EFF to review the North Gauteng Court’s judgement on Rogue Unit
10 June 2020
The Economic Freedom Fighters (EFF) takes note of the consent judgement at the North Gauteng High Court setting aside the Sikhakhane damning report on the Rogue Unit. We view this judgment as a stolen judgement in that it was obtained through thuggery.
Conscious that both EFF and Public Protector (PP) have a substantial interest in the matter, the court knowingly agreed to consent judgement without parties having cited the PP and EFF.
This conduct goes against the tenants of the doctrine of litis pendentia, a matter before the court, in that Jamnandas has litigated against the PPS findings of his treasonous involvement in espionage in contravening of the Intelligence Strategic Framework Act.
The EFF had written several letters to concerned parties, requesting court papers to intervene, with no success but to be surprised by a consent judgement.
The Judge is aware or ought to be aware that the report is a material subject of litigation of the PP's report on Jamnandas in the same division. However, strangely, Judge Potirelli unexpectedly gave an order to a patently unlawful consent judgement.
The legal teams of the concerned parties disposed of all collegiality, professionalism and ethical conduct in pursuit of an ambush justice, impermissible in law and rules of the court.
They misled the court or rather the court allowed itself to be misdirected by litigants who deliberately omitted to cite known parties with a substantial interest in the report that forms the pillar and foundation of the PP's report on Jamnandas and SARS unlawful spying activities.
It is not in the interest of public and public policy basis for a matter pending before the court to be adjudicated on piecemeal and material evidence just set aside as political manoeuvre for the soft landing of a review application by Jamnandas.
The conduct of the court and legal teams leaves much to be desired and worth scrutiny of both the Legal Practice Council and Judicial Service Commission.
The EFF will lodge papers for rescission of judgment and investigation by both LPC and JSC on the conduct of legal teams and the court on the matter.
The EFF has since corresponded with the legal teams of concerned parties for clarity while the rescission papers are being prepared.
We state categorically that the conduct of the North Gauteng High Court division leaves much to be desired as it knows or ought to have known that this consent judgement has a material impact on a matter pending before it but chose to ignore and issue such a draconian consent order.
The judiciary owes its allegiance to the Constitution and laws of the Republic and has no business to bring itself to doubts and uncertainties.
Issued by Vuyani Pambo, National Spokesperson, EFF, 10 June 2020
