Asked by the Customer on 16-04-2016 14:34:43
Question posted in the General Law category relating to Gauteng
Question posted in the General Law category relating to Gauteng
Hi. Extortion / Intimidation. I want to know wether the bringing of an interim protection order against me in terms of the protection from harassment act by someone to prevent me from complying with my legal duties in terms of other legislation, amounts to criminal extortion or intimidation. The person who did this is actually advised by her lawyers to continue with this approach and have now gone further by laying an intimidation charge with the SAPS against me. I have proceeded with my legal duties in terms of the FAIS Act and are debarring the person as she has been found guilty in the debarment hearing by an independent Advocate of the JHB Bar. I want to bring criminal charges against this person and report the attorney to the law society. Please advise
Message from the Attorney
Posted by Att. Patrick on 16-04-2016 15:25:03
Hi there and thank you for your question,
This is a further information request. Please continue in this same question conversation so that I can see your reply.
Criminal extortion is when somebody attempts to extort you to do something (or not to do something) and their attempts to do that are illegal. This is normally where their threats amount to violence. e.g. Do this or I will kill your mother. If you don't do that, I will kill your father.
Intimidation is similar except it is really a threat against you personally. e.g. If you don't give me this then I will hurt you.
I don't think that it could be argued that the launching of a protection application could ever amount to criminal extortion or intimidation.
What is the actual conduct that is being complained about? Perhaps you can give me some context so that I can understand the relationship between the parties, and what legal duties you are talking about?
I don't think that you can report this person's attorney to the law society for giving that person advice, whether the advice is right or wrong.
What act has this person been found guilty of?
Awaiting your further information.
Att. Patrick
This is a further information request. Please continue in this same question conversation so that I can see your reply.
Criminal extortion is when somebody attempts to extort you to do something (or not to do something) and their attempts to do that are illegal. This is normally where their threats amount to violence. e.g. Do this or I will kill your mother. If you don't do that, I will kill your father.
Intimidation is similar except it is really a threat against you personally. e.g. If you don't give me this then I will hurt you.
I don't think that it could be argued that the launching of a protection application could ever amount to criminal extortion or intimidation.
What is the actual conduct that is being complained about? Perhaps you can give me some context so that I can understand the relationship between the parties, and what legal duties you are talking about?
I don't think that you can report this person's attorney to the law society for giving that person advice, whether the advice is right or wrong.
What act has this person been found guilty of?
Awaiting your further information.
Att. Patrick
Message from the Customer
Hi Patrick
My legal duties as per the FAIS Act, Financial Advisory and Intermediary Services act, is inter alia to ensure that representatives on my financial services license remain fit and proper. These include honesty and integrity. One such representative purported to have a professional qualification and uses the registered designation unlawfully. She does not have the qualification and was found guilty by an independent debarment hearing. She was also found guilty of other transgressions amounting to dishonesty.
When I as, as the duly appointed Key Individual, instituted the disciplinary and debarment procedures, she, after the fact, brought this interim protection order against me accusing me of "making her continued employment impossible". Her affidavit in support of the ex parte interim protection order is full of lies and untruths - I am not concerned about this and will state my case on the return date. This is also used to put pressure on me to release her from her contractual restraints of trade.
She, her legal representative (a friend of hers) and her ex husband - both are also qualified attorneys on the non-practicing roll), are making up the "team" as I call them. When I followed through with the disciplinary and debarment processes, she laid a further charge of intimidation against me and another director of the company. There is no doubt that these actions were brought to "scare" me to the extend that I would not proceed with the said actions. Please note that the FAIS Act and the FSB do not allow Key Individuals any discretion in acting against dishonest representatives - the act and directives are clear - I MUST act. If not, my company and my licenses may be suspended / withdrawn.
One letter of from her attorney actually states that if I release their client from her restraints, "they foresee that the interim protection order may not be necessary" - Their actual words.
I hope this info assists
My legal duties as per the FAIS Act, Financial Advisory and Intermediary Services act, is inter alia to ensure that representatives on my financial services license remain fit and proper. These include honesty and integrity. One such representative purported to have a professional qualification and uses the registered designation unlawfully. She does not have the qualification and was found guilty by an independent debarment hearing. She was also found guilty of other transgressions amounting to dishonesty.
When I as, as the duly appointed Key Individual, instituted the disciplinary and debarment procedures, she, after the fact, brought this interim protection order against me accusing me of "making her continued employment impossible". Her affidavit in support of the ex parte interim protection order is full of lies and untruths - I am not concerned about this and will state my case on the return date. This is also used to put pressure on me to release her from her contractual restraints of trade.
She, her legal representative (a friend of hers) and her ex husband - both are also qualified attorneys on the non-practicing roll), are making up the "team" as I call them. When I followed through with the disciplinary and debarment processes, she laid a further charge of intimidation against me and another director of the company. There is no doubt that these actions were brought to "scare" me to the extend that I would not proceed with the said actions. Please note that the FAIS Act and the FSB do not allow Key Individuals any discretion in acting against dishonest representatives - the act and directives are clear - I MUST act. If not, my company and my licenses may be suspended / withdrawn.
One letter of from her attorney actually states that if I release their client from her restraints, "they foresee that the interim protection order may not be necessary" - Their actual words.
I hope this info assists
Message from the Attorney
Posted by Att. Patrick on 16-04-2016 23:21:05
Hi there,
I really don't understand how she could have obtained an interim protection order against you unless she lied to the court about the true facts. Typically a protection order is granted in terms of the Domestic Violence Act 1998 and the first requirement is that there needs to be some form of domestic relationship. e.g. man/wife, or living together. I assume that is not the case. You should therefore file an opposing affidavit with the court before the final order is granted, and you should appear in court on the date that the final order will be decided (it should be recorded in the interim order) and explain to the Magistrate why the interim order should not be made final. I think that you have a VERY good chance at getting the interim order discharged, especially if you're not in a relationship with her.
If she is going around laying charges against all and sundry, I think that she is actually the one who is attempting to intimidate you. She is obviously trying to engineer a situation where you promise not to tell anyone else about her not having a degree, and then she will leave you alone and withdraw all of the charges. She's trying to make your life difficult so that when she says "okay, let's just each walk away", you'll do it. Also, so that you will give into dropping the restraint.
I think that you need to deal with each issue separately.
1) The interim protection order - as you've stated. File an affidavit, explain the truth, make correspondence available to the Magisrate to prove that she's lying.
2) The police charges - explain the same thing to the police. File an affidavit, explain the truth. Once the police realise that you're not in a relationship with her, and once they see that she has just been dismissed, they will drop the investigations!
3) Same for your co-director.
4) I wouldn't bother trying to report her attorney to the law society. Based on what you've said they won't investigate it as he is not your attorney.
5) Regarding the criminal charges against her - you might be able to explain to the Investigating Officer that all of her attempts are really a way to intimidate YOU into dropping the restraint, and keeping quiet. That should be enough to get the IO to investigate her.
6) Regarding the FSB - I would report her actions to them. Explain in detail the outcome of the hearing, and why she was dismissed. They need to have it on record that she was dishonest.
I really don't understand how she could have obtained an interim protection order against you unless she lied to the court about the true facts. Typically a protection order is granted in terms of the Domestic Violence Act 1998 and the first requirement is that there needs to be some form of domestic relationship. e.g. man/wife, or living together. I assume that is not the case. You should therefore file an opposing affidavit with the court before the final order is granted, and you should appear in court on the date that the final order will be decided (it should be recorded in the interim order) and explain to the Magistrate why the interim order should not be made final. I think that you have a VERY good chance at getting the interim order discharged, especially if you're not in a relationship with her.
If she is going around laying charges against all and sundry, I think that she is actually the one who is attempting to intimidate you. She is obviously trying to engineer a situation where you promise not to tell anyone else about her not having a degree, and then she will leave you alone and withdraw all of the charges. She's trying to make your life difficult so that when she says "okay, let's just each walk away", you'll do it. Also, so that you will give into dropping the restraint.
I think that you need to deal with each issue separately.
1) The interim protection order - as you've stated. File an affidavit, explain the truth, make correspondence available to the Magisrate to prove that she's lying.
2) The police charges - explain the same thing to the police. File an affidavit, explain the truth. Once the police realise that you're not in a relationship with her, and once they see that she has just been dismissed, they will drop the investigations!
3) Same for your co-director.
4) I wouldn't bother trying to report her attorney to the law society. Based on what you've said they won't investigate it as he is not your attorney.
5) Regarding the criminal charges against her - you might be able to explain to the Investigating Officer that all of her attempts are really a way to intimidate YOU into dropping the restraint, and keeping quiet. That should be enough to get the IO to investigate her.
6) Regarding the FSB - I would report her actions to them. Explain in detail the outcome of the hearing, and why she was dismissed. They need to have it on record that she was dishonest.
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