Constitutional Court Desecrates Our Rights And Undermines The Will Of The People
Press release: 1 June 2012 - RE: Michael Tellinger’s Constitutional Court Action Against STD Bank; The South African Reserve Bank and the Minister of Finance - CCT28/12
Wednesday the 30thof May 2012 was a sad day for all South Africans who hold the Bill of Rights and our Constitution dear.
Michael Tellinger’s Application against Standard Bank, The Reserve Bank and the Minister of Finance, was dismissed due to technical oversight by the Constitutional Court.
The reasons given run less than two lines, are vague and unclear, stating that the application requirements were not met and that “there are no prospects of success”.
And once again Standard Bank, the Reserve Bank and the person responsible for monitoring their behaviour, the minister of finance, are untouchable by the common man as they have been for many decades, protected by some invisible shield.
“Our court documents contain no less than thirty laws, bills and acts, that are broken by the banks on a daily basis, with impunity, as if they are a law unto themselves” Tellinger said. “Everyone can download this document and see for themselves” he added.
Tellinger was strangely amused at the ruling but indicates that this is not the end and that the struggle for our economic freedom will continue.“We should have expected this” he said, “the people have no more faith in the law at any level in South Africa. Historically, the change of laws had been a long and winding road and we are embarking on this road and trust that we will emerge victorious.”
“But it is a truly sad day for justice and transparency in South Africa and I see it as a real betrayal of everything South Africans fought for during the days of the struggle. It is like economic apartheid – the banksters against the people. Once again we have been denied to be heard by a panel of judges, who listen to our arguments and actually cross-examine the bank, which has not yet happened in three Supreme Court hearings. Our rights have been desecrated by the court that should uphold these inalienable rights” Tellinger said.
Tellinger claims that not one of the Judges actually ever questioned the bank about any of the issues raised by him, and that the court simply accepted the arguments of the bank as if they were the gospel truth. This was a clear violation of the role of the court to act impartially and treat both parties equally.
“All I ever asked for in my arguments is a fair trial, according to the Bill of Rights, to expose the deceitful activity of the banks – but this has been denied.” Tellinger said.
During Tellinger’s last appearance in the Supreme Court in Johannesburg in March 2012, there were some fascinating events that took place. His argument was about one and a half hours long. The counter argument by STD Bank did not last more than 15 minutes, during which the senior counsel lost his cool and in a raised voice admitted to almost all the allegations made by Tellinger against Standard Bank.
The statements are on record for all to see and contain admissions that:
1. the bank does create money out of thin air by clever debit and credit entries;
2. that they do not have vaults of money and therefore cannot act as a lender;
3. that they do practice securitisation therefore act as an intermediary agent and not a bank;
4. that they generate undue enrichment from the client’s signature;
5. and thereby sell the rights to third parties and lose the right of title;
6. that they do accept payments in the form of bills of exchange, promissory notes and negotiable instruments;
7. and that apparently what they do with the clients’ signature and surety is none of the client’s business and that they do not have to disclose anything of that nature to the client... in other words non disclosure.
Everyone present expected the Judge to question advocate Shem Symon about those admissions to get a clear explanation of the complex matter. And therefore everyone seemed surprised when the Judge simply ignored the statements, pulled a piece of paper in front of him and proceeded to read the Judgement in favour of Standard Bank.
What must have crossed everyone’s mind was... when and how did the Judge write the Judgement, to be able to produce it within less than a minute of counter argument?
Tellinger immediately requested a written Judgement that clearly explains the Judge’s reasons for judgement relating to each one of his arguments, but this was denied. The following day Tellinger served legal court papers on the Judge requesting the full written judgement with clear explanations, but according to Tellinger this was never produced by the Judge, once again denying him of his rights to transparency and justice.
Tellinger claims that his constitutional right have been violated from the very first time he stepped into the Supreme Court to defend himself against the highest paid lawyers and advocates money can buy in South Africa. He was ignored by the judges, not included in discussions between the Judge and opposing counsel and even verbally abused and belittled in front of a full court of advocates.
Tellinger said “I see this a real betrayal of the dream of Nelson Mandela and other elders who fought for our political freedom. It seems that our economic freedom still has a long way to go, before we can free ourselves from the unlawful financial tyranny of the banksters, doing as they please without any legal recourse and pushing honest South Africans into unimaginable financial misery.”
During an interview on CNBC Africa on the 7th May 2012, Tellinger said that “this is going to be a real challenge for the Constitutional Court to see how constitutional they really are.” It seems that we have the answer loud and clear. The voice of the people will not be heard by the highest court in the land, while people’s lives are being ruined by lawless banksters with impunity every day.
Tellinger’s case is supported by more than 50,000 people who joined NewERA (New Economics Rights Alliance) a non-profit organisation to present a united front and help ordinary people who have been financially harmed by the banks.
NewERA’s membership in support of this case continues to grow at an exponential rate and they believe that by the end of July there will be more than 200,000 members and growing in support of this and other future action.
In response to this ruling from the Constitutional Court, NewERA are planning for a declaratory lawsuit against Standard Bank of SA, wherein by certification the Constitutional Court shall be obliged to declare the actions unconstitutional, thereafter a class action will follow against all South African banks.
South Africans will know such action from the well known Ellen Brockovich movie which highlighted a successful class action in the USA.
If NewERA’s membership prediction is accurate this will become the biggest lawsuit in SA history running into the Trillions of Rands in damages against the banks if successful.
On the 31st may 2012, NewERA made the following statement.
“This was anticipated, and the NewERA is pleased to announce that we are in the process of filing a class action lawsuit against all major South African banks. We call upon all South Africans to unite with us in this case. If you wish to follow, support or join us, please go to www.thebigcase.co.za (to be updated on 1 June 2012)
The key focus of this lawsuit will be:
Unconstitutional stripping of homes, vehicles, cash and other assets from South Africans
Lack of any workable structure that has succeeded in assisting those in need
Non-disclosure / secrecy of the money creation and securitisation practices
NewERA have also organised their first small low level protest march in Pietermaritzburg on Monday 4 June at 12pm. Please contact email@example.com