In the High Court of South Africa DIVISION, PLAINTIFF. Defendant. NOTICE OF MOTION Application for Rescission of Judgement

Transcription

1 In the High Court of South Africa DIVISION, In the matter between:- Case Number: / PLAINTIFF and Defendant EXEMPTION EXPRESS TRUST I.D. NO: NOTICE OF MOTION Application for Rescission of Judgement BE PLEASED TO TAKE NOTICE that we, the people in accordance with the original definitions, intent, interpretation, objects, meaning, purport and spirit of the original Bill of Rights and the original Constitution of the original Republic of South Africa hereby declare and wish for the above-named court to take judicial recognizance of the following terms before proceeding with the herein case: 1.] That we, the people are all living natural men and women and issue who walk and inhabitant the land of Southern Africa by the un-acted laws of the land; God s law; 2.] And that we are all equally accountable at International Natural Law and Universal Jurisdiction as peers no matter what our title; 3.] And at Universal Jurisdiction there is only One Law, namely: Do no harm, cause no loss, and do not impede the freedom of others. 4.] And that living jurisdiction is superior in all instances as evidenced by the following: 1

2 SUPREME COURT RULING NO CORPORATE JURISDICTION OVER THE NATURAL MAN Supreme Court of the United States 1795, Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with anything other than corporate, artificial persons and the contracts between them. S.C.R. 1795, (3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54), 5.] Therefore for this Honourable Court condones the Defendant s non-compliance with the Uniform Rules of Court as this application is in accordance with rule 63 - Authentication of Documents Executed Outside the Republic for Use Within the Republic; and, that this application be heard as a matter of urgency; Notice: 6.] Whereas we say that we are being un-knowingly and un-wittingly being pressganged, through the use of semantic deceit, into a limited jurisdiction mercantile law jurisdiction; 7.] And under the fraudulent semblance of contracts which are void by their very nature; 8.] And under the colour of law which has no lawful authority over living natural men or women or their issue who inhabit the land; 9.] And in this way turned into the semblance of a person which is merely an imaginary legal fiction; 10.] Whereas the courts do not inform the people of the herein facts which is contrary to the right to a fair trial; 11.] We say that all the aforementioned are in violation of the original Bill of Rights ss Human Rights and ss Right to Life and as a result any and all such actions are null and void, nunc pro tunc 1488, ab initio; 12.] Therefore we expressly declare from the outset that we waiver our right to recognition as a person and that we do not consent to the subject-matterjurisdiction of the herein-named case; 2

3 13.] Kindly Take Further Notice That we are the living agents and holders, under onerous title, of the above-named Cestui Que (Vie) Trust and respective exemption identity account number: a legal fiction and merely a transmitting utility for facilitating commercial transactions as held in the National Revenue Fund of the original Republic of South Africa; 14.] Whereas we say that living trusteeship is held in good faith by the herein-named people who hereby expressly wish to only deal at arm s length in this matter at commercial law and hereby serve notice in the following additional terms: Statements of Fact: 15.] That judgment under the above case number be rescinded or struck from the roll for failure by the Plaintiff and their legal counsel: a) In providing authentic documents under seal upon which the alleged claim is based, b) In producing first-hand witnesses and not out of court witnesses; c) To produce real factual evidence and relying solely on hearsay evidence; d) In producing a corpus delicti 16.] And, that the afore-mentioned failures already automatically disqualifies them from proceeding in the action and the court officials know this; yet, they blindly proceed notwithstanding the glaring facts as evidenced by all the annexures in support of our herein-made claims at the following internet link: 17.] Additionally, we allege that the above-named court officials are trading deeds, bonds, orders, warrants and such as negotiable instruments which renders them as commercial instruments aka bills subject to the Bills of Exchange Act; 18.] We aver that every time we request the whereabouts of the original orders from the courts, every clerk or registrar evasively claims that said order just cannot be found and refuse to do any further investigation even when we protest the bill; 3

4 19.] We say that a private global elite of private banksters have indirectly hijacked every organ of state through the trading of valueless bonds, securities, equities etc. which are ALL merely IOU s as evidenced at 20.] On the same afore-mentioned link: McDonnell Analytics Final Report - City of Seattle Review of Mortgage Documents; page 34: Summary Conclusion: Although we made a concerted and fair-minded effort to find even one valid Assignment Deed of Trust/Mortgage among the 195 assignments we examined, there were none. 21.] All commerce is law; all law is contract; no contract, no law; 22.] We do not accept the evasive courts, nor do we condone their unlawful behaviour; we expressly command and declare and demand and wish a full investigation under supervision of an ITNJ endorsed people s oversight committee and we intend obtaining an International warrant to enforce the performance a full forensic investigation; 23.] We aver that tax registration certificates and a forensic audit on all afore-mentioned documents will validate our claims; in the event of such findings, all current ACT and STATUTE will be automatically be rendered un-constitutional and as a result, null and void, nunc pro tunc 1488, ab initio 24.] Additionally, we aver that we have many first-hand witness accounts verifying the collusion between people acting as court officials, agents and representatives of financial institutions, police, sheriffs and debt collecting agencies; 25.] We aver that it is now common knowledge that ALL institutions and agencies acting on behalf of REPUBLIC OF SOUTH AFICA, SOUTH AFRICA, PARLIAMENT or any 4

5 derivatives thereof are NOTORIOUS for NOT acting lawfully, nor according to the will of we, the people or in our interests; 26.] Be Pleased To Take Notice That as a result of we, the people being victim to the herein-named acts of piracy and barratry we wish for the above-named court to take judicial recognizance that a criminal complaint has been filed against the Justices of the Constitutional Court of South Africa for breach of fiduciary trust with fraudulent intent and for failure to uphold the original definitions, intent, interpretation, objects, purport and spirit of the original Bill of Rights and the original Constitution and the original Republic of South Africa at original jurisdiction; instead, condoning unconscionable acts of piracy by foreign corporations with purely foreign interests, leaving we, the people without hope or remedy; 27.] Whereas this matter has also been served on the aforementioned Justices and filed onto record with the Constitutional Court of South Africa, Constitutional Court Case Number: CCT 200/15; 28.] Be Pleased to Take Further Notice That the herein-named Defendants and their respective trustees and agents DO NOT CONSENT TO THE HEREIN SUBJECT- MATTER-JURISDICTION and when a party to an action does not consent to the subject-matter-jurisdiction then the court MAY NOT PROCEED; 29.] Whereas this matter has now been transferred for good cause for judicial review at Universal Jurisdiction before the International Tribunal for Natural Justice, hereinafter ITNJ, with the File No UZA; 30.] "Court proceedings are held for the solemn purpose of endeavoring to ascertain the truth which is the sine qua non of a fair trial. Over the centuries Anglo-American courts have devised careful safeguards by rule and otherwise to protect and facilitate the performance of this high function. We have always held that the atmosphere essential to the preservation of a fair trial the most fundamental of all freedoms must be maintained at all costs." Estes v. State of Texas, 381 U.S. 532, 540, 14 L.Ed.2d 543, 549, 85 S.Ct. 1628, (1965), rehearing denied, 382 U.S. 875, 15 L.Ed.2d 118, 86 S.Ct. 18 (1965). 5

6 31.] And, to place this matter on the not ready list according to rule 37A (13)(e) until a final judgement has been made and a Declaratory Order issued by the ITNJ; 32.] And, that the afore-mentioned Declaratory Order is to be formally served by UZA on the people acting as Justices of the Constitutional Court of South Africa and Judicial Services Commission on the 28th of January, 2016; 33.] And, that the Masters and Registrars of the High Court of South Africa will be properly notified within 30 days in due course as to the lawful remedy in this case; 34.] And, that an International Court Order must be considered and is binding; 35.] In the alternative to the above wishes and prayers, and in the event that judgment is not rescinded immediately, that execution of the judgment be rescinded pending final judgement by the ITNJ; 36.] Alternatively, for the above-named court to settle all claims as set out in the Claim Schedule in the attached Founding Affidavit; 37.] No further and/or alternative relief. 38.] Take Final Notice That the founding affidavit attached hereto will be used in support of this application in support of the herein Notice of Motion; Executed and sealed by the voluntary act of my own hand on the land of Africa, this Day of ; 20. Falsa orthographia, sive falsa grammatica, non vitiate concessionem. Neither faulty spelling nor faulty grammar will vitiate a grant or a wish. Neither false Latin nor false English will make a deed void when the intent of the parties plainly appears as per the Plain Language Movement and the Golden Rule and he natural law of the land.. 6

7 The deponents acknowledged that: They know and comprehend the contents of this declaration by their own hand; They have no objection to declaring their whole truth as far as they know it; They consider their statement of truth as far as they know it to be binding on their conscience; without prejudice; all right reserved. Executed and sealed by the voluntary act of my own hand on the land of Africa, this Day of ; 20. By: Initials and Surname My Hand: Autograph Servicing Address: Witnessess: My Hand: 1. Initials and Surname Autograph 2. Initials and Surname Autograph 7

8 TO: AND: AND: THE REGISTRAR OF THE ABOVE HONOURABLE HIGH COURT OF SOUTH AFRICA THE MASTER OF THE ABOVE HONOURABLE HIGH COURT OF SOUTH AFRICA PLAINTIFF S ATTORNEYS AND: AND: SHERIFF S OFFICE (for foreclosures) REGISTRAR OF DEEDS (for foreclosures) DEEDS OFFICE - DEPARTMENT OF RURAL DEVELOPMENT & LAND REFORM 8