Asked by the Customer on 31-03-2014 11:39:50
Question posted in the Property Law category relating to Free State
Question posted in the Property Law category relating to Free State
To whom it may concern
Dear Madam/Sir
REQUEST FOR LEGAL ADVICE AND COMPENSATED SERVICES OF THE PERSON DEALING WITH LEGAL PRACTICE BILL IN THE AREA OF BETHLEHEM MAGISTRATE COURT AND IN THE ASPECT OF EVICTION LAW & LETTERS OF AUTHORITY.
Refer to the above ILC is hereby contact the person within your Department attending to the Legal Practice Bill for some assistance in the matter between:
FUMANE ESTHER MABUYA APPLICANT
AND
TSHEPISO MOFOKENG 1st RESPONDENT
TANKISO MOFOKENG 2nd RESPONDENT
DINONO MOFOKENG 3rd RESPONDENT
ITUMELENG MOFOKENG 4th RESPONDENT
NALEDI MOFOKENG 5th RESPONDENT
THABISO MAHLASELA 6th RESPONDENT
DIHLABENG LOCAL MUNICIPALITY 7th RESPONDENT
ILC trust that you would take a note of these contents and answer the claim of Applicant in writing of Respondents's intention to defend this action, notice that the Respondents are hereby summoned since 31 October 2012, that you do within five (5) days of the service of this summons deliver or caused to be delivered to the Clerk of the Bethlehem Magistrate Court and also the Plaintiff or his Attorney, at address specified therein Case Number: 3389/12.
ILC is hereby responding to that summon addressed to our clients as herein this case referred to as the Respondents , which was handed over to ILC for advice and after careful assessment that ILC have done over the problem of Respondents and based on information on file, the ILC notes that the Respondents's complaint is a matter based on a cheating verbal agreement regarding outstanding monies owed to the Applicant. ILC has found that the Respondents's complaint should be dealt with by your Department and the ILC has referred this complaint on Respondents's behalf to your Department for further handling these allegations of ongoing abuse in the legal profession as the cause of action arose wholly within the Bethlehem Magistrate Court, notwithstanding due demands that the Respondents has denied liability of any debt owned to the Applicant and that they were not evicted by the lawful owner of the property in June 2013.
Please be informed that your Department is in a position to further investigate and finalize the Respondents's complaint as it does amount to a violation of Bill of Rights as defined in the Constitution Act No. 108 of 1996 and ILC's basis for referring this matter is premised on the provision of Legal Practice Bill of its Complaint Handling Procedures which find that everyone is equal before the law and has right to equal protection and benefit of the law and no one may be evicted from their home without an order of court made after considering all the relevant circumstances that it is further incorrect to say the Applicant's Letters of Authority was correctly issued because it obtained based on false information.
However your Department is encouraged to do more and find solution in that regards concerning proper Administration of Justice, because the Respondents's situation continues to be bad in the informal settlement or it became more worse when Respondents move out to the informal settlement and some of Respondents's household were damaged, lost or stolen during the eviction.
Here is the Respondents's problem and that the Respondents's problem is regarding the legal proceedings in the first case and in the Respondents's complaint, the Respondents allege that the Applicant did not reveal the Respondents's debts record and therefore the Respondents suspect that the Applicant is abusing the process of Eviction Order and violating the rights of the lawful owner by placing the lawful owner's full names and identity number incorrectly on the Letters of Authority, in other word, the applicant behaves as if she doesn't know the LAWFUL OWNER of the below-mentioned Property, PERSONALLY, a review is thereby requested in the second case to look at the proceedings in the first case and to come to a different decision in the second case because something about the proceedings in the first case was not correct and the Respondents suspect that they were not given a fair chance to explain themselves even after the evidence for the proof of the Lawful Owner of the Property Number: 9534 Ext 3, Bethlehem (Bohlokong), has as per the attached Deeds Registration System confirmed as Makhetha Mma Joshua Lillian with Identity Number: 380414 0116 080, not Majoshua Lillian Makhetha with Identity Number: 251218 0104 087, as reflected on the Letters of Authority Number: 203/2008 BETHLEHEM.
ILC believe that it was God, who else, had sent the Respondents in the right direction and who else had told the Respondents what to do with their problem that they have experienced because of the false statement provided by the Applicant in this matter. ILC received this Acknowledgement of Receipt of Complaint Ref: 755/10/2013 from your Department, as ILC was busy enquiring other stuff, part of which was passed on to the following people:
- Director of Legal Services in Gauteng who referred this matter to the Free State Regional Office, only to find out after all that hard work, there is no answer in this regard and tell me how can the ILC overcome some of these problems without a Legal Practitioner's advice, kindly let us have a courtesy of response before the Respondents takes any big steps in this case, make sure that the Legal Practitioner consult properly with the Respondents and the Legal Practitioner can only act with a Mandate from the Respondents.
All that ILC need to do was to PRAY, just PRAY, as ILC has been created out of the brain of born-again Christian with Roman Catholic Church, in the name of Father the Son and the Holy Spirit, ILC is registered nonprofit juristic entity established for a purpose of law and should serve the public interest based on this believe that became the realest truth in court that:
In this truth the God's Son Jesus Christ live and move and have my human being, this day use me and let me see your will for me as ILC member and be an alightment. Let me see the presence of your good in all people and situations and let me hear your voice to guide our thoughts and direct my actions and let me speak the truth in honour of your presence in this court, today we acknowledge that I am your child and within my body are the secrets of creation and the power of all that you are. You are the solid foundation of ILC upon which I stand and you are totally my existence and I live only to be of service to you and today I surrender my will to your divine essence, let it be so, as it is in heaven.
A first opportunity arose wholly within the Bethlehem Magistrate Court and ILC prayed in the light of the false information Applicant provided to your Department that your Department will remove the Applicant as a Master's Representative and so that the Applicant's claim would not affect the rights of the lawful owner of the above-mentioned property and God answered I doubted that it was not because of ILC's prayer, in this case I don't doubt that it was because of God's Son Jesus Christ. Amen.
A second opportunity arose wholly within the Bethlehem Magistrate Court and ILC again prayed in the light of the false information Applicant provided to your Department that your Department will request the Applicant to return the original Letters of Authority and to refrain Applicant from further using that Letters of Authority, so that the Applicant's claim would not affect the rights of the occupants of the above-mentioned property and again God answered again I doubted that it was not because of ILC's prayer, in this case again I don't doubt that it was because of God's Son Jesus Christ. Amen.
Please note that further legal proceedings in the second case will be gladly defendant and this matter must go on for trial, testing and observing the truth. If the Respondents's case is clear and Respondents wins their case. The applicant is required to return the Respondents's movable properties to the above-mentioned immovable property and pay compensation amount refers to an amount of money that a court may award the Respondents who have suffered loss or damage to their movable properties, including money of rent Respondent paid to the Applicant for period of 4 years, as a result of a criminal act or omission by the Applicant who will be convicted of committing a crime of making false statement in the Letters of Authority as well as in the Eviction Order, by stealing someone's property with the intention of dealing illegal with renting of the above-mentioned RDP House.
Now ILC urge the Respondents to lay criminal charges against the Applicant and the Clerk of the Bethlehem Magistrate Court will assist the Respondents with the enforcement of the Compensation Order and to pursue an action against the Letters of Authority and Eviction Order.
Now it was because of this observation that the Respondents propose a special resolution to the Court that further give powers and authorization to the Respondents to initial, take temporary control of the assets of the estate of the late: Makhetha Mma Joshua Lillian with Identity Number: 380414 0116 080, on behalf of the rightful heir/heirs in their capacity as Respondents (with no place to stay), meanwhile, the file of the Master of Free State High Court will remain open in this matter until the right information of heir/heirs is provided to the Master's Office, as details of person who will take permanent control of the assets of the estate of the late: Makhetha Mma Joshua Lillian with Identity Number: 380414 0116 080 and the ILC sent this letter to the acting Chairperson of this Enquiry and to the Commission of Enquiry making them aware of these proposals, before they start asking questions or listening to both sides and both side may call witnesses to support their cases or they can bring evidence if they have any other one different to or better than Deeds Registration System.
If the Applicant being sued does not appear in the court, the court will continue with these proceedings, because the Deeds Registration System annexured herein with this complaint is taken in this matter as a proper proof of service to the Applicant to come and appear in court and on that note, specify place, date and time or all the person concerned shall be notified in writing in advance that they are required to attend this enquiry. Details of allegations shall be contained in the written notification, and the Applicant shall be informed of his/her right to assistance or representation at the enquiry. Should the Applicant choose not to be represented, this shall be recorded in the enquiry report.
Since this a legal matter, ILC went to speak to the Justice Centre in Bethlehem, who unfortunately could not help the Respondents. So now help me God, ILC next port of call was the Rules of Procedure for Judicial Review of Administrative Action, which was approved by Parliament on 17 February 2009, to ensure access to justice for all and the rules allow the Respondents, who has been negatively affected by decisions of South Africa Government, to approach the Bethlehem Magistrate Court to review those negative decisions, more importantly, this rules makes it possible for members of ILC to request reasons for particular decisions made in the first case, because the Respondents herein suspect that the Magistrate was corrupt and biased against them from the start of the first case and since it is legal practice that the Applicant follows the Respondents in the second case.
In view of the above the ILC refer to the Director of Court Operations Regional Office for further investigation and finalization because our file on this matter is officially closed and would be reviewed in a due coarse, the income therein trust account are non-distributable to ILC members except as reasonable compensation for service rendered in terms of the registration of Nonprofit Organisation Act 71 of 1997 and this matter is forwarded to the Director of Legal Service in Gauteng for his attention and inform the ILC of the outcome thereof accordingly to the decision of the acting Chairperson as appointed in terms of section 84(2)(f) of RSA Constitution Act, 1996.
Should you not be satisfied with the decision, you may lodge an appeal, in writing within 7 days of receipt of this notice, providing full reasons why the Magistrate Court Judgement in the first case should not be rescind with by the Magistrate Court Judgement in the second case and your appeal should be lodged with the National Office of International Laws Centre (ILC).
Your faithful
Mr T R M Mofokeng
Founder & Chief Executive
International Laws Centre (ILC)
Reg No: 049-727-NPO
Dear Madam/Sir
REQUEST FOR LEGAL ADVICE AND COMPENSATED SERVICES OF THE PERSON DEALING WITH LEGAL PRACTICE BILL IN THE AREA OF BETHLEHEM MAGISTRATE COURT AND IN THE ASPECT OF EVICTION LAW & LETTERS OF AUTHORITY.
Refer to the above ILC is hereby contact the person within your Department attending to the Legal Practice Bill for some assistance in the matter between:
FUMANE ESTHER MABUYA APPLICANT
AND
TSHEPISO MOFOKENG 1st RESPONDENT
TANKISO MOFOKENG 2nd RESPONDENT
DINONO MOFOKENG 3rd RESPONDENT
ITUMELENG MOFOKENG 4th RESPONDENT
NALEDI MOFOKENG 5th RESPONDENT
THABISO MAHLASELA 6th RESPONDENT
DIHLABENG LOCAL MUNICIPALITY 7th RESPONDENT
ILC trust that you would take a note of these contents and answer the claim of Applicant in writing of Respondents's intention to defend this action, notice that the Respondents are hereby summoned since 31 October 2012, that you do within five (5) days of the service of this summons deliver or caused to be delivered to the Clerk of the Bethlehem Magistrate Court and also the Plaintiff or his Attorney, at address specified therein Case Number: 3389/12.
ILC is hereby responding to that summon addressed to our clients as herein this case referred to as the Respondents , which was handed over to ILC for advice and after careful assessment that ILC have done over the problem of Respondents and based on information on file, the ILC notes that the Respondents's complaint is a matter based on a cheating verbal agreement regarding outstanding monies owed to the Applicant. ILC has found that the Respondents's complaint should be dealt with by your Department and the ILC has referred this complaint on Respondents's behalf to your Department for further handling these allegations of ongoing abuse in the legal profession as the cause of action arose wholly within the Bethlehem Magistrate Court, notwithstanding due demands that the Respondents has denied liability of any debt owned to the Applicant and that they were not evicted by the lawful owner of the property in June 2013.
Please be informed that your Department is in a position to further investigate and finalize the Respondents's complaint as it does amount to a violation of Bill of Rights as defined in the Constitution Act No. 108 of 1996 and ILC's basis for referring this matter is premised on the provision of Legal Practice Bill of its Complaint Handling Procedures which find that everyone is equal before the law and has right to equal protection and benefit of the law and no one may be evicted from their home without an order of court made after considering all the relevant circumstances that it is further incorrect to say the Applicant's Letters of Authority was correctly issued because it obtained based on false information.
However your Department is encouraged to do more and find solution in that regards concerning proper Administration of Justice, because the Respondents's situation continues to be bad in the informal settlement or it became more worse when Respondents move out to the informal settlement and some of Respondents's household were damaged, lost or stolen during the eviction.
Here is the Respondents's problem and that the Respondents's problem is regarding the legal proceedings in the first case and in the Respondents's complaint, the Respondents allege that the Applicant did not reveal the Respondents's debts record and therefore the Respondents suspect that the Applicant is abusing the process of Eviction Order and violating the rights of the lawful owner by placing the lawful owner's full names and identity number incorrectly on the Letters of Authority, in other word, the applicant behaves as if she doesn't know the LAWFUL OWNER of the below-mentioned Property, PERSONALLY, a review is thereby requested in the second case to look at the proceedings in the first case and to come to a different decision in the second case because something about the proceedings in the first case was not correct and the Respondents suspect that they were not given a fair chance to explain themselves even after the evidence for the proof of the Lawful Owner of the Property Number: 9534 Ext 3, Bethlehem (Bohlokong), has as per the attached Deeds Registration System confirmed as Makhetha Mma Joshua Lillian with Identity Number: 380414 0116 080, not Majoshua Lillian Makhetha with Identity Number: 251218 0104 087, as reflected on the Letters of Authority Number: 203/2008 BETHLEHEM.
ILC believe that it was God, who else, had sent the Respondents in the right direction and who else had told the Respondents what to do with their problem that they have experienced because of the false statement provided by the Applicant in this matter. ILC received this Acknowledgement of Receipt of Complaint Ref: 755/10/2013 from your Department, as ILC was busy enquiring other stuff, part of which was passed on to the following people:
- Director of Legal Services in Gauteng who referred this matter to the Free State Regional Office, only to find out after all that hard work, there is no answer in this regard and tell me how can the ILC overcome some of these problems without a Legal Practitioner's advice, kindly let us have a courtesy of response before the Respondents takes any big steps in this case, make sure that the Legal Practitioner consult properly with the Respondents and the Legal Practitioner can only act with a Mandate from the Respondents.
All that ILC need to do was to PRAY, just PRAY, as ILC has been created out of the brain of born-again Christian with Roman Catholic Church, in the name of Father the Son and the Holy Spirit, ILC is registered nonprofit juristic entity established for a purpose of law and should serve the public interest based on this believe that became the realest truth in court that:
In this truth the God's Son Jesus Christ live and move and have my human being, this day use me and let me see your will for me as ILC member and be an alightment. Let me see the presence of your good in all people and situations and let me hear your voice to guide our thoughts and direct my actions and let me speak the truth in honour of your presence in this court, today we acknowledge that I am your child and within my body are the secrets of creation and the power of all that you are. You are the solid foundation of ILC upon which I stand and you are totally my existence and I live only to be of service to you and today I surrender my will to your divine essence, let it be so, as it is in heaven.
A first opportunity arose wholly within the Bethlehem Magistrate Court and ILC prayed in the light of the false information Applicant provided to your Department that your Department will remove the Applicant as a Master's Representative and so that the Applicant's claim would not affect the rights of the lawful owner of the above-mentioned property and God answered I doubted that it was not because of ILC's prayer, in this case I don't doubt that it was because of God's Son Jesus Christ. Amen.
A second opportunity arose wholly within the Bethlehem Magistrate Court and ILC again prayed in the light of the false information Applicant provided to your Department that your Department will request the Applicant to return the original Letters of Authority and to refrain Applicant from further using that Letters of Authority, so that the Applicant's claim would not affect the rights of the occupants of the above-mentioned property and again God answered again I doubted that it was not because of ILC's prayer, in this case again I don't doubt that it was because of God's Son Jesus Christ. Amen.
Please note that further legal proceedings in the second case will be gladly defendant and this matter must go on for trial, testing and observing the truth. If the Respondents's case is clear and Respondents wins their case. The applicant is required to return the Respondents's movable properties to the above-mentioned immovable property and pay compensation amount refers to an amount of money that a court may award the Respondents who have suffered loss or damage to their movable properties, including money of rent Respondent paid to the Applicant for period of 4 years, as a result of a criminal act or omission by the Applicant who will be convicted of committing a crime of making false statement in the Letters of Authority as well as in the Eviction Order, by stealing someone's property with the intention of dealing illegal with renting of the above-mentioned RDP House.
Now ILC urge the Respondents to lay criminal charges against the Applicant and the Clerk of the Bethlehem Magistrate Court will assist the Respondents with the enforcement of the Compensation Order and to pursue an action against the Letters of Authority and Eviction Order.
Now it was because of this observation that the Respondents propose a special resolution to the Court that further give powers and authorization to the Respondents to initial, take temporary control of the assets of the estate of the late: Makhetha Mma Joshua Lillian with Identity Number: 380414 0116 080, on behalf of the rightful heir/heirs in their capacity as Respondents (with no place to stay), meanwhile, the file of the Master of Free State High Court will remain open in this matter until the right information of heir/heirs is provided to the Master's Office, as details of person who will take permanent control of the assets of the estate of the late: Makhetha Mma Joshua Lillian with Identity Number: 380414 0116 080 and the ILC sent this letter to the acting Chairperson of this Enquiry and to the Commission of Enquiry making them aware of these proposals, before they start asking questions or listening to both sides and both side may call witnesses to support their cases or they can bring evidence if they have any other one different to or better than Deeds Registration System.
If the Applicant being sued does not appear in the court, the court will continue with these proceedings, because the Deeds Registration System annexured herein with this complaint is taken in this matter as a proper proof of service to the Applicant to come and appear in court and on that note, specify place, date and time or all the person concerned shall be notified in writing in advance that they are required to attend this enquiry. Details of allegations shall be contained in the written notification, and the Applicant shall be informed of his/her right to assistance or representation at the enquiry. Should the Applicant choose not to be represented, this shall be recorded in the enquiry report.
Since this a legal matter, ILC went to speak to the Justice Centre in Bethlehem, who unfortunately could not help the Respondents. So now help me God, ILC next port of call was the Rules of Procedure for Judicial Review of Administrative Action, which was approved by Parliament on 17 February 2009, to ensure access to justice for all and the rules allow the Respondents, who has been negatively affected by decisions of South Africa Government, to approach the Bethlehem Magistrate Court to review those negative decisions, more importantly, this rules makes it possible for members of ILC to request reasons for particular decisions made in the first case, because the Respondents herein suspect that the Magistrate was corrupt and biased against them from the start of the first case and since it is legal practice that the Applicant follows the Respondents in the second case.
In view of the above the ILC refer to the Director of Court Operations Regional Office for further investigation and finalization because our file on this matter is officially closed and would be reviewed in a due coarse, the income therein trust account are non-distributable to ILC members except as reasonable compensation for service rendered in terms of the registration of Nonprofit Organisation Act 71 of 1997 and this matter is forwarded to the Director of Legal Service in Gauteng for his attention and inform the ILC of the outcome thereof accordingly to the decision of the acting Chairperson as appointed in terms of section 84(2)(f) of RSA Constitution Act, 1996.
Should you not be satisfied with the decision, you may lodge an appeal, in writing within 7 days of receipt of this notice, providing full reasons why the Magistrate Court Judgement in the first case should not be rescind with by the Magistrate Court Judgement in the second case and your appeal should be lodged with the National Office of International Laws Centre (ILC).
Your faithful
Mr T R M Mofokeng
Founder & Chief Executive
International Laws Centre (ILC)
Reg No: 049-727-NPO
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