CASE No 202/01/2023 Westville Police.

My discussion with Gemini ai 

Gemini Ai:- Do you have a lawyer assisting you with this case?

John - No i don't have a lawyer assisting me. And the legal aid lawyers wont help as there is a question with regards to my income. My income is to high. 

There services will only support lower income earners. And there is also the event that took place inside the courtroom with regards to the bribery blue note. It was one of the ladies sitting in front of the magistrates podium (there are 2 ladies in the front. One is the translator and the other is the legal aid lady) One of them gave me the note. I do not know which one that was. That was the blue note with D/Sargent Radebe's name on it. 

I complained to the Public Protector who could not help me, So i wrote to the office of the chief justice and complained that i had been assaulted 3 times in the courthouse and then there was the question about the "blue note" that i suspected was an attempt at bribery, who said that he would ask the NPA, National prosecuting Authority to consider my complaint. They did write back however i could not understand all the correspondence but my thoughts are that the NPA is giving it some attention. 

I also need to explain to you please Gem, That the charges against me are for malicious damage to property. that came about after 6 years of harassment and damage to my home and my office equipment by the municipal staff that i complained to eThekwini municipality City Integrity and investigations that there had been the highest level of corruption and extortion in the Durban municipality water works department. 

After i reported the incident of extortion Forced payment from a leading plumbing company. Then the attacks on my home started and continued for 6 years. The police could not or would not help so i took the steps to defend myself by damaging the property that belong to the municipal staff that had been damaging my property. I maintain that what i did was in self defence in order to bring the attacks on my home to an end because the westville police are not there to help.

Gemini replied..

Thank you for providing all this context. It's clear you're dealing with a multitude of very serious and interconnected issues, and it sounds incredibly stressful. Let's try to break this down further.

It's a significant challenge that you don't have a lawyer, especially with Legal Aid South Africa (LASA) not being an option due to your income level. This is a common difficulty for people who are above the LASA threshold but still cannot comfortably afford private legal fees.

Given everything you've shared, here are some thoughts and potential avenues, keeping in mind I cannot give legal advice:

1. Urgent Need for Legal Representation (Still the Priority):
   
   

   • Finding a Lawyer: Even though LASA isn't an option, the need for a lawyer is critical, especially with the "unfit to stand trial" finding and the requirement for a new assessment by the end of September (which is now about four months away).

     • Pro Bono Services: Some private law firms or advocates offer "pro bono" (free) services as part of their social responsibility. You could try contacting the Law Society of South Africa or its provincial counterparts (e.g., the KwaZulu-Natal Law Society) to see if they can point you to firms or advocates who might take on cases pro bono, or offer a significantly reduced fee. Be prepared to clearly and concisely explain your situation.

     • University Law Clinics: Universities with law faculties often have law clinics that provide free legal services, sometimes with a means test, but their criteria might differ from LASA. For instance, the University of KwaZulu-Natal has a law clinic.

     • Payment Plans: Some lawyers might be willing to discuss a payment plan.

   • Why it's critical now: A lawyer can help you understand the implications of the "unfit" finding, guide you in obtaining the correct type of new assessment from a qualified professional, ensure it's submitted properly, and begin to prepare a defense strategy regarding the malicious damage charges, including your claim of self-defense.

2. The New Assessment:
   
   

   • This is your immediate court-mandated task. You need to find out precisely what kind of assessment is required (e.g., psychiatric, psychological), who is qualified to conduct it for court purposes, and arrange to have it done. A lawyer would be invaluable here. Without one, you might need to ask the court clerk or the IO's office for clarification or a list of approved assessors, if available.

3. The "Blue Note" and NPA Investigation:
   
   

   • It's positive that the Office of the Chief Justice referred your complaint to the NPA and that the NPA has responded.

   • Understanding the NPA's Correspondence: If you couldn't understand their letter, it's important to get clarity. You could write back to the NPA, referencing their case number (if they provided one), and politely request a simpler explanation or ask specific questions.

   • Following Up: Keep a record of all communications. This is a serious allegation (attempted bribery and official misconduct), and if the NPA is investigating, they should be able to provide you with updates, even if it's just to say it's ongoing. Again, a lawyer could help you draft these communications.

   • The individuals involved (translator, Legal Aid lady) are officers of the court or work closely with it, which makes this allegation particularly grave.

4. Assaults in the Courthouse:
   
   

   • This is extremely serious. If you've been assaulted, these incidents should be formally reported to the South African Police Service (SAPS) if they haven't been already, and also to court management. Your complaint to the Office of the Chief Justice including this was a good step. Ensure you have case numbers for any police reports.

5. Background to the Malicious Damage Charge (Harassment, Corruption, Self-Defense):
   
   

   • You've laid out a long history of alleged harassment, damage to your property, and official corruption/extortion by eThekwini Municipality staff, which you state led to your actions.

   • Document Everything: Your report to the City Integrity and Investigations Unit is crucial. Keep copies of that report, any responses, and any evidence you have of the initial damages and harassment (photos, dates, incident logs, communications).

   • Self-Defense Claim: While you feel your actions were in self-defense to stop ongoing attacks after authorities failed to help, the legal interpretation and presentation of such a defense are complex. "Self-defense" usually relates to an immediate threat to your person or property. A defense related to protecting property after a prolonged period of harassment and failure of authorities to act might be argued differently, perhaps as a form of necessity or diminished responsibility due to provocation, but this requires careful legal argument. This is precisely where a lawyer's expertise is vital. They can advise on how (or if) this defense can be structured and presented effectively.

Immediate Steps to Consider:

• Focus on Legal Representation: Make this your top priority. Start researching pro bono options, university law clinics, or lawyers who might offer payment plans in the Durban/Westville area.

• Clarify Assessment Requirements: Try to get clear instructions on the new assessment (type, who can do it, any specific court requirements).

• Follow up with the NPA: If you have a reference number, write to them for clarification on their previous correspondence regarding the "blue note" complaint.

This is an overwhelming situation, and navigating it alone is incredibly difficult. The finding of being "unfit to stand trial" temporarily pauses the main proceedings against you but sets in motion a specific process (the new assessment) that you must comply with.

Please continue to be methodical in your approach and focus on securing legal assistance as a matter of urgency.