The Legal Profession Must Hang it’s Head in Shame

You might recall that some time ago, I mentioned a court case involving Ian Brakspear taking place in the High Court in Durban.  To summarise, he was bankrupted, deprived of all he owned and turned into a pauper by the use of forged court documentation.   Documentation which was admitted by Nedbank and ENS as being forged.

At the time I wrote:

Finally,  Ian Brakspear was thrown into bankruptcy on what has been admitted by the liquidator, Nedbank and their lawyers, ENS, was forged documentation.   What do Nedbank do?  They are asking a judge to regularise the documentation.  Yes, your eyes are not deceiving you, it is the fraudulent order of bankruptcy which they are asking the Honourable Kgomo to condone and sanctify.

Well, he has gone and done it.  I have heard that Brakspear has lost his case and Judge Kgomo has condoned the forged documentation.  Obviously an appeal is pending.

If it has indeed happened, this judgement blows the bottom out of any hope Joe and Jessie Public have of achieving any sort of justice in cases where they are up against large corporate organisations, particularly the unholy alliance of legal firms and banks.  One might even consider this a looters charter.  Forge the appropriate documentation, submit it to the courts, steal whatever you feel like and later use this case as a precedent to regularise your unlawful activities.  In short, any court documentation is not worth the paper it’s written on.

The other corollary is that the unholy alliance are above the law.    That cannot be right.

If true, then the entire legal profession must hang it’s head in shame.  The very basic principles and tenets of the law have been ridden roughshod over, had a coach and horses driven through them, dragged into disrepute, whatever.  This judgement, in modern parlance, sucks big time.

Update:  A reference to the judgement can be found here:  http://m.iol.co.za/article/view/s/81/a/656739

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