Sedgefield Incident 2017

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On 18th July 2018, I travelled the customary pathways just outside Sedgefield, where the RTMC and their agents had set up the usual roadblock. A friendly officer Qampy greeted me, asking for a drivers licence although she has already noticed my RGH number plates. She informed me that she had to confiscate my RGH property (plates, card, record disc) as per instructions by her superior. I informed her that should she remove or confiscate any private property, she would also be liable in her private capacity and there would be certain consequences. She hesitated, said she will make a phone call, asking me to wait. She also took the VIN as to run a check. Shortly thereafter she returned with her phone, handing it to me, it was her superior, deputy traffic chief for Knysna, Moffat Zukelwa.

He was furious, sounded very upset and was shouting at me, that if I didn’t cooperate he would send the police and have me arrested. I remained calm and it took about 30 seconds for him to calm down too. I told him that I was a peaceful traveller exercising my rights, diplomatic and always willing to cooperate. He agreed, since officer Qampy had told him just the same. To not escalate the situation, I agreed to the confiscation of RGH property. At the same time, we arranged for a meeting two days from now, since both of us had some questions.

On 20th July, I visited Moffat’s office in Knysna, noteworthy, the day before, the secretary had called and apologized, asking to change the time of the meeting. Same upon arrival, since Moffat was a little late. When he arrived he apologized for being late as well as for being rude over the phone 2 days prior. Something I have generally noticed, the level of etiquette seems to rise with the ranks. We sat down at his office and had a very open people to people chat. He was positively surprised to meet a friendly RGH members, who was able to explain in detail why and what RGH is all about. He had encountered some not-so-friendly members, which, I explained to him, is often due to the confrontational nature of the encounter at roadblock, i.e. heated temper, blowing wind, trucks swooshing past and that prevailing fear when facing a uniformed officer these days. He obviously could not agree to or approve of RGH, since he is bound by the statutes protecting his corporate employer, the RTMC, or return my private property, since only a court of law was able to make an appropriate determination in the matter.

He did offer to look up some contact details for his superiors, the director for traffic of the Western Cape in Cape Town, suggesting that we get in touch with them and seek some clarity.

When I showed him the relevant sections in the NRTA, that make provision for RGH, even though RGH is not subject to them, he was quick to say, that he has got another act… but didn’t know which one… Further, the biggest concern regarding RGH, when speaking to people like Moffat, Johan Engelbrecht (who I visited on the same day at his office) and every other official so far, seems to be the issue around RGH not paying for licence, registration and other traffic fees or fines, in other words, the lack or loss of revenue and not road safety, which when looking into their corporate charter does make perfect sense, from a business point of view. Upon leaving his office after more than an hour, I reminded him about the 2 jurisdictions, i.e. common/customary/tribal law and statutory/civil/roman-dutch law, starting the sentence “you know these 2 jurisdictions are like oil and water, they…” which Moffat finished “yes, they don’t mix”… meaning he is somehow on some level aware of the constellation and what we are talking about, but also trapped in the administration, simply following orders to survive in the colonies.

On 20th September I visited their court upon my special invitation. Officer Payle was reading out the names for the average 100-200 alleged traffic offenders, at the Swellendam court I appeared to be the first one in years showing up in court, not much different here in Knysna, I recall one other young man stepping forward. When I read my name, I indicated my presence as well as my intention to take the matter to trial. Immediately an offer was made to reduce the initial fine, which I declined kindly, suggesting to speak to the prosecutor on duty for the day. In the meantime (sometime in August) Senior prosecutor Johan Engelbrecht had been cc’ed into our communication with the director of traffic. I was directed to pp Pumlani and got his attention, quickly explaining the nature of the matter, again he offered reduced payment, which I declined again. He was very friendly, outgoing and enthusiastic, showed interest and assured me that he would be very keen to deal with the matter in court.

Inside the court room I decreed my own common law court of record after greeting everyone, which is obviously something totally alien to their rigid procedure. Although the Knysna court seemed more lively than other RSA courts I visited in the past. The magistrate also seemed surprised that someone was here for a traffic related matter and insisting to go for trial.

Something that according to their procedure never happens on the first date, so we arrived at an amicable agreement to set the matter down for 15 th November on the premises of a trial. An alleged traffic code violation really doesn’t require too much preparation, like other average criminal matters.

On 15th November, somehow expecting them to postpone for pre-trial, as they usually do, rigidly following their statutory procedure, I got there early, to find another magistrate and public prosecutor on duty, who obviously had no knowledge of the matter, although Pumlani, noticed me, but was in another courtroom. Subsequently, their court wanted to postpone again. I told them that I’m only here today, travelling 550km, unfairly prejudiced, no access to justice, etc; then offered the magistrate 2 options, to either dismiss the matter with prejudice or strike it off roll; obviously the state opted for the latter again, it’s the most diplomatic and non- confrontational option available to them. After some puzzled looks and me asking if they received any communication from senior prosecutor Johan Engelbrecht re RGH (of which I had copies on me and offered to add to file for the state to study, should they wish to prosecute at a later stage), a SAPS officer received files on record and matter was struck off the roll. I asked if my private property (card, disc, plates) can be restored and the magistrate instructed RTMC court officer Payle to do so. I visited their office after court informing deputy traffic chief Moffat Zukelwa, since he was off duty and that I was in the area for another 2 days. At this point, no victory for the people, still stalemate, I could’ve waited for trial, RGH really wants one (not sure if the state does though) but not if I have to travel without compensation every time (usually 4-6 times), if this was in Swellendam again, it’ll be a different story, or if all members would start making the suggested monthly contributions as per RGH newsletters…

On 17th November I returned to court, got case numbers (V1635/17 & V1634/17) and name of magistrate, Thafeni, further I was informed by a friendly lady at the cashier hall that the docket had now been requested and sent to George. Back at the traffic office to collect my RGH property, court officer Hendrik Payle informed me that they would not return my private property, he was visibly upset with the magistrate’s decision, apparently the witness (RTMC officer Qampy) was available and could have come to court, but the prosecutor told the magistrate that she was apparently on leave, when she was actually on duty (recently officer Qampy told me that she was in Cape Town on that day).

Good to hear officer Payle complain about their own administerial mess, followed by the usual accusation that we (RGH) cannot do what we do, that it is illegal and we didn’t get approval from government. I told him that we the people did not approve of RSA (Pty) ltd or RTMC, that we were never informed or ask about it either, have no contract, etc… his reply ” oh, let’s not get into politics now… “, told him that the corporatization has very little or nothing to do with politics, informed him about the 2 conflicting jurisdictions and that all of us seek clarification and some form of recourse, that we have tried 4 times with the constitutional court, always told that there is no prospect of success, just by asking simple and relevant questions, as well as offering remedy…

In any case, it seems like we could have a case again, I shall now get in touch with Johan Engelbrecht (senior pp in Knysna) and find out what is going on and possibly set the matter down for trial, without any excuses…

What followed from here on is a mostly one-sided email conversation with various people at the George Magistrates court, except one phone call to Ben Walters, before he retired. The chronological communication can be found in another document.

Knysna Incident 2018

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On Monday 15th October 2018 I travelled to the RTMC office of provincial traffic in Knysna. Initially, I had come into the area to possibly testify in Hylton’s case on Tuesday 16th at the George municipal court. My previous case and engagement with RTMC in Knysna (see other case for more details) had gone full circle, the George magistrates court claimed no knowledge of my matter, even though it had been requested by them in November 2017 after my last visit to the Knysa court, when the matter was struck off the roll. I tried in vain for almost a year to get a response from the court officials in George, i.e. if restarting the prosecution again or not. Finally I received an email from Rosina Botha (senior prosecutor in George), informing me that they are unaware of the matter and thus unable to assist, although when visiting Thembeka Winter’s (PA to Rosina) office a few months ago, I could see all my email communication on her screen. Rosina further suggested to direct my enquiry at RTMC Knysna, i.e. restore my private RGH property, which got unlawfully confiscated (without receipt thereof) at a roadblock outside Sedgefield in July 2017. In other words, after visiting Moffat Zukelwa (deputy traffic chief Knysna) shortly after the incident in July 2017, seeking a meeting with director of traffic Kenny Africa (suggested by Zukelwa), the matter being struck off the roll by magistrate Thafeni in November and the following months of communication and seeking clarification, we had come back to the beginning or passing RGH like a hot potato.

After Rosina’s last email I informed Moffat Zukelwa that on my next visit to Knysna I’d come by and collect by RGH property (number plates, record disc and travel card), not that I needed them, since I already had a second set made in July 2017, but just out of principle.

Just after noon on Monday at the RTMC office, speaking to RTMC agent and officer Payle, who is also the court officer for traffic, he informs me that they still cannot return my RGH property, allegedly I need some form of proof that they were confiscated in the first place. This is the very receipt they are supposed to issue according to their own NRTA (section 3F), but always chose to ignore just like all the other more important content of the same section. Payle also said that the state needs to restart the prosecution, needless to say,I filled him in about my endeavours with the court in George, every time suggesting to them just the same. Payle further suggested to return at 3pm and meet with Zukelwa and someone else, which I agreed to do since Payle wasn’t exactly approachable and not in a position to make a determination.

I went outside, sat in my conveyance parked down the road for a short while, making phone calls, maybe for 10 minutes; then travelling past the RTMC office around the first sharp corner and a traffic officer on his motorbike driving into the other direction, he spotted my number plated immediately, made a sharp u-turn and stopped next to me at the first stop street. He asked about the number plate and I explained, then he asked for a drivers licence and I explained again, offering him the RGH travel card. He was instantly aggravated, telling me that this was illegal, ordering me to follow him. I said that I had just been to his office, speaking to officer Payle and that I have a meeting scheduled with his superior in about 2 hours regarding my previous case. He said he didn’t care, that this is now another and new case, that I need to follow him to the municipal traffic office. I thought (and maybe a little too confident from my previous interactions), that I can sort this out once we are off the road and have a man to man chat. Unfortunately his mood did not improve but rather deteriorate, frantically runningaround his office, looking for other officers and apparent superior, traffic chief Oliphant, who I had not had the pleasure of meeting previously, but who turned out to be the other officer supposed to be in the meeting with Zukelwa at 3pm.

He ordered me to stay inside the building while he was gathering a troop outside; my concern now was not only my conveyance but also Onyx, my ageing canine friend who travelled with me this time.

Back outside the building 4 or 5 officers had surrounded my conveyance, I got some of the relevant documents and citations from their acts, after checking on Onyx, showing and reading it to them. They weren’t interested, the officer on the motorbike, now identified as RTMC agent Davidson got loud and aggressive, the others closing in on me, he informed me that I was now under arrest for fraud, the vehicle impounded and I was to be taken into police custody. He recited the usual RSA information about rights and I tried one more time to reiterate and explain myself, as well as my peaceful cooperation, although by now aware of the dynamics and constellation at the scene.

He proceeded to put me into handcuffs, unnecessarily tight and commanded me to get into the passenger seat of my van. I asked for the handcuffs to be loosened, to which he replied the police will have to deal with it. The others all gleaming and satisfied, having apprehended another free travelling criminal. At the police everyone involved, Davidson, 2 or 3 other RTMC agents and 3 SAPS officers seemed to be acting in the usual erratic, lobotomized and bipolar manner, some switching from friendly to abrasive in seconds, another one telling me about his recent holiday in Malawi, a police woman insisted that I stand and not sit down, but everyone generally in a jovial mood about the rebel fish they just caught and the lesson they were about to teach him. On one of my trips outside into the yard a mixed flock of officers swirled around, someone pointed to officer Oliphant, who then came to approach me, I greeted him, asking what is going on here and why am I being detained when we were supposed to have a friendly meeting in a few hours from now ? He shrugged it off, avoiding eye contact, mumbled something about illegal and breaking the law, that this Republic of Goof Hope doesn’t exist and we Knysna cannot do what we do.

During this time I was negotiating for my dog taken into safety and picked up by friends. At some stage they seemed to be running out of patience, wanting to call the SPCA, telling me I already receive preferential ‘treatment’ and should have been locked up a long time ago. One of the RTMC agents said I seem like a reasonable guy and that I have a love for animals, but also indicated that it was pointless for us to communicate, since he had his views and I had mine, fair enough…. When I asked if he can perceive something in the system not to be quite right, he replied “the system works beautifully”… This went on for ca. 2 hours, in which some officers grew impatient, accusing me to play for time; I had called some friends in the area who obviously could jump into their cars at the drop of a hat.

I was informed that the car was to be booked in and checked by the VIU, so I needed to make sure everything was out of the car, if I didn’t want to ‘lose’ it. I’m travelling in a small van, so the contents amount to a small household.Davidson confirmed that the VIN number showed a previous licence in Limpopo, which is obviously not possible, later he corrected it, and said something about a CA number and Nedbank. Before I finally gottaken to the cells, he also returned my RGH travel card, which was odd, since it’s the very document allegedly used to commit the fraud, think of evidence… My friends came to collect Onyx and my belongings, the SAPS desk officer repeatedly telling me that I was delaying him or his day, although there were no other people detained and he was still on duty hours later. In fact he came to the cell and informed me that he was adding my car key to the list of items taken from me, i.e. cell phone and shoelaces, saying that when I leave tomorrow it’ll all be in one place. To my very surprise, since I thought the car had long been transferred to the impound, it seemed as if my prayer had been heard… I knew that I was probably good to go the next morning after court but wasn’t too sure about my car.

Sometime in the afternoon, another unexpected visit, RTMC agent Qambi, the very friendly uniformed lady who I met upon stopping at the roadblock outside Sedgefield in July 2017, who confiscated my RGH property (plates, disc, card) and was supposed to issue me with a receipt on the scene, the very receipt Payle was asking for some hours prior. I welcomed her into my cell, which by the way, I had all to myself for the duration of my stay, with some relatively new blankets, but no running water and the usual stuffed toilet. She was sorry for my incarceration, but remembered our work, I briefly told her what had happened, she seemed confused, why someone who clearly doesn’t cause any harm needs to be treated like this. Anyhow, she had the receipt for my unlawfully confiscated RGH property, first I thought for today’s incident, but she correct me and said it’s for July 2017. Now I was confused… this was the paper needed to collect my property at a meeting that never took place because I got arrested by the people who withhold my property ??!

Later, in the early evening, Hylton arrived, first he was denied to see or speak to me, but then managed to get through, since we know from experience, it very much depends on the mood of the officers on duty. Hylton for instance got released on the same day/evening, after his own son didn’t let go and they even managed to call the investigating officer back into the station, who is the only one authorized to release a detainee on or without police bail. It turned out this wasn’t a possibility tonight, since no charges had officially been laid and no investigating officer assigned, which is rather unusual, since the afternoon wasn’t exceptionally busy and I got arrested just after noon. It did confirm my theory, that they were just applying intimidation tactics here, or someone did make a phone call or connection to my previous case and extensive engagement and they thought it better to let me go the next day, with or without court, charges or bail.

Hylton spent quite some time there, although I did initially indicate to him not waste too much of it. He started a friendly conversation with officer Jantjies, who was genuinely interested in RGH and our work.

In the years of RGH, I noticed a 1/3 ratio among the people we come in contact with, i.e. 1/3 want to hear more about it, 1/3 is deaf or ignorant and 1/3 are the Davidsons, who vehemently oppose RGH, usually based on the same argument “why must everyone pay (for registration) and not you ?” my answer, just as usual “why should anyone pay, when it could be free of charge for all ?”During the conversation, which I could partly follow from the cells tract, Jantjies made a phone call to traffic chief Oliphant, probably because of her uncertainty or the get some feedback. Here we extracted the first valuable information regarding an alleged order issued 2 years ago : arrest any RGH member, to be charged with fraud and their conveyances impounded. The knowledge about this order emerged for the first time when Josie was apprehended near George 2 years ago. We have since tried to contact Quinton Williams (traffic chief George) to establish how and where this alleged order originated, i.e. was it a concerted effort by a group of officer/officials or the single-handed action of one individual ? Did they follow their own procedure ? Go through their own appropriate channels ? But no-one ever managed to speak to Quinton, nor did he ever return any calls… But tonight we heard that it was no other than Vukile Oliphant himself who issued the order; now we know who to deal with and who needs some more educational information regarding his company’s acts and policies he is so adamantly enforcing.

The next phone call Jantjies made was to some SASP colonel (we will get his name), who outright informed her that RGH was just another AWB (Afrikaaner Resistance Movement), which is another piece of valuable information. Not sure how he arrived at this exact conclusion, maybe some mix up with the recent and botched up secession attempt by SSGH (Sovereign State of Good Hope), which is effectively a group of militant racist patriots who used the khoi/coloured façade to achieve their goals, or some disgruntled RGH member who wasn’t impeccable with his/her speech, or just plain broken telephone; in any case, easy to rectify, looking at all the work RGH and UZA have done for all people, rather on the opposite side of the spectrum than AWB, although RGH and UZA are apolitical and not subject to any left/right wing label.

The next morning I could hear the regular morning routine, breakfast and detainees getting ready for court, but then the outside door to my cell slammed shut, sort of indicating solitary confinement. Things got quieter and after some time an officer checked on me, asking why I am here, I said fraud, to which he replied “but why are you still here?”… perhaps unusual to hold someone for fraud, although the only non-violent crime that warrants immediate arrest and detention. Then another officer appears, I asked him if everyone had already gone to court, and he said yes, to which I replied “but why not me ?” His quick and almost cocky answer “you still fresh, 48 hours…” referring to the 48 hours they got to bring you before a court as per ‘your constitutional rights’, which I only autographed with “under duress and without prejudice”… nevertheless the officer offered to check on the situation.

Even though this seemed like the standard power play I had experienced before, my intuition told me they are waiting for an investigating officer (IO) to report for duty at 9am, who would then come see and release me. And so it was, IO Kleyn came knocking on my door shortly thereafter, telling me to grab my things, i.e. folder with all travel information I kept on me for court and follow him. He again was genuinely interested and intrigued by RGH, very calm, friendly and soft spoken. He still had to take finger prints and get the mug shot. I had enough time to inform him about the basics regarding common law, jurisdictions, the UZA court case, the reason and necessity for RGH, national debt, the banking cartel and owner of SARB, the corporatization of governments and how all of it affects everyone’s life.He also indicated that the fraud charges probably won’t stand, needless to say I did fill him in about Hylton’s case, how fraud charges were dropped, then reinstated simply because Hylton refused the offer to pay. He got me new court date, 6 th December 2018, so I didn’t even have to visit court.

Finally I asked about my car, told him the officer on duty the day before had added the car key to my envelope inside the safe. He said if the car is booked, he cannot release it without proof of ownership, he said the fact that it is unlicenced , thus unroadworthy  in their eyes, is not so important. I told him that I am the so-called legal owner as per RSA traffic registration, for which I still got the relevant form/paper, just not on me. Apparently that would suffice to return the car to me (or any other impounded RGH conveyance, most of which are scrapped and de-registered off the eNatis systemanyhow) according to him, if all checks on VIN and engine number had been done. But then he read through Davidson’s statement and there was no mention of the car being subject to the investigation or booked in. Kleyn said “well, then I can’t stop you”, which is rather strange but just highlights how their procedure works, I mean, they both essentially work for the same team, so if they want go after me and be difficult, why can’t Kleyn book the car in ? Well, I’m glad he didn’t and probably isn’t authorized to do so… He left me with his email and will be privy to future communications. I left the Knysna police at10.30am, with RGH travel card, RGH plates and record disc still on my conveyance, so much for fraud…

Later that day it turned out that Davidson is the same officer who initially  stopped one of our members along the garden route ca. 2 years ago, which involved 14 SAPS officer s in the end, some rather physical altercation and 5 days in Knysna prison. After dealing with Davidson myself, I’m no longer surprised about the escalation. It’s possible that Davidson thought I was the other member, thus evoking the reaction.

 It’s also a possibility, that during the course of my arrest, details of my name and previous court cases emerged, with the subsequent realization that this means trouble rather than victory for them. Which explains why no IO had been assigned, no charges laid and the car not booked. Maybe booking the car is also too much of an administerial nightmare and it was purely about putting me behind bars and spoiling my day, a short lived victory in the bleak day of an RTMC agent, when in fact we gained much more from this incident than them.

I remember telling the SAPS officer on Monday, that we are busy growing RGH, wanting other people to start similar societies, to which he replied “even after this ?” and my standard answer “you think this is going to stop us or encourage us?” with a smile and told him that it is part of my job being arrested and spreading the message of freedom for each and every one of us, including himself…

On 7th November, in preparation of Hylton’s and my court case, I sent an email addressed to Vukile Oliphant and various other agents involved.

On 19th November Hylton made history at the George Municipal Court and achieved the very first not guilty verdict for RGH, thus the much anticipated precedent (see Hylton’s case for more details)

 On 6th December I returned to the Knysna Court, just before the proceedings prosecutor Pumlani, who still remembered me from last year, greeted me and said he saw my name on the docket,this time for alleged fraud (previously traffic code violation), then showed him a copy of the judgment in Hylton’s case, according to which RGH is not committing fraud nor contravening the NRTA, he glanced at it, recognized section S174 (as per criminal procedure act) and walked into the court room. 90minutes later he emerged and informed me the matter did not enroll and I can go home. This was the proof and confirmation we needed, i.e. RGH members might still get arrested, charged and have to visit a court at least once (or forward above information to the senior prosecutor at the relevant court), but don’t have to engage any further.

Unfortunately Pumlani could not assist with regards to the unlawful order issued by Oliphant to arrest any RGH members and charge them with fraud. The court was also unable to confirm in writing that my matter did not enroll, the control prosecutor Johan Engelbrecht was out of the office, I’d have to return the next day.

After court I visited the RTMC office in Knysna again, now with a receipt of previously confiscated RGH property (as per RSA statutes), a court order/precedent and another matter not enrolled based on the precedent . At the counter was traffic chief Vukile Oliphant, this time a little more friendly and approachable than during the day of my arrest,when he just ignored me. I produced all of the above documents and asked if they could now finally restore my private property. He refused, now informing me that the recent information and data regarding the precedent case still had to enter the system, apparently via control prosecutor van der Vyver in CapeTown. We each recorded the next 15 minutes of conversation during which I asked whether if he issued the order to arrest RGH members, but he declined to answer.He did ask how much longer I was going to be in the area and indicated he’d contact van der Vyver to possibly speed up the process. Then he had to rush to another meeting.

On 7th December I went back to court, seeking Johan Engelbrecht to endorse my SAPS summons, informing him about my court visit the day before and Pumlani’s decision not to enroll the matter based on our precedent, presenting Johan a copy at the same time. He was about to suggest that he would still proceed, now charging me according to traffic code violation again, since the fraud charged did not hold any water,but then realized that the verdict in Hylton’s case was at the municipal and traffic court itself, which deals with nothing but NRTA violations.

It took another 20 minutes to issue me a confirmation regarding my case, since Pumlani was out of court today, his room locked, the court book not accessible and some possible mix up in case numbers. But similar to Oliphant, he was in a much better mood this time, but unable to confirm what Oliphant had told me with regards to van der Vyver having to enter any data into the system in Cape Town.

Next visit, RTMC again, maybe Oliphant did achieve anything, now also in possession of written proof of my matter not enrolling. Other known officers greeted me, Oliphant was rushing around in the background but not ready for communication it seemed. Then Moffat Zukelwa stepped in, the friendly deputy traffic chief, he informed me that there was no feedback from Cape Town, as well as the RTMC’s reluctance to return my RGH property, apparently I require something in writing from the court, instructing them to restore my property. I told him that magistrate Thafeni already did so, on the record on 15th December 2017, when I asked her about said property and she motioned officer Payle “to sort it out”. Anyhow it seems as if the RTMC is clinging onto RGH property like some rare trophy similar to the sword of Excalibur. Moffat and I had another 20 minute long peaceful conversation exchanging our different points of view, as well as leaving him more information regarding the corporate state of the state. At the end he offered to organize a meeting in January, comprising of people from the NPA, SAPS, court officials and traffic police, giving us the opportunity to speak to a larger group and them to comprehend what we do and why.

During our conversation he did ask whether RGH was a predominantly white association and how many members we have got. I told him our currently multi-racial and faceted 800 members and ca. 200 recorded conveyances can’t possibly be a serious threat to them, in fact if any group has put aside its racial issues, it’s RGH, where we all work together to reaffirm the freedom of all people, again suggesting a default where no-one should be paying registration or licence fees, instead of everyone, which can only work once RSA returns to a genuine commonwealth and revokes all contracts with its European masters, a process peace officers, as per original mandate and oath, could assist, if it wasn’t for the fear of losing their jobs.

To be continued,

Truthfully

Jan a people of Good Hope

Wilderness Incident 2018

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On Friday 23rd March 2018 Hylton stopped at a roadblock just outside Wilderness. Officer Matiwane confiscated private RGH property as well as Hylton’s properly de-registered conveyance. He was then taken into police custody and charged with fraud, only based on Matiwane’s statement that she simply was “not familiar with the driver’s licence and disc”. During the encounter, at the roadblock and later at the SAPS station, he repeatedly informed the officers about section 3F(b) (g) & 3I (i) or to issue a receipt for confiscated documents according to section 3F (h) & 3I (j) (n) of the NRTA. All officers laughed and shrugged it off. Later that evening Hylton was released, after his 18-year-old son visited the police station, educating the officers on duty about common law. They managed to call the investigating officer back into the station and Hylton was released without bail, which is rather strange considering the severity of the alleged crime. On Monday he visited the court for the usual postponement (further particulars) and returned to SAPS. Here he discovered that the SAPS officers had only booked in his ignition keys but not the vehicle/conveyance itself, probably due to laziness, since booking in a car probably takes a lot longer. He waved his spare keys and asked if it was ok to regain possession of his conveyance. The peace officer on duty said they could not stop him from doing so, so Hylton travelled home in his conveyance. Three days later he received a frantic call from an officer, asking about the car, suggesting for him to come back to SAPS immediately. He kindly declined, informed them they had five days since Friday and only noticed the ‘disappearance’ now. Also, would they have issued a receipt as per their own legislation, they could provide proof… no slip, no refund… Nevertheless, Hylton provided the officer with some photographs to assist in any identification or clearance. His ‘vehicle’ had been properly scrapped off eNatis before recorded as private conveyance with RGH.

Another two postponements followed, now three months since the initial arrest and no certainty, but in constant fear of harassment and loss of transport, due to some officer’s statement, should they see him on the road they will impound the car immediately. Noteworthy here is the arbitrariness since another RGH member was told to travel without any plates, disc or card until the court makes a decision, although the incident occurred in the Knysna district and not George.

In the weeks before 11th July, the allocated trial date, Hylton drafted and put some paperwork together, familiarized himself with the court and its personnel, trying to serve some documents on the relevant prosecutors. On the morning of the 11th, just before court, he was taken into Riette Zietsmann’s (control prosecutor) office. In her opinion Hylton had not committed any fraud, so the matter was brought before magistrate Erna Grobler who dismissed the fraud charges on record (case no. C389/18), but Hylton was informed that he was now charged with traffic code violation according to the NRTA, i.e. driving without a licence and having an unroadworthy vehicle. He obviously pleaded not guilty. Furthermore, the court remanded the case for another two weeks, apparently to gain some more information about RGH: whether it is legal, lawful or legitimate. Allegedly advocate Theunis van der Vyver was consulted, who, naturally, had no idea about RGH and could only regurgitate the usual statist opinion that whatever is not authorized by or registered with the government cannot be legal… and unaware of any other options either.

Next trial date, 25th July, and after a lengthy wait, Hylton managed to get Riette Zietsman’s attention. His case was obviously no longer on the criminal court’s roll. Zietsman, at her office, looked surprised as she thought the matter was set down for the 26th. She took more documents from Hylton and said she’d revert back soonest. In the meantime, we confirmed with a SAPS officer that George magistrates court no longer deals with traffic-related offences, probably due to high volumes of such. These were now adjudicated at the traffic court inside the municipality building. When Riette returned, we asked if Hylton’s matter is now transferred to the traffic court as well as informing her about two previous cases in Swellendam and Knysna, both with the same alleged charges, both struck off the roll just before trial. She said the magistrate court was capable of dealing with this matter and it certainly would not follow other court’s decisions. She also made Hylton the usual ‘we can cut the fines in half and you can go’ offer. Needless to say, he didn’t accept.

Fifteen minutes later, back into Grobler’s court, and after some confusion as to whether she could/should deal with the matter, which would require for the traffic court prosecutor to come into her court (as well as the witness aka Matiwane, but that was never mentioned), it was decided that the matter will be transferred to the traffic court. Basically starting all over again, next date 2nd August, on which a trial date will be established, probably sometime in October. That court could then, contrary to Zietman’s opinion, conveniently strike the matter off the roll again… leaving us in limbo land again…

2nd August, George traffic/municipal court, this was supposed to be the date for Hylton to obtain a trial date,according to magistrate Erna Grobler on record last week. Not so for the traffic court officials, they informed Hylton that they’d proceed with trial today. The RTMC witness was not present but was spotted by Hylton working yet another roadblock en route. Again Hylton was repeatedly asked and offered to pay and ‘make it go away’. He declined, now clearly being ostracized, made to wait until last. During that time he overheard some other cases, it also seemed that the average ticket price is now R2000, very much in line with the RTMC business plan. One gentleman travelled all the way from Cape Town, apparently he stopped on a highway to check a noise on his car. Immediately RTMC spotted him, but instead of assisting him, they issued a fine for parking on a national highway as well as overloading his ‘vehicle’ with a very large person, potentially an overweight human being aka wo/man. He didn’t travel in an old VW beetle, but an Audi sedan. His fine got scrapped, probably too ridiculous and the fact that he showed up in court, which probably cost him just as much… another case was a man who turned left at an amber arrow, to which the traffic corporation replied “we only know green or red “, R2000, ka-ching… Finally, just before lunch, Hylton was informed that the fraud charges would be reinstated because he didn’t accept the offer to pay on the 25th July at the magistrates court George. Nothing but outright blackmail and desperation, only consolidating RTMC policies. We’re busy trying to establish whether a lower court can simply override another court’s ruling. They are both magistrates though. The matter is now remanded for the 3rd September.Furthermore Hylton asked magistrate Amanda Joubert about the receipt for his confiscated RGH property according to section 3F (h) of their act and why he never received one. The answer again boggles the mind, Amanda Joubert told Hylton, that only if it is a legal document, will they provide a receipt or, if they arrest someone for dagga, they would not issue a receipt either. First off, if the document was legal, why would they confiscate it ? And since when is dagga a document and part of NRTA ? of NRTA?

Leading up to the 3rd September, Jan (RGH diplomat) had contacted the George municipal court via facebook and asked for email contacts for magistrate Amanda Joubert, prosecutor Sikolele Magxwalisa and head of legal Johan van Schalkwyk, to cc them into communication pertaining to his own protracted matter. He received all details and sent his mail. During the same week Hylton had called Riette, who initially confirmed that the traffic/municipal court could not reinstate the fraud charges, but later changed her mind, informing Hylton that the prosecutor is in a position to do so. On the 31st Hylton contacted Sikolele via email, explaining why he was unable to make any written representations as well as suggesting to transfer the matter to the director of public prosecution (DPP) if the municipal court’s jurisdiction was exceeded or cannot make a determination, Sikolele’s reply was as follows :

“ Your matter was indeed remanded till the 3rd of September 2018 for you written representations to be submitted to my office. It is best that you appear in n the Municipal Court on the said date. However, representations can be made to the Director of Public Prosecutions but only one I have made a determination in which instance, depending on the outcomes you would then refer the matter to the DPP. “

Arriving at court on 3rd September, Amanda was seemingly upset about the fact that her email address had been handed out (Hylton had also cc’ed her into his communication to Sikolele), something court officials usually dislike, same for their names, which are guarded like a cryptic code, although all of them are supposedly public servants. From what Hylton could gather, they don’t seem very confident to continue, so they remanded the matter again for the 27th September, apparently to consult with the traffic department again, which doesn’t make the slightest sense, since they are the traffic court or the court for the traffic department itself…

While all this went down, Jan searched the mighty web and came across the government’s own page for George, now apparently aiming to be a metropolis. This entry explains and confirms everything we keep saying for years and why we encourage people to rescind corporate citizenship, declare themselves sovereign and establish common or customary (law) societies.

Some excerpts from :

>>> http://www.george.org.za/executive-mayor-george-officially-opens-george-municipal-court <<<

“ He said in any democracy the people should uphold values, laws and carry the weight of the individual and corporate responsibilities “

“This will allow the justice system to enhance its infrastructure base and it will allow the municipality to administer its by-laws more effectively and by so doing enhance our revenue base,” Naik said

“ She (Mviko) said when an accused person enters a courtroom the persons’ rights needs to be explained because if it is not done, it can be an infringement of the person’s constitutional rights and therefore the case can be taken off the court roll. “ (and revenue lost)

“ It is a known fact that George Municipality is well on its way to becoming a Metropolitan City. He said they are driving to get more investment for the city. Botha said the influx of people to George puts enormous strain on the city’s resources and some of the major issues are to implement and apply the city’s By-Laws “ (secure revenue)“ At first the court will mainly hear traffic offences but will eventually include cases on the contravention of council by-laws and building regulations. The reason for the Municipal Court is to get more cases onto the court roll. “ (secure revenue)

On 27th September Hylton received a letter from Sikolele Magxwalisa just before court, the fraud charges were now dropped again, but Sikolele decided to proceed with the usual alleged charges,
i.e. contravention of NRTA and regulations (section 12 (a) (b) and 18 & 36 of regulations). The matter was once again postponed to the 16th October, after Hylton indicated not to plead guilty or pay any fines. They are playing for time, hoping to exhaust us, but we won’t go away or their way.

The relevant sections are :

18. Motor vehicle to be licensed

Subject to the provisions of regulations 19 and 20, every motor vehicle in the Republic shall, whether or not it is operated on a public road, be licensed by the owner of such motor vehicle, in accordance with the provisions of this Part, with the appropriate registering authority.

RGH comment : RGH conveyances are not in the republic (see interpretations act or similar, republic always refers to RSA), we are not in their republic either.

36. Display of licence disc or licence and roadworthy certificate disc (1) The owner of a motor vehicle shall display a licence disc or licence and
roadworthy certificate disc, whichever the case may be, issued in respect of such motor vehicle—

(a) if the motor vehicle is fitted with a transparent windscreen, by affixing it on the lower left hand corner in such a manner that the print on the face of the licence disc or licence and roadworthy certificate disc,
whichever the case may be, is clearly legible from the outside to a
person standing in front or to the left front of such vehicle;

(b) if the motor vehicle is not fitted with a transparent windscreen, by
affixing it in a conspicuous position on the left front side of such motor
vehicle in such a manner that the print on the face of such a licence
disc or licence and roadworthy certificate disc, whichever the case may
be, is clearly legible from that side; or

(c) if such licence disc or licence and roadworthy certificate disc, whichever the case may be, is required to be displayed on a motor vehicle in a position where it is exposed to the weather, be protected by affixing
such licence disc or licence and roadworthy certificate disc, whichever
the case may be, on the inside of the transparent front of a durable
watertight holder.

(2) No person shall operate on a public road a motor vehicle on which is
displayed a licence disc or a licence and roadworthy certificate disc, whichever the case may be, or anything purporting to be a licence disc or licence and roadworthy certificate disc—
(a) which is not applicable to such motor vehicle;
(b) which is in any way obscured or has become illegible, except if such
licence disc or licence and roadworthy certificate disc, whichever the
case may be, is temporarily obscured or illegible by reason of a cause
beyond the control of the driver of such motor vehicle.

(3) (a) No person shall operate on a public road, a motor vehicle that is not registered and licenced or not licenced, unless such vehicle is exempt from registration and licencing as contemplated in regulation 5.
(b) No person shall operate a motor vehicle on a public road unless a valid
licence disc or licence disc and roadworthy certificate is displayed on such motor vehicle as contemplated in subregulation (1).
[Sub-reg. (3) added by r. 18, GNR.1341 w.e.f. 25 September 2003.]
(c) No person shall operate a motor vehicle on a public road unless a valid
temporary import permit is displayed on such motor vehicle, if such permit is required in terms of Custom and Excise legislation.
[Para. (c) inserted by GNR.404 of 2007.]

RGH comment : not much to say to that, RGH doesn’t do licence discs, not our jurisdiction.

count 2 refers to chapter IV ‘fitness of drivers’ (we are not a drivers or persons, but travellers and don’t travel in a vehicle but conveyance)

12. Driver of motor vehicle to be licensed

No person shall drive a motor vehicle on a public road –

(a) except under the authority and in accordance with the conditions of a licence issued to him or her in terms of this Chapter or of any document deemed to be a licence for the purposes of this Chapter; and

(b) unless he or she keeps such licence or document or any other prescribed authorisation with him or her in the vehicle.

RGH comment : again, their act, although not relevant to us, makes provision for RGH and what we do, similar to section 3F, brilliant !!!

On 16th October, Matiwane (RTMC agent and witness) indicated to the prosecutor Sikolele Magxwalisa and magistrate Amanda Joubert, that she does not feel confident making any testimony in English, her native tongue is Xhosa; unfortunately no interpreter was available and the matter got postponed to 19th November. Note,her written statement after Hylton’s arrest, was in English, it wasn’t the best of grammar, but definitely readable and no different to any other second language speaker. Also, and probably more important, the NRTA and all other acts and regulations pertaining to traffic, only exist in English (Afrikaans maybe), but not in Xhosa or Zulu; question here is, how can a trained, schooled and sworn in peace officer enforce ca. 1000 pages of English legalese, when they cannot make a simple statement in court ? As we are aware, most, if not all RTMC agents throughout the demographic spectrum have very little knowledge about the acts they enforce every day. Only certain key sections, since the majority of RSA motorists don’t have a clue either…

Ironically,the day before, on the 15th October, Jan got arrested in Knysna (see other case) and spent 24h in unlawful detention; he was to testify in Hylton’s case.

On 7th November, in preparation of Hylton and Jan’s court cases, Jan sent an email addressed to Vukile Oliphant and various other agents involved.

 On 19th November everything was finally set, i.e. magistrate, prosecutor, witness and interpreter were all present. Initially Hylton indicated for the matter to be transferred to a higher court should the matter exceed the court’s jurisdiction or alternatively wait for the outcome in Jan’s case. Magistrate Amanda Joubert assured Hylton that her court was capable of dealing with the matter and subsequently proceeded with trial. This lasted for an hour (we are still waiting on court transcripts), question mainly revolved around the fact whether Hylton did produce a ‘licence’ and disc (correlating the details of the car) or not. It wasn’t so much about conflicting jurisdictions or if such ‘licence’ was issued by another authority pertaining to “any other law” as per NRTA. Further Hylton asked during cross examination if there was Xhosa translation of the NRTA and if not, how a traffic officer, who cannot give simple English testimony in court, is supposed to comprehend and enforce 350 pages of legalese statutes. It became evident that Matiwane was no good witness and didn’t have her facts straight according to Joubert, who, in her verdict could not see anything wrong with RGH or how RGH contravenes the NRTA. Subsequently the judgement was not guilty according to section 174 of the criminal procedure act :

 174 Accused may be discharged at close of case for prosecution

If, at the close of the case for the prosecution at any trial, the court is of the
opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of which he may be convicted on the charge, it may return a verdict of not guilty.

Case C389/18 THE STATE vs. Knowles is now recorded case law in the RSA system and due to the case first enrolling in the magistrates court based on alleged fraud charges, then, after dropped fraud charges, being transferred to the traffic court for alleged NRTA code violations, RGH has proof of both, i.e. no fraud and not in conflict with the NRTA.

Hylton was informed it would take 2-3 weeks for the records to enter the system and to finalize the case,only then would he be able to receive his private RGH property again.