12-12-11: CRL Rights Comm: Complaint: Concourt Registrar

1/6

Tel: +27 11 537 7600

Private Bag X 90 000, HOUGHTON, 2041 No. 158 Jan Smuts Avenue, 1st Floor, West Wing, Rosebank, Johannesburg Fax: +27 11 880 3495 ________________________________

Private Bag X 90 000, HOUGHTON, 2041 No. 158 Jan Smuts Avenue, 1st Floor, West Wing, Rosebank, Johannesburg Tel: +27 11 537 7600 Fax: +27 11 880 3495 ________________________________________________________________________________

COMPLAINT FORM Please read this complaint form and note at the back of this form before filling in this form. Please write clearly and use Capital letters and your own language of choice. If there is not enough space on this form for your response, please use a separate piece of paper and send it to us together with this form.

1.

Your Details (1-6 to be filled by everyone completing this form) First Name(s): Lara Surname: Johnstone E-mail: habeusmentem@mweb.co.za From which community: Radical Honesty culture and religion (Futilitarians)

2.

Your ID Number: 661204 012 086

(If you do not have an ID Number, what is your date of birth? If you do not know their birth, or how old are you?)

3.

Your address and contact details

Address where you live: 16 Taaibos Ave, Heatherpark, George, 6530 Address where we can send you letters to: P O Box 5042, George East, 6539 Telephone number at home: (044) 870 7239 Telephone number at work: (071) 170 1954 Cellular number/Any number where you can be contacted: (071) 170 1954 Fax number: (044) 870 7239

4.

If this is a complaint for an organization, please tell us about it

The name of the organization: Constitutional Court Registrar What is its relation to Culture, Religion or Language Rights?: The Constitutional Court Registrar is refusing to process my (A) application for Radical Honesty culture Review of the „Kill Boer‟ Hate Speech Negotiated Agreement between Afriforum/TAU-SA and Julius Malema/ANC; and (B) she is also refusing to submit my „cultural rights‟ request for leniency of „Rules of Court‟ appeal of her refusal to process my application to the Concourt Justices.

CRL Rights Commission - COMPLAINT FORM (English Version)

2/6

Who should we talk to? (A) Constitutional Court Registrar: Martie Stander, (B) Constitutional Court Director: Vic Misser What is their position? Registrar and Director, respectively (colleague, chairperson, director, secretary) The address where we can send letters to: Constitutional Court, 1 Hospital Street, Braamfontein, Johannesburg Telephone number: (011) 359 7400 Fax number: (011) 339 5098

5. Violation of CRL Rights Tell us which right(s) has/have been violated: 9. Equality: Everyone is equal before the law and has the right to equal protection and benefit of the law. … (3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. (4) *1 No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination. (5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.

34. Access to courts: Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.

30. Language and culture: Everyone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights.

Tell us what happened in relation to the violation: 1

On 27 November 2012, I filed a Pro Se application with the Constitutional Court Registrar, for Radical Honesty culture Review of the „Kill Boer‟ Hate Speech Negotiated Agreement between Afriforum/TAU-SA and Julius Malema/ANC, 2

3

wherein I specifically requested an order from the court, for the “Permission to invoke cultural law in S. 15(3), 30, 31, and 18; to enable the Applicant to honour the duty and responsibility to uphold the principles upon which her Radical 4

Honesty culture is based; and Psychological Integrity in Section 12 ; the former which may require the application of choice of law rules.”

On 29 November 2012, Concourt Registrar refused to issue my application a case number, or process it, unless I met 5

certain „Rules of the Court‟ (PDF ), which include filing 25 printed hard copies via land mail, and finding legal representation.

1

http://sqswans.weebly.com/cct-alien-v-afriforum.html 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.

3 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.‟ 4 12. Freedom and security of the person: (2) Everyone has the right to bodily and psychological integrity..

5 http://sqswans.weebly.com/uploads/1/3/8/7/13878165/12-11-29_concourt-registrar_letter_to_lara_johnstone.pdf 2

CRL Rights Commission - COMPLAINT FORM (English Version)

3/6 On 06 December 2012, I filed “Appeal of Concourt Registrar‟s Refusal to Process My Concourt Application: Alien on 6

Pale Blue Dot v Afriforum et al” (PDF ), to the Concourt Justices, via the Registrar.

Therein I request leniency from the Justices for these „Rules of Court‟, in that I am a Pro Se Radical Honesty PP4PP culture applicant, i.e: (A) I cannot find any lawyer to represent me, I have not been able to find any lawyer to represent me for the past ten years, because there are no lawyers or Advocates in South Africa who are willing to represent me, as a member of the Radical Honesty culture, and (B) all courts provide Pro Se applicants with more lenient rules, than those required of applicants who have legal representation; (C) my Ecocentric Pay the Price 4 Peace Peacenik (PP4PP) lifestyle means that I make sure that my consumption and procreation lifestyle does not exceed the carrying capacity of South Africa; (D) the Registrar appears to be discriminating against me, either because I am a Pro Se applicant, or because I am a member of the Radical Honesty culture, or both.

My appeal includes evidence of the letters I wrote to all Law Societies and Bar Associations asking them for the names of any lawyers who are willing to represent a member of the Radical Honesty culture; including a Press Release I submitted to the SAPA Press Wire, wherein I attempt to find a Radical Honesty lawyer (The media refused to print it, saying it is „not news‟, that I am unable to find a lawyer to represent a member of the Radical Honesty culture).

On 10 December, I enquired from Concourt Registrar: Ms Stander, when the Justices would be responding to my appeal.

She responded “I shall place your matter before the Justices for their consideration when you adhere to the Rules of Court. Kindly find the Rules of court attached hereto. I have marked the most important issues for your convenience.”

I responded: “I shall be happy to adhere to the 'War is Peace Whore' Rules of Court, once the Justices provide me with such an order. Have you provided the "Appeal of Concourt Registrar's Refusal to Process My Concourt Application: Alien on Pale Blue Dot v Afriforum et al." to the Justices? If so: Do they intend responding? If not: When do you intend informing the Justices of the "Appeal of Concourt Registrar's Refusal to Process My Concourt Application: Alien on Pale Blue Dot v Afriforum et al."?

She did not respond. So I submitted a request to the Concourt Director: Mr. Vic Misser: On Thursday 06 November I filed an appeal of Ms. Stander's Refusal to process my application, to the Justices.

ORDERS REQUESTED RELATED TO: 1.

Legal Aid: SA Lawyers decline to represent Radical Honesty culture 2.

Registered Documents: 25 Copies: Request Environmental Justification for such Abuse of Resources 3.

Radical Honesty Ecocentric 'Normal' Electronic Service Filing to Respondents 4.

Electronic Service Filing to Respondents Acknowledged as Received: Respondents 01, 02, 03, 04, 05, 06, 07, 09, 10.

5.

Request Orders for Respondents 08: CRL Rights Commission and 11: David Petraeus 6.

Registrar's Refusal of Case Number indicates a Registrar's Office that discriminates at Pro Se and/or Radical Honesty culture Applicants.

Can you please ask Ms. Stander if she is also refusing to provide the Justices with a copy of the appeal of her refusal to process the application?

If so, to provide such refusal on court letterhead?

6

http://sqswans.weebly.com/06-dec-app-reg.html

CRL Rights Commission - COMPLAINT FORM (English Version)

4/6

6. Is this problem still happening?

X

(mark appropriate box)

Yes

No

7. If NO, when did it happen?

DAY

MONTH

YEAR

WHAT TIME

(For example)

8. Where did it happen?

TOWN

PROVINCE

Johannesburg

Gauteng

9. Please tell us the name or names of the people who violated these rights (if you know) Constitutional Court Registrar: Martie Stander Constitutional Court Director: Vic Misser

10. Where can we contact them?

1 Hospital Street, Braamfontein, Johannesburg Tel: (011) 359-7400 || Fax: (011) 339-5098

11. If you do not know their names, please tell us anything you know about them Names provided above 12. In your own words, tell us exactly what happened. Include all the information you think is important (Please be as brief as possible) See Pt. 5 ______________________________________________________________________________ 13. Have you reported this case to anyone else?

Yes

CRL Rights Commission - COMPLAINT FORM (English Version)

No

5/6 If so, who?

(For example, - Police, Lawyers, Public Protector, Human Rights Commission, Commission on Gender Equality, Land Claims, South African Heritage Resources Agency, Provincial Heritage Resources) No. Not yet

14.

Can we use your name in news reports or letters we write for you?

Yes

No

15. Did anyone see what happened?

Its all documented in writing. _____________________________________________________________________________ (Their name(s) and how we can get in touch with them? Please only tell us about people who actually saw what happened. Do not tell us about people who heard about what happened from someone else)

16. Please tell us how you heard about the CRL Rights Commission (from a friend, from an ngo or cbo, radio advert, newspaper or poster)

Read about it in Constitution. ______________________________________________________________________________ COMMISSIONERS Rev/Dr W M Mabuza(Chairperson) ,Mama J Mabale (Deputy Chairperson) Comm. M Bethlehem, Comm M Jobson, Comm M Le Roux, Comm. M JMokgathle, Comm. S O Gabier, Comm D Moodley, Comm. A W Knoetze, Comm. C N Kok, Comm. G Martin, Comm . M D Mathebula, Comm . B P Mkhize, Comm. N S Zulu, Comm. M Tyatyeka, Kom. M C Neluvhnalani, Comm. P Ngove, Chief Exectuive Officer P S Moreroa.

17. Nationality/Citizen status (Please specify) South African ______________________________________________________________________________ 18. Impairment (IF YES, please specify) Yes, sort of, depending on your perspective. People in „normal culture‟ are easily offended by individuals from the Radical Honesty culture, because we do not practice „politeness‟ or „manners‟ or „public relations‟, and if we are angry, we don‟t pretend we are not angry, so we sometimes swear, if that is our honest opinion at that moment. A friend of mine, who is not a member of the Radical Honesty culture, says having a Radical Honesty friend, is similar to having a friend with „Tourettes Syndrome‟. ______________________________________________________________________________ 19. Literacy level (please specify) University & College: Paralegal Diploma, and a few University courses. Did not finish. ______________________________________________________________________________ CRL Rights Commission - COMPLAINT FORM (English Version)

6/6

What to do once you have filled in the form. Once you have filled in this form please post or fax it to us at:

OFFICE OF THE CHAIRPERSON CRL RIGHTS COMMISSION JOHANNESBURG- PRIVATE BAG X 90 000, HOUGHTON 2041 TEL: 011 -537 7600 FAX; 011 – 880 3495 If you fax this form, please post it to us as well.

Thank you for filling in this form. We will get back to you as soon as possible. If you have any queries, please call us and ask to speak to someone in the Unit FOR OFFICIAL USE Complaint Number: ______________________________________________________________________________ Date received: __________________________________________________________________________________ Received by: ___________________________________________________________________________________ Acknowledgement date: __________________________________________________________________________ Acknowledged by: _______________________________________________________________________________ COMMISSIONERS Rev/Dr W M Mabuza(Chairperson) ,Mama J Mabale (Deputy Chairperson) Comm. M Bethlehem, Comm M Jobson, Comm M Le Roux, Comm. M JMokgathle, Comm. S O Gabier, Comm D Moodley, Comm. A W Knoetze, Comm. C N Kok, Comm. G Martin, Comm . M D Mathebula, Comm . B P Mkhize, Comm. N S Zulu, Comm. M Tyatyeka, Kom. M C Neluvhnalani, Comm. P Ngove, Chief Exectuive Officer P S Moreroa.

CRL Rights Commission - COMPLAINT FORM (English Version)