Yesterday, March 22 2016, i was to face Advocate Julie Seton.
In itself, that’s an interesting situation as Seton has represented several people against me. I claim that those cases are political and to shut me up. They claim that it’s to stop me being defamatory and that it isn’t political because it’s initiated in personal capacities.
I tell you both sides, without arguing the merit as i have no intention of disobeying magistrates’ orders. You, the reader, can judge for yourselves where the truth lies.
This time, legal actions were direct. By that i mean that, on the same day, Advocate Seton and i each made applications for Protection Orders against the other.
Both of us also applied for interim interdict orders which are restrictions put in place until the trials are heard. Basically, she wants me to not mention her on my websites and social media. I want her to not mention me on Facebook and, in particular, on Knysna Knews.
It became more complicated when Chief Magistrate Isak van der Merwe decided that for impartiality that our requests for an interim orders be heard by a George magistrate. Seton’s was quickly granted. Mine was initially denied. I added more evidence and reapplied – i was then successful.
The orders differ slightly in that:
- I can publish about her but nothing defamatory. I had no intention to be defamatory but the definition of that can be in the eye of the beholder. I hope that this blog is a good example of updating you without any complications attached.
- She is not allowed to mention me directly or indirectly i.e. she cannot mention me at all.
Regards Seton’s main application, i used what is called a Notice of Anticipation of Return Date. Basically, it gives 24hrs notice that the court case be moved forward. I consider the matter to be one of urgency so wanted the case to be heard yesterday. Seton benefited because it was a long weekend, thus giving her more time.
However, no magistrate was available which put legality in a grey area as it’s my right to go to trial. This situation found both Seton and i sitting before Chief Magistrate van der Merwe, in his office, with Court Clerk Mason Govender in attendance.
Advocate Seton requested time to find a lawyer. Van der Merwe granted her request.
As per usual, i will be forced to represent myself.
Our cases were initially set for trial a week apart. Then they were placed on the same day but separate.
We have now agreed that they will be heard as one, so as to unburden the court, on April 22 2016.
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Update: I originally stated in this blog that my interim order request was decided in George and Seton’s in Knysna. That is incorrect. Both were heard by George Magistrate E. Moloro.