ELEPHANTS AT THE JOHANNESBURG ZOO: RE-WILD THEM OR NOT?

 

Image: free download: courtesy of the internet

ELEPHANTS AT THE JOHANNESBURG ZOO:

Litigation:

RE-WILD THE ANIMALS

HIGH COURT MATTER CASE NUMBER   

ISSUED 20 JUNE 2022    

There is a court case in Pretoria High Court about the “repatriation” of three elephants on the go. The applicants are seeking a court order, inter alia, that the three elephants be relocated, rehabilitated and re-wilding in accordance with a relocation and reintegration plan to be prepared somewhere in the future.

No, it is not a joke! These guys are dead serious about what they are doing. And, when I look at their court documents, I stand in awe about their papers.

This matter broke 20 June 2022, but was in preparation for a number of years: the matter about the three elephants at the Johannesburg Zoo: their names are Lammie, Mopani & Ramadiba.

What on earth is going on with these three?

Looking at your children’s books about Ellies, they are supposed to be carefree and happy. And they are also supposed to be freely approachable and foremost, they are oh so cuddly!!

Were they not kept for the public’s “pleasure”, education and for scientific research?

Were these three not happy and contented and in safe keeping?

Little children from the surrounding schools and even further away are driven there in their busloads to look at these animals whom most of the children will never have the occasion to even have a glimpse in their wild state.

Having had a look at the voluminous papers, and a video that went viral about Lammie being stressed out, it seems that all is not well at this Zoo with Lammie, Mopani & Ramadiba. There are allegations that they suffer stress, mental fatigue and a host of other things; well, this is according to the court documents. And you may be sure that the experts employed by the applicants have engaged with the animals, and hordes of other people.  

You have access to the Applicants papers [these consist of hundreds and hundreds of pages and learned language and arguments] that were published on the website of ANIMAL LAW REFORM IN THE RSA; click here.

The High Court papers [so far the only papers that are published] with an official statement can be found here: click here.

If, however, you are interested to read the applicants court documents, you may click here:.

Part 1; Part 2; Part 3; Part 4 & Part 5: 

When reading the website, blog and the court documents, I am very impressed with the depth of the research that is displayed in the documents. It is an impressive array of experts and their research not only in connection with elephants internationally, but about these three in the local Zoo: Lammie, Mopani and Ramadiba.

I am rather curious about how the Zoo [I refer to the Respondents] will react and I trust the Applicants will disclose those papers as diligently as they published their papers. I have learnt that you should never underestimate your opponent[s] in law, because if you do, you might get a very nasty surprise. Having said that, I am no way even suggesting that these applicants under estimate their opponents. You just have to glance at their court documents then you will realise the enormity of the case that is waiting to unfold.

I don’t want to refer to the opponents as “wily old foxes” – no not at all. But beware of them. They are internationally well connected and it is not the first case of this sort to come to terms with.

I will keep my eye on this one and will report on it as it develops – stay tuned for updates on a hugely interesting one, and a hugely important one.

Please write me an e-mail and tell me what do you think? Release or not to release? My e-address: neelscoertse@wirelessza.co.za

Image of these majestic creatures: courtesy free images on the internet

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TO WILL OR NOT TO WILL - THAT IS THE QUESTION? AND THE MASTER MIGHT NOT HAVE THE LAST WORD

 

MY LAW LIBRARY

THE LAW IS NOT MECHANICAL

NEITHER IS IT

CHEMICAL:

IT IS DRIVEN BY

HUMANS

LIKE 

YOU AND 

ME

Be aware that this write-up does not constitute legal advice. You are, however, encouraged to consult an attorney or to visit the Master.

When you are in the unfortunate circumstances that someone near and dear to you, have passed on, there are certain very important things that you should do. Apart from calling a medical person to certify the death of that person, or if needs be, the calling of the SAPS when there is a suspicion of foul play, you should report/register this death soonest to your nearest Master of the High Court.

You are also advised to mourn the person’s death – don’t just start “celebrating” the life of the decease. I see it so often that the people don’t mourn the death, they just “celebrate” the life of the deceased. Have a heart! It is a momentous thing that has happened and you should engage with it.

By the way, you should notice that I stated “When you are in the unfortunate …” I did not say “If you are …” My reason for that is that we all are destined to die sometime in the future – even me! I am keenly aware of that. Having said that, I hasten to say that you should seriously look at your personal relationship with Jesus Christ because, after your demise, it would be eternally too late. I advise you to make sure and by reading the following portion in the Bible: The Gospel According to John chapter 3 and specifically verse 16: “For God so loved the world, that he gave his only Son, that whoever believes in him should not perish but have eternal life.” I encourage you to read the entire chapter. If you don’t have a Bible, you may download it by clicking on this link: THE GIDEON BIBLE APP

Let’s get back to where the tyre rubs on the tarmac and you, as distressed as you are, should get your ducks in a row and approach the Master soonest.

GENERAL REMARKS:

You may read the Master’s website for interesting general remarks, when you click on this link Master: There are very interesting stuff to read and you are encouraged to read it. You can be assured that this is not the last word on estate administration. I will give you a citation to follow in connection of a very tragic incident that really happened when the person died having had to many “Springbokkies” to drink [“Springbokkies” are a certain concoction of liquor which have a devastating effect on a person who imbibes too much of it].

If you do not have an attorney to consult, you may approach the Master directly. I noticed that the Master of Johannesburg, have put up huge signs outside the building advising the patrons that the services of the Master are free of charge. I don’t know where you are situated while you are reading my blog, and in order to assist you locating the nearest Master’s Office to you, you may have a look at this website by clicking on this link: MASTER'S OFFICES.

There are a lot of work to be done to administer a deceased estate; and you should submit certain forms to get the process going; click on this link: MASTER'S FORMS and read it carefully. You don’t have to submit all the forms; you should only submit those that are applicable on your situation.

NO ORIGINAL WILL LEFT BEHIND BY THE DECEASED; ONLY A COPY

What will happen if you cannot find an original will and you only have a copy of the original will [even if that copy is a certified copy]? The Master will not accept it; it might even register the estate as an intestate estate. That then opens up two ways about administering the estate: you either accept the Master’s decision and proceed to administer the estate as an intestate estate.

Or you approach the High Court for an order declaring the rejected will to be the will of the deceased and orders the Master to register it as a testate estate. Then, in the that case, you proceed as if the will was not rejected.

YOU CANNOT TRACE A VALID WILL AT ALL

Or there is no valid will in existence; in other words, you cannot trace a will. What will then happen? The Intestate Succession Act comes in to play; click on this link for the Act:

You can download a copy of the Intestate Succession Act, and read it. It is not as simple as it might seem at first blush. Once again, I advise you to consult a lawyer.

This is not, however the beginning of the end for such an intestate estate. The heirs may come together and enter into a written distribution agreement and re- arrange the prescriptions set out in the Act.

YOU MIGHT SUSPECT THAT THE WILL IS NOT VALID FOR FAILING TO COMPLY WITH THE FORMALITIES OF THE WILLS ACT

You might be faced with a suspicion that the will is invalid because not being compliant with the requirements of the Wills Act, you might also approach the High Court for legal relief. There are a myriad of factors/circumstances when a will might be tainted to such an extent that it is invalid.

What are some of those circumstances? For instance, the signature of the testator/testatrix is forged.

Or the witnesses did not sign the will being present simultaneously with the testator/testatrix and the other witness. That means if the witness signed the will not in the presence of the testator.

Or the testator/testatrix was not competent to sign the will – for instance the testator/testatrix was not of a sound mind [suffering from alzheimers]. I once had a threat that the validly of the will, will be contested in court; the basis was allegedly that the testator was not competent to make a will in that his mental faculties were impaired to such an extent that he did not know what he was doing. Just to let you in the background: he disinherited his wife in so many words and she felt aggrieved by it. I informed her that I will defend it at all costs; my reasons were: the testator and I were chatting about Latin at the time of him executing his will. She never proceeded with the threat.

Under those circumstances [and I point out that it is not exhaustive of all the circumstance where a will might be invalid; each case is unique] you might approach the High Court. It is an expensive journey you will embark upon.

THE CASE OF THE SPRINGBOKKIES

If you click on this link, you may read this case; the background was extremely tragic, but oh so human. The testator drafted his will, albeit under suspicious circumstances, then he went to the closest drinking spot and imbibed in some Springbokkies. Not one too many, a lot too many. Back at home, he committed suicide and a woman came to the fore claiming to be his lover. In the end the court gave her what she wanted at the cost of his surviving mother: SPRINGBOKKIES.

If you are not versant with Afrikaans, because the judgment is in Afrikaans, I suggest that you ask google translate to assist you. You will get the gist!

Thank you for reading my blog.

Please write me an e-mail:

neelscoertse@wirelessza.co.za or cjcoertse.law@gmail.com

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RELIGIOUS TOURISM, PROPHETS AND PROPHETESSES AND SUCH LIKE SUPPOSEDLY CHRISTIAN SHENNIGANS

The so-called and alleged prophet: Bushiri from Malawi and an 

alleged fugitive from South African Justice at a previous court appearance 

[image from the internet]

I am surrounded by negative talk, negative ideas and then some. And we are surrounded by prophets, prophetesses under the guise of Christian views and Christian ideologies. Why? Because there are those that think that it is the in thing to do.

This sparked the phenomenon of “religious tourism.” That is spot on: religious tourism. Local entrepreneurs are also seeing opportunities in religious tourism. “Anthony Mukumbwa runs Rayoni Spiritual Tourism Centre specifically to fly pilgrims to Bushiri’s services. He said: “I saw an opportunity in the movement of people travelling to Malawi to meet the prophet and worship.” His company leases and charters at least two flights a month, with 136 passengers on each.” [click on this link to read the article: religious tourism ]

Is it something new? I suggest to you that it is not new. Even during the time Christ walked this earth people flocked to Him to see miracles performed by him; even Herod, the king, wanted to Him performing a miracle – those things are the stuff that makes good headlines. Herod treated Christ as a miracle worker and he probably saw Him as some kind of a freak: Luke 23 and more specific verse 8: “When Herod saw Jesus, he was very glad, for he had long desired to see him, because he had heard about him, and he was hoping to see some sign done by him.” 

And it is continuing to this day. The so-called Malawian Prophet Bushiri and his lovely wife the Prophetess is “evidence” of this in their lives, especially after they have deposited thousands of American dollars in the banking account singing “What a friend we have in Jesus.” And all of this is going on in one of the poorest countries in the world: Malawi. He is not a shy guy; he apparently have only three private jets to get around in. And his wife “Marry” – if I have the spelling correctly reflected: Marry – interesting name she’s got.

The so-called and alleged prophet from Malawi and his wife, Marry, also a supposedly prophetess allegedly on their way to court in Malawi [images from the internet]

There are lots of money to be made in religion; you just promise the people [in Facebook terminology: “followers”] health, wealth and eternal happiness on earth. As long as you don’t mention our sinful nature and that Christ Jesus

This prophet is in South African parlance [eyes] a fugitive from law. The type of crimes he is charged with are serious: Two women have opened a case of rape against the leader of the Enlightened Christian Gathering church; Prophet Bushiri [the link to these allegations  can be found here: click on this link. Other alleged crimes are inter alia  money laundering and Immigration related crimes.

The challenge to this so-called prophet, is, inter alia, to come and state your case in our courts – you claim to be innocent then come back and have your time in court.

 The internet are awash with write-ups about this man and his wife - and back in South Africa the dust will not settle on these people.

Write me an e-mail:neelscoertse@wirelessza.co.za

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REFUGEES IN THE UK THREATEN WITH SUICIDE IF THEY ARE REPATRIATED

 

Refugees are humans. Not all of them are “kosher;” a lot of them are not bona fide refugees and are clogging up our system [the RSA’s refugee system] and if found out, should be repatriated to there /countries of origin. Having said that, I hasten to add that those that are bona fide refugees, should be assisted with their on-going battle with Department of Home Affairs [“DHA”]; and I do assure you that it is a battle. DHA is notorious for not implementing High Court Orders [see my previous blogpost and I can back it up with references should the need arise].

Internationally there is an outcry of the threat from the UK authorities to start repatriating them to Rwanda and they are getting some stiff opposition – lately from no other than Prince Charles [allegedly]. He is no accused of meddling in the political sphere. I am of the view that he speaks from his heart and as a human being especially in light of some threats of suicide. That is urgent and speaks volumes of the suffering these people have gone thru and are no re-living.

Refugees threaten suicide if they are deported: news from the UK. Some years ago, one of my clients, who shall be in cognito, also told me in private that he will also kill himself in similar circumstances.

You may click on these links to read some reports about this matter and you may then draw your own conclusions:

https://www.aljazeera.com/news/2022/6/8/uk-rwanda-deportation-refugees?sf165856898=1

Prince Charles's private criticism of Rwanda refugee policy revives fears of 'meddling' by future King (inews.co.uk)

 Please write me an e-mail and give me you views: neelscoertse@wirelessza.co.za

Thank you for reading my blog posts.

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MORE ABOUT INTERPOL: RED NOTICE

 

PHOTOGRAPH OF PEOPLE SUBJECT TO RED NOTICES 

How effective are these notices? What colour notices can be issued? Tell me more about the subjects of these notices? What matters are not subject to Red Notices or any other colour? This information is current as of 8 June 2022 and should be checked regularly for updates. Click on this link for updates: https://www.interpol.int/How-we-work/Notices/Red-Notices

 

How many Red Notices are there?

There are currently approximately 69,270 valid Red Notices, of which some 7,500 are public.

 

The majority of Red Notices are restricted to law enforcement use only.

 

In some cases, for example where the public’s help is needed to locate an individual or they pose a threat to public safety, a public extract of the Red Notice is published on this website.

 

In 2021, INTERPOL issued 10,776 Red Notices.

Who are the subjects of Red Notices?

Red Notices are issued for fugitives wanted either for prosecution or to serve a sentence. This follows judicial proceedings in the country issuing the request. This is not always the home country of the individual, but the country where the crime was committed.

 

When a person is sought for prosecution, they have not been convicted and should be considered innocent until proven guilty. A person sought to serve a sentence means they have been found guilty by a court in the issuing country.

 

What checks are done before a Red Notice is issued?

Every Red Notice request is checked by a specialised task force to ensure it is compliant with our rules. This review takes into account information available at the time of publication.

 

Whenever new and relevant information is brought to the attention of the General Secretariat after a Red Notice has been issued, the task force re-examines the case.

Offences for which a Red Notice may not be issued

Article 83 of INTERPOL’s Rules on the Processing of Data (RPD) sets out the specific conditions for the publication of Red Notices.

 

Red Notices may be published only if the offence concerned is a serious ordinary-law crime. They may not be published for the following categories of offences:

 

offences that in various countries raise controversial issues relating to behavioural or cultural norms;

offences relating to family/private matters;

offences originating from a violation of laws or regulations of an administrative nature or deriving from private disputes, unless the criminal activity is aimed at facilitating a serious crime or is suspected of being connected to organized crime.

The General Secretariat maintains a non-exhaustive list of specific offences that fall within the above categories.

 

The current list of offences for which a Red Notice may not be published can be downloaded in the Related Documents section below.

 

Are the individuals wanted by INTERPOL?

No, they are wanted by a country or an international tribunal.

 

INTERPOL cannot compel the law enforcement authorities in any country to arrest someone who is the subject of a Red Notice.

 

Each member country decides what legal value it gives to a Red Notice and the authority of their law enforcement officers to make arrests.

 

Why are Red Notices important?

They are used to simultaneously alert police in all our member countries about internationally wanted fugitives. Police in other countries can then be on the watch for them and use the Red Notice to support extradition proceedings.

 

Red Notices help bring fugitives to justice, sometimes many years after the original crime was committed.

 

What should I do if I have information on an individual?

Please inform your local police authorities and/or the INTERPOL General Secretariat. If you have information on any person who is subject to any notice that was issued by Interpol, please click on this link and fill out the form requesting information:

https://www.interpol.int/Contacts/Fugitives-wanted-persons

 

Thank you for reading this story and I would appreciate it to hear from you:

 

Please write me a letter by clicking on these e-mail links: neelcoertse@wirelessza.co.za & cjcoertse.law@gmai.com

 

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Atul Gupta, who was arrested with his brother, Rajesh, in

Dubai on Monday [6 June 2022: CJC], Photograph: AP

Why is that important? Because these guys were fingered in a judicial enquiry led by the Deputy Chief Justice Raymond Zondo. No, they were not found guilty of any crime in South Africa whatsoever and to allege that they are criminals is also not true.

South Africa is seeking to extradite these guys from Dubai. You can read the article by clicking on this link:  https://www.theguardian.com/world/2022/jun/07/south-africa-seeking-extradite-gupta-brothers-arrest-dubai

You can find information about the executive Committee of the Zondo-commission by clicking on this link: https://www.statecapture.org.za/site/about/exco If you need more information about this commission and the sterling work it is doing, rattling the cages of Zuma and the Guptas and a whole lot other guys, you will find it on the internet.

For information about the Guptas in South Africa, the internet is full of various articles, information and images. After having read some of these internet sources, I suggest that it is safe to allege that they are notorious. The relationship between them and the erstwhile president of SA, Jacob Zuma is fairly well established. There are also numerous websites with all sorts of information about this character Zuma as well.

Atul Gupta “advising” Zuma – and I will assume that this photo was taken a long time ago [according to the website it was taken in 2011 – that was during the time when Zuma allegedly got advice from these brothers

To return to the Guptas we should have a look at Interpol’s Red Notice that was issued on during March 2022. According to an article on the web, Interpol issued its Red Notice in respect of the Guptas during March 2022; you can read that article by clicking on this link: https://www.voanews.com/a/interpol-issues-red-notices-for-gupta-brothers-wanted-in-south-africa-/6467083.html

You will ask me: “What is a Red Notice? Isn’t it an international warrant of arrest for a dangerous criminal? The answer is an emphatic NO – it is not an international warrant of arrest. Well – what then this RED NOTICE? I quote from Interpol’s website:

“What is a Red Notice? A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.

It contains two main types of information: Information to identify the wanted person, such as their name, date of birth, nationality, hair and eye colour, photographs and fingerprints if available.

Information related to the crime they are wanted for, which can typically be murder, rape, child abuse or armed robbery.

Red Notices are published by INTERPOL at the request of a member country, and must comply with INTERPOL’s Constitution and Rules. A Red Notice is not an international arrest warrant. “ [My cursive and red.]

A Red Notice is an international wanted persons notice, but it is not an arrest warrant. [Click on this link: https://www.interpol.int/How-we-work/Notices/Red-Notices and it will take you straight to Interpol’s literature about this thing that is on everybody’s lips in South Africa.] When you are on the website, you may just as well watch the video explaining what a Red Notice is.

To view Red Notices, and to read about the type of person that is the subject thereof click on this link: https://www.interpol.int/How-we-work/Notices/View-Red-Notices There are photos as well just to satisfy your curiosity. And the Gupta’s are in that “illustrious” company.

Photos taken from Interpol Red Notice website. Surprisingly there are women

on this Red Notice list as well.

Please don’t jump for joy when you read about their provisional arrest – they have not been extradited to the RSA and they were not found guilty of any crime whatsoever. The best I can say [and I am happy to say it] is that the legal processes [and most probably other processes whether legal or not] are going ahead. We can be sure that they, and probably Zuma’s sphere of influence, will also be looking into this lot. Stay tuned and please write me an e-mail to tell me what do you think?

My e-address is: neelscoertse@wirelessza.co.za or my gmail account is cjcoertse.law@gmail.com

Thank you for reading thus far.

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