Constitution of the Unified Common Law Grand Jury of Southern Africa

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1 Constitution of the Unified Common Law Grand Jury of Southern Africa Also known as the Unified Grand Jury ZA, hereinafter UZA, Preamble: We, the people sojourning on the land of Southern Africa, Recognise the injustices of our past; Honour those who suffered for justice and freedom on our land; Respect those who have strived to build and develop our country; and, Believe that Southern Africa belongs to all who live on it, united in our diversity. We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the land of continental Southern Africa so as to; Heal the divisions of the past and establish a society based on sovereign ethics, values, natural justice, natural law and people s fundamental sovereign rights; Lay the foundations for a sovereign and open society in which governance is based on the will of the people and all people are equally protected by natural law; Improve the quality of life of all people and free the potential of each and every people; and, Build united sovereign communities on the land of Southern Africa, able to take their rightful place as sovereign states among the family of sovereign nations. May God bless and protect all people on the land of Southern Africa Nkosi Sikelel iafrika Morena boloka setjhaba sa heso God seën Suid-Afrika God bless South Africa Mudzimu fhatutshedza Afurika Hosi katekisa Afrika Page 1 of 9 - UZA - Constitution

1. Court of Record UZA was established by decree of the sovereign on the 10 th Day of November 2013.

2 1. Court of Record UZA was established by decree of the sovereign on the 10 th Day of November All independent and impartial UZA endorsed common law or customary courts, committees, forums, indaba, lekgotla, public hearings or tribunals on the land of Southern Africa are hereinafter referred to as people s courts. 2. Court Seal: 3. Decree of Construction Definition of decree of construction : The system of fundamental customs, decrees, declarations, maxims, orders, ancient precedents and rules which are recognized as governing the construction or interpretation of UZA written instruments. (a) As all rights are reserved, no one is permitted to reprint any part of this constitution and related documents or to translate it into another language; except for citation, official instruments of a related society, quotation, reviews and formal texts; and, (b) When part of or all of these laws is presented or spoken in any language other than the officially endorsed UZA translations, any secondary meaning implying deficiency, claimed abrogation of any right or any other defect of a word in a translated language shall be null and void from the beginning; and, (c) When referring to UZA written instruments it may also be taken that the primary and original form of these laws is firstly divinely inspired as we are only receivers of the divine; and, secondly as a written physical document to be interpreted by the people, for the people, of the people to serve and protect their needs. (d) Therefore, wherever an official and valid form of these laws is present in physical form, it shall be bound to its spiritual form and the spirit in which it is written, from which it derives its spiritual power and authenticity for each people or group by their own system of belief in the Divine and Divine law as they determine it to be; and, (e) Let no man, woman, spirit or officer of a lesser society place themselves in grave dishonour of Divine Law, Natural Law and the Living Law upon denying the validity of Page 2 of 9 - UZA - Constitution

3 these decrees of law. Having been warned, any act in defiance of these laws shall have no effect and any spiritual invocation in opposition to the validity of these laws shall be immediately returned upon the maker. As it is written, so be it. 4. General Provisions (a) UZA established by decree, treaty, and by this proclamation, shall function in accordance with this constitution as the principal jural society by, for and of the free and sovereign people s courts on the land of Southern Africa for as long as it serves and protects the rights, freedoms and private property of the people; and, shall be constituted and shall function in accordance with the provisions herein. (b) UZA has no primary seat as yet and functions primarily as a mobile court; (c) UZA is established in the spirit of section 34 of the Bill of Rights of South Africa; (d) UZA assists any community wishing to establish their own constitutionally valid people s court by their own customs in accordance with the herein provisions. (e) UZA has discretion to sit and exercise its functions on the land of Southern Africa. (f) UZA shall not be restricted from determining any issues or sitting in any particular location. Its jurisdiction shall therefore be universal. (g) UZA determines that there are and will be no borders limiting or preventing justice for all peoples. 5. Functions of UZA (a) UZA is an independent jural society and acts as the principal jural organ of the free and sovereign peoples sojourning on the land of Southern Africa; and, (b) Is guided by the original definitions, intentions, objects, principles, purports and spirit of the original Bill of Rights of South Africa, also known as the Declaration of the Rights of Man; and, (c) By international law principles of: (i) Humanitad Foundation; (ii) International Tribunal for Natural Justice; (iii) New Earth Trust and its sister organisations; Pursuant to supporting the realisation of a world in grace in which mankind shall enjoy peace, prosperity, harmony, abundance and freedom in all its forms. (d) In accordance with the rule of law and its commitment to and covenant with the peoples of Southern Africa and shall conduct itself in accordance with accepted and Page 3 of 9 - UZA - Constitution

4 established international law principles and shall be guided by lawful, equitable and ethical principles in its administration and delivery of natural justice to and for all the peoples of Southern Africa without fear, favour or prejudice. 6. Organisation of UZA and Affiliated People s Courts (a) Composition: (i) UZA shall be composed of a board of trustees of five natural men or women to be appointed as permanent members and two honourable elders, making a total of seven people. (b) Common law courts: (i) A grand jury is composed of 24 people. (ii) A petit jury consists of 12 people. (iii) Proceedings involving jurors are referred to in Decree Membership (i) The UZA board of trustees shall be nominated by the informed and educated people actively involved in the people s courts; and, (ii) Shall be elected into office by a majority vote of the founding signatories of UZA. (iii) Each of the members will hold office for a term of three years and may be renominated and elected at the expiration of their first term for a further term of three years in accordance with the provisions of the present decree, after which their membership shall be retired. 8. Qualifications for Office (a) Court officials: (i) No chief justice or any court representative of UZA or an affiliated jural society may be a practising member of any registered BAR Association or law society as jural and judicial societies stand in contradistinction to each other; and, like oil and water, the two cannot mix. (ii) Any and all jural representatives must solemnly affirm to serve the people before performing their duty at the beginning of a trial before the people in clear language; (b) Ancient Precedents: UZA and affiliates are to act in accordance with the spirit of the law at all times; Page 4 of 9 - UZA - Constitution

5 (i) "And I charged your judges at that time, saying Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him. (ii) Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is God's; and the cause that is too hard for you, bring it unto me, and I will hear it. Deuteronomy, I, (iii) Thou shalt not wrest judgment; thou shalt not respect persons, neither take a gift; for a gift doth blind the eyes of the wise, and pervert the words of the righteous. Deuteronomy, XVI, 19. (iv) We will not make any justiciaries, constables, sheriffs or bailiffs, but from those who understand the law of the realm and are well disposed to observe it. Magna Charta, XLV. (v) Judges ought to remember that their office is jus dicere not jus dare; to interpret law, and not to make law, or give law. (vi) Judges ought to be more learned than witty; more reverend than plausible; and more advised than confident. Above all things, integrity is their portion and proper virtue." (vii) Patience and gravity of hearing is an essential part of justice; and an over speaking judge is no well-tuned cymbal. It is no grace to a judge first to find that which he might have heard in due time from the Bar, or to show quickness of conceit in cutting off evidence or counsel too short; or to prevent information by questions though pertinent. (viii) "The place of justice is a hallowed place; and therefore not only the Bench, but the foot pare and precincts and purprise thereof ought to be preserved without scandal and corruption." Bacon s Essay Of Judicature. (c) Judges of people s courts shall hold office for life tenure or such term as they are appointed; and can only be removed from office following a decision of: (i) The Board of Trustees by a two thirds majority; (ii) Or, by an objection to a ruling in a people s court whereby a unanimous vote of noconfidence must be reached by the people present in a trial; (d) UZA shall acknowledge the principal lawful customs and systems of every community; and Page 5 of 9 - UZA - Constitution

6 (e) Accord representation and equity to all sovereign nations and people in accordance with due process and the laws and rules of natural justice. 9. Incompatible Activities and Measures against Corruption (a) No member of UZA or people s courts may exercise any political or related administrative function or associate actively with or be financially interested in any hearing brought before the people s courts. (b) No member of UZA may act as counsel, advocate or agent in any affiliated people s court cases. (c) Determination of any of these issues shall be resolved by the presiding arbitrators; and, who may resolve the matter by unanimous agreement of the people present; and, failing in which may refer the matter to the members of UZA for hearing and determination by a two-thirds majority of the members. 10. Record Keepers (a) UZA, shall, from its members, nominate a keeper of records and public instruments for a period of three years. (b) UZA and people s court record keepers will be assisted by such a number of assistants as may be necessary to properly assist in managing the operational functions of UZA and or the people s courts. 11. UZA Rules To assist in carrying out the objectives and functions of UZA and people s courts, the active members will promulgate rules of court and procedure. 12. Affirmation of Office (a) All UZA and people s court officials will solemnly affirm that they will do right to all manner of people, according to law and that UZA and people s courts will cause no harm, loss or damage to any people or group, and will not permit a law to be upheld which violates a people s right or prevents a just, fair and reasonable outcome, and they will decide all matters without fear or favour or affection, malice or ill will. (b) All UZA and people s court officials who make solemn affirmation in accordance with the present decree acknowledge that said affirmation shall take precedence over any Page 6 of 9 - UZA - Constitution

7 and all other affirmations or commitments that the official in question may have made to any other court or government or professional body or private association. 13. Privileges and Immunities All UZA and people s court officials are immune from prosecution or interference while acting fairly in the performance of their duties and while abiding to this constitution and rules established in conjunction with the operation of UZA and affiliated people s courts. 14. Full Court (a) UZA and people s courts shall be presided by sound wo/men of good moral and ethical character as arbiter, arbitrator, council, judex or tribunal or as is appropriate. Matters brought before the people s courts are to be decided by the relevant arbitrator presiding and where appropriate, following determination by a jury. (b) All people have the inalienable right to choose trial by jury of 12 people, such being competent, independent and impartial. (c) Generally matters to be referred to UZA should proceed from a grand jury of 24 people except where it is appropriate for administrative reasons to seek a determination from the arbitrators of the relevant people s court. (d) Proceedings shall be in open court, except that parties are entitled to request a hearing and changes in procedure for purposes of security and privacy such to be determined by the presiding arbitrators. 15. Funding for UZA and People s Courts (a) UZA shall be funded by the affiliated people s courts in support of UZA. (b) The UZA administrator or record keeper of the people s courts shall assume responsibility for the internal financial management of UZA. 16. Official Language The official language of UZA is English, and where appropriate, people s courts may to be conducted in the preferred language and translated into English where required. 17. Applications to UZA and People s Courts Page 7 of 9 - UZA - Constitution

8 (a) Applications for hearing by UZA or people s courts shall be made following a reference from a grand jury, or by direct indictment by a people or group or when determined by the relevant arbitrator as appropriate. (b) Such application may be made by direct application by a party to UZA or relevant people s court as of right. (c) No people s application for hearing by UZA or a people s court shall sell or deny or delay right or justice. 18. Representation (a) Parties to a dispute must appear in the flesh and present themselves; and, (b) May nominate a lawful representative to speak on their behalf; (c) However, legal representation and statutory law represents a conflict of subjectmatter-jurisdiction and is not applicable in UZA and people s courts. 19. Judgments (a) Judgments shall be handed down expeditiously on the conclusion of a case. (b) Judgments not only must give a determination but also must provide reasons. (c) If UZA or people s courts consist of more than one arbitrator, the majority will determine the decision of the case, with dissenting opinion to be provided. 20. Appeals (a) In respect of decisions made by an arbitrator, a party aggrieved by such decision may appeal to UZA, either on a point of law or by review for rehearing of the case to be determined before a panel of three arbitrators or a jury where appropriate. (b) The original arbitrator may not preside over the review. (c) For the avoidance of doubt it is declared that applications and requests to UZA or relevant people s court are as of right and no leave to apply or appeal will be required. 21. Jurisdiction (a) The jurisdiction of UZA and people s courts comprises all disputes whereby all people who have suffered deprivation of their natural rights or suffered wrongs and seek to hold those responsible for such so that justice may be done; and, (b) All cases in accordance with this constitution; and, Page 8 of 9 - UZA - Constitution

9 (c) By the un-enacted law of the land as found in common-law, customary law, maxims, ancient precedents and in the spirit of the Bill of Rights; and (d) All matters specifically provided for in any other agreement that confers jurisdiction on UZA and people s courts. 22. Evidence and Admissibility (a) Evidence may be given by oral testimony, by solemn affirmation or by affidavit. (b) Questions of admissibility are to be determined by the presiding arbitrator according to recognised lawful and equitable principles. 23. Applicable Law (a) UZA and people s courts shall apply and follow the higher law and natural law and the highest commitment to universal moral law and the principles of natural justice; Taking into account the appropriate national and international laws applicable to the cases and parties before UZA or people s courts to ensure and determine a just and fair outcome; and, (b) In accordance with the protection of people s rights and the rule of law. 24. Overriding Principle (a) In all hearings and determinations and judgments, UZA and affiliated people s courts is to act by the people, for the people and of the people in accordance with its mission, commitment and constitution to ensure justice for all people living on the land of Southern Africa. 25. Amending the UZA Constitution (a) This constitution is a living document and may be amended or added to as UZA and the people s courts develop their jurisdiction, such amendment being agreed by the Board of Trustees. (b) Such amendments are to be valid and effectual in law according to the true intent and meaning thereof and shall be taken, construed and judged for the best advantage in order to support the people s courts in its commitment to restoring truth and reason to the delivery of justice on the land of Southern Africa. End document Page 9 of 9 - UZA - Constitution

Constitution. of the Republic of South Africa, As adopted on 8 May 1996 and amended on 11 October 1996 by the Constitutional Assembly

Constitution. of the Republic of South Africa, As adopted on 8 May 1996 and amended on 11 October 1996 by the Constitutional Assembly The of the Republic of South Africa, 1996 As adopted on 8 May 1996 and amended on 11 October 1996 by the al Assembly ISSUED: 10 DECEMBER 2008 ISBN 0-620-20214-9 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA