On the eve of celebrating Human Rights Day in South Africa, Liberty Fighters Network (LFN) on 20 March 2018 hit a nail in our human rights’ coffin by having reported the Republic of South Africa to the African Commission for Human and Peoples’ Rights situated in Banjul, The Gambia for mass violation of our peoples’ rights relating to the rampant fraudulent Court process dilemma in all our Courts.
Reyno De Beer, national representative of LFN, stated in the complaint that 70% of all civil Court Orders could be fraudulent or unlawful directly impacting on all our people.
Bank securitization fraud is the main cause of this crisis where banks obtain judgments to repossess immovable properties very easily, but while they are not the owner of those bonds anymore yet those judgments are granted while our Judiciary is well aware of this issue.
Notwithstanding fraudulently obtained repossession orders, convicted criminals are also being released after their original Court files disappeared for a pending appeal.
"From around 50 executed eviction orders we have investigated in Johannesburg alone, not even one was lawfully issued according to LFN where the Court file was either lost or replaced with a duplicate one making verification almost impossible, the matter was never enrolled for hearing to enable a judge or magistrate to grant an order, the City of Johannesburg was never served with the eviction application, and in most of these cases the occupants claim that they were never aware of any eviction application." De Beer stated.
The whole saga started during 2016 when the National Prosecuting Authority (NPA), and specifically the National Director of Public Prosecutions (NDPP) Adv. Shaun Abrahams himself, blocked a criminal investigation by the Hawks involving a suspected fraudulent Court process for a commercial eviction in the High Court in Pretoria implicating two of its judges as possible accomplices.
"When the Hawks received the docket, they requested the NPA to only allocate a prosecutor to assist with the investigation, but instead of allocating a prosecutor the NPA just bluntly stated that it refuses to prosecute the matter without the Hawks conducting any investigation or reason given" says De Beer.
Abrahams was eventually formally requested to uplift the refusal to prosecute, but never did.
The two De Beer Brothers, launched an urgent High Court application during February 2017 against the NPA and Abrahams, even citing the State President and Minister of Justice and Correctional Services as interested parties, to force the NPA to uplift the blocking.
After a very suspicious change of a presiding judge to hear the matter at last minute the judge was of the view that the matter was not urgent after the Advocate of the NPA promised the Court from the bench that Abrahams would have given his decision by the end of February 2017.
That promise by Abrahams through his advocate never materialised and the De Beers then directly approached the Constitutional Court for leave to appeal stating various constitutional grounds for having done so.
In that application to our highest Court, the documents also made reference how the issue of fraudulent Court processes in our Courts was also reported to Chief Justice Mogoeng Mogoeng and refused to address the matter where he was subsequently reported to the South African Human Rights Commission (SAHRC).
The SAHRC acknowledged the seriousness of the complaint relating to the fraudulent Court process crisis in our Courts and tasked the Director of Court Administration to deal with it. Nothing ever happened.
On 2 May 2017 a full bench of the Constitutional Court delivered judgment in case number 60/2017 without any hearing that the application was dismissed and the only reason given was "it is not in the interest of justice at this stage to hear the matter." Only that.
Requests to the Constitutional Court to provide reasons for judgment was finally refused in a letter from the Registrar of the Constitutional Court on 23 May 2017.
After the De Beers have exhausted all available remedies locally by even going to the Constitutional Court and refusal of the State President and Minister to assist, the strain of evictions and arrest of occupants in Johannesburg the past month have sparked that the dysfunctional Court administration of our country is now handled by the African Union.
De Beer says further that the Constitutional Court violated our human rights by refusing to have addressed our concerns and giving reasons for the dismissal and its independence was also compromised by allowing that Chief Justice Mogoeng Mogoeng was part of the Court while he was mentioned as part of the problem in the papers before the Court.
The formal complaint to the African Commission can be downloaded from our website www.libertyfighters.co.za. Proof of receipt was also received.
Hopefully this will force our Government to urgently do something about these violations of our peoples’ rights and make the Courts more accessible to all without having to make use of an expensive legal team.
"There is no use of having the world’s best Constitution, but our people are unable to enforce their human rights in Court" says De Beer who is eagerly now awaiting the response of the African Commission.
Reyno De Beer
Liberty Fighters Network