IN THE BLOEMFONTEIN MAGISTRATES COURT Case #: 21-709-08 State v. Schalk van der Merwe
First Defendant
Johnny Roberts
Second Defendat
RC Malherbe
Third Defendant
Danie Grobler
Fourth Defendant
NOTICE OF MOTION
Please Take Notice that Lara Johnstone, of the Radical Honesty culture and religion, hereby make application to the above honourable court of Chief Magistrate Mziwonke Hinxa, for an order in the following terms 1) To admit the Applicant as a Radical Honesty – RSA Amici Curiae (i.e. member of the Radical Honesty Culture and Religion) in the above proceedings in terms of Rule 41 and 42 of the Magistrates Courts Act, 32 of 1994; and the Constitutional Entitlement to invoking1 cultural law2 in S. 15 (3), 30, 31, and 185, which require the application of choice of law rules. 2) Grant Applicant the opportunity to submit this written argument in the above matter, as follows: 3) To confirm that the Court, Plaintiffs and Defendants have taken notice of the Radical Honesty – RSA Amicus Curiae filed before the Constitutional Court, in the matter of 1 Ex parte Minister of Native Affairs: In re Yako v Beyi 1948 (1) SA 388 (A) at 397: Appellate Division held that neither common nor customary law was prima facie applicable. Courts had to consider all the circumstances of a case, and, without any preconceived view about the applicability of one or other legal system, select the appropriate law on the basis of its inquiry. 2 SALC, Sept 1999: Report on Conflicts of law: P.22: ‘1.58. The Constitution now provides an entitlement for invoking customary law in legal suits. Because ss 30 and 31 specifically guarantee an individual and a group's right to pursue a culture of choice, it could be argued that application of customary law has become a constitutional right. Previously, the state had assumed complete discretion in deciding whether and to what extent customary law should be recognized, an attitude typical of colonial thinking, for Africans were subject to whatever policies the conquering state chose to impose on them. Now, however, the state has a duty to allow people to participate in the culture they choose, implicit in this duty is a responsibility to uphold the institutions on which that culture is based.’
The Citizen v. McBride, the contents of which may have been relevant to the decision making of the Plaintiffs and/or Defendants, if either party had been aware of their contents, but which are being massively censored by the corrupt South African media. Among others the Radical Honesty RSA Amicus Curiae before the Constitutional Court alleges: a)
That the ‘TRC social contract’3 is founded on Truth and Reconciliation Commission fraud, as a result of, among others: i)
Negligent or Intentional Avoidance of Key Concepts Cultural Definitions: Conflict of Law Definitions, Fundamental Concepts were not defined.
ii)
Truth and Reconciliation was not Seen to Be Done, but was selective, biased, and discriminated against, among others, the SADF, the IFP and ANC members who had been detained, tortured, raped and executed in ANC prison camps such as Camp Quatro, in Angola.
iii)
How the Liberation Struggle could not have been considered a ‘just war’, within Just War Legal principles, when Apartheid had raised poor black living standards to the highest in Africa;
iv)
That Apartheid was not a Crime Against Humanity, but a Just War for Afrikaner Demographic Survival; and that the ANC-TRC deliberately covered up this information and censored it, in favour of declaring Apartheid a ‘crime against humanity’.
v)
That Farm Murders provide the evidence that South Africans – Afrikaners in particular -- do not live under a ‘Rainbow TRC Peace’ social contract, but under a Racial Hatred War Reality.
b)
Media Corruption: Massive ‘If It Bleads, it Leads’ Media stoking of South Africa’s Race War, including the evidence for how 40 of SA’s Media Editors endorse Legal and Political Persecution of White Refugees, i.e. they admit that they are “deliberate indifferent to certain people of certain ethnicities and/or ideologies and/or cultures and/or religions being politically and legally persecuted and prosecuted…”;
3 The Promotion of National Unity and Reconciliation Act, 34 of 1995 (“TRC Act”), mandate was provided for in The Constitution of the Republic of South Africa Act, 200 of 1993 (“Interim Constitution”), both which collectively set the ‘social contract’ foundation for the Constitution of the Republic of South Africa, Act 108 of 1996 (“SA Constitution”); all collectively herein after referred to as ‘TRC Social Contract’.
4) Furthermore confirmation/an order that the Plaintiffs and Defendants are aware that the Radical Honesty – RSA Amicus Curiae before the Constitutional Court requests the Constitutional Court to provide the following relief: a)
Confirmation that Radical Honesty is a religion/culture, not a refugee status.4
b)
Acknowledge that forgiveness, closure, ubuntu, amnesty, truth, reconciliation, interpreted in accordance to Radical Honesty definitions, renders the TRC social contract: A TRC Fraud: ‘Crime of Apartheid’ Falsification of History;
c)
Acknowledge that the absence of multi-cultural legal definitions (let alone choice of law rules) for many TRC social contract’s foundational multi-cultural concepts –- forgiveness, closure, reconciliation, ubuntu, -- eliminates any NonDescartian5 (I am, therefore I think) citizens ‘right to certainty in TRC ‘rainbow jurisprudence’6 administration of justice’7.
d)
Issue a judgement requiring that relevant choice of law rules (where two or more conflicting legal systems aims have to be met) be implemented: to give detailed guidance to courts and citizens on the application of cultural laws; eg. where and when is a defendant to be treated as a member of a particular cultural community in which particular practices, are cultural rights and obligations obtained, allowing sufficient flexibility to cater for the peculiarities of individual cases.
5) For an Order from the court clarifying whether the Defendants and Plaintiffs belong to different culture’s and whether they were informed by their counsel of their constitutional rights to invoking8 cultural law9 in S. 15 (3), 30, 31, and 185, and which
4
Ex parte Minister of Native Affairs: In re Yako v Beyi. 1948 (1) SA 388 (A) at 397. See: Non-Descartian/Radical Honesty (I am, therefore I think) Worldview. Ibid 6 Alfred Cockrell ‘Rainbow Jurisprudence’ (1996) 12 SAJHR 1. 7 Van der Vyver (1982) 15 CILSA 312-14 8 Ex parte Minister of Native Affairs: In re Yako v Beyi 1948 (1) SA 388 (A) at 397: Appellate Division held that neither common nor customary law was prima facie applicable. Courts had to consider all the circumstances of a case, and, without any preconceived view about the applicability of one or other legal system, select the appropriate law on the basis of its inquiry. 9 SALC, Sept 1999: Report on Conflicts of law: P.22: ‘1.58. The Constitution now provides an entitlement for invoking customary law in legal suits. Because ss 30 and 31 specifically guarantee an individual and a group's right to pursue a culture of choice, it could be argued that application of customary law has become a constitutional right. Previously, the state had assumed complete discretion in deciding whether and to what extent customary law should be recognized, an attitude typical of colonial thinking, for Africans were subject to whatever policies the conquering state chose to impose on them. Now, however, the state has a duty to allow people to participate in the culture they choose, implicit in this duty is a responsibility to uphold the institutions on which that culture is based.’ 5
require the application of choice of law rules, and if not their Criminal Procedure Act, 51 of 1977: S. 105A. Plea and sentence agreements: (9) (d).10 rights KINDLY TAKE FURTHER NOTICE that the accompanying affidavit of Lara Johnstone will be used in support of this application. TAKE FURTHER NOTICE that the Applicant has not yet had time to approach either the Defendants or the Applicants in this matter for their consent. Applicant sincerely apologizes therefore. However it appears to the Applicant that there is a grave injustice being committed in this matter, amongst others, against the Defendants, by among others the media, who spit on cultures who practice sincere forgiveness, and root cause problem solving, such as the Radical Honesty culture, and who instead prefer Scapegoating and ‘If It bleads, it leads’ race war sensationalism, and that the Applicant must not remain silent in the face of this injustice. KINDLY place this matter before the Chief Magistrate to be dealt with in terms as requested, prior to sentencing of the Defendants in this matter. Dated at George, this 29 day of July, 2010.
___________________________ LARA JOHNSTONE, Pro Se ******************************** George, 6529 Tel/Fax: (044) 870 7239 Email: jmcswan@mweb.co.za.
FILED AND SUBMITTED PER FACSIMILE: TO: Clerk of the Court: Mrs. Botma Bloemfontein Magistrates Court Tel: (051) 506 1218 Fax: (051) 506 1347 AND TO:
10
Chief Magistrate Mziwonke Hinxa Bloemfontein Magistrates Court Tel: (051) 506 1111
Served: 29 July 2010@ 16:18
Served : 29 July @ 16:32
Criminal Procedure Act, 51 of 1977: S. 105A. Plea and sentence agreements: (9) (d) If the prosecutor or the accused withdraws from the agreement as contemplated in paragraph (b) (ii), the trial shall start de novo before another presiding officer: Provided that the accused may waive his or her right to be tried before another presiding officer.
Fax: (051) 447 6854 AND TO:
Counsel for the State State Prosecutor Johan Kruger National Prosecuting Authority, Bloemfontein Tel: (051) 410 6000 Fax: (051) 448 2671
Served: 29 July @16:26
AND TO:
Counsel for the Defendants: Attorney Mr. Christo Dippenaar Tel: (051) 522 5408 Fax: (051) 522 5408
Served: 29 July @16:41
Advocate Kemp. J. Kemp 10th Floor, 6 Durban Club Place Tel: (031) 304 7179 Fax: (031) 304 4646 Email: kjkemp@law.co.za Radical Honesty – RSA Honourable Transparency Per Email: TO: Free State Law Society President Mr. JJ Mhlambi Vice President: Mr. J. Fouche c/o: CEO: Ms. Alme Stanton: alme@fs-law.co.za Free State Law Society 139 Zastron Street Bloemfontein, 9301 Tel: (051) 447 3237 Fax: (051) 430 7369 Email: prokorde@fs-law.co.za
Served: 29 July 2010 [#350@ 06:39 hrs]11
TO: REGISTRAR: CCT 23-10: Citizen v. McBride Tel: (011) 359-7400 Fax: (011) 339-5098 Fax: 0866493626 Email: registrar@concourt.org.za
Served 29 July 2010 [#351@ 06:39 hrs] 12
TO: WILLEM DE KLERK ATTORNEYS: CCT 23-10 Attorneys for the Applicants P O box 84162, Greenside, 2034 Tel: (011) 717 8562/37 | Fax: (011) 486 4506 Cell: (082) 880 6844 Email: wdeklerk@telkomsa.net CC: Adv. W. Trengrove, S.C. Tel: (011) 291 8600 Fax: (011) 291 8666 Cell: (082) 337 0852 Email: wimtrengove@law.co.za
Served 29 July 2010 [#351@ 06:39 hrs] 13
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PDF: http://www.scribd.com/doc/35108620/10-07-27-07-30-CCT-23-10-CCT-23-10-First-Amicus-Proof-Email-Service-Correspondence PDF: http://www.scribd.com/doc/35108620/10-07-27-07-30-CCT-23-10-CCT-23-10-First-Amicus-Proof-Email-Service-Correspondence PDF: http://www.scribd.com/doc/35108620/10-07-27-07-30-CCT-23-10-CCT-23-10-First-Amicus-Proof-Email-Service-Correspondence
TO: MASHIANE MOODLEY MONAMA: CCT 23-10 Attorneys for the Respondent 39 Wierda Road West Wierda Valley, Sandton JOHANNESBURG Tel: (011) 303 7900 Fax: (011) 303 7993 / 7902 Email: monamar@m4attorneys.co.za David Maphakela: dmaphakela@m4attorneys.co.za CC: Adv. D.I Berger S.C. Tel: (011) 263 8900 Fax: (011) 263 8956 Cell: (083) 455 3887 Email: diberger@chambers.co.za
Served 29 July 2010 [#351@ 06:39 hrs] 14
TO: WEBBER WENTZEL: CCT 23-10 Attorneys for the Second, Third, Fourth & Fifth Amici 10 Fricker Road, Illovo Boulevard JOHANNESBURG, 2196 Tel: (011) 530 5607 | Fax: (011) 530 6232 Ref: D. Milo/O Ampofo-Anti 2039305 Email: dario.milo@webberwentzel.com Email: okyerebea.ampofo-anti@webberwentzel.com CC: Adv. Gilbert Marcus, S.C. Tel: 011 291 8600 | Fax: 011 291 8666 Cell: 083 452 5105 Email: gjmarcus@mweb.co.za
Served 29 July 2010 [#351@ 06:39 hrs] 15
TO: THE MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: : CCT 23-10 c/o: THE STATE ATTORNEY 8th Floor, Bothongo Heights, 167 Andries Street PRETORIA Tel: (012) 309 1500 | Fax: (012) 328 2662/3 c/o STATE ATTORNEY 95 Market Street, Cnr. Kruis Street North State Building, 11th Floor JOHANNESBURG Tel: (011) 330 7600 | Fax: (011) 337 6200 Cell: (082) 926 0705 Email: Vdhulam@justice.gov.za Ref: Mr. V Dhulam
Served 29 July 2010 [#351@ 06:39 hrs] 16
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PDF: http://www.scribd.com/doc/35108620/10-07-27-07-30-CCT-23-10-CCT-23-10-First-Amicus-Proof-Email-Service-Correspondence PDF: http://www.scribd.com/doc/35108620/10-07-27-07-30-CCT-23-10-CCT-23-10-First-Amicus-Proof-Email-Service-Correspondence PDF: http://www.scribd.com/doc/35108620/10-07-27-07-30-CCT-23-10-CCT-23-10-First-Amicus-Proof-Email-Service-Correspondence
IN THE BLOEMFONTEIN MAGISTRATES COURT Case #: 21-709-08 State v. Schalk van der Merwe
First Defendant
Johnny Roberts
Second Defendat
RC Malherbe
Third Defendant
Danie Grobler
Fourth Defendant
FOUNDING AFFIDAVIT
I the undersigned, LARA JOHNSTONE do hereby make oath and say: 1.
I am an adult female paralegal, who is unemployed thanks to the fact that Attorney Firms in South Africa are (a) not enthusiastic about hiring white people, (b) less enthusiastic about hiring generally honest white people, and (c) allergic to hiring Radical Honesty white (perhaps black too) people. My principal place of residence is 16 Taaibos Ave, Heatherpark, George, where I am the Radical Honesty Bushido Dischordian paralegal of record for the First Amicus -– myself -- admission as amici curiae in the Constitutional Court matter: Case 23-10: The Citizen v. Robert McBride.
2.
Save where appears from the context, the facts contained in this affidavit are within my own personal knowledge and are, to the best of my knowledge and belief, both true and correct.
3.
I am the only member – to my knowledge – of the Radical Honesty17 culture and religion currently living in South Africa. The Radical Honesty culture and religion is open to anyone from any culture or religion, nationality or ideology; the only prerequisite being a commitment to Radical Honesty: Being Specific About Anger and Forgiveness processes, i.e. the Truth and Forgiveness Social Contract18, as excerpted from Dr. Brad Blanton’s book, Practicing Radical Honesty: How to Complete the Past, Stay in the Present and Build a Future with a Little Help from Your Friends19.
4.
I am a former employee of Dr. Brad Blanton: (1) President and CEO of Radical Honesty Enterprises Sparrowhawk Book Publishing and The Center for Radical Honesty, both dedicated to promoting honesty in the world; (2) former candidate for Congress in 2004 and 2006, on the platform of ‘Honesty in Politics’20; (3) Pope of the Radical Honesty Futilitarian Church; i.e. “Dr. Truth”21; and (4) author of (i) Radical Honesty: How To Transform your Life by Telling the Truth; (ii) Practicing Radical Honesty: How to Complete the Past, Stay in the Present and Build a Future with a Little Help from Your Friends, (iii) Honest to God: A Change of Heart that Can Change the World, with Neale Donald Walsh, author of the Conversations with God books; (iv) Radical Parenting: Seven Steps to a Functional Family in a Dysfunctional World; (v) The Truthtellers: Stories of Success by Radically Honest People and (vi) Beyond Good and Evil: The Eternal Split-Second-Sound-Light-Being; (vii) Some New Kind of Trailer Trash.
5.
Applicants Rainbow Rule-of-Law Freedom of Speech Search for Truth Culture22 Credibility: I support the maxim of the non-violent anti-slavery publication the North Starh, whose Republican editor, Frederick Douglass was fond of saying: “I would unite with anybody to do right and with nobody to do wrong.” As a rule-oflaw political activist, I endorsed the rule-of-law for all, rich, poor, white, black,
17
As founded by Dr. Brad Blanton, bestselling author, psychologist and ‘Honesty in Politics’ Congressional Candidate. See: www.radicalhonesty.com 18 PDF: www.scribd.com/doc/20520279/AA-01-d-09-08-11-Pop-Policy-Common-Sense-Truth-Forgiveness-Social-Contract 19 PDF: http://www.scribd.com/doc/5507662/Practicing-Radical-Honesty-by-Brad-Blanton 20 See Video Documentaries at: http://why-we-are-white-refugees.blogspot.com/p/honesty-in-politics.html 21 See Center for Radical Honesty at: http://www.radicalhonesty.com 22 In Ex Parte Minister of Native Affairs in re: Yako v Beyi 1948 (1) SA 388 (A) Schreiner J.A. said lifestyle of is a choice of law factor. “Aside from an express choice of laws all connecting factors with conflict of personal laws are designed to determine, in an objective manner, the cultural orientation of the parties. Because the laws involved are conceived in terms of culture .... the connecting factors must be conceived in like terms. The most direct access to a person’s cultural leanings would clearly be his or her lifestyle.”
left and right, religious or atheist. I filed my submission to the TRC23 on 18 January 1999, wherein I detailed my willingness to donate my entire inheritance to facilitate sincere Truth and Forgiveness. I am separated (filed for divorce) from Demian Emile Johnson, who is, and has been, incarcerated in California Dept. of Corrections, for the entire duration of our marriage24. In addition to Radical Honesty I have been involved in non-violent civil disobedience actions on behalf of my former husband25, Greenpeace26, Amnesty Int’l, Pacific Inst. for Criminal Justice27, Jericho 9828, Crack the CIA29, The Disclosure Project30, New Abolitionist31, Justice for Timothy McVeigh32, Alliance for Democracy33, Boycott 2010 World Cup34, Right of Return to Europe for African White Refugees35, et al36. I am 43 years old, have never been on welfare, have used an IUD as contraception since the age of 19, and hence have never been pregnant, nor had an abortion. I have lived an ecological small footprint life; to avoid aggravating overpopulation, resource wars; materialist consumerism and resource depletion.37 6.
Applicant Applied to the Chief Justice [# 00138] of the Constitutional Court to proceed as an In Forma Pauperis Amicus, member of the Radical Honesty Culture
23
Submission to ‘Register of Reconciliation’ and donation to Presidents Fund for Reparations to assist victims of gross violations of human rights dated 18 January 199923 [PDF: www.scribd.com/doc/16224046] 24 98-05-31: Sun Times: US convict wins love and support in SA town, [PDF: www.scribd.com/doc/5503257]; 98-09-24: YOU & Huisgenoot: Volkrust FarmGirl Doomed Love for Black Convict, by Frans Kemp [PDF: www.scribd.com/doc/13270097] 25 RSA OVERSEAS: South African on hunger strike in California, by Ilda Jacobs 26 In Easter 1993, she was arrested with a few dozen Greenpeace activists in a Save Our Seas anti-nuclear demonstration at Sellafield, Nuclear Power station, in Scotland, for trespassing. She was neither charged nor prosecuted. See: Greenpeace’s Campaign Against Ocean Dumping of Radio-Active Waste, 1978 – 1998 (www.greenpeace.org). 27 98-07-04 Miami Herald: Police action harms image as protectors [PDF: www.scribd.com/doc/5503636] 28 Jericho 98 is the movement to Free America’s Political Prisoners. She participated in Jericho 98, wrote to President Mandela to request his support for the many Anti-Apartheid Activists whom the ANC conveniently forgot, rotting away in America’s prisons: Marilyn Buck, Jaan Laaman, Tom Manning, etc. She visited Marilyn Buck in prison a few times, helped where she could. 29 99-03-16: San Francisco Chronicle: CIA Class Action Suit For Not Reporting Drug Trade [PDF: www.scribd.com/doc/28391760] 30 Presidential UFO: George W. Bush’s UFO Mail: Are You Ready for the Revolution? [PDF: www.scribd.com/doc/33838621] 31 New Abolitionist: Race Traitor: Zero Tolerance [PDF: www.scribd.com/doc/5503955] 32 April 2001: New Abolitionist: Tim McVeigh and Me [PDF: www.scribd.com/doc/5508338] 33 In 2000, she was arrested & detained for 3 hours, with Brad Blanton, Ronny Dugger (founding editor of Texas Observer and Alliance for Democracy), & others in the Wash, DC, Capital of the Rotunda. Issue: Campaign Finance Reform. District Attorney declined to Prosecute. 34 09-12-17: IOL Tech.: Anti-SA Smear Campaign on Facebook [PDF: www.scribd.com/doc/24312359] 35 10-04-23: Algemene Dagblad: Zuid Afrikanen Smeken Om Wilders Hulp [PDF: www.scribd.com/doc/31036819] ; 10-04-25: Sunday Argus: SA family seeks repatriation to Netherlands [PDF: www.scribd.com/doc/31036819]; 10-04-30: Mail & Guardian: Persecuted Afrikaners Talk of Returning Home [PDF: www.scribd.com/doc/31036798]; 10-05-17: Christian Science Monitor: White South Africans use Facebook in Campaign to Return to Holland [PDF: www.scribd.com/doc/33839485] 36 On 17 Dec 1998, she was arrested at Oakland Federal Building, with anti-war protestors, who shut down the Federal Building for two hours. She was detained by Oakland Police for an hour, before being released. Alameda Co. District Attorney declined to prosecute. 1998-12-19 Beeld: SA `plaasmeisie' vas in VSA oor Golf-protes [PDF: www.scribd.com/doc/5504269] 37 The ecological footprint is a measure of human demand on the Earth's ecosystems. It compares human demand with planet Earth's ecological capacity to regenerate. It represents the amount of biologically productive land and sea area needed to regenerate the resources a human population consumes and to absorb and render harmless the corresponding waste. Using this assessment, it is possible to estimate how much of the Earth (or # of Earths) it would take to support humanity if everybody lived a given lifestyle. All we do, buy and breed has ecological consequences. Ecological Footprint, excluding ‘Child-Free’ factor (www.myfootprint.org/en/) is 13.16 gha. 38 PDF File: CCT 23-10: First Amicus: Lara Johnstone: [ www.scribd.com/my_document_collections/2303313 ]
and Religion, arguing that the ‘TRC was a fraudulent PR publicity stunt negligently conducted by SA’s political, academic, media and legal elite’39. Applicant was approved to proceed as an Amicus, by the Chief Justice, and denied In Forma Pauperis council.40 7.
The Applicant believes that certain aspects of the Applicants Radical Honesty – RSA Amicus before the Constitutional Court, may have affected the Plaintiffs or Defendants decision-making, in this matter, had they been aware of it. However as a result of massive media censorship, they are not. Accordingly Applicant wants to make sure that they are, should Applicants concerns be accurate.
8.
Furthermore if such issues would not have affected Plaintiffs or Defendants, it also may have may have affected the Magistrates decision-making, during conviction proceedings, to clearly ascertain for the record, which cultures the Plaintiffs and Defendants belonged to, and to clarify which legal system was being applied in the matter.
9.
For brevity purposes the Radical Honesty RSA Amicus Curiae is not included here, but can be provided to any party so requesting by email, or be downloaded at: Concourt 23-10: First Amicus: Radical Honesty -RSA: http://www.scribd.com/my_document_collections/2303313
10.
The Applicants Radical Honesty – RSA Amicus Curiae to the Constitutional Court is supported by the following expert witness Affidavits and Statements: A.
Written Statement by Consent of Brad Blanton, Ph.D, to testify as expert witness to: Practicing Radical Honesty and Futilitarianism; i.e. Radical Honesty about Anger and Forgiveness; and Paradigms and Contexts: The Revolution of Consciousness [PDF: www.scribd.com/doc/31989814]
B.
Written Statement by Consent of T. Michael Maher, Ph.D, to testify as expert witness for How and Why Journalists Avoid the PopulationEnvironment Connection and Media Framing and Salience of the Population Issue [PDF: www.scribd.com/doc/31373074]
C.
Affidavit of Brad Blanton, Ph.D, evidencing the legal, psychological, and
First Amicus: Proof of Email Service & Correspondence [ www.scribd.com/doc/33132159/ ] 39 Lara Johnstone, Member Radical Honesty Culture and Religion: Application to Chief Justice to proceed as an In Forma Pauperis Amicus Curiae, ITO Rule 10 (4). [ www.scribd.com/doc/28979161/ ] 40 CCT 23-10: Concourt Chief Justice Order: 03 May 2010: Amicus Directions: Lara Johnstone: Member Radical Honesty Culture and Religion [ www.scribd.com/doc/31036663/ ]
socio-political ‘citizens privilege’, Nuremberg Principles skills and competencies of Individual Responsibility, required for acts of civil disobedience to perceived illegitimate authority; and their application to the common law ‘reasonableness test; in terms of Criminal Procedure Act 51, of 1977: § 213: Proof of Written Statement by Consent; & § 171 & 172: Evidence on Commission [PDF: www.scribd.com/doc/33790671] 11.
In the circumstances, applicant sincere requests an order as set out in the notice of motion.
Signed and sworn to before Self, at 16:00 hours, on 29 July 2010, the Deponent acknowledges that she knows and understands the contents of this Affidavit.
_________________________ DEPONENT: LARA JOHNSTONE First Amicus, Pro Se PO Box 5042, George East, 6539 Cel: (071) 170 1954 Email: jmcswan@mweb.co.za
IN THE BLOEMFONTEIN MAGISTRATES COURT Case #: 21-709-08 State v. Schalk van der Merwe
First Defendant
Johnny Roberts
Second Defendat
RC Malherbe
Third Defendant
Danie Grobler
Fourth Defendant
AFFIDAVIT: PROOF OF SERVICE
I the undersigned, LARA JOHNSTONE do hereby make oath and say: 1.
I served the Notice of Motion, dated 29 July 2010, and Founding Affidavit of Lara Johnstone, Radical Honesty – RSA, dated 29 July 2010, to the COUNSEL FOR THE STATE, State Prosecutor Johan Kruger, by facsimile, at 16:26 hours on 29 July 2010. The facsimile address to which I delivered the documents is (051) 448 2671, which is the facsimile for the Counsel’s principal place of business in this matter, the National Prosecuting Authority offices in Bloemfontein’s, which is the correct facsimile for State Counsel.
2.
I served the Notice of Motion, dated 29 July 2010, and Founding Affidavit of Lara Johnstone, Radical Honesty – RSA, dated 29 July 2010, to the COUNSEL FOR THE DEFENCE, Attorney Christo Dippenaar, by facsimile, at 16:41 hours on 29 July 2010. The facsimile address to which I delivered the documents is (051) 430 2664, which is the facsimile for the Counsel’s principal place of business in this matter, the Attorney’s Offices for Mr. Christo Dippenaar which is the correct facsimile number.
3.
I served the Notice of Motion, dated 29 July 2010, and Founding Affidavit of Lara Johnstone, Radical Honesty – RSA, dated 29 July 2010, to the CHIEF MAGISTRATE, Chief Magistrate Mziwonke Hinxa, by facsimile, at 16:32 hours on 29 July 2010. The
facsimile address to which I delivered the documents is (051) 447 6854, which is the facsimile for the Chief Magistrate’s principal place of business in this matter, the Chief Magistrate’s offices, at Bloemfontein Magistrate’s court, which is the correct facsimile for Chief Magistrate Hinxa. 4.
I served the Notice of Motion, dated 29 July 2010, and Founding Affidavit of Lara Johnstone, Radical Honesty – RSA, dated 29 July 2010, to the CLERK OF THE COURT: Mrs. Botma, by facsimile, at 16:18 hours on 29 July 2010. The facsimile address to which I delivered the documents is (051) 506 1347, which is the facsimile for the Clerk of the Court, at Bloemfontein Magistrates court, which is the correct facsimile number.
Signed and sworn to before Self, at 17:25 hours, on 29 July 2010, the Deponent acknowledges that she knows and understands the contents of this Affidavit.
_________________________ DEPONENT: LARA JOHNSTONE First Amicus, Pro Se PO Box 5042, George East, 6539 Cel: (071) 170 1954 Email: jmcswan@mweb.co.za