the Dow Jones were replaced. Over a period of sixteen years, twenty companies were replaced, a figure of 67%. This meant that over a very short period we were left comparing a basket of today’s apples with a basket of yesterday’s pears. http://politicalvelcraft.org/2015/10/01/djia- hoax-america-is-far-stronger-than-rothschilds-federal-reserve-derivative-debt/

201.] http://politicalvelcraft.org/2015/09/21/eric-holders-u-s-justice-department-proclaims- big-banks-have-a-license-to-steal/

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202.] http://livinglies.wordpress.com/2015/03/25/hypocrisy-of-bank-arguments-borrowers- bound-by-psa-but-cant-challenge-it/

203.] http://awaken-longford.com/2015/03/21/one-bank-is-finally-on-trial-for-the-financial- crisis-in-the-usa/

204.] Mortgage foreclosure precedence:

205.] Set in a 1969 case of the "First National Bank of Montgomery v. Jerome Daly" by instrument of "Consideration." "And upon this revelation the court rejected the bank's claim for foreclosure and Daly kept his home"; this case was supposed to be the game-changer... the Judge lost his life for doing his job: upholding the rule of law...

206.] 41.1969 Credit River Decision

207.] How & Why Your Mortgage is Nothing More than Legal Fiction - Part 1

208.] by Adventures into Sovereignty - Researcher Ken Dost to Explain How & Why Your Mortgage is Nothing More than Legal Fiction…

209.] https://www.youtube.com/watch?v=Jh6eINf56_Y

210.] How the Banking System Works and How It's DESIGNED to COLLAPSE! by The Money GPS ~ Author Exposing the Truth

211.] https://www.youtube.com/watch?v=6C72uGjvBwk

212.] South African Reserve Bank:

213.] On 22 September, 2015 SARB was asked: Where is our gold? Where are the creditors (we, the people) gold?

214.] http://wchildblog.com/2015/09/30/central-banks-secrecy-and-silence-on-gold- storage-arrangements/

215.] 42.2015 Ubuntu petition to SARB

216.] More Educational Reads:

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217.] 43.BEFORE THE 2010 GENERAL ASSEMBLY OF THE WORLD FEDERATION OF EXCHANGES

218.] 44.Jed Rakoff - Why Have No High Level Executives Been Prosecuted In Connection With The Financial Crisis

219.] 45.Securitisation - A Conspiracy of Silence

220.] 46.The Secretive Bank of England

221.] 47.Tragedy & Hope - Prof C Quigley

222.] We say that we have now proved beyond a reasonable doubt that the banks are not acting honourably and the following substantiates our case; find posted at: https://giftoftruth.wordpress.com/legal-defence/

223.] RSA FORECLOSURES:

224.] 48.The four corners

225.] 49.Demands for Discovery

226.] 50.Court hearing responses

227.] 51.Courts by contract

228.] 52.A Must Read from one pissed off judge

229.] RSA Courts:

230.] 53.Jurisdiction of Regional Courts

231.] 54.The Rule of law

232.] 55.Court hearing responses

233.] 56.The Courts in South Africa

234.] Banks & Foreclosures:

235.] 57.2015 How credit is created

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236.] 58.Mortgageholders - the 10 most important questions to ask your bank

237.] 59.Bancorruptcy - Scott Bartle

238.] 60.Annexure - ALL BANK LOANS ARE FRAUD

239.] 61.loan_origination_mortgage_fraud_ffiec

240.] 62.loan_origination_mortgage_fraud_prevention_response_nelson

241.] 63.GHost Digest Explanation of Securitisation Circular 12

242.] 64.Banks & gov foreclosed worldwide

243.] Also refer to https://giftoftruth.wordpress.com/whistleblowers/

244.] 66.Proof of corporate gov

245.] 67.The RSA Deception - corporations

246.] 68.Scott on Bank loans

247.] RSA Foreclosure Cases:

248.] We say a big thanks to Ciaran from Acts-Online! He helped us to beat the banks:

249.] http://news.acts.co.za/blog/2015/06/ostrich-farmer-from-eastern-cape-shows-court- his-mortgage-loan-is-now-in-Taiwan

250.] http://news.acts.co.za/blog/2014/11/absa-gets-snotklapped-in-pretoria-high-court-by- womens-army

251.] http://news.acts.co.za/blog/2015/03/meet-the-man-who-tried-to-arrest-the-board-of- standard-bank

252.] The author has made an in depth investigation and here is the latest findings:

253.] http://www.moneyweb.co.za/in-depth/investigations/who-owns-your-home-loan/

254.] The following Annexures are posted at: https://giftoftruth.wordpress.com/annexures/

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255.] BANKing:

256.] 69. Annexure – Monarchies account for 40% Global debt

257.] 70.Annexure - The money Masters

258.] 71.Annexure - You are an American Debt Slave

259.] 72.Annexure - Banks Lie - Chris Field

260.] 73.Annexure - affidavit_of_walker_todd_1-20-04

261.] 74.Annexure - SA Researchers on securitization fraud

262.] MONEY/CURRENCY:

263.] 75.Annexure - What is Money

264.] 76.Annexure - Modern Money Mechanics

265.] 77.Annexure - MONEY OF ACCOUNT v. MONEY OF EXCHANGE

266.] 78.Annexure - All Debts are Pre-paid

267.] 79.Annexure - The Truth is out - Money is just an IOU

268.] 80.Annexure - MONEY Quotes

269.] Ancient precedents, customs, canons, established principles, maxims:

270.] Kindly Take Further Notice That there are already established principles from time forgotten which the people kept alive through common use which hold as much ground as any lawful court decision until shown to be wrong;

271.] The numerous works of the various European jurists at various dates from the sixteenth to the nineteenth centuries are cited to-day as authoritative statements of the law with which they deal. A modem text-book has no such authority. The rules therein expressed are merely opinions which Counsel in addressing the Court may, if

32

he pleases, incorporate in his argument, but which have no independent claim to attention, however eminent their author.

272.] The works of the older writers, on the contrary, have a weight comparable to that of the decisions of the Courts, or of the limited number of ‘books of authority’ in English Law. They are authentic statements of the law itself, and, as such, hold their ground until shown to be wrong:

273.] We say that we wish for Justices to take recognizance of the highlighted sections wherein most Justices are by our first-hand experience found to be wanting in:

274.] 81a.Annexure – CANONS OF JUDICIAL ETHICS

275.] 81b.Annexure – CODE OF PROFESSIONAL RESPONSIBILITY

276.] 82.Annexure - A Collection of Legal Maxims in Law and Equity - 1880 Peloubet

277.] 83.Annexure - Codified Canons and the Common Law of Interpretation

278.] 84.Annexure - Collection of US Supreme Court Legal Maxims

279.] We say that we wish for Attorneys, Bar Members and Lawyers to take notice of:the highlighted sections wherein most are by our first-hand experience found to be wanting in;

280.] 85.Annexure - CODE OF PROFESSIONAL RESPONSIBILITY

281.] Whereas we have very valid moral and ethical grounds upon which to revoke the power of our public servants acting in the courts based upon the aforementioned guidelines of ethics;

282.] Whereas the following maxims apply where relevant and applicable:

283.] 86.Annexure - Maxims of Common Law

284.] 87.Annexure - Maxims of CommonLaw - Jurisdictionary

285.] 88.Annexure - Maxims of Law L.H.

286.] 89.Annexure - MAXIMS OF LAWS

287.] 90.Annexure - Robert Arthur Menard - Letters to Autnorities and 600 maxims

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288.] Bible - King James Version 1611:

289.] Whereas in courts of Southern Africa we, the people are required to swear an oath or solemnly affirm on the Bible to speak the truth; in addition, public servants have sworn an oath to serve and protect the Republic of South Africa and the people and their rights;

290.] In addition, more than 50% of Southern Africa people call themselves "Christians"; common sense tells us that this is then the first place to research and see what the Spirit of the Law says regarding the Highest Order of Law which our Judiciary, BAR members an public servants have made an oath by; again, highlighted areas are for guidance, rebuke or remedy in the law:

291.] 91.Annexure – 10 Maxims of Equity – Bible KJV 1611

292.] 92.Annexure - Bible KJV - On Judges and Judgement

293.] 93.Annexure - Bible KJV - On Lawyers, Pharisees & Scribes

294.] 94.Annexure – Bible KJV – On the Law

295.] 95.Annexure – Bible KJV – On Liberty

296.] 96.Annexure – Bible KJV – On Money and Usury

297.] 97.Annexure - Bible KJV - On Truth

298.] 98.Annexure – Bible KJV – On Forgiveness

299.] We say we have the lawful right to declare a debt jubilee;

Law of the Land

300.] Charters of England:

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301.] Charters in which we hold the positive law to be lawful and valid and which had an influence on our English common-law upon which the foundations our Constitution is founded; such as the right to trial by jury:

302.] 99.1215 Magna Carta

303.] 100.1217 Charter of the Forest

304.] 101.1700 Act of Settlement

305.] 102.1628 Petition of Right

306.] 103.1679 Habeas Corpus Act

307.] 104.1689 Bill of Rights, England

308.] Other:

309.] The Rights of the British Colonies Asserted and Proved 1764

310.] http://www.itnj.org/knowledge-base/resources/itnj-peoples-law-library/magna-carta/

311.] Common-law:

312.] We say that commo-law in its purist sense is law of the land which is NOT enacted:

313.] 105.Annexure - Origins of Common Law

314.] 106.Annexure - Common-law definition - Brittanica

315.] 107.Annexure - Common Law system

316.] 108.Annexure - The Common Law and Civil Law Traditions

317.] 109.Annexure - a government of the people, by the people, for the people

318.] 110.Annexure - Blackstone in America

319.] 111.Annexure - Bill of Rights 1689 - House of commons library commentary

320.] 112.Annexure - Bills of Review and Plaint

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321.] We say that we hold all aforementioned positive common-law to be lawful and valid in this case;

LAW OF THE SEA

322.] Contracts:

323.] We say that we do not understand CIVIL LAW; however, what we do know is that the core mechanism which perpetuates the frauds described below (voluntary slavery via ignorance) is consent. Consent is a prerequisite of a Contractual Agreement (the technological basis of all modern slavery systems) manufactured by the various Governments (i.e. corporations) on Earth in an implied fashion; without our full knowledge of the actual effects of the Contract; full disclosure;

324.] This term which refers to this kind of contractual agreement is Deceptive Acts and Practices, as no one would normally agree to the Contract if all the effects were transparently revealed to us. Many people have been rediscovering this knowledge and revealing it through their work such as we have;

325.] It's all about contracts; every interaction is a contract, an agreement:

326.] 113.Annexure - Eight Contract Elements

327.] 114.Annexure - Contracts Definitions

328.] 115.Annexure - Removing suretyship by EMC

329.] 116.Annexure - 7 Demands for Discovery

330.] We say that the highlighted sections constitute what we deem to be applicable in almost every contract currently offered to we, the people by SERVICES PROVIDERS:

331.] 117.Annexure - Fraud in Contracts Definitions

332.] The ALL CAPS 'NAME':

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333.] We say that the following describes the use of semantic deceit to press-gang we, the people from the land into a foreign limited jurisdiction by bedevilling us into claiming to be the NAME when they do not disclose or acknowledge this now common fact;:

334.] 118.Annexure - Memorandum on Law of the Name

335.] 119.Annexure - Answer to the enigma of a capitilized name

336.] 120.Annexure - Capitis Diminutio Maxima

337.] 121.Annexure - 'Person' explained

338.] 122.Annexure - to be or not to be a parent

339.] 123.Annexure - What manner of person are you

340.] 124.Annexure - VESSEL NAME IN CAPS

341.] And just when we get the hang of learning about the ALL CAPs...

342.] 125.Annexure - US Navy ditches ALL CAPS

343.] The BIRTH CERTIFICATE:

344.] As Santos Bonacci so rightly says: the BIRTH CERTIFICATE was and still is the sole cause of our current enslavement: https://www.youtube.com/watch?v=5ysESwj1w10

345.] 126.Annexure - The great birth certificate scam

346.] 127.Annexure - Redeem Your Birth Certificate

347.] 128.Annexure - Why is the Guy in Jail

348.] 129.Annexure - Killing your Strawman

349.] LAW:

350.] Further explanation:

351.] 130.Annexure - The Law by Frédéric Bastiat (A. D. 1850)

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352.] 131.Annexure - COMMON LAW v. CIVIL LAW

353.] 132.Annexure - INTERNATIONAL LAW ADMIRALTY-MARITIME PROCESS ARE YOU LOST AT SEA

354.] Bills of Exchange & Promissory notes:

355.] 133.Annexure - What does A4V mean

356.] 134.Annexure - Foreclosure Defence Handbook

357.] South Africa:

358.] We say that the following proves that bills of exchange are the most commonly used form of currency; in addition, there is no ACT against the use of money of exchange yet the agents of RSA INC. are denying this fact as well as denying that the public may make use of money of exchange as a remedy; we wish to verify this before the ITNJ;

359.] 135.Annexure - INVESTIGATION INTO THE PAYMENTS SYSTEM IN SOUTH AFRICAN LAW

360.] 136.Annexure - SARB - The National Payment System in South Africa

361.] 137.Bill of Exchange Act 34 OF 1964

362.] We say that only a full forensic audit would verify our claim, yet we can see that there are already ‘service providers’ such as with E-Tolls who do not issue original bills of exchange which are contrary to the terms of the Bills of Exchange Act with regards to the proper presentment of a bill by the issuer in order to hold the holder liable;

363.] FEDERAL RESERVE:

364.] 138.Annexure - Proofs of a Conspiracy against all the governments and religions of Europe

365.] 139.Annexure - The Corporate Conception of the State

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366.] 140.Annexure - How I clobbered every Bureaucratic Cash-confiscatory Agency known to Man

367.] REPUBLIC OF SOUTH AFRICA:

368.] We say that the only declaration ever made by we, the people was the 1955 Freedom Charter and that not all the people agreed to it as some people do not recognise the name South Africa; we wish to propose a new edied version of the original;

369.] 141.Annexure – Birth of SA Bill of Rights

370.] 142.SOUTH AFRICAN BILL OF RIGHTS

371.] 143.Annexure - RSA explained by legal definition

372.] Proof that REPUBLIC OF SOUTH AFRICA is a COMPANY:

373.] 144.Annexure - US SECURITIES filing of RSA example

374.] 145.Annexure - US SEC-RSA-BANKS

375.] 146.Annexure REPUBLIC OF SOUTH AFRICA Search Results

376.] Proof of Federal Connection:

377.] 148.Annexure – DECLATATION US SEC & FSB RSA March 2, 1995

378.] 149.Annexure – UNITED STATES & SOUTH AFRICA – A Partnership for Progress

379.] Proof that we have a FEDERAL government:

380.] 150.Annexure - South Africa International Legal Citation

381.] More on the federal reserve swindle at: https://giftoftuth.wordpress.com/whistleblowers/

382.] CORPORATE REPUBLIC OF SOUTH AFRICA:

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383.] We say that a PRESIDENT is by definition a CEO of a conformed company and therefore we do not lawfully have a leader of our land; we are leaderless and there is now a vacuum; Black’s Law 4th Edition, amongst others, the definition of: PRESIDENT. One placed in authority over others; a chief officer; a presiding or managing officer; a governor, ruler, or director. The chairman, moderator, or presiding officer of a legislative or deliberative body, appointed to keep order, manage the proceedings, and govern the administrative details of their business. The chief officer of a corporation, company, board, committee, etc., generally having the main direction and administration of their concerns. Roe v. Bank of Versailles, 167 Mo. 406, 67 S.W. 303. The term does not ordinarily include "vice president." First Nat. Bank v. C. H. Meyers & Co., Tex.Civ.App., 283 S.W. 265, 266.

384.] We say that the following is an extract and highlighted from Annexure - US SEC- RSA-BANKS at https://giftoftruth.wordpress.com/annexures/ COMPANY CONFORMED NAME: REPUBLIC OF SOUTH AFRICA Listing: Luxembourg Stock Exchange Securities: Global Notes Governing Law: New York Joint Lead Managers: Barclays Capital, Citigroup Co-Managers: Nedbank Capital, Rand Merchant Bank B&D: Citigroup

385.] We say that examples provided in the afore-mentioned annexure also provides sufficient examples to substantiate that the MANAGERS of RSA (INC.) are part of federal corporations and are also the very same COMPANIES that are plundering our country as irrefutable evidence indicates as posted at: http://giftoftruth.wordpress.com/banksters/

386.] In addition, information on the global shadow cartels who are behind this is under the heading NOVUS ORDO SECLORUM - "Shadow" Government: and further information is posted at: http://giftoftruth.wordpress.com/whistleblowers/

387.] We say that as a result we question jurisdictional legitimacy of the JSC at the law of the land as they are by common deduction also a FRANCHISE by the very act of registration within a conformed company registered as REPUBLIC OF SOUTH

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AFRICA hence they are obligated to confer with the CEO thereof as mentioned above;

388.] We say that additionally, our preliminary findings clearly indicate that FRANCHISES of REPUBLIC OF SOUTH AFRICA, SOUTH AFRICA, PARLIAMENT are found, not only on the U.S. Securities and Exchange Commission, but within DEPARTMENT OF JUSTICE, NEW YORK and DEPARTMENT OF STATE and DUNN & BRADSTREET; refer to ALL annexures under the heading: CORPORATE REPUBLIC OF SOUTH AFRICA at https://giftoftruth.wordpress.com/annexures/

389.] Their entire tax history will document that they are a private, for-profit, corporation; and, this means that they engage in commercial business;

390.] Private corporations cannot represent the public. The 2013 edition of the Corpus Jurus Secundrum, CORPORATIONS section, subsection 38 – 41 – where the supreme court stated that whenever the United States (a body public corporate) engages in commercial business it abandons its sovereign capacity and is to be treated as any other corporation. They cannot engage in commercial business and still claim to be sovereign.

391.] And, this also means that they have absolutely no sovereign capacity… ab initio.

392.] And, this also means that they are not government;

393.] And, this also means that if they are not government then it means that technically they are insurrectionists and rebels claiming to be sovereign government when in fact they have no sovereignty to claim;

394.] We say that sanitized pdf text versions of all affidavits, writs, orders and notices are posted at https://giftoftruth.wordpress.com/constituional-court/, the certified originals having been served on and are on record with the Constitutional Court of South Africa;

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395.] We say that only a full investigation by an independent impartial commission with an oversight committee of we, the people could possibly determine the depth of the deception; we say that we have been wishing for an investigation since June, 2013;

396.] The Funadamental Right to Just Administrative Action: 397.] We say that even by the LAW MERCHANT ROMAN-DUTCH CIVIL law, we have the right to just administrative action; the following relevant extracts is for guidelines only and at no point to be construed a grant of jurisdiction in this dispute; modern text is for reference only and has no lawful authority at natural jurisdiction; excerpts from

398.] THE FUNDAMENTAL RIGHT TO JUST ADMINISTRATIVE ACTION: JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN THE DEMOCRATIC SOUTH AFRICA A thesis submitted in fulfilment of the requirements of the degree of DOCTOR OF PHILOSOPHY of RHODES UNIVERSITY by CLIVE PLASKET June 2002:

399.] ABSTRACT “For most of its existence South African administrative law has been shaped by the doctrine of parliamentary sovereignty – the heart of the constitutional order from 1910 to 1994 – and a racist political system that favoured the white minority at the expense of the black majority. In these circumstances, the rules of administrative law were of limited use in protecting the individual from exercises of administrative power that infringed fundamental human rights, often on a grand scale.”

400.] “On 27 April 1994, however, a new political and constitutional order came into existence that swept away the very foundations of the old order: parliamentary sovereignty was replaced by constitutional supremacy and the racial exclusivity of the old order was replaced by a commitment to equality, freedom and dignity in a democratic state.”

401.] “A justiciable Bill of Rights was at centre stage in this new order. That Bill of Rights includes a fundamental right to just administrative action. It is both the new constitutional order and this rather unusual fundamental right that have changed the nature of South African administrative law. This thesis examines the effect of the fundamental right to just administrative action on the law and practice of the judicial review of administrative action. 402.] It does so principally by examining the legal position before and after 27 April 1994 with particular reference to: what is meant by administrative action; the exercise of administrative power by private bodies regulated by the rules of administrative law, on the one hand, and exercises of private power regulated by rules of private law, on the other; the rules of standing, the notion of justiciability and the constitutionality of rules that seek to limit the right of the individual to approach a court to review administrative action; the meaning and scope of the right to lawful, reasonable and procedurally fair administrative action, in terms of the common law, the Constitution and the Promotion of Administrative Justice Act 3 of 2000; the meaning, scope and efficacy of the rights to reasons for administrative actions and of access to information; the procedure of judicial review and remedies that may be granted for the infringement of a person’s right to just administrative action; and conclusions and

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recommendations with regard to progress made in the construction of South Africa’s new, democratically based, administrative law.”

403.] PREFACE: “Practicing law now in this environment of freedom and democracy is something few of us who practiced during the dark days of the 1980s could even have dreamt of then. Now, instead of ouster clauses, we have a fundamental right of access to court; instead of having to establish standing under the restrictive and inappropriate rules of the common law, we have the bounty of s38 of the Constitution; instead of official secrecy, we have a fundamental right of access to information; instead of forced removals, separate amenities, group areas, detention without trial, bannings of meetings, of people, of organisations, of publications, we have a democratic state founded on values of human dignity, freedom, equality, nonracialism, non-sexism, constitutional supremacy, the rule of law, universal adult suffrage, multi-party democracy, accountability, responsiveness and openness; and instead of a system of administrative law labouring under the twin disabilities of parliamentary sovereignty and racial domination, we now have a fundamental right to just administrative action that protects every person from unlawful, unreasonable and procedurally unfair administrative action and gives to everyone a right to reasons for adverse administrative action.”

404.] INTRODUCTION [Page 1] “Much like the rule of law, the precise meaning of administrative law tends to mean different things to different people, even if there is a core of certainty about the fact that it involves the relationship between a part of the state – the administration – and the individual: some people lay emphasis on administrative law being concerned with attaining administrative efficiency, at one end of the spectrum of views; at the other end of the spectrum, others take the view that administrative law is primarily concerned with ensuring that the power wielded by the administration is tightly controlled so that human rights are not abused. Both are aims of administrative law and concerns for administrative efficiency and for the protection of human rights are both important,”

405.] [Page 2] “The postscript to the interim Constitution made this clear when it said that this Constitution provided a ‘historic bridge between the past of a deeply divided society characterised by strife, conflict, untold suffering and injustice, and a future founded on the recognition of human rights, democracy and peaceful co-existence and development opportunities for all South Africans, irrespective of colour, race, class, belief or sex’. The preamble of the final Constitution speaks of it healing the ‘divisions of the past’, establishing a society ‘based on democratic values, social justice and fundamental rights’ and laying ‘the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law’.”

406.] “The reader will find that another central theme of this thesis is that the values of the South African democratic order – as expressed principally by the terms, spirit, tenor and ethos of the Constitution of the Republic of South Africa Act 108 of 1996,3 and its immediate predecessor, the Constitution of the Republic of South Africa Act 200 of 19934 – are also intimately concerned with the protection of rights: even if effective governance is of great importance, which few would dispute, it is not a commodity that ought to be bought cheaply. The effective (and sometimes brutally efficient) exercise of governmental power at the expense of human rights is a bitter experience that most South Africans would not want to see repeated. The postscript to the interim Constitution made this clear when it said that this Constitution provided a ‘historic bridge between the past of a deeply divided society

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characterised by strife, conflict, untold suffering and injustice, and a future founded on the recognition of human rights, democracy and peaceful co-existence and development opportunities for all South Africans, irrespective of colour, race, class, belief or sex’. The preamble of the final Constitution speaks of it healing the ‘divisions of the past’, establishing a society ‘based on democratic values, social justice and fundamental rights’ and laying ‘the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law’.”

407.] [Page 4] “The interim and final Constitutions generated the most important reform of South African administrative law since the creation of a superior court of general jurisdiction at the Cape of Good Hope in 1827:6 they entrenched fundamental rights to lawful, reasonable7 and procedurally fair administrative action, and to reasons for adverse administrative action.8 The reforms went further, however, than merely giving administrative law this express constitutional base: these rights were entrenched in a Constitution that was founded on values of constitutional supremacy and the rule of law9 and of democratic governance aimed at ensuring ‘accountability, responsiveness and openness’.10 These values are important in distinguishing the pre-1994 administrative law from the post-1994 administrative law.11”

408.] The Constitution – the founding document of the democratic South Africa – is the ultimate source of all state power, whether legislative, executive or judicial. To be valid, every exercise of state power must have a legal pedigree that can be traced back to the Constitution. The Constitution is the specific source of authority for a variety of institutions of an administrative nature. Chapter 9, for instance, creates the office of the Public Protector, the Human Rights Commission, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the Commission for Gender Equality, the Auditor General, the Electoral Commission, and an independent body to regulate broadcasting. It describes these institutions as bodies designed to ‘strengthen constitutional democracy in the Republic’. 409.] [refer to full pdf: Annexure – Fundamental Right to Just Administrative Action]

410.] 12.3. Remedies 411.] 12.3.1. Rights and Remedies The law of remedies in South African law is largely Roman-Dutch in origin. It is characterised by two qualities, namely, a pragmatic and un-technical approach and an acceptance of the inter-relationship of rights and remedies: where a right has been in-fringed, a remedy will be provided. On the first aspect, Baxter says that while they may lack the variety of English law, ‘South African remedies are generally free of the complex technicalities which once surrounded those of English law and of many of the countries in the British Commonwealth. Even so, the South African remedies are not only more flexible, but probably just as comprehensive as their English counterparts’.32 On the second aspect, in Minister of the Interior v Harris33 – The High Court of Parliament case – held that the idea of a right without a remedy was an absurdity: 412.] ‘To call the rights entrenched in the Constitution constitutional guarantees and at the same time to deny to the holders of those rights any remedy in law would be to reduce the safeguards enshrined in sec. 152 to nothing. There can to my mind be no doubt that the authors of the Constitution intended that those rights should be enforceable by the Courts of Law. They could never have intended to confer a right without a remedy. The remedy is, indeed, part and parcel of the right. Ubi jus, ibi remedium.’

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413.] In the result, Baxter’s observation on the state of the law in 1984 is correct when he stated that the remedies recognised by the courts, when used singly or in combination, as the circumstances of cases dictate, ‘are capable of providing adequate relief in nearly all cases of unlawful administrative action; in principle there is little the judges cannot do if they are so minded’.34 Now the hands of the judges have been strengthened in two ways: first, the Constitution has enhanced their jurisdiction to hold administrative authorities (and all others bound by the Bill of Rights and the Constitution) accountable to explicit constitutional standards and secondly, their jurisdiction to grant relief for constitutional infringements is explicitly granted by s38 and s172(1) of the Constitution and potentially open-ended: courts must, as Ackermann J stated in Fose v Minister of Safety and Security,35 ensure that the remedies they grant are effective and approach their task from the perspective that in a country such as South Africa ‘where so few have the means to enforce their rights through the courts, it is essential that on those occasions when the legal process does establish that an infringement of an entrenched right has occurred, it be effectively vindicated’.36

414.] Refer to the following Annexures at https://giftoftruth.wordpress.com/annexures/ 415.] and find more highlighted key points therein to substantiate our right to taking lawful administrative action: 416.] 151.Annexure - The right to Information

417.] 152.Annexure - summary Fundamental Right to Just Administrative Action summary

418.] 153.The fundamental Right to Just administrative action

419.] Judicial Services Commission: From: http://www.justice.gov.za/faq/faq-jsc.html 420.] The Judicial Service Commission: The JSC was established in terms of Section 178 of the Constitution, and its function is to select fit and proper persons for appointment as judges and to investigate complaints about judicial officers. It also advises government on any matters relating to the judiciary or to the administration of justice. When appointments have to be made, the JSC publishes a notice giving details of the vacancies that exist and calls for nominations. It shortlists suitable candidates and invites them for interviews. Professional bodies and members of the public have the opportunity to comment prior to the interviews or to make representations concerning the candidates to the commission. The interviews are conducted in public, after which the JSC deliberates and makes its decisions in private. Its recommendations are communicated to the president, who then makes the appointments. In terms of the Constitution, the President, in consultation with the JSC, appoints the chief justice and the deputy chief justice, and the president and deputy President of the SCA. The President appoints other judges on the advice of the JSC. In the case of the chief justice and the deputy chief justice, the leaders of parties represented in the National Assembly are also consulted.(Source: South Africa Yearbook 2012/11, GCIS) - See more at: http://www.justice.gov.za/faq/faq-jsc.html#sthash.cVs9Rid6.dpuf

421.] Judge Plasket on the JSC:

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The following comment is from High Court judge Clive Plasket, an intelligent jurist with a human rights activism record going back to the fight against apartheid; we even noted a telling comment he made before the JSC as reported by the Mail & Guardian - JSC conflict laid bare by inconsistency - 12 Apr 2013 08:14 Niren Tolsi: “Judge Clive Plasket's comparative inquisition reveals a commission fractured on issue of transformation,” writes Niren Tolsi. 422.] Innocuous comment:- He was repeatedly asked about his understanding of transformation and the logic of a Supreme Court of Appeal ruling that had held that the commission had acted irrationally in previously not appointing white male candidates to two out of three vacancies on the Western Cape bench. 423.] Commissioners returned several times to a seemingly innocuous comment Plasket made in response to a question couched in the commission's own process of introspection this week regarding transformation. 424.] Plasket had said it was "very healthy for a body such as [the commission] to be introspective and try to examine issues around its legitimacy. It can only do its job properly if it is legitimate." This appeared to be interpreted by people like Justice Minister Jeff Radebe as a questioning of the very legitimacy of the current commission itself.

425.] We say that it is clear that the JSC is operating in favourable commerce alongside corporate RSA which is in breach of their ethics; we have invited them on previous occasions and they declared nihil dicit; in addition, the following further substantiates our concern regarding the legitimacy of the JSC and other legal bodies;:

426.] Bias of RSA Judiciary: 427.] We say that the Judiciary ONLY apply procedural law which is biased and in breach of their oath to uphold the DORM and to serve and protect we, the people as the original Republic of South Africa by original definition thereof;

428.] We say that the court buildings on the land of Southern Africa are under the jurisdiction of the original Republic of South Africa in a court of South Africa that belongs to we, the people as equal shareholders and not to grant our wishes to court procedure at the jurisdiction of our choosing as per the DORM in ANY matter, is contrary to the DORM and abrogates our sovereign and substantive rights when in Miranda vs Arizona the U.S. supreme court ruled: “Where substantive rights are concerned, there shall be no rule making.”

429.] We say that based on our herein findings as well as ALL our findings as posted at https://giftoftruth.wordpress.com/annexures/ and based on our experience with the

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bias of the Judiciary as witnessed herein, it is clear why we, the people cannot be afforded remedy at living jurisdiction and in accordance with the DORM;

430.] SARB SARS and NATIONAL TREASURY: We say that based on the evidence provided by Stephen Goodson in his two books History of Central Banking and Inside the SOUTH AFRICAN RESERVE BANK we now know that SARB, SARS and NATIONAL TREASURY are privately owned CORPORATIONs which constitute a federal government on our land; 431.] From: Washington University Manual of International Legal Citation The South African Constitution (Act 108 of 1996) provides for the separation of the legislative, executive, and judicial branches of government, and it also contains elements of federalism.

432.] FEDERAL. American Law. Belonging to the general government or union of the states. Founded on or organized under the constitution or laws of the United States. [Black’s Law 4th Edition]

433.] How the ANC's Faustian pact sold out South Africa's poorest “In the early 1990s, we in the leadership of the ANC made a serious error. Our people are still paying the price.” – Ronnie Kasrils

The following is an edited extract from the introduction to his autobiography, Armed and Dangerous: 434.] South Africa's young people today are known as the Born Free generation. They enjoy the dignity of being born into a democratic society with the right to vote and choose who will govern. But modern South Africa is not a perfect society. Full equality – social and economic – does not exist, and control of the country's wealth remains in the hands of a few, so new challenges and frustrations arise. Veterans of the anti-apartheid struggle like myself are frequently asked whether, in the light of such disappointment, the sacrifice was worth it. While my answer is yes, I must confess to grave misgivings: I believe we should be doing far better.

435.] There have been impressive achievements since the attainment of freedom in 1994: in building houses, crèches, schools, roads and infrastructure; the provision of water and electricity to millions; free education and healthcare; increases in pensions and social grants; financial and banking stability; and slow but steady economic growth (until the 2008 crisis at any rate). These gains, however, have been offset by a breakdown in service delivery,

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resulting in violent protests by poor and marginalised communities; gross inadequacies and inequities in the education and health sectors; a ferocious rise in unemployment; endemic police brutality and torture; unseemly power struggles within the ruling party that have grown far worse since the ousting of Mbeki in 2008; an alarming tendency to secrecy and authoritarianism in government; the meddling with the judiciary; and threats to the media and freedom of expression. Even 's privacy and dignity are violated for the sake of a cheap photo opportunity by the ANC's top echelon.

436.] South Africa's liberation struggle reached a high point but not its zenith when we overcame apartheid rule. Back then, our hopes were high for our country given its modern industrial economy, strategic mineral resources (not only gold and diamonds), and a working class and organised trade union movement with a rich tradition of struggle. But that optimism overlooked the tenacity of the international capitalist system. From 1991 to 1996 the battle for the ANC's soul got under way, and was eventually lost to corporate power: we were entrapped by the neoliberal economy – or, as some today cry out, we "sold our people down the river".

437.] What I call our Faustian moment came when we took an IMF loan on the eve of our first democratic election. That loan, with strings attached that precluded a radical economic agenda, was considered a necessary evil, as were concessions to keep negotiations on track and take delivery of the promised land for our people. Doubt had come to reign supreme: we believed, wrongly, there was no other option; that we had to be cautious, since by 1991 our once powerful ally, the Soviet union, bankrupted by the arms race, had collapsed. Inexcusably, we had lost faith in the ability of our own revolutionary masses to overcome all obstacles. Whatever the threats to isolate a radicalising South Africa, the world could not have done without our vast reserves of minerals. To lose our nerve was not necessary or inevitable. The ANC leadership needed to remain determined, united and free of corruption – and, above all, to hold on to its revolutionary will. Instead, we chickened out. The ANC leadership needed to remain true to its commitment of serving the people. This would have given it the hegemony it required not only over the entrenched capitalist class but over emergent elitists, many of whom would seek wealth through black economic empowerment, corrupt practices and selling political influence.

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438.] To break apartheid rule through negotiation, rather than a bloody civil war, seemed then an option too good to be ignored. However, at that time, the balance of power was with the ANC, and conditions were favourable for more radical change at the negotiating table than we ultimately accepted. It is by no means certain that the old order, apart from isolated rightist extremists, had the will or capability to resort to the bloody repression envisaged by Mandela's leadership. If we had held our nerve, we could have pressed forward without making the concessions we did.

439.] It was a dire error on my part to focus on my own responsibilities and leave the economic issues to the ANC's experts. However, at the time, most of us never quite knew what was happening with the top-level economic discussions. As Sampie Terreblanche has revealed in his critique, Lost in Transformation, by late 1993 big business strategies – hatched in 1991 at the mining mogul Harry Oppenheimer's Johannesburg residence – were crystallising in secret late-night discussions at the Development Bank of South Africa. Present were South Africa's mineral and energy leaders, the bosses of US and British companies with a presence in South Africa – and young ANC economists schooled in western economics. They were reporting to Mandela, and were either outwitted or frightened into submission by hints of the dire consequences for South Africa should an ANC government prevail with what were considered ruinous economic policies.

440.] All means to eradicate poverty, which was Mandela's and the ANC's sworn promise to the "poorest of the poor", were lost in the process. Nationalisation of the mines and heights of the economy as envisaged by the Freedom charter was abandoned. The ANC accepted responsibility for a vast apartheid-era debt, which should have been cancelled. A wealth tax on the super-rich to fund developmental projects was set aside, and domestic and international corporations, enriched by apartheid, were excused from any financial reparations. Extremely tight budgetary obligations were instituted that would tie the hands of any future governments; obligations to implement a free-trade policy and abolish all forms of tariff protection in keeping with neo-liberal free trade fundamentals were accepted. Big corporations were allowed to shift their main listings abroad. In Terreblanche's opinion, these ANC concessions constituted "treacherous decisions that [will] haunt South Africa for generations to come".

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441.] An ANC-Communist party leadership eager to assume political office (myself no less than others) readily accepted this devil's pact, only to be damned in the process. It has bequeathed an economy so tied in to the neoliberal global formula and market fundamentalism that there is very little room to alleviate the plight of most of our people.

442.] Little wonder that their patience is running out; that their anguished protests increase as they wrestle with deteriorating conditions of life; that those in power have no solutions. The scraps are left go to the emergent black elite; corruption has taken root as the greedy and ambitious fight like dogs over a bone.

443.] In South Africa in 2008 the poorest 50% received only 7.8% of total income. While 83% of white South Africans were among the top 20% of income receivers in 2008, only 11% of our black population were. These statistics conceal unmitigated human suffering. Little wonder that the country has seen such an enormous rise in civil protest.

444.] A descent into darkness must be curtailed. I do not believe the ANC alliance is beyond hope. There are countless good people in the ranks. But a revitalisation and renewal from top to bottom is urgently required. The ANC's soul needs to be restored; its traditional values and culture of service reinstated. The pact with the devil needs to be broken.

445.] At present the impoverished majority do not see any hope other than the ruling party, although the ANC's ability to hold those allegiances is deteriorating. The effective parliamentary opposition reflects big business interests of various stripes, and while a strong parliamentary opposition is vital to keep the ANC on its toes, most voters want socialist policies, not measures inclined to serve big business interests, more privatisation and neoliberal economics.

446.] This does not mean it is only up to the ANC, SACP and Cosatu to rescue the country from crises. There are countless patriots and comrades in existing and emerging organised formations who are vital to the process. Then there are the legal avenues and institutions such as the public protector's office and human rights commission that – including the ultimate appeal to the constitutional court – can test, expose and challenge injustice and the infringement of rights. The strategies and tactics of the grassroots – trade unions, civic and

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community organisations, women's and youth groups – signpost the way ahead with their non-violent and dignified but militant action.

447.] The space and freedom to express one's views, won through decades of struggle, are available and need to be developed. We look to the Born Frees as the future torchbearers.

448.] End [emphasis added]

449.] We say that politics was created by colonial slavemasters to divide, conquer and rule we, the people:

450.] “This truth is well known among our principal men now engaged in forming an imperialism of Capital to govern the world. By dividing the voters through the political party system, we can get them to expend their energies in fighting over questions of no importance. Thus by discreet action we can secure for ourselves what has been so well planned and so successfully accomplished.” - Sir Denison Miller.

451.] We say that our investigations lead us to believe that the root cause of our woes is directly linked to or as a result of the following:

452.] NOVUS ORDO SECLORUM - "Shadow" Government:

453.] 154.Annexure – Birth of White South Africa under British Rule as PAX BRITANNICA EVENT

454.] 155.Annexure - Former Leaders Warn About The Invisible Government

455.] 156.Annexure - Adam Smith & the Wealth of Nations

456.] 157.Annexure - The Condensed Wealth of Nations

457.] 158.Annexure – The Federal Reserve Cartel Part 1 - The Eight Families

458.] 159.Annexure - How the Rothschilds Became the Secret Rulers of the World Part 1

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459.] 160.Annexure – Rothschilds and Rockefellers -Trillionaires of the World

460.] 161.Annexure - The Top of the Pyramid - The Rothschilds, The British Crown and the Vatican Rule The World

461.] Express Trusts as a remedy:

462.] What can we replace, re-purpose or re-venue CORPORATIONS back to a lawful Republic with?

463.] 162.Annexure - Trustees in Commerce - A Way of Life

464.] 163.Annexure - EXPRESS TRUSTS UNDER THE COMMON LAW

465.] 164.Annexure - Ces tui Qui Trust

466.] 165.Annexure - The Nature of the Private Express Trust

467.] 166.Annexure - Definitions of Money and property held in Trust.

468.] On Trusts - RSA Specific:

469.] 167.Annexure - THE AUTHORISATION OF TRUSTEES IN THE SOUTH AFRICAN LAW OF TRUSTS

470.] 168.Treasury Regulations - for departments, constitutional institutions and public entities

471.] 169.TRUST PROPERTY CONTROL ACT 57 of 1988

472.] UZA manual on the framework for Express Trusts as opposed to CORPORATIONS or PARTNERSHIPS and as a vehicle to re-venue, re-purpose or re-claim private property and or collateral of your family or community or country and to adapt to suit your needs:

473.] GOTU - ExpressTrusts Manual V5

474.] Conclusion:

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We say that we believe we have provided sufficient substantive proof to justify our representative administrative action by we the people;

The only conclusion we can come to from all our investigations is that we have reason to believe that CORPORATIONs and FRANCHISES have been running our Republic under the guise of the people's government, judicial and financial systems which in truth are committing treason against we, the people without the people's knowledge or consent through the use of semantic deceit, and for us to continue to act in this foreclosed illegal and unlawful system would amount to treason of the highest order, on our part to we, the people and the land and the DORM;

475.] We say that the only way forward for we, the people in this climate of distrust is to declare and properly gazette people’s courts, forums, oversight committees and tribunals without fear or favour and to encourage self-governance and self- determination: “However, as it is impossible for the whole race of mankind to be united in one great society, they must necessarily divide into many, and form separate states, commonwealths, and nations, entirely independent of each other, and yet liable to a mutual intercourse. Hence arises a third kind of law to regulate this mutual intercourse, called “the law of nations,” which, as none of these states will acknowledge a superiority in the other, cannot be dictated by any, but depends entirely upon the rules of natural law, or upon mutual compacts, treaties, leagues, and agreements between these several communities: in the construction also of which compacts we have no other rule to resort to, but the law of nature; being the only one to which all the communities are equally subject; and therefore the civil law(c) very justly observes, that quod naturalis ratio inter omnes homines constituit, vocatur jus gentium.” [Sir William Blackstone, Commentaries on the Law of England in Four Books, Vol. 1[1753]

476.] We say regarding economics that formal structured “in-the-box” thinking provides no remedy; we need to be daring and use creative thought and application: “Progress in positive economics will require not only the testing and elaboration of existing hypotheses but also the construction of new hypotheses. On this problem there is little to say on a formal level. The construction of hypotheses is a creative act of inspiration, intuition, invention; its essence is the vision of something new in familiar material. The process must be discussed in psychological, not logical, categories; studied in autobiographies and biographies, not treatises on scientific method; and promoted by maxim and example, not syllogism or theorem.” Milton Friedman - Essays in Positive Economics; Part I - The Methodology of Positive Economics; University of Chicago Press (1953), 1970, pp. 3-43

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477.] Based on the above it is clear we need to look at creative ways to re-venue, re- purpose, reinstate and retain the commonwealth of we, the people as the state and body of the Republic in the most efficient ways with the least amount of cost; and, not making change is not an option; in the words of Chris Hedges: 478.] “Corporations have captured every major institution, including the judicial, legislative and executive branches of government, and deformed them to exclusively serve the demands of the market. They have, in the process, demolished civil society. Karl Polanyi in “The Great Transformation” warned that without heavy government regulation and oversight, unfettered and unregulated capitalism degenerates into a Mafia capitalism and a Mafia political system. A self-regulating market, Polanyi writes, turns human beings and the natural environment into commodities. This ensures the destruction of both society and the natural environment. The ecosystem and human beings become objects whose worth is determined solely by the market. They are exploited until exhaustion or collapse occurs. A society that no longer recognizes that the natural world and life have a sacred dimension, an intrinsic value beyond monetary value, commits collective suicide. Such societies cannibalize themselves. This is what we are undergoing. Literally.” [By Chris Hedges truthdig.com December 7, 2014]

479.] Concluding remarks to Justices: Without any prejudice, we say that we are of the belief that we have sufficiently justified our cause as well as having given sufficient reason as to why take representative administrative action is a necessity; Justices can correct the errors of the past and engage with us in dialogue by emailing your comments to brother- thomas, administrator of UZA at [email protected] or alternatively with Dr John Walsh, Chief Justice of ITNJ at [email protected] or [email protected].

480.] We say that we can only conclude, based on our experiences with the Courts of South Africa that the acting Justices either: a) believe they are above the rule of law; or b) are mistakenly oathed to corporate REPUBLIC OF SOUTH AFRICA, SOUTH AFRICA or any of its FRANCHISES; or c) are in fact oathed to the Republic of South Africa, but failing in their duties;

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481.] In order to be sure, we respectfully request that they co-operate and be present on the appointed day and time to formally re-oath themselves according to the herein terms and remedies and any other wish incidental to this matter; "Judges ought to remember that their office is jus dicere not jus dare; to interpret law, and not to make law, or give law." – [Canons of Judical Ethics, Black’s Law 4th edition, 1968]

482.] We say that it is sad day indeed that we, the people have had to seek remedy from an International Tribunal as our Justices are refusing to obey our court wishes; Maxim: The court is the person and the suit of the sovereign. We say that we, the people are the court and that the Justices are merely arbitrators when oathed to we, the people.

483.] "And I charged your judges at that time, saying Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him.” – [Canons of Judical Ethics, Black’s Law 4th edition, 1968]

484.] Concluding Remarks on Administrative action: 485.] It is in the context of the characteristics of South African administrative law that have been outlined above that the right to just administrative action acquires its significance and will be interpreted by the courts. It is probably no exaggeration to say that administrative law, and consequently judicial control over administrative decisionmaking, will acquire an importance and a significance that it previously did not enjoy as the courts and government embarks on a massive program to address the imbalances of wealth, power and opportunity that corporate and political apartheid created and implemented through inadequately controlled administrative power. There is a measure of irony in the fact that, in all probability, the only practical way in which to undo the effects of corporate apartheid’s social engineering is by using the same legal mechanism – administrative agencies exercising discretionary powers;

486.] Only this time the agencies will be oversight committees, forums and tribunals by the people, of the people for the people implementing Sovereign Bills as opposed to STATUTE. This fact serves to emphasise the particular importance of the reform

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initiatives presented under the heading Interim Proposed Remedies: of which a final draft will be presented by the time a date of trial has been set by the ITNJ on acceptance of our case as presented herein.

487.] Albie Sachs has made the point that: ‘oppression in the name of the good is worse than oppression in defence of the bad since it tarnishes the very ideas it seeks to protect and deprives people even of the image of hope of a better society’. The aspirations and values of the Constitution would be hollow indeed if administrative law was not in step with the constitutional ethos of rationality and of justification in the exercise of public power even, and some might say, especially, when such power is exercised for the noblest of motives.

488.] People who object to this action: thus far nihil dicit. People in support of this action: 8 000 wet ink signature and 562 digital signatures at: https://docs.google.com/spreadsheets/d/19xkSNmNzpv72y2L6rEDtbgn5Cgf- vOjz1xO6eqRlkzQ/edit?pli=1#gid=0

Falsa orthographia, sive falsa grammatica, non vitiate concessionem. Neither faulty spelling nor faulty grammar will vitiate a grant or a wish. Neither false Latin nor false English will make a deed void when the intent of the parties plainly appears as per the Plain Language Movement and as per the law of the land. Know that there is more to follow. All rights reserved.

Statement of Truth:

The deponents solemnly affirm that: They know and comprehend the contents of this declaration by their own hand; They have no objection to declaring their whole truth as far as they know it; They consider their statement of truth as far as they know it to be binding on their conscience;

Sincerely without prejudice; ex causa onerosa, all right reserved.

Dated on the land of Southern Africa this 20th Day of October, 2015.

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c/o Unified Grand Jury ZA P.O. Box 166 Laezonia Pretoria Southern Africa – ZA

Witnesses & Commissioners of Truth: Witness our hand:

1.

2.

3.

To: The Registrar of the International Tribunal for Natural Justice http:www.itnj.org/

And: The Chief Justice of the International Tribunal for Natural Justice Dr John Walsh of Brannagh Norfolk Island, Australia

And: The Registrar of the Constitutional Court of South Africa 11 Kotze Street, Hillbrow, Johannesburg Land Southern Africa

And: Judicial Services Commission

And: The National Prosecuting Authority of South Africa

And: The Minister of Justice and Correctional Services

And: Deputy Minister for Justice and Constitutional Development

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