Friday, February 16, 2018

Disclosing An Affidavit

I made an affidavit today, which I here disclose. It serves as the basis for criminal charges which I am to lay next week. On the close of my urban ministry, I entered a nightmare of threats, charges, intimidation, raids, and sabotage. It took a while for things to come into focus. Out of this arises this affidavit. OBSERVATION: One does not wish to be overly dramatic, but my life was in danger, and may still be in danger – as well as my wife’s. This is included in the affidavit. The full text follows below the images ("Read more »"). I made a second, related affidavit today which I do not make public.


I, the undersigned,

        ID No. 600529 5015 08 8

do hereby make oath and state that:

• I am a minister of religion, and a philosophy editor.  I reside in Cape Town. The facts deposed to herein are within my own personal knowledge, unless otherwise stated, and are true and correct.
•  The separate details of this matter are well known.  I here paint the big picture – under oath.
•  For my safety, and due to serious problems with due process, before I lay charges I place this affidavit in public, and file it with, among others, the Minister of Police. 

•  The police ought not to act arbitrarily.  This is basic.  Yet they arbitrarily detained me, criminally charged me, and denied me a defence.  This is confirmed by an investigation by the Cluster.
•  ‘Without basis’ does not mean false affidavits or evidence, but it means that they had nothing of use to a court of law.
•  Baseless charges against a prominent minister, by the police, indicates a set-up. 
•  The Cluster stated that, if I had been charged, the police would owe me ‘millions’. I had indeed been charged. Capt Du Plessis told me that my reputation would never recover. The police understood the implications.
•  This affidavit is different.  As soon as I began to understand what was happening, I recorded every meeting with police and prosecutors in high quality audio. I therefore possess a large amount of evidence to back up this affidavit. The audio is safe.
•  Three months before the police set-up (I shall call it), Mr M Nichollas in my Church told me with that this was to happen. The Church was therefore in with police. The police named others, too: C and W Valentine, and G Nichollas, treasurer and trustee.
•  Dr M Nicholas (not Nichollas), the Church’s major tenant, then quoted from the set-up in his clinical notes, information which the police claimed was classified. He was involved also.
•  The police now came under intense pressure, and Sen Prosecutor Jacobs issued a false statement to cover for police. The affidavits existed, he wrote.  But the Cluster vehemently denied that they did.

•  I applied to see the dockets (there were two).  The police responded with unlawful refusals and false statements. Sen Prosecutor Meyer then signed permission to hand them to me. The police refused. One docket, they claimed, was missing.
•  There were now slick, ruthless search and seize raids to my vehicles and property. For example, under my concrete floor, inside toys, and inside ventilation ducts. A large amount of personal information was seized. Valuables were untouched. Thousands of my papers were discovered at the bottom of a river, sifted.
•  There is compelling evidence that this was the police.  For example, Maj Evertson issued a statement denying the raids, before I had opened a case, while Col Scanlen forbade me to report the raids.
•  The same day that an investigation was launched into a cluster of raids, Col Lento summoned me to a meeting, then skipped it. Police told me in the meeeting that I had ‘nothing’, ‘nothing’, ‘nothing’, and ‘Move out of this area.’ ‘Move out!’
•  The raids smashed my security many times. This opened the door to opportunistic crime.  I believe the evidence shows that my wife and I suffered massive losses as collateral damage.
•  The police made an arrest in connection with the raids. However they recalled investigators six times. According to the prosecutor, they removed the evidence from the docket.  I experienced massive inconvenience with useless summonses.
•  Over four years, there were eleven acts of sabotage to my vehicles and my property.  When marked on a calendar, all are seen to be connected with demands for information about the original police set-up. Strikingly, the Church appears on this list, apparently acting in sync with the police.
•  Several times, the police refused to open cases or rooted out information which pointed specifically to raids or sabotage. Again we bear in mind that all of this was recorded in high quality stereo.
•  Due to sabotage to my car, twice the front wheel failed at the top of the Glen, within a few metres of a precipice. It might seem dramatic to speak of attempted murder, but my life and the life of my wife were truly endangered.
•  Col Kemp referred police offences to Provincial Comissioner Gen Jula. He was informed of everything, including search and seize raids, and that ‘I could have been killed.’ But again and again Gen Jula violated Standing Order 101, then falsely created a ‘straw man’ complaint to void the real one.

•  There were several criminal offences relating to Church finances.  For example, a regulator reported a fraudulent auditor, calling this ‘extremely serious’, while the Standard Bank reported a fraudulent bank mandate and fraudulent transaction. Further, there were classic signs of internal fraud.
•  Banker T Dreyer swiftly destroyed correspondence when fraud was reported, and attorneys flagged a ‘bizarre’ statement by tax adviser T Jones, which suggested fraud.
•  Capt Johns then stated that corporate fraud was internal fraud, and not to be investigated by police. This is false. He expressly violated the police’s Standard Operating (investigative) Procedure, which is basic to justice.
•  Sea Point Evangelical Congregational Church is one of the most valuable single properties in the City of Cape Town.  Criminality surrounding its finances cannot be left alone. A simple, targeted investigation would reveal whether this property is safe or not. 
•  In general I came under massive threat and intimidation. I am unable to tell in all cases whether it was connected. For example, the police refused to investigate shots fired at the Church, and would not investigate an assault on me in my robes. An investigation into an MEC’s wife who handed me severe threats seems to have stalled.

•  I made every effort to settle with the police, at my own expense, and did not ask for compensation. However, the police responded again and again with crude deceit.
•  People ask me why I make this affidavit when it is dangerous, and massive powers are ranged against me.  I do it in the hope expressed in Scripture. When God’s time comes (not mine), evil will collapse.  I do it, too, as my civic duty, and in the interests of the defenceless.
•  I have been threatened many times with false accusations. I handed all of them to the police. I have been threatened that, if I should accuse the police, I will be tied up with malicious charges for years. I therefore pledge to meet any and all charges with charges, within one day.
•  If the police should issue any further false statements, or further smears, or if they should reveal behaviour out of keeping, I pledge to lay charges within one day. If the remaining docket is destroyed or should go missing while these matters are unresolved, I pledge to lay charges against Col Lento within one day.
•  Capt Loock and Capt Du Plessis have informed me that criminal offences by poliice must be dealt with within the same precinct where the offences were committed.  This creates huge tensions for the officers involved, and inevitably makes a game of justice.  It is a big problem in South Africa, and should be reviewed.
• Instead of ‘manning up’ to complaints, the police too easily drive them to court, which costs taxpayers hundreds of millions of rands per year in legal fees, and billions of rands per year in payouts. It forces, too, massive cost on complainants, and places justice beyond the reach of many.  This problem should be addressed.
•  The kind of behaviour here described needlessly puts people at risk, and I have been at risk. It would be fitting for the police to provide me and the Church with an apology, to return my personal information, and to make compensation for the terror and loss. There should be, too, a serious stock-taking in the police.
•  There seem to be common features between my experience and that of others, which may suggest co-ordinated action by a dedicated unit. This ought to be explored.
•  I wish to express my disappointment with the Human Rights Commission, who appeared to favour the police. I have said that their behaviour is anomalous, and seems to suggest capture.

•  With humility, I bring criminal charges (not a 101 complaint) for the reasons stated, against Gen Jula, Col Lento, Maj Evertson, Col Scanlen, Capt Johns, W/O Mans (the original charges), Sen Prosecutor Jacobs, unknown officers for search and seize raids and sabotage, and risk to my life, and on the Church side against those implicated in the police set-up and fraud. By far not all offences could here be surveyed.
•  I apologise if there should be any errors or misconceptions in this affidavit. I am not aware of any.

Signed at CAPE TOWN this 16th day of February 2018.


I certify that:

1.  The Deponent acknowledged to me that he knows and understands the contents of this Declaration; he has no objection to taking the prescribed oath; he considers the prescribed oath to be binding on her conscience.
2.  The Deponent thereafter uttered the words, “I swear that the contents of this Declaration are true, so help me God”.
3.  The Deponent signed this declaration in my presence at the address set out hereunder on this the 16th day of February 2018


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