Business Hijacking

[Blurock]

For me, personally, the total lack of timeous dispensing of criminal, or civil justice in SA, is astounding. The way the attorneys game the system is amazing. It has very little to do with being officers of the court, but more to do with lawyering & gamesmanship.

Unfortunately, this is absolutely true. Attorneys are not interested in serving justice, they are only interested in the money they can make. Unfortunately our justice system allows this to happen and provides very little recourse for the victim of crime, be it white collar crime such as fraud or armed robbery and even murder. The victim always lose.

That is why one should never take short cuts in business. See that you have done your homework. Cross the T's and dot the i's. See that all your paperwork is in order and that you have proof of everything you do or what is done to you!

[desA]

Even with hidden dictaphone recordings - with every word clearly enunciated, the SA legal system appears to be totally & utterly useless! Incredibly sad.

The Criminal & Civil Justice systems are totally overloaded. Many functionaries appear to be fire-fighting at each & every turn. I would imagine that Nigeria must have looked like this soon after independence in 1960. What it is today is a shock to most visitors. A snap-shot of SA in 20 years time?

[Terry Hopper]

??

Actually I want to say for business of ‘name hijacking’ scam.

[desA]

Wrong thread, Terry.

This thread is about a case where my business (CC) was hijacked by another business (CC), using the services of two of my company's members. An enormous amount of money was stolen; malfeasance committed by the person responsible for the finances; attempted to co-opt all my company's IP - but were blocked by me on the trademark - with a hijack specialist fleecer employed by the hijackers to attempt to chase me off.

The matter is presently within the civil court system & a criminal case opened.

At one point, the hijackers attempted to use the 'legal system' to force me to sign over my share of the CC. I refused & pushed back. This has been dealt with & now sits sine die. The hijackers' path gets increasingly more difficult by the day. The time of reckoning will come - sooner, rather than later.

The SA business environment is filthy & many unscrupulous operators exist. In the end, the poor ethics will be the undoing of the SA economy. No sane international investor would waste their time & efforts getting involved in such a no-win situation. Innovation will dwindle, until all new technology is imported from abroad. I do suspect that SA may almost be there now.

[Greig Whitton]

Unfortunately our justice system allows this to happen and provides very little recourse for the victim of crime, be it white collar crime such as fraud or armed robbery and even murder. The victim always lose.

This is factually incorrect. Even a casual glance of publicly available court judgments will definitely prove that many South Africans successfully exercise their legal rights every day.

[Justloadit]

mmm interesting, has this article have no credibility

Giant law firm Edward Nathan Sonnenbergs, and their co-conspirators Nedbank, are in serious, serious trouble.
What happened last week, and what is coming down the line, will be devastating to their reputation. They stand to lose millions, if not billions in revenue from boycotts.
Ian Brakspear was physically assaulted
By now you know the story of the Ian Brakspear case. Ian had his estate liquidated by Leonard Katz, a Director of Edward Nathan Sonnenbergs. To obtain the liquidation, which left his elderly mother living in a garage and his family in dire straits, a fictitious R7million loan from Nedbank was submitted to the High Court. Then the Court order itself was forged.

The Hawks, who did a thorough investigation into Leonard Katz and the Court order, concur with Brakspear. Since then, Court files have gone missing, legal tricks have delayed proceedings, phones have been tapped and it's been a cover-up every step of the way.

Nico Botha, claiming to be the Chairman of BOE, submitted a sworn affidavit to the High Court that the above loan was granted. Botha is most certainly NOT the Chairman of BOE. He is an arbitrary director of an insignificant campany called 'BOE Trust' with no right to depose of such an affidavit. He is a mere robo-signer. However, a man by the name of David McReady confirmed this affidavit, under oath, to be true! David McReady is a very, very big shot at Nedcor and this indicates just how high up the rot goes. There is no loan agreement or proof of payment that the loan ever took place. These men are lying through their teeth.
NewERA went ballistic. So did the press and so did Ian's family and community. Finally, Judge President Patel stepped in. There is a going to be a full two week trial on August 11th, with an outside Judge to hear the case. Wow!
However, what you don't know, is that Ian and his family have had their life threatened many times. They were forced to disconnect their land line and change phone numbers. Ian was attacked in a Durban carpark by two men who poured petrol over him and held a lighter to his face.
Even more sickening is that, despite this, Edward Nathan Sonnenbergs backs Leonard Katz 100%.
Judge President Patel Takes Action
Two weeks ago, NewERA subscribers wrote letters to the Judge President of KZN. The Honourable Judge Patel has now formally come to the party. This is amazing news. He pulled all parties into Court and, for the full news story of what happened that day, read Brakspear Wins Crucial Skirmish in Durban.
Here is a summary:
• KZN Judge president Patel called all parties to appear in Court.
• Julian King SC, the Senior Counsel representing Edward Nathan Sonnenbergs (these highly paid advocates charge between R30,000 - R50,000 per morning) was caught with his pants down. King is now on the record with two contradictory statements that implicate both Edward Nathan Sonnenbergs and Nedbank.
• Leonard Katz has been caught paying himself two invoices for exactly the same amount of work done, totalling almost R500,000. This is one item in a long list of indiscretions that you can read about in the press links above and below.
• The Black Liquidators Association officially supports Ian Brakspear. They briefed their own advocate to witness the proceedings. Her presence was made known to the Judge President on the record and they have offered to legally support Brakspear.
• The Black Liquidators Association have their own evidence against Katz and Edward Nathan Sonnenbergs, which will almost certainly form part of the hearing. Further criminal charges against the cartel are imminent.
• The mighty case will be heard on the 11th of August in the KZN High Court. Two full weeks have been allocated for the trial to bring down the house of cards. Oscar has nothing on this.
The press destroy Edward Nathan Sonnenbergs, Nedbank and Investec.
Things are looking very bad for the mighty lawyers and their bankster buddies.
This week, the exceptional SA magazine, Noseweek (which NewERA highly suggests you subscribe to immediately) has put a cartoon of Leonard Katz on their front cover. Their feature story is an expose of what Katz has been doing under the Edward Nathan Sonnenbergs banner. Nedbank and Investec are also implicated. Noseweek dedicated an entire section to Leonard Katz. Here are the articles, or you can purchase the latest issue of Noseweek in all good stores:
http://www.noseweek.co.za/article/32...stole-justice; and

http://www.noseweek.co.za/article/3244/Dear-Reader-Mockery-of-the-Law

Other journalists were also witnessing the events, including the Sunday Times who made their presence known to the Judge President.
So far, Leonard Katz happily continues to be a practicing Director of Edward Nathan Sonnenbergs.
We wait with baited breath to bring you the next update, but if you can be at the KZN High Court to support the case on August 11th, please do so. You can contact Ian on 076-035-7553 or brakspear@gmail.com.

THE NEW ECONOMIC RIGHTS ALLIANCE

[desA]

Originally Posted by Blurock View Post
Unfortunately our justice system allows this to happen and provides very little recourse for the victim of crime, be it white collar crime such as fraud or armed robbery and even murder. The victim always lose.

Greg Whitton stated:
This is factually incorrect. Even a casual glance of publicly available court judgments will definitely prove that many South Africans successfully exercise their legal rights every day.

Greg, you may, or may not be a fleecer - I cannot quite make out from your links. The thing is that you are quoting the fairly rare resolution rate as though it were the norm - this is simply not true, at all.

An example may clarify:
3 (?High?) Courts in Durban area. Some 40,000 matters passing through per year. Around 800 settled cases per year. Of those, how many are successful? [Source - local fleecer & advocate]

An abysmal settlement record.

[Greig Whitton]

The thing is that you are quoting the fairly rare resolution rate as though it were the norm - this is simply not true, at all.

You and others have suggested that legal justice in South Africa is an impossibility. All I have stated is that this nihilistic opinion is factually incorrect and that publicly available case law proves that ordinary South Africans successfully exercise their legal rights all the time. I have never suggested that our legal system is flawless, merely that legal rights can be enforced and that other forum users should not be dissuaded from doing so by relentless pessimism to the contrary.

[Blurock]

This is factually incorrect. Even a casual glance of publicly available court judgments will definitely prove that many South Africans successfully exercise their legal rights every day.

I am sorry, but you may be living in a dream world. I have personally lost money where attorneys just worked for their own pockets and not for justice. Attorneys do not serve justice, they serve their clients, however crooked they may be. They will defend a fraudster and crook without blinking an eye, as long as they can make money out of it. Even once you have obtained a judgment, they will continue to frustrate the court and will try any trick in the book not to pay.

I am not saying that all attorneys are crooks, I just have not met an honest one yet.

Another fact in South African law is that if you do not have the money to litigate, you have no chance. The guys with the big bucks win all the time.
Our wonderful government is now also changing the law so that judgments will disappear after 5 years. So if you have not collected whats due to you in that time, you have very little chance of ever recovering the debt.

[Greig Whitton]

I am not saying that our legal system is perfect, that victims always receive justice, that perpetrators are always held accountable, and that every attorney is trustworthy. I am simply saying that it is possible to exercise our legal rights and that ordinary South Africans do it all the time. To declare this an impossibility is factually incorrect.

Like desA, you have obviously been burnt in the past and I genuinely sympathise with that. Were I in your position, I would probably be just as cynical. But your experiences do not exactly reflect every single attempt at legal justice in this country any more than a "dream world" of a perfect legal system.

[desA]

^ Greg, you are living in a non-real, theoretical world, I'm afraid. Your statements reflect naivety in the extreme, I'm sorry to say.

Justice is rarely served in SA. The folks that are cynical have walked their talk & have experience of the debacles that are the failed civil & criminal 'justice' systems. Even the Pistorius trial is a 'show trial' - the BBC has picked up on the surrounding realities.

South Africa is now Africa - period!

[Houses4Rent]

I tried the justice systems a few times too. Even in the rare event where I won it was a disgrace. If I can help it I find solutions without using the courts and legal fraternity.

[Greig Whitton]

^ Greg, you are living in a non-real, theoretical world, I'm afraid. Your statements reflect naivety in the extreme, I'm sorry to say.

Would you mind clarifying which of my statements reflect "naivety in the extreme"?

[desA]

^ Greg, I have no interest in nit-picking, or sparring on an endless point-by-point review - as you often appear to attempt. I simply have neither the interest, nor time, to engage you in this - sorry.

By attempting to use the few to prove the many (specific cases to prove the general case), you cannot sustain an argument. Red herrings will abound. A total waste of time & effort.

This is the apparent realm oft enjoyed by fleecers. That's one question you appear to continue to evade. Are you a fleecer?

[Greig Whitton]

By attempting to use the few to prove the many (specific cases to prove the general case), you cannot sustain an argument.

Ironic, considering that you constantly reference your singular experience of injustice as proof that our entire legal justice system is broken.

Are you a fleecer?

No.