The Magistrates’ Commission never acted on my complaint I sent a year ago. You can download the signed pdf or view the text below:

AFFIDAVIT

1.

I, the undersigned,

MICHAEL JAMES HAMPTON

State under oath in English that:

1.

I am an adult male of 46 years of age with identity number 720 420 5235 089, edress mike@loveknysna.com and home address of 297 Sarnia Road, Seaview, Durban.

2.

The facts contained herein, save where indicated otherwise, are within my own personal knowledge and are to the best of my knowledge and belief both true and correct.

3.

Any conduct by a Magistrate that is alleged to be improper may be reported to the Judicial Head of the Court (hereafter referred to as the Chief Magistrate) wherein the Magistrate concerned presides. That has been done to no response. However, in hindsight, that was the incorrect path as it was impossible for the widespread misconduct by several magistrates to have occurred without the Chief Magistrate’s knowledge. Indeed, the Chief Magistrate’s own conduct requires investigation.

4.

It is the understanding of this Complainant that court judgements cannot be altered but it’s essential that the Magistrates’ Commission look at this complaint in context, understanding the nature of the relevant court cases and the resulting judgements.

5.

I’ll assist in answering questions and providing info where possible but it’s requested that the Commission acknowledge that the Complainant is an activist serving his country who doesn’t have the means to order costly court files. The severity of the situation, the perversion of justice for political ends, requires acknowledgement and dedicate response by the Magistrates’ Commission.

6.

The obvious is uncomfortably stated because, in my experience, no legal body or NGO will touch the issues I present, the only commonality their seeming aversion to address the corruption of the Democratic Alliance (DA). Simply put, the only logical conclusion I can draw from the past 7 years is that the justice system has failed and is rotten, having chosen a side. I’m hoping that the Magistrates’ Commission holds onto integrity.

7.

Before addressing the bias and questionable situations involving each Magistrate and the cases they presided over, background to my activism, and backlash thereto, is necessary.

BACKGROUND & QUESTIONS

8.

The motive of those who take me to Court is self-interest and political interest. It is based on the cover-up of corruption, a means to silence me.

9.

How is it possible that not one Magistrate has noted that those applicants are involved in wrongdoing I have exposed? I provide summary for context [MC02c].

10.

Why is it that not one councillor or municipal employee has acted on the evidence I’ve provided, instead either being involved in court cases against me, or seemingly happy to have them happen.

11.

The effect is to damage my life whilst gagging me against the Public’s best interest. The effect is an attack on the Constitution of South Africa and Human Rights.

12.

Knysna is a small town. It’s conservative and some groups of people have uncomfortable influence. Generally, they want the status quo to remain. The people acting against Hampton are generally the same group of friends who are well known in the town and thus known to staff in the Knysna Magistrate Magistrates’ Court, even more so where they are, or have been, political figures and/or are lawyers.

13.

Of those taking Hampton to Court, Deputy Mayor Esme Edge, DA Candidate Julie Seton, DA Councillor Dr Martin Young and Mark Allan were main figures using (then) anonymously run internet pages to try discredit me. Notably, Seton, who is also an advocate, has been involved in all their court cases and more against me.

14.

Attorney Carl Jeppe and Advocate Seton shared an office 30km from Knysna (alone) for years (conflict of interest, lack of impartiality). Jeppe has never argued in a case against me, never even appeared for a pre-discussion in Magistrate’s Chambers. When he appeared in Court once, because Seton could not make it, he had no idea what was happening and asked to be excused because he was in another court room defending a baby paedophile (paying client, not court appointed and his client later convicted).

15.

It’s my belief that Jeppe allowed Seton to use his letterheads for hers and the DA’s campaign against Hampton. Hampton doesn’t believe Seton bothers to be on brief but that Jeppe would likely try cover for her.

16.

Other figures intermingling with them are Attorney Colleen Nel, Attorney Adele Smit and Attorney Zwaai Kruger. They are friendly with Seton and seem to act together.

17.

Magistrates hamper me in many ways, particularly with delay. The goal seems to be to keep me gagged as long as possible. Additionally, none of the evidence of the DA’s involvement, extensively evidenced by me, is referred to in their judgements. That’s too obvious and repetitive to be unintentional.

18.

For a brief, unproductive period in 2014, I had an attorney, Hardy Mills, who was under enormous pressure by the DA and ANC in the Oudtshoorn Municipality (same district as Knysna). Mills told me that he’d been offered a bribe by the DA, 2 weeks before, for both of us to drop Hampton’s activism and related cases. The bribe would’ve be paid via business from the Knysna Municipality – R100,000 per month for Mills, R20,000 per month for me. Although Mills never stated directly they we should take the bribe it was obvious that he was hoping I would say yes. Additionally, Mills refused to name who had offered it. Mills was economically pressurised because Oudtshoorn Municipality had failed to pay him R2-million in legal fees which meant that he couldn’t pay R1.2-million he owed to advocates. Hampton turned down the bribe. Mills was disbarred for non-payment.

19.

As no will represent me, as no one will stand against the DA, I’ve been self-represented in every case’s main action in Court. No Magistrate has provided fair allowance, as required by law, for my being a layman. Instead, it seems to empower them to act in corrupt manner.

20.

The DA’s involvement in strategic lawsuits to cripple me is obvious. Their claim that it’s individuals and not the party taking me to court is ludicrous because:

• Every case can be linked to DA members and government corruption.
• The DA, local and national, has failed to act on the evidence I have provided them on their members.
• Of those that have not yet gone to Court, I was threatened with legal action by Mayor Eleanore Spies. Her DA colleague, Councillor Peter Myers, said that Speaker Georlene Wolmarans was added to the proceedings and that costs were being illegally paid with Public funds.
• Instead of investigating them, in April 2018, Lance Joel, the Office Manager of the CEO of SALGA (South African Local Government Organisation), who appears to be friends with Spies and Wolmarans, stated to the Knysna Council that SALGA would support the Knysna Municipality suing me for defamation, a test case he said. That was illegal as the State cannot use Public funds to sue the Public. When challenged, Joel’s response was to threaten to sue me.
• Who benefits counts! The main cumulative beneficiary of my strife is the DA. My removal and cover-up are in their best interest of not only the local politicians but the leadership of the DA who are implicated in several ways.

21.

Many of the cases must be considered as a reaction or part reaction to my ‘Love Knysna Petition’ which has had three hearings in Parliament. It includes evidence against all who have taken me to Court. The majority of provinces on the Committee Petitions & Executive Undertakings recommended that all my allegations be investigated [MC02d]. It has been tabled [MC02de but has yet to be debated by the House before possible adoption.  A reading of these documents would provide some insight as to what’s at stake and what’s perpetuated against me.

22.

I do not wish to overburden the Commission by diverting from the main action of my complaint but I can provide extensive evidence to support my claims of corruption involving the people discussed herein. I encourage the Commission to test my credibility so as to better understand how much is at stake, how this affects other citizens, and why what is happening in the Knysna Magistrates’ Court is insidiously unConstitiutional and possibly complicity in corruption.

KNYSNA MAGISTRATES’ COURT

 23.

It’s a fundamental problem that some clerks communicate poorly or not at all. The problem may be that the lawyers who oppose Hampton have long been regular features in the building and are thus friendly with the staff. If it isn’t personal, is it ordered?

 24.

Herewith the strange behaviour and outright misconduct involved in all the cases involving me. Although your focus will be on the Knysna Magistrates’ Court, I include other actions to show common cause i.e. same players linked to each other, and part of the same attack to silence me. In the High Court cases involving Deputy Mayor Edge and Speaker Dawson, the path began locally with Chief Magistrate Van der Merwe. Note that I refer to myself in the third person, as ‘Hampton’, in paras 25 to 33 below.

25.

DA CANDIDATE MAGDA MOOS

H55/2014
Knysna Magistrates’ Court
Start: June 17 2014
End: July 29 2014 (Judgement)
Duration: 13 months
Protection from Harassment:

Hampton’s disagreement with Moos was for her being a DA Branch Manager and DA Candidate who attended a meeting with DA MEC Alan Winde, DA Knysna Constituency Chair Peter Myers (who would become Deputy Mayor) and others. The meeting was with regards several of Hampton’s complaints which included Knysna Tourism. The DA did nothing constructive with Hampton’s evidence and instead blocked him further, Winde refusing to hand over the recording of the meeting, Myers and Moos refusing to gain it.

Despite Hampton having no interaction with Moos’s daughter, Alexis, she was added to the complaint’s request for protection. Notably, her daughter worked for the Knysna Municipality alongside her friend, the daughter of then DA Mayor Georlene Wolmarans (now Speaker). Alexis would later become Wolmaran’s personal assistant. Hampton had also accused Wolmarans of being involved in the cover-up of Knysna Tourism’s maladministration. Wolmarans and Edge were in the same DA faction.

Presiding:

• Magistrate Goosen

Representing Moos:

• Attorney Carl Jeppe (instructing)
• Advocate Julie Seton (advocate)

Relationships:

• Seton, Edge, Wolmarans and Moos are friends and in the same DA faction.
• Moos, like Seton, became a failed DA candidate.

What happened:

• The initial meeting re Moos and Vogt’s cases was held the same morning, back to back in Magistrate Goosen’s chambers.
• Seton said she’d represent Moos for free and that there was no instructing attorney. Moos would later add a supplementary affidavit with Attorney Jeppe’s name on it.
• Hampton felt confident of judgement in his favour. Cross examination had been allowed. Moos was awful on stand. She was perjurous. She made the bizarre lie that she never knew Hampton even though he had known her a long time, occasionally dropping off donations at the creche she owned (Hampton would later find a 2013 conversation with her where he’d invited her to the yacht club). Moos tried to make herself as a victim, a person running a creche to help poor kids, when Hampton showed the reality which was her as a DA Branch Manager, DA candidate, on several boards, a business women and the Deputy Chair of the Community Policing Forum for the Western Cape.
• Moos was entirely unbelievable and even stated that she was a public figure yet, because Hampton took two photos of her and posted a blog about her, she was granted a protection order.
• The small judgement, scrawled on paper, is in contrast to what happened and excluded Hampton’s argument.

Other actions by Moos:

• Crimen injuria – never went to Court.
• R100,000 law suite – never went to Court.

26.

CEO KNYSNA TOURISM GREG VOGT CASE

H62/2014
Knysna Magistrates’ Court
Start: July 9 2014
End: March 14 2016 (Judgement qualification)
Duration: 20 months

Protection from Harassment:

Hampton’s disagreement began with Vogt in his role as a director of Knysna Tourism and continued through his rise to Chairperson of the Board and then CEO. That would make Knysna Tourism the ‘Applicant’. The only reason Vogt brought it is because of the requirement of the Act is that only natural persons may apply.

Note that Vogt did not appear on the stand so was never cross-examined.

Presiding:

• Initially Magistrate Goosen in Chambers
• Magistrate Mentor in court (from George)

Representing Vogt:

• Carl Jeppe (instructing attorney – not on paperwork)
• Julie Seton (initial advocate – not on paperwork)
• Coleen Nel (second instructing attorney)
• Unreadable (2^nd Commissioner of Oaths to Vogt)
• Attorney Adele Smit (3^rd commissioner of oaths to Vogt, then working for Zwaai
• Kruger of Kruger & Co Attorneys)
• Paul van den Berg (advocate on court day)

Relationships:

• Seton married to Edge, Edge was Tourism Board Director with Vogt before he became CEO.
• Seton applied to be Tourism Board Director.
• Seton allegedly failed DA candidate.

What happened:

• Advocate Seton appeared for Vogt in Magistrate Goosen’s chambers.
• At a second appearance, Seton said that Attorney Carl Jeppe was the instructing attorney but there was never paperwork with his name.
• Vogt changed attorney and advocate after Hampton wrote about Seton conflict of interest.
• Hampton initially had an attorney and advocate but attorney did no work on case and was disbarred for other reasons.
• Hampton was not informed that his Advocate ‘Broekies’ Bruwer and the Chief Magistrate had previously had a major fall-out and were not on speaking terms. This would have undoubtedly being known in the Court and, as he is the Chief Magistrate, that could possibly have affected the impartiality of any Magistrate under him. The Chief Magistrate should’ve repaired the situation before Bruwer appeared in the Magistrates’ Court again.
• Court folder unable to be located for a while.
• When folder found, supporting evidence for Hampton’s responding affidavit missing.
• Magistrate Mentor made no effort to hide his friendship with Advocate Van den Berg when in Chambers just before Court appearance.
• In Court, Magistrate rejected Hampton’s affidavit for being “incorrectly formatted” and then dismissed his evidence because “there could be no evidence without an affidavit referring to it” (paraphrased).
• Hampton found guilty in approx 15 minutes.
• Hampton appealed only to have it treated as a request for qualification of Magistrate Mentor’s judgement (which became a 5-month delay).
• Mentor’s judgement was nonsense e.g. Hampton criticised the unlawful appointment of Vogt as CEO. Mentor interprets that as harassment because as it would be economic harm if Vogt lost his position.
• Hampton never had money to go ahead with the appeal but initially tried. For this and the Dawson case, he went to the George Magistrate’s Court twice, in attempt to find out who to file the documents with. Unsuccessful both times, he had a staff member put the papers on (name forgotten) clerk’s desk but despite follow-up calls he wasn’t helped.

Other actions by Vogt:

• Ist legal letter to Hampton was from Delon at Logan Martin Attorneys but they never participated in main action.
• Vogt laid crimen injuria charge 190/07/2014 – police took Hampton’s responding statement. Nothing happened thereafter.

27.

DEMOCRATIC ALLIANCE DEPUTY MAYOR ESME EDGE CASE

Case 21828-2014
Cape High Court
Start: December 3 2014
End: July 7 2015
Duration: 8 months

This may have been in the High Court but it mentions the local Chief Magistrate and has been added, several times, to the evidence in cases in the Knysna Magistrates’ Court.

Interim order, Interdict, Contempt of Court (3-month sentence suspended 3-years):

Hampton’s disagreement began with Edge in her role as a director of Knysna Tourism and DA councillor, continuing through her rise to Deputy Mayor. Additionally, Knysna Municipality’s Legal Adviser Melony Paulsen was the Commissioner of Oaths for her affidavit. That would make Knysna Tourism, Knysna Municipality or the DA the  ‘Applicant’, not her as an individual.

Additionally, to harass Hampton, Edge never laid it in the George Court (60km) but instead in Cape Town (480km). When Hampton first went down (17hr return bus ride, 4 taxis and hotel), her advocate requested postponement which was granted.

Note that Edge did not appear in Court so was never cross-examined.

Presiding:

• J Allie

Representing Edge:

• Attorney Carl Jeppe
• Advocate Julie Seton (not on brief)
• Advocate Herold Gie
• Maria Coelho (1^st Commissioner of Oaths) – same as Dawson’s application
• Knysna Municipality’s Legal Adviser Melony Paulsen (2^nd commissioner of oaths)
• Attorney Zwaai Kruger – Hampton told to view taxation costs there

Relationships:

• As previously discussed with emphasis on her being married to Seton and having being a Knysna Tourism director.

What happened:

• Two cases happening same time period, Edge and Speaker Richard Dawson (fellow Council and Knysna Tourism Board members) against Hampton through High Court applications.
• Both cases state that Chief Magistrate Isaak van der Merwe would not accept their PHA cases and recommended that they use the High Court. A magistrate cannot recommend so when Hampton queried this, the Chief Magistrate told him he must follow proper procedure by asking him through the Magistrate’s Commission. This made no sense but Hampton did so only to have the Commission tell him to contact the Chief Magistrate.
• No attempt to serve Hampton normally but seemingly an attempt to embarrass him by serving him in front of everyone in the Knysna Municipality after a Council Meeting. By coincidence, Hampton left as soon as meeting ended, so was first to open door leading to upstairs foyer where he discovered the Sheriff and Seton right in front of the door, the Sheriff reaching for the door whilst Seton was speaking to him. They were both surprised, Hampton believing that Seton was directing the Sheriff.
• Hampton initially had an attorney and advocate but attorney did no work on case and was disbarred for other reasons. The server of address never communicated with Hampton and thus Hampton never received court documents.
• The Court files went missing at one stage and the Registrar refused to assist.
• When Edge’s counsel never appeared. Hampton’s advocate told him the case was over and that he could blog. He published one blog for which he was found in contempt of court, receiving a 3-month sentence suspended for three years. This expires in July 2018. With pressure on now, this is the main noose around Hampton’s neck.
• Whilst still represented, Hampton’s advocate submitted a Constitutional argument. There was evidence submitted. The Judge rejected the Constitutional argument and asked Hampton questions which he wasn’t allowed to respond to because there was no evidence. Hampton found guilty and ordered to pay costs.
• Hampton sent a R276,000 legal bill which was totally disproportionate to two brief court appearances. The bulk of that was to be paid to Attorney Jeppe. R87,000 was charged to read Hampton’s blog. The goal was to illegally burden Hampton. It was likely that they never expected Hampton to ask for taxation which they failed to comply with twice and then never pursued their costs (legal fees recalled from memory so may differ slightly).
• ‘They’ because Advocate Seton was likely the instigator again. She claimed not be involved, even lied to the Cape Bar that she wasn’t. Although Hampton doesn’t have access to his early attorney, he knows all the early conversations were between his attorney and Seton, including the negotiation for the court date and contempt request to be put on the same date. Hampton has one email in which his attorney had emailed Seton, thus proving she lied [figures as best as Hampton can recall, papers burnt in Knysna Fire].

28.

DEMOCRATIC ALLIANCE SPEAKER RICHARD DAWSON

Case 21828-2014
High Court
Start: January 23 2015
End: April 28 2016
Duration: 9 months

Interim order request:

Hampton’s disagreement began with Dawson in his role as a director of Knysna Tourism and DA councillor i.e. again DA and public figure.

Barely a month after Edge’s case, and unlike Edge who applied through Cape Town, this was through the George’s High Court circuit. It may have been filed in George but his affidavit, signed a week before, says Cape Town. Hampton assumes it was initially decided by Seton were it should be filed and that Dawson had it changed owing to his ill health.

Note the similarity between Dawson and Edge’s affidavit i.e. same writer, likely Seton, not only in style but in facts e.g. Edge objected reference to Seton as “girlfriend”, Dawson objected to his Ward 10 colleague as “boyfriend”.

Presiding:

• Case withdrawn, thus no Judge appointed.

Representing Dawson:

• Attorney Carl Jeppe
• No advocate mentioned in court docs
• Maria Coelho (Commissioner of Oaths) – same as Edge’s application
• Attorney Zwaai Kruger – Hampton told to view taxation costs there

Relationships:

• As previously discussed.

What happened:

• Hampton filed opposal.
• Case withdrawn after many follow-ups by Hampton to Attorney Jeppe.

29.

MARK ALLAN

Case 732/2015
Knysna Magistrates’ Court
Start: April 15 2015
End:  Early 2016 (papers burnt in Knysna Fire)
Duration: Estimated 10 months

Civil Suit R100,000:

Allan was a local businessman who was friendly with Note that trial didn’t conclude so Allan was never cross-examined.

Presiding:

• Main action never began but not without drama.

Representing:

• Attorney Carl Jeppe
• Advocate Julie Seton
• Attorney Zwaai Kruger (server of address)

Relationships:

• As with other early cases, all linked to Knysna Tourism. Allan was friendly with ex-CEO Shaun van Eck (whom Vogt would replace). Allan used Tourism as his excuse to stand against Hampton online. His claims and propaganda would become outlandish, adopted by the DA as a tactic.
• Allan would later become an admin on Young’s pages against Hampton. Allan would also be an avid and nasty participant in the comment section of the Edge and Seton’s Knysna Knews page.

What happened:

• Hampton mistook statement of opposition as plea.
• Writ of execution issued against Hampton.
• Writ rescissioned.
• Allan relocated to Thailand so case never continued.

Other actions:

• Hampton had previously gained a protection order which lead to criminal charges because Allan repeatedly contravened it. SAPS wouldn’t investigate or arrest.
• A fraudster stated on Facebook he wanted to hit Hampton for exposing him. Allan publicly gave the fraudster Hampton’s address. The police didn’t investigate and the Prosecutor declined to prosecute.

30.

JULIE SETON a.k.a. JULIE LOPES a.k.a. JULIE JEFFREYS

Case H33/2016
Knysna Magistrates’ Court
Start: March 4 2016
Anticipation: Not granted
End:  Nov 18 2016
Duration: 8.5 months but longer as described below

Protection from Harassment:

Seton’s case was H33/2016. Hampton’s case was H34/2016. The reason why hers was numbered first was because she rushed to the clerk as soon as both left the Court (different case) where Hampton had showed the Magistrate he was about to file. Both cases ‘heard’ together.

Notably, Edge’s judgement against Hampton used by the Applicant as evidence.

Note that Seton didn’t appear on the stand so was never cross-examined.

Presiding:

• Magistrate Emma Moloro

Representing:

• Attorney Willie Smith
• Attorney Zwaai Kruger (server of address)

Relationships:

• As previously mentioned.

What happened:

• Anticipated by Hampton for March 22 2016. Chief Magistrate Isaak van der Merwe’s excuse that no magistrates available.
• In April, Magistrate Moloro arrived from George very late, approx 3hrs. She obviously recognised Hampton because she, without robes, walked over to him at the end of the corridor where he was away from the Court. She spoke to him by name and said he’d be called to her Chambers.
• In Chambers with Seton and Hampton, Moloro refused to enter the Court room and go on record.
• Moloro refused Hampton witnesses.
• Moloro refused cross-examination and insisted all be done via papers which must be emailed to her. That was the only time Hampton saw her.
• Attorney Willie Smith was clueless, he even told the Magistrate that he wasn’t familiar with the case. He was there in name only. It was Seton’s show.
• Evidence ignored, Moloro granting both applicants protection orders.
• Seton laid two criminal charges against Hampton for contravention of protection order (false). Hampton laid a criminal charge for her repeated contravention. Hampton got fingerprinted by SAPS in cell area. Seton didn’t.
• It took many requests before the written judgement arrived 5 months. It was not dated.
• Hampton sent appeal on Dec 22 2016. Clerk sent him a query on January 9 2017. Hampton unsure if was agreed to but cannot confirm with papers burnt in fire.
• Hampton’s complaint to the Cape Bar was strangely responded to by the Chair who ignored all evidence to essentially stand up for Seton. Hampton laid complaint against the Chair which wasn’t responded to.

31.

SEDGEFIELD FIRE STARTION COMMANDER WAYNE STERNSDORF

Case H63/2016
Knysna Magistrates’ Court
Start: March 4 2016
Anticipation: Denied
End: July 7 2017
Duration: 16 months but longer as described below

Protection from Harassment:

Hampton wrote an article about how Sternsdorf, a white man, when an employee of the City of Cape Town, allegedly made a black cadet literally act like a dog. Hampton wondered how Sternsdorf, who had quit during his disciplinary hearing, could have gotten employed in Knysna. It then appeared that the two people higher than him, Director Adonis and Fire Chief Clint Manuel, who were involved in employing him may have been illegally employed too. Adonis had previously worked with Manuel. Manuel was friends with Sternsdorf. Both wouldn’t act on Hampton’s complaint and instead, along with Seton, signed confirmatory affidavits on behalf of Sternsdorf. And emphasising their failure to act on Hampton’s complaint, the Knysna Municipality hired a lawyer to represent Adonis and Manuel when Hampton called them as witnesses.

Notably, Edge’s judgement against Hampton used by the Applicant as evidence.

Note that Sternsdorf didn’t appear on the stand so was never cross-examined.

Case should have been dismnissed as malicious because application based on perjury that Hampton had lied about Sternsdorf having faced disciplinary proceedings in Cape Town. Magistrate deliberately chose to ignore this evidence.

Presiding:

• Magistrate Nomzaza

Representing:

• Attorney Adele Smit for Applicant.
• Attorney Donald Curtis (Mosdell, Pama & Cox) for witnesses from Municipality.
• Attorney Colleen Nel (Commisioner of Oaths)

Relationships:

• Witness Seton and Edge are Sternsdorf’s neighbours.
• Sternsdorf works for Knysna Municipality.
• Witness Fire Chief Clinton manuel is both friends and boss of Sternsdorf.
• Witness Director Dawie Adonis exposed by Hampton as illegally appointed. Municipality admits it later, outside of case.

What happened:

• Interim order granted.
• Hampton anticipated without date because needed to know magistrate availability (to overcome excuse in previous case). No assistance.
• Hampton anticipated again, this time for for September 7 2016.
• Both Sternsdorf and Attorney Smit looked to Advocate Seton when Magistrate Nomzaza asked questions. Hampton asked the Magistrate to note that Seton, a supposed confirmatory witness was calling the shots.
• Magistrate promises SAPS attendance.
• Fire Chief Clinton Manuel tries to intimidate Hampton. No DSAPS present. Both Magistrate Nomzaza and Knysna Municipality fail to act on complaint against Manuel
• Hampton’s rented home and posessions burns down. Notably Manuel the only fireman in area and knew home under threat at stage when none had burnt. Notably, neighbour drives from Cape Town and saves his house. Where was Manuel?
• Magistrate acts as if she is Applicant’s counsel with regards SAMWU evidence that Applicant lied about disciplinary.
• Magistrate agrees to evidence and says will consider others. Applicant objects via motion. Magistrate excludes both evidence agreed to and considered.
• Magistrate had agreed to witnesses with great reluctance, Hampton having had to repeat exact words so that she was appropriately on record. Applicant submits motion against witnesses. Magistrate agrees.
• Magistrate refuses to give explain any of her decisions despite Hampton repeatedly asking.
• Magistrate refuses to give Hampton guidance when asked.
• Manuel threatens Hampton in coffee shop after fire. DA leadership in Cape Town, as well as Knysna Municipality and Council, fail to respond to Hampton’s complaint.
• Hampton leaves town. Magistrate and clerk fail to respond to numerous emails.
• In January 2018, Hampton discovers final protection order granted because Young includes it as evidence in his case.
• Hampton receives threatening email from Seton. He doesn’t consider it coincidence that soon thereafter he received email from Sternsdorf with protection order attached (5 months after order given). Hampton emailed court clerk, asking for confirmation. Although read receipt received, no response.
• Magistrate has yet to explain judgement.

32.

MAYOR ELEANOR SPIES & SPEAKER GEORLENE WOLMARANS

High Court Interdict threats:

Hampton sent questions to Mayor Spies which instead of answering resulted in Hampton receiving 3 letters threatening him with High Court.

Representing:

• Cliffe Dekker Hofmeyr Inc

Relationships:

• Wolmarans was Mayor, Spies was Speaker
• After 2016 local elections, they switched positions
• Cliffe Dekker Hofmeyr Inc had done work for the Knysna Municipality for several months preceding their hiring by the councillors.
• It’s ironic that Cliffe Dekker Hofmeyr Inc’s separate legal opinion to Knysna Municipality stated that the funding of Knysna Tourism was illegal.

What happened:

• Cliffe Dekker Hofmeyr Inc refused to answer who was paying their legal costs, Spies or Knysna Municipality, the latter being illegal.
• Faction split in the DA finds Councillor Myers stating that the DA has demoted him as Deputy Mayor and is instituting disciplinary proceedings against him because he is refusing to vote with them for illegal activities. As he’s an enemy of Hampton, and stood with MEC Winde against Hampton regarding Knysna Tourism, he ironically using three of Hampton’s issues as reason: 1. Knysna Tourism funding illegal. 2. Director Dawie Adonis illegally appointed and then illegally redeployed. 3. That Mayor Spies and Speaker Wolmarans were illegally using Public funds to pay their legal fees with Cliffe Dekker Hofmeyr Inc against Hampton.
• The DA Federal Legal Commission’ and DA Federal Executive will not respond to Hampton regrading why they are not including him and his evidence in the disciplinary hearing. Disciplinary now postponed to unknown date despite Glynis Breytenbach having said that nothing would stop it being held this past January.
• Previously, both Mayor Spies and Speaker Wolmarans have used the Knysna Municipality and Knysna-Plett Herald to issue propaganda press releases against Hampton.
• Municipal Manager defied the Council and, three times, failed to deliver a report into the mayor and Speakers illegal use of public monies for their personal legal battles.
• In April 2018, the DA sprang Lance joy, Office Manager of the CEO of SALGA, on the Knysna Council. His appearance was unlawful in that he was not on the agenda. Opposition councillors had no time to prepare. Mayor Spies and Speaker Wolamarans obviously knew him as it was reported online that they hugged him and were very friendly. He then stated that SALGA would support the Municipality in suing me. That too is illegal as public funds cannot be used to sue the Public.

33.

MARTIN YOUNG

Case H62/2017
Knysna Magistrates’ Court
Start: July 27 2017
Served: Emailed January 21 2018 / read by Hampton January 28 2018
End:  ongoing… as of May 21 2018, I’ve yet to receive a court order

Protection from Harassment:

Notably, Edge’s judgement against Hampton again used by an Applicant as evidence.

Presiding:

• Chief Magistrate Isaak van der Merwe

Representing:

• Attorney Zwaai Kruger
• Advocate Julie Seton (1^st Commissioner of Oaths)
• Attorney Adele Smit (2^nd Commissioner of Oaths)

Relationship:

• The usual suspects.
• Note previous mention of Chief Magistrate Isaak van der Merwe regarding Edge and Dawson cases. Additionally, he’s the Chief so it seems unlikely that he is unaware of the constant abuse of his Court.

What happened:

• Clerk again refuses to respond so Hampton is unaware if case can impartially proceed. Would Hampton be safe in Knysna? Lack of communication a major problem as Hampton broke and in Durban.
• Opposing counsel never responded to Hampton’s response to their service so problems such as unreadable evidence cannot be resolved.
• Applicant granted an interdict against common sense reading of his forms and evidence which suggests bias by the Chief Magistrate e.g.
  • Forms are incomplete and thus there can be no interim order, warrant of arrest or hearing towards consideration of a final protection order.
  • The Chief Magistrate is a learned man who knows that specificity is required so why did he make such generalisation in his order? Why did he allow permanent decisions in an interim order i.e. deletion of Facebook posts (which is the only way to take them down them)?
  • As Young is member of the the Democratic Alliance and Hampton was questioning him in that role, why was a PHA case, meant for individuals, allowed by the Chief Magistrate? As amplification, Legal Aid will not assist Hampton in this case saying that it’s meant for the Public Protector.
  • Why did the Chief Magistrate allow substituted service without asking the Applicant for proof that he tried the simplicity of mailing Hampton?
  • Hampton is the victim, not the Applicant. The Applicant’s evidence includes actions against Hampton that he doesn’t deny, notably his threatening of the Hampton. Did the Chief Magistrate ignore such blatancy because Knysna Magistrates’ Court is part of the “we” referred too?:
    • Applicant to Hampton: “You seem not to realize that you are in no position to negotiate. I’m surprised you even tried. We hold all the cards, and have all the power to make your life really and truly miserable.” [Applicant’s pg 31, and in greater context, pg 40->46]
  • The Public is also the victim: He threatened to sue 200 of Hampton’s subscribers for R60-million [Applicant’s pg 134->135]. Why did this not emphasis to the Magistrate that this case was not meant for the Lower Court via PHA?
  • The Applicant abused his doctor title to fabricate a psychiatric diagnosis, claiming Hampton was a sociopath who should be kept away from children. Hampton has never been his patient and the Applicant is an ENT doctor.
• The lack of due diligence is highly concerning to Hampton’s expectation of fair process before fair trial.
• The Clerk has failed to respond to queries for over three months. The case has either been dismissed or Hampton has another protection order against him. If the former, Hampton has been held unduly gagged by an expired interim order. If the order has been finalised, then the Chief Magistrate did so despite the blatant evidence against the propagandist that the Applicant is.

OTHER

34.

Unrelated to the DA but related to the Knysna Magistrates’ Court, Magistrate Potgieter reduced an attempted murder allegation by Hampton against a drug dealing neighbour into a he said/he said scenario and dismissed it within minutes. Whilst retired, she made a comment on Facebook against Hampton. She also liked a post against Hampton by Seton/Edge. She has now returned to judiciary service.

35.

Further showing that the refusal by the authorities linked to the Court to act appropriately is that:

• SAPS Captain Kitching made a comment against Hampton on Seton/Edge’s Knysna Knews FB page. Other cops have previously threatened Hampton.
• The Control Prosecutor has failed to assist.

CHIEF MAGISTRATE ISAK VAN DER MERWE

36.

On February 27 2018, I sent the Chief Magistrate a complaint that was similar to this [MC02f, MCO2g]. It was acknowledged by his Clerk but he has failed to respond the past three months.

CONCLUSION

37.

On May 21 2018, despite the protection order against her, Advocate Seton post on Facebook that I would be jailed i.e. the persecution and intimidation continues.

38.

I’ve strong reason to worry that the justice system is broken in Knysna, a lynch mob to be afraid of. That extends to magistrates from George. I don’t even know if there is such thing as fair trial for me in the Western Cape, where the DA has a stranglehold on institutions. I fear what would happen to me if I fell into the hands of threatening police as result of the Court’s misconduct. Will the corrupt silence me forever?

39.

Will the Magistrates’ Commission make every effort to get to the bottom of this,  to investigate the unethical conduct of your members?

40.

I worry that you won’t because you, Vick Visser, Secretary to the Magistrates’ Commission, to whom I have to address my complaint, refused to respond to me once before with regards the Chief Magistrate. Between you two, I was sent on a loop. I’m hoping that that was an aberration and that you will be dutiful here.

41.

Duty would consider my layman status. Duty would be to not use your superior legal language to find ways not to investigate.

42.

Please accept the gravity of this situation and act before another case is laid against me or I’m arrested on false grounds, in part fuelled by false judgements after unfair trial.

Thank you.

MICHAEL JAMES HAMPTON