SA & UN HRC

Human Rights Council Complaint Procedure Form

– You are kindly requested to submit your complaint in writing in one of the six official UN languages (Arabic, Chinese, English, French, Russian and Spanish) and to use these languages in any future correspondence;

– Anonymous complaints are not admissible;

– It is recommended that your complaint does not exceed eight pages, excluding enclosures.

– You are kindly requested not to use abusive or insulting language.

I. Information concerning the author (s) of the communication or the alleged victim (s) if other than the author

Individual Group of individuals NGO Other

Last name: ……… Slade

First name(s): ………….Andre Martin

Nationality: ……… South African

Address for correspondence on this complaint: ………..P. O. Box 1596, Mbazwana. 3974

Tel and fax: (please indicate country and area code) ……….+27 82 444 5841

E-mail: ……….andre@isdsa.co.za

Website: ……….http://www.wtfh.org

Submitting the complaint:

On the author’s own behalf:

On behalf of other persons: (Please specify: ………………..)

II. Information on the State concerned

Name of the State concerned and, as applicable, name of public authorities responsible for the alleged violation(s): …………..In Kazulu Natal South Africa. The Magistrates court of Ubomo.

III. Facts of the complaint and nature of the alleged violation(s)

The complaint procedure addresses consistent patterns of gross and reliably attested violations of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstances.

Please detail, in chronological order, the facts and circumstances of the alleged violations including dates, places and alleged perpetrators and how you consider that the facts and circumstances described violate your rights or that of the concerned person(s).

1. WE ARE HEBREWS FROM THE TRIBE OF JUDAH. DUE TO OUR BELIEFS WE LIVE AS CLOSE TO OUR ANCIENT BIBLICAL WAYS AS POSSIBLE IN MODERN TIMES. OUR MARRIAGES ARE CONDUCTED SPIRITUALLY AND HONOR IS OUR CONTRACT. IT IS OUR BELIEF THAT GOD MATCHES US UP FOR REASONS ONLY KNOWN TO HIM, WE ONLY SEE THEM AS OUR LIVES TOGETHER UNFOLDS. WE ARE NOT OF THE CATHOLIC SYSTEM SO WE CANNOT MARRY BY THEIR LAWS. THAT DOES NOT LEAVE US WITH ANY OPTIONS.

2. KATARINA KRIZANIOVA CAME HERE FROM SLOVAKIA IN 2012 AS A VOLUNTEER WHEN SHE JOINED MY 4 YEAR OLD WRITING PROJECT AS AN EU CERTIFIED GENIUS OF LOGICS WITH AN IQ OF 144.

THE IMMIGRATION ACT, 13 OF 2002 (AS AMENDED IN 2004) OF SA. PREAMBLE: In providing for the regulation of admission of foreigners to, their residence in, and their departure from the republic and for matters connected therewith, the immigration act aims at setting in place a new system of immigration control which ensures that—(a) temporary and permanent residence permits are issued as expeditiously as possible and on the basis of simplified procedures and objective, predictable and reasonable requirements and criteria, without consuming excessive administrative capacity. (d) economic growth (What about spiritual growth?) is promoted through the employment of needed foreign labour, foreign investment is facilitated, the entry of exceptionally skilled or qualified people is enabled, skilled human resources are increased, academic exchanges within the Southern African Development Community is facilitated and tourism is promoted;

WE TRIED TO APPLY FOR RESIDENCE FOR HER WHILE STILL LEGITIMATELY IN SA. SHE WAS DECLINED RESIDENCE OR AN EXTENDED VISA NO MATTER HOW WE TRIED WITH THE DEP OF HOME AFFAIRS. WE PUBLISHED DETAILS OF HER IMMIGRATION STATUS FOR PUBLIC SCRUTINY IN OUR BOOK IN 2014. WE DECIDED TO FACE THE CONSEQUENCES WHEN THEY ARISE AS WE HAVE OUR CONSTITUTION THAT WILL PROTECT US SO WE CARRIED ON WORKING. WE FELL IN LOVE AND BECAME ENGAGED ON 31/3/2014 WITH PARENTAL CONSENT OF MARRIAGE AFTER 3 YEARS TOGETHER AS IS CUSTOMARY TO OUR BELIEFS. OUR MARRIAGE IS TO BE CELEBRATED WITH A DINNER AND GUESTS.

3. WE ARE IN THE GUEST HOUSE INDUSTRY. CONSTITUTIONALLY WE ARE ALLOWED THE RIGHT OF ASSOSIATION WHICH WE DECLARED ON THE BASIS OF OUR SEGREGATION ON GOD’S ORDER AND CERTAIN INCIDENTS IN OUR HOUSE. OUR GUEST HOUSE BECAME THE VICTIM OF “RACISM” AND WAS SHUT DOWN. AS HEBREWS WE AVOID EXPOSURE TO PROSTITUTION, ALCOHOL AND VERBAL ABUSE AND THESE WE BROUGHT INTO OUR HOUSE.

4. AS NEIGBORS IN A PREDOMINANTLY ZULU COMMUNITY WE ARE VERY WELL LOVED AND ACCEPTED BY THEM. WE USED TO PROVIDE THEM WITH WATER AS WE HAVE A BOREHOLE. AROUND 10 000 LITERS PER DAY. THE ANC WHO SHUT US DOWN ALSO REMOVED THEIR DONATED 5000 LITER WATER TANK SHORTLY AFTER, MAKING IT IMPOSSIBLE TO CARRY ON PROVIDING WATER TO THEM.

5. WE WERE REDICULED BY THE MEDIA FROM ALL ANGLES BECAUSE OF OUR BELIEFS. THE HATE MAILS AND THREATS FROM PUBLIC AND THE ANC WERE UNBEARABLE, THREATENING TO BURN THE HOUSE DOWN AND KILL US. WE CANNOT DRIVE AROUND IN TOWN AS WE ARE ASSAULTED WITH STONES AND BOTTLES. THE MEC OF TOURISM OPENED A CASE OF CRIMEN INJURIA AGAINST BOTH OF US ON 18/08/2016.

6. ON THE SAME DAY SHE WAS ARRESTED ON THE CHARGE OF “ILLEGAL IMMIGRANT” (CASE #: 68/08/2016). SHE HAS BEEN HELD IN A POLICE HOLDING-CELL/PRISON TO DATE. THE CONDITIONS OF HER DETENTION ARE PITIFUL AND DEGRADING. WE HAVE A SPECIAL DIET SO I HAVE BEEN TAKING FOOD TO HER FOR ALMOST 4 MONTHS NOW. A 200KM TRIP FOR ME EVERY SECOND DAY. WE HAVE NOT HAD AN INCOME FOR 6 MONTHS NOW AND WE ARE BEING SUPPORTED BY FAMILY. THE PRISONERS SHE SHARES THE CELL WITH STEAL HER FOOD AND SHE HAS HAD SOME PHYSICAL FIGHTS. THE POLICE LAUGH AT HER WHEN SHE COMPLAINS ABOUT THE THEFT. THE CELL WAS SO DIRTY SHE COULD NOT STAND IN THE SHOWER SO SHE SHOWERS WITH SHOES ON. I PROVIDED CLEANING MATERIALS SO IT COULD AT LEAST BE A BIT MORE HYGIENIC. AT TIMES FOR AS LONG AS TEN CONSECUTIVE DAYS THERE IS NO WATER AND THE TOILETS FILL TO THE BRIM.

THE IMMIGRATION ACT, 13 OF 2002 Rule 49. (1)(a) Anyone who enters or remains in the Republic in contravention of this Act shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding three months.

7. WE ARE REGISTERED WITH THE COMMON LAW COURT OF SOUTH AFRICA, UZA, AS COMMON LAW CITIZENS. ON HER FIRST HEARING SHE TRIED TO EXPLAIN THIS TO THE MAGISTRATE. HE ASSESSED HER AS MENTALLY UNSTABLE AND CHANGED HER STATUS FROM ILLEGAL IMMIGRANT TO BEING DETAINED FOR PSYCHOLOGICAL EVALUATION. SHE IS AWAITING THIS EVALUATION ON 25/01/2017. THIS MEANS THAT SHE MAY NOT BE DETAINED AS SHE PLEADED NOT GUILTY OF BEING ILLEGAL ON THE GROUNDS THAT WE ARE NOT PART OF THE CORPORATE LEGAL SYSTEM AS JURISTIC INHABITANTS AND CANNOT BE JUDGED BY IT. IT IS OUR BELIEF THAT GOD PUT US TOGETHER FOR THE PURPOSE OF WRITING OUR BOOK WHICH WE BELEVE IS THE BOOK OF REVELATION 10. WE ALSO BELIEVE THAT I AM THE MESSIAH AND SHE IS MY WITNESS HENCE THE REASON FOR OUR BOOK AS PROOF. WE ALSO BELIEVE THAT WHEN GOD JOINS US, WE BECOME ONE FLESH AND THUS SPEAK AS ONE. GOD SAID THAT IF HE HAS JOINED US TOGETHER MAY NO MAN BREAK US ASUNDER.

8. TO DATE WE HAVE BEEN VIOLATED ON 12 COUNTS OF THE CONSTITUTION OF SOUTH AFRICA WHICH IS VERY SIMILAR TO THE UN HUMAN RIGHTS DECLARATION. THEY ARE AS FOLLOWS:

1. RULE 7. (1.) (2.)

2. RULE 8.

3. RULE 9.

4. RULE 10.

5. RULE 12. 1. (D.) (E.)

6. RULE 14. (D.)

7. RULE 15. (1)

8. RULE 18.

9. RULE 24. (A.) (B.)

10. RULE 33. (1)

11. RULE 35. 2. (B.) (C.)

12. RULE 38. (A.) (B.)

9. AT FIRST I WENT TO THE PUBLIC PROTECTOR BUT THEY REFERRED ME TO A COURT. I THEN APPLIED TO THE CONSTITUTIONAL COURT FOR ASSISTANCE BUT THEY HAVE NOT RESPONDED TO THREE APPLICATIONS OF “NOTICE OF MOTION”. I THEN WENT TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION. THEY SAID THEY WILL INVESTIGATE AND EVEN SENT A LETTER STATING THAT. I HAVE HAD NO RESPONSE FROM THEM EITHER SINCE. I LODGED A SECOND COMPLAINT ONLY THIS TIME NOT EVEN TO RECEIVE READ REPORTS FROM 3 DIFFERENT RECIPIENTS. I HAVE BEEN IGNORED BY THE SOUTH AFRICAN LEGAL SYSTEM IN EVERY WAY POSSIBLE

10. THE CONSTITUTION OF SOUTH AFRICA ALLOWS ME TO REPRESENT MYSELF AND MY SPOUSE IN COURT. UPON STATING THAT I WAS TO REPRESENT HER AS MY SPOKEN ENGLISH IS SUPERIOR TO HERS I WAS TOLD TO SIT DOWN OR FACE BEING ARRESTED FOR CONTEMPT OF COURT.

11. IN 2011 I WAS LIQUIDATED FOR NOT APPEARING IN HIGH COURT DURING A PREVIOUS CASE. THE SHERIFF OF THE UBOMBO COURT WAS SUPPOSED TO DELIVER MY SUMMONS TO APPEAR BUT DID NOT. IN THE LEGAL BATTLE WHICH FOLLOWED HE LODGED A SWORN AFFIDAVIT THAT HE DID DELIVER. ON CLOSER INSPECTION I NOTICED THAT THE DATE OF DELIVERY STATED ON THIS AFFIDAVIT WAS ON A SUNDAY AND IT IS ILLEGAL IN SOUTH AFRICA TO CONDUCT COURT DELIVERIES ON SUNDAYS. I OPENED A CASE OF PERJURY AGAINST HIM WITH THE SHERIFFS BOARD BUT NOTHING EVER CAME OF IT. I HAVE ALSO NOT BEEN COMPENSATED IN ANY WAY FOR THE HIGH LEGAL FEES I FACED TO CLEAR MY NAME.

12. ON 01/12/2016 THE COURT OF UBOMBO HEARING HELD AT MBAZWANA COURT EXTENDED HER DETENTION IN MANGUZI PRISON TO 19/01/2017 WHEN THE NEXT HEARING IS. A PERIOD SPANNING MORE THAN 30 DAYS WITHOUT, WHICH IS ALSO IN CONTRAVENTION OF THEIR LAWS. THE MAGISTRATE HOLDING HER ILLEGALLY IS A DISPLAY OF PRJUDICE TOWARDS US AND THE CONSTITUTION OF SOUTH AFRICA. TO DATE HE HAS NOT ALLOWED HER TO STATE OUR CASE. I AM IN COURT FOR HARBORING ON 15/12/2016.

WE THEN APPROACHED THE SLOVAC EMBASY TO INTERVENE AND REMOVE HER FROM THE COUNTRY BUT THEY WERE UNABLE TO DO ANYTHING.

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IV. Exhaustion of domestic remedies

1- Steps taken by or on behalf of the alleged victim(s) to exhaust domestic remedies– please provide details on the procedures which have been pursued, including recourse to the courts and other public authorities as well as national human rights institutions¹, the claims made, at which times, and what the outcome was:

HIGH COURT KZN RECEIVED AND NOTED: BILL OF PLAINT, PUBLIC NOTICE – SUPERSEDEAS PEREMTORY WRIT OF MANDAMUS AND COURT OF RECORD 01 ON 20/06/2014

SOUTH AFRICAN PUBLIC PROTECTOR RELPIED ON 05/10/2016 WITH REGARD TO OUR CONSTITUTIONAL VIOLATIONS AND HER ILLEGAL DETAINMENT. THEY REFERED ME TO A COURT AND SUGGESTED LEGAL AID.

I APPLIED FOR LEGAL AID BUT WAS TOLD THAT BECAUSE I HAVE PROPERTY I DO NOT QUALIFY.

CONSTITUTIONAL COURT OF SA RECEIVED AND NOTED ON 14/09/2016 OUR COMPLAINTS AND VIOLATIONS BUT HAVE NOT RESPONDED AT ALL.

CONSTITUTIONAL COURT OF SA RECEIVED AND NOTED ON 19/09/2016 OUR SECOND ATTEMPT OF COMPLAINTS AND VIOLATIONS BUT HAVE NOT RESPONDED AT ALL.

CONSTITUTIONAL COURT OF SA RECEIVED AND NOTED ON 11/11/2016 OUR COMPLAINTS AND VIOLATIONS BUT HAVE NOT RESPONDED AT ALL.

I SENT AN APPLICATION TO THE SOUTH AFRICAN HUMAN RIGHTS COMMITION AND RECEIVED A LETTER DATED 27/10/2016 THAT THEY WILL ASSESS THE COMPLANT AND ADVISE. I HAVE RECEIVED NO FURTHER COMMUNICATIONS FROM THEM.

I SENT A SECOND COMPLAINT ON 02/12/2016 WITH REGARD TO THE HEARING PERIOD OF MORE THAN 30 DAYS BUT IT WAS NOT NOTED BY ANY OF THE MEMBERS.

A BILL OF PLAINT WAS SENT TO UZA IN THIS REGARD AND WE ARE IN CONTACT BUT THEY SEEM TO BE SO BUSY, THEY KEEP POSTPONING OUR MEETINGS.

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2- If domestic remedies have not been exhausted on grounds that their application would be ineffective or unreasonably prolonged, please explain the reasons in detail:

…………………………

V. Submission of communication to other human rights bodies

1- Have you already submitted the same matter to a special procedure, a treaty body or other United Nations or similar regional complaint procedures in the field of human rights?

……………NO

2- If so, detail which procedure has been, or is being pursued, which claims have been made, at which times, and the current status of the complaint before this body:

…………………………

VI. Request for confidentiality

In case the communication complies with the admissibility criteria set forth in Council resolution 5/1, kindly note that it will be transmitted to the State concerned so as to obtain the views of the latter on the allegations of violations.

Please state whether you would like your identity or any specific information contained in the complaint to be kept confidential.

Request for confidentiality (Please tick as appropriate): Yes No

Please indicate which information you would like to be kept confidential

Date: ………………… 10/12/2016 Signature: …………………….Andre Martin Slade

N.B. The blanks under the various sections of this form indicate where your responses are required. You should take as much space as you need to set out your responses. Your complaint should not exceed eights pages.

VII. Checklist of supporting documents

Please provide copies (not original) of supporting documents (kindly note that these documents will not be returned) in one of the six UN official languages.

– Decisions of domestic courts and authorities on the claim made (a copy of the relevant national legislation is also helpful):

– Complaints sent to any other procedure mentioned in section V (and any decisions taken under that procedure):

– Any other evidence or supporting documents deemed necessary:

VIII. Where to send your communications?

Office of the United Nations High Commissioner for Human Rights

Human Rights Council Branch-Complaint Procedure Unit
OHCHR- Palais Wilson

United Nations Office at Geneva
CH-1211 Geneva 10, Switzerland
Fax: (+41 22) 917 90 11
E-mail: CP@ohchr.org

Website: http://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspx

The SAHRC will assess this compliant.

Case #: KZ/1617/0243

 

SOUTH AFRICAN HUMAN RIGHTS COMMISSION

COMPLAINT FORM

For office use only

Province:

City/Town:

Reference No

• Please write clearly and use CAPITAL LETTERS. If there is not enough space on this form for your answer, please use a separate page and send it to us together with this form.

• If there is more than one person who would like to send a complaint to us, each person must complete a separate form

PART A: YOUR DETAILS

1. Name and surname

Your full name(s) and surname: ANDRE MARTIN SLADE

Your nickname(s), if any: ENKI

2. ID number

Your ID number: 6206065168087

3. Race (information required for statistical purposes only)

Please state your race: CAUCASIAN

4. Gender (information required for statistical purposes only)

Please state whether you are male or female: MALE

5. Address and contact numbers

The address where you live: SODWANA BAY MAIN ROAD, EMOYENI.

Postal Code: 3974

The address where we can send letters to: P. O. BOX 1596, MBAZWANA.

Postal Code: 3974

Telephone number at work: 082 444 5841

Telephone number at home: N/A

Cell phone number: 0824445841

Any other telephone number where we can contact you: NONE

Whose telephone number is it: N/A

Fax number: N/A

E-mail address: ANDRE@ISDSA.CO.ZA

PART C: THE COMPLAINT

12. Date

On what date did it happen: 23 JUNE 2016

13. Is it still happening

YES

14. Where did it happen

Place: SODWANA BAY GUEST HOUSE. TOWN: MBAZWANA. PROVINCE: KZN

15. If you know, which right(s) in the Bill of Rights was/ were violated or is/are being violated

1. RULE 7. (1.) (2.)

2. RULE 8.

3. RULE 9.

4. RULE 10.

5. RULE 12. (e.)

6. RULE 15. (1)

7. RULE 18.

8. RULE 24. (a.) (b.)

9. RULE 33. (1)

10. RULE 35. 2. (b.) (c.)

11. RULE 38. (a.) (b.)

16. If you know, the full name(s) and surname(s) of person(s), association, organisation or organ of state who violated these rights, please tell us

MEC OF TOURISM FOR KWAZULU-NATAL, SIHLE ZIKALALA, SA POLICE, THE UBOMBO COURT, THE CONSTITUTIONAL COURT.

17. Where can we contact them

_____________________________________________________________________

18. If you do not know his/her/its/their names, please tell us anything you do know about him/her/it/them

______________________________________________________________________

19. Did anybody see or hear what happened (only people who actually saw or heard what happened, not people who heard about it from someone else)

Full name(s) and surname(s) . IT WAS ON MOST RADIO STATIONS AND SABC TV.

How and where can we get in touch with them ________________________________

20. In your own words, tell us exactly what happened (include all information but be as brief as possible)

1. DUE TO OUR BELIEFS (RULE 15) WE DECLARED OUR RIGHT OF ASSOCIATION (RULE 18) TO NO LONGER ACCOMMODATE BLACKS AND GOVERNMENT AGENTS IN OUR GUEST HOUSE. THE DECISION TO DO SO WAS TAKEN ON THE GROUNDS OF OUR BELIEF AND DUE TO NON PAYMENT, PROSTITUTION AND ARROGANCE BROUGHT INTO OUR HOUSE.

2. THE MEC PUBLICLY STATED THAT HE WAS TO SHUT OUR BUSINESS DOWN, SO WE CLOSED OUR DOORS.

3. TAKING THE IMMIGRATION ACT, 13 OF 2002 (AS AMENDED IN 2004) INTO ACCOUNT; MY COMMON LAW FIANCÉE WAS INCAPABLE OF GETTING RESIDENCE OR AN EXTENDED VISA NO MATTER HOW WE TRIED WITH HOME AFFAIRS. WE ALSO ADVERTISED FOR THE POSITION I HAD OFFERED HER AS CO-AUTHOR OF OUR BOOK AS HER IQ IS 144. WE DECIDED THAT WHEN IT GETS INTO COURT THE CONSTITUTION SHOULD PROTECT US AND OUR BELIEFS. SHE IS FROM SLOVAKIA AND CAME HERE AS VOLUNTEER IN 2012 WHEN WE FIRST MET. UPON HER RE-ENTRY IN MARCH 2014 I WAS INTRODUCED TO HER PARENTS RESULTING IN OUR ENGAGEMENT ON 31/03/2014. MORE TRIPS TO HOME AFFAIRS RESULTED WITHOUT AS MUCH AS A PAPER-TRAIL BEING STARTED. SHE IS AN EU CERTIFIED GENIUS WHICH SHOULD ALLOW HER AT LEAST CONSIDERATION ACCORDING TO THE IMMIGRATION ACT, AS OUR MARITAL TRADITION IS NOT CATERED FOR. WE ALERTED TWO LOCAL AUTHORITIES THAT BEING; ANC COUNCILOR NTSELE AND THE INDUNA PATRIC JABULANI.

4. SHE WAS FINALLY ARRESTED ON 18/08/2016 (CASE #: 68/08/2016) AFTER A CRIMEN INJURIA CASE WAS OPENED AGAINST BOTH OF US AND HAS BEEN HELD IN A HOLDING CELL NOT FIT FOR ANY SELF RESPECTING HUMAN BEING EVER SINCE (RULE 35. 2. C.). SHE/WE HAVE NOT BEEN ALLOWED TO DEFEND OURSELVES SINCE SHE CORRECTLY PLEADED “NOT GUILTY” IN ACCORDANCE TO THE BIBLE AND GOD’S PROMISE TO US. THE CASE HAS BEEN POSTPONED FOR VARIOUS REASONS BUT MAINLY COURT/LAWYER IGNORANCE AND PREJUDICE. SHE DID NOT TAKE BAIL AS ACCORDING TO CORPORATION RULES, SHE DID COMMIT ONE OFFENSE. WE ALSO HAVE NO MONEY FOR BAIL. IN COURT I STOOD UP TO PRESENT MYSELF AS OUR DEFENSE BUT WAS IMMEDIATELY SHUNNED, LAUGHED AT AND TOLD TO SIT DOWN (RULE 35. 1. D. RULE 38. A. B.). NOT BEING AN ATTORNEY REGISTERED TO MARITIME LAW, WAS THE REASON I WAS NOT ALLOWED TO DEFEND US. SHE IS FLUENT IN ENGLISH IF SPOKEN TO CLEARLY BUT THE JUDGE MUMBLES TO SUCH AN EXTENT THAT NOT EVEN I CAN HEAR OR COMPREHEND HIM.

5. WE ARE HEBREW AND WE FOLLOW GOD’S LAWS; THAT MEANS WE DO NOT EAT GENETICALLY MODIFIED “FOOD” OR PRESERVATIVES LIKE MSG WHICH IS ALL THAT IS ON OFFER WHERE SHE HAS BEEN HELD FOR ALMOST AS LONG AS MAXIMUM PENALTY FOR HER OFFENSE. I TAKE FOOD TO HER EVERY SECOND DAY; A 200KM DRIVE FOR ME. AT TIMES THE CELL IS SO FULL, SHE SLEEPS IN THE OUTER COURT. THEY SPEND EXTENDED PERIODS OF TIME WITHOUT WATER AND THE TOILET FILLS TO THE BRIM (RULE 35. 2. C.). SHE CANNOT STAND IN THE SHOWER BECAUSE THE FLOOR IS PUTRID AND SHOWERS WITH SHOES ON (RULE 10). I HAVE SUPPLIED ALL CLEANING MATERIALS SO SHE COULD AT LEAST CLEAN THE PLACE A BIT.

6. WE ARE PUBLISHED AUTHORS OF THE SUBJECT HUMANITY; WE FOLLOW GOD’S RULES/TORAH TO THE UTMOST. THEREFORE, WE CANNOT BE MARRIED IN A CHURCH OR COURT; THEY ARE FROM THE SAME BASIC INSTITUTION (CATHOLIC), NOT IN LINE WITH OUR BELIEF OR LEGAL SYSTEM. THE MERE MENTION OF OUR BELIEFS HAS MADE THE COURT DECIDE THAT SHE NEEDS PSYCHIATRIC EVALUATION AND IS ABOUT TO BE SENT TO FORT NAPIER (RULE 33. 1.); A SECOND ATTEMPT. APPOINTMENTS HAVE A LONG WAITING LIST AND I HAVE NO WAY OF GETTING FOOD TO HER THERE. THE CASE WAS POSTPONED ONCE AGAIN TODAY, 24/10 TO REAPPEAR ON 03/11. I WILL BE STANDING UP FOR MY RIGHT THEN AS PER THE CONSTITUTION (RULE 38. A. B. D.).

7. I HAVE HAD A PREVIOUS ISSUE WITH THE UBOMBO COURT (perjury) AND WAS LIQUIDATED (CASE# 10121/2011) AS A RESULT OF THEIR PREJUDICE (K11/1.UBOMBO/01/NS). THIS WAS NEVER ADDRESSED NOR FINALIZED AND I HAVE NOT BEEN COMPENSATED FOR HIGH LEGAL FEES I FACED. FURTHER MORE: THE KZN HIGH COURT AND UBOMBO COURT HAVE ACKNOWLEDGED THE FOLLOWING DOCUMENT ENTRIES: BILL OF PLAINT, PUBLIC NOTICE – SUERSEDEAS PEREMPORY WRIT OF MANDAMUS AND COURT OF RECORD 01” ON 16/05/2014, UBOMBO COURT AND ON 20/06/2014, THE KZN HIGH COURT, CASE # 1012/11. THESE DOCUMENTS SERVE AS OUR OFFICIAL DE-REGISTRATION AS CITIZENS OF THE CORPORATION OF SOUTH AFRICA (EDGAR/SEC) FORMERLY THE REPUBLIC OF SOUTH AFRICA, AS DEMOCRACY DOES NOT EXIST IN A CORPORATION (RULE 7) AND WE DO NOT WORK FOR THE IT. THAT GOES FOR BOTH OF US BECAUSE BY GOD’S COMMAND WE BECOME ONE FLESH (GEN 2: 24, EPHESIANS 5: 31). WE HAVE CERTIFIED DUPLICATES IN A SEALED REGISTERED ENVELOPE OF THESE DOCUMENTS.

8. THE USE OF THE OATH IN A COURT OF LAW TIES THE STATE TO THE BIBLE. IF IT IS NOT HONORED, IT IS EXTREME PREJUDICE. EVERYONE HAS EQUAL RIGHT IN LAW AND OUR LAW AS A FREE PEOPLE ON THE LAND IS COMMON LAW, AN INTERMEDIARY SYSTEM BASED ON GOD’S LAWS. WHERE TO FROM HERE IF GOD’S LAW IS NOT RECOGNIZED AND WE CANNOT STAND UP FOR IT TO BE SO?

21. Have you reported the matter to anyone else

YES

If yes, who (e g Police, lawyer, Public Protector). POLICE, PUBLIC PROTECTOR, CONSTITUTIONAL COURT, EMBASSY OF SLOVAKIA.

22. Were any steps taken by the person/association/organisation/organ of state to resolve the matter

NO

If yes, please tell us what __________________________________________________

23. What outcome do you propose or expect from this complaint (tell us what you would like to achieve with this complaint and the relief sought)

1. HER IMMEDIATE RELEASE AND ALL CHARGES DROPPED.

2. THAT THE COMMON LAW BE DEVELOPED AS PER THE CONSTITUTION (RULE 8. 3. A.). IT IS A LAW OF GOD THAT WHOEVER HE PUTS TOGETHER MAY NO MAN BREAK ASUNDER. OUR MEETING HAS BEEN PROVEN (OUR BOOK) TO BE NO COINCIDENCE AND GOD SAID THAT WE BECOME ONE FLESH.

3. WE ARE TO BE MARRIED AND I DO NOT HAVE ANY INTENTION OF LEAVING SA SO NOR DOES SHE. IN ACCORDANCE TO THE IMMIGRATION ACT, SHE HAS TO BE ISSUED A PERMANENT RESIDENCE PERMIT AT THE VERY LEAST TO START WITH.

24. Do you need an interpreter when attending any proceedings, investigations or hearing at our offices

NO

If yes, the language you speak ______________________

NOTE: Article 40 of the Human Rights Commission Complaints Handling Procedures provides that all proceedings, investigations and hearings will be conducted in English, unless you request that the proceedings be conducted in another official language.

25. Can we use your name in news reports or letters we write regarding this matter/complaint

YES

NOTE: Article 8 of the Human Rights Commission Complaints Handling Procedures provides that you may request that your personal particulars be kept confidential and not be disclosed to any person outside the South African Human Rights Commission’s office in order to protect your identity.

26. Please tell us how you heard about the South African Human Rights Commission (e g radio advert, newspaper, poster, from a friend, etc)

I have a friend psychologist who advised me. He also told me that Fort Napier has a bad reputation.

______________________________ _____________________

Signature/mark of complainant Date

________________________________

(on behalf of yourself, another person,

association, organisation or organ of state)

If on behalf of another person (including a child or a person with a mental disability),

association, organisation or organ of state:

________________________________

Signature of representative, parent,

appropriate adult or guardian

Second.

This was filed with SAHRC and LHR on 2/12/2016 but We did not receive read reports back from neither.

 

PART C: THE COMPLAINT

12. Date

On what date did it happen: 18/8/2016

13. Is it still happening

YES

14. Where did it happen

Place: SODWANA BAY GUEST HOUSE. TOWN: MBAZWANA. PROVINCE: KZN

15. If you know, which right(s) in the Bill of Rights was/ were violated or is/are being violated

1. RULE 7. (1.) (2.)

2. RULE 8.

3. RULE 9.

4. RULE 10.

5. RULE 12. 1. (D.) (E.)

6. RULE 14. (D.)

7. RULE 15. (1)

8. RULE 18.

9. RULE 24. (A.) (B.)

10. RULE 33. (1)

11. RULE 35. 2. (B.) (C.)

12. RULE 38. (A.) (B.)

16. If you know, the full name(s) and surname(s) of person(s), association, organisation or organ of state who violated these rights, please tell us

THE UBOMBO COURT, THE JUDGES, THE STATE PROSECUTORS, THE STATE LAWYER, MS ZIKALALA AND IMMIGRATION OFFICER WAGHENI FROM DHA.

17. Where can we contact them

IMMIGRATION OFFICER WAGHENI. CELL: 0833968588

18. If you do not know his/her/its/their names, please tell us anything you do know about him/her/it/them

HE IS THE IMMIGRATION OFFICER AT MBAZWANA DEP. OF HOME AFFAIRS.

19. Did anybody see or hear what happened (only people who actually saw or heard what happened, not people who heard about it from someone else)

Full name(s) and surname(s) . THE MBAZWANA COURT HEARING FOR CASE #: 68/08/2016.

How and where can we get in touch with them: ANDRE FROM THE “MAAKNJOL” INCIDENT WAS IN COURT. THE REST ARE ALL NOTED ABOVE BAR WAGHENI AS WELL AS MY FIANCÉE, KATARINA KRIZANIOVA CURRENTLY IN A HOLDING-CELL IN EMANGUZI. KZN

20. In your own words, tell us exactly what happened (include all information but be as brief as possible)

1. DUE TO OUR BELIEFS (RULE 15) WE LIVE AS CLOSE TO OUR ANCIENT WAYS AND POSSIBLE IN MODERN TIMES. OUR MARRIAGES ARE CONDUCTED IN A MORE SPIRITUAL WAY. IT IS OUR BELIEF THAT GOD MATCHES US UP FOR REASONS ONLY HE KNOWS AT THE TIME.

2. SHE CAME HERE FROM SLOVAKIA IN 2012 WHEN SHE JOINED MY 4 YEAR OLD WRITING PROJECT AS A CERTIFIED GENIUS OF LOGICS WITH AN IQ OF 144. TAKING THE IMMIGRATION ACT, 13 OF 2002 (AS AMENDED IN 2004) INTO ACCOUNT; MY COMMON LAW FIANCÉE WAS INCAPABLE OF GETTING RESIDENCE OR AN EXTENDED VISA NO MATTER HOW WE TRIED WITH HOME AFFAIRS. WE PUBLISHED DETAILS OF HER IMMIGRATION STATUS FOR PUBLIC SCRUTINY IN OUR BOOK IN 2014. THERE WAS NONE. WE HAVE GONE TO THE EXTREME TO GET YOUR ATTENTION ON OUR SITUATION.

4. SHE WAS ARRESTED ON 18/08/2016 (CASE #: 68/08/2016). SHE HAS BEEN HELD IN A HOLDING-CELL/PRISON (RULE 35. 2. C.) TO DATE. I SAID IN THE PREVIOUS STATEMENT “IGNORANCE AND PREJUDICE”. ON 1/12, AT HER PROCEDURAL HEARING, I STOOD UP TO BE HEARD WRT OUR LEGAL STATUS I.E. COMMON LAW AND THE ASSESSMENT OF THE SAHRC OF THEIR COURT FOR PERJURY AND PREJUDICE. I WAS IGNORED AND SPOKEN OVER, THEN HUSHED OUT OF COURT. UPON STUDYING YOUR LETTER DATED 27 OCTOBER 2016, ZIKALALA REMARKED THAT IT WAS WORTHLESS.

5. SA DETENTION LAW: “SECTION 34 OF THE IMMIGRATION ACT ESTABLISHES THE GROUNDS AND PROCEDURES RELATED TO THE DETENTION AND DEPORTATION OF “ILLEGAL FOREIGNERS.” IT AUTHORIZES ONLY IMMIGRATION OFFICERS, WHO ARE PART OF THE DEPARTMENT OF HOME AFFAIRS (DHA), TO DETAIN ILLEGAL FOREIGNERS FOR THE PURPOSE OF DEPORTATION. IT PROVIDES THAT SUCH DETENTION SHALL BE AT A PLACE “UNDER THE CONTROL OR ADMINISTRATION” OF DHA. DETAINEES MUST BE NOTIFIED IN WRITING THAT THEY HAVE BEEN DETAINED FOR THE PURPOSES OF DEPORTATION, AND UPON REQUEST MUST BE PROVIDED WITH CONFIRMATION THAT HE OR SHE HAS BEEN ISSUED A COURT WARRANT. IF THIS IS NOT PROVIDED WITHIN 48 HOURS, THE DETAINEE IS TO BE IMMEDIATELY RELEASED. PEOPLE DETAINED FOR THE PURPOSES OF DEPORTATION CAN BE HELD FOR NO LONGER THAN 30 DAYS, A PERIOD THAT CAN BE EXTENDED FOR 90 ADDITIONAL DAYS UPON ISSUANCE OF A COURT WARRANT STATING “GOOD AND REASONABLE GROUNDS” FOR THE EXTENSION. PEOPLE DETAINED FOR IMMIGRATION REASONS OTHER THAN DEPORTATION CAN NOT BE HELD FOR MORE THAN 48 HOURS.”

6. “DETENTION AT POLICE STATIONS AND BORDER POSTS IS NOT CONSIDERED AD HOC WHEN A PERSON IS DETAINED UNDER WARRANT FROM THE DHA, OR WHEN THE LENGTH OF DETENTION FOR SUSPECTED IMMIGRATION VIOLATIONS (WITHOUT WARRANT FROM DHA) IS LESS THAN 48 HOURS, THE AMOUNT OF TIME GIVEN AUTHORITIES TO INVESTIGATE ALLEGATIONS UNDER THE CRIMINAL PROCEDURES ACT (COTE 2009).”

7. ON 1/12 THE COURT OF UBOMBO HEARING HELD AT MBAZWANA, EXTENDED HER DETENTION IN MANGUZI PRISON TO MID JANUARY. A PERIOD SPANNING MORE THAN 30 DAYS. NO MATTER WHICH WAY YOU LOOK AT IT, THE ABOVE LAW HAS NOT BEEN ADHERED TO AS A RESULT OF PREJUDICE TOWARDS US.

8. ON 02/12/2012 AT 12H23:33 I SENT A DEMAND TO IMMIGRATION OFFICER WAGHENI FOR PROOF OF HER COURT WARRANT STATING THAT SHE IS BEING DETAINED FOR DEPORTATION. HE HAS 48 HRS TO RELEASE MY FIANCÉE.

21. Have you reported the matter to anyone else

YES

If yes, who (e g Police, lawyer, Public Protector). POLICE, PUBLIC PROTECTOR, CONSTITUTIONAL COURT, EMBASSY OF SLOVAKIA.

22. Were any steps taken by the person/association/organisation/organ of state to resolve the matter

NO

If yes, please tell us what __________________________________________________

23. What outcome do you propose or expect from this complaint (tell us what you would like to achieve with this complaint and the relief sought)

1. HER IMMEDIATE RELEASE AND ALL CHARGES DROPPED.

2. THAT THE COMMON LAW BE DEVELOPED AS PER THE CONSTITUTION (RULE 8. 3. A.).

3. SHE HAS TO BE ISSUED A PERMANENT RESIDENCE PERMIT.

4. ON BEHALF OF THE PEOPLE OF SOUTH AFRICA (RULE 38. D) WE DEMAND AN IMMEDIATE PUBLIC INQUIRY INTO THE LEGAL SYSTEM THAT WILL BE AIMED AT CORRECTING IT.

5. WE ALSO WANT PROPER ACTION TAKEN AGAINST UBOMBO COURT AND THE DHA.

24. Do you need an interpreter when attending any proceedings, investigations or hearing at our offices

NO

If yes, the language you speak ______________________

NOTE: Article 40 of the Human Rights Commission Complaints Handling Procedures provides that all proceedings, investigations and hearings will be conducted in English, unless you request that the proceedings be conducted in another official language.

25. Can we use your name in news reports or letters we write regarding this matter/complaint

YES

NOTE: Article 8 of the Human Rights Commission Complaints Handling Procedures provides that you may request that your personal particulars be kept confidential and not be disclosed to any person outside the South African Human Rights Commission’s office in order to protect your identity.

26. Please tell us how you heard about the South African Human Rights Commission (e g radio advert, newspaper, poster, from a friend, etc)

______________________________ _____________________

Signature/mark of complainant Date

________________________________

(on behalf of yourself, another person,

association, organisation or organ of state)

If on behalf of another person (including a child or a person with a mental disability),

association, organisation or organ of state:

________________________________

Signature of representative, parent,

appropriate adult or guardian