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What Was Breached?

There is an increased need to investigate and confirm the breach of a number of these laws and ethics of perpetrators.

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Business Rescue Legal Rights

Companies Act, 2008 – Chapter 6 (Sections 347 to 366)

Section 347: Voluntary Liquidation
Section 348: Filing a Liquidation Petition
Section 349: Effect of Liquidation Order
Section 350: Power of Liquidator to Manage Affairs

Breach of Fiduciary Duty (Companies Act, 2008)

Harassment by corrupt police not handling case, defamation of character and the effects thereof.

Fraud and Misrepresentation (Common Law & Criminal Law)

Fraud: If the BRP made false representations about the financial health of the company, misled creditors or stakeholders, or manipulated the liquidation process for their benefit or the benefit of another party, this would constitute fraud under the Criminal Procedure Act, and they could face criminal prosecution.Section 1 of the

Prevention of Organised Crime Act (POCA)
: If the actions of the BRP are part of a broader scheme of criminal misconduct (such as fraudulent liquidation for personal gain), POCA might apply. This Act criminalizes actions like money laundering or racketeering.

Improper Liquidation (Insolvency Act, 1936)

Section 77(3)(b) of the Companies Act: This section holds individuals accountable for mismanagement of the company’s affairs. The BRP could be held liable for any damages caused by their negligence or misconduct in handling the business rescue process, including the decision to liquidate the company when this was not warranted.

Abuse of Powers (Companies Act, 2008)

Section 140(1) of the Companies Act: This section gives the BRP significant powers to manage the company during business rescue, but Section 140(2) specifies that a BRP is only permitted to apply for liquidation if it is clear that the company’s financial distress cannot be resolved through business rescue. If the BRP applied for liquidation without sufficient justification or in bad faith, they would be abusing their powers.

Section 141(2) and (3): The BRP’s powers are to be exercised within the framework of the business rescue plan, which must be aimed at maximizing the company's chances of survival or maximizing the return to creditors. Liquidating the company when there is a real possibility of rescue or without proper legal justification could be a breach of the duty to act honestly and in good faith.

Breach of Legal and Ethical Duties (General Conduct)

The choice whether or not to join a political party on the grounds of political neutrality is a basic human right. Harassment and defamation of character on the basis of refusal to join the ANC is unconstitutional.

Mining Rights & Land Acts

Mineral and Petroleum Resources Development Act (MPRDA), 2002 (Act No. 28 of 2002)

Companies Act, 2008 (Act No. 71 of 2008)

The Attorneys Act, 1979 (Act No. 53 of 1979)

The Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)

Fraud and Misrepresentation (Common Law) and the Prevention of Organised Crime Act (POCA), 1998 (Act No. 121 of 1998)

Rights and Valid Grounds to Seek International Protection

The 1951 United Nations Refugee Convention and its 1967 Protocol

Article 1 of the 1951 Convention defines a refugee as someone who:

"is outside their country of nationality or habitual residence, and is unable or unwilling to avail themselves of the protection of that country because of a well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion."

Article 33(1) of the Convention prohibits refoulement, or the forced return of refugees to a country where their life or freedom would be threatened:"No Contracting State shall expel or return ("refouler") a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened."

European Union (EU) Law

The EU Asylum Procedures Directive (2013/32/EU) and Qualification Directive (2011/95/EU) set out the procedures and criteria for granting international protection within the EU. These directives harmonize asylum procedures and ensure that asylum seekers are given a fair chance to have their claims heard.

Article 18 of the EU Charter of Fundamental Rights ensures the right to asylum:"The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaties."

The Universal Declaration of Human Rights (UDHR) (1948)

Article 14(1) of the UDHR states: "In the case of persecution, everyone has the right to seek and to enjoy in other countries asylum from persecution."

Irish National Law

The International Protection Act 2015 governs asylum procedures in Ireland. It establishes the process for seeking asylum, determining whether an applicant qualifies for refugee status, subsidiary protection, or temporary protection. The Act aligns with international standards, including the Refugee Convention.

Under this law, individuals who face threats to their safety or life due to persecution in their country of origin can apply for international protection in Ireland. If they meet the criteria set forth in the law, they may be granted refugee status or subsidiary protection.

Human Rights Breaches - Systemic and Specific

Under the South African Constitution (1996)

Section 10 – Right to Human Dignity “Everyone has inherent dignity and the right to have their dignity respected and protected.”

Section 11 – Right to Life “Everyone has the right to life.”

Section 12 – Freedom and Security of the Person
“Everyone has the right to freedom and security of the person, which includes the right to be free from all forms of violence...”

Section 14 – Right to Privacy“Everyone has the right to privacy, which includes the right not to have... their person or home searched; their property searched; their possessions seized; or the privacy of their communications infringed.”

Section 21 – Freedom of Movement and Residence“Every citizen has the right to enter, remain in and reside anywhere in the Republic.”

Section 22 – Freedom of Trade, Occupation and Profession

Section 9 – Equality“Everyone is equal before the law and has the right to equal protection and benefit of the law.”





International Covenant on Civil and Political Rights (ICCPR)

South Africa has ratified this covenant, making the rights legally binding.The surveillance, threats, and economic repression would violate Articles 6, 7, 9, 12, 17, 19, and 25.

Under International Human Rights Law

Article 3 – Right to life, liberty, and security of person.

Article 5 – No one shall be subjected to torture or cruel, inhuman or degrading treatment.

Article 12 – Right to privacy.

Article 13 – Right to freedom of movement and residence.

Article 17 – Right to own property and not be arbitrarily deprived of it.

Article 19 – Freedom of expression, including receiving and imparting information.

Article 23 – Right to work and to free choice of employment.

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4 – Right to life and integrity.

Article 5 – Dignity and prohibition of cruel or degrading treatment.Article 14 – Right to property.

Article 18 – Protection of the family and vulnerable groups.

Article 23 – Right to peace and security.

Harassment Techniques Experienced

Surveillance

 Surveillance involves secretly monitoring a person’s actions, communications, or whereabouts without their knowledge or consent. It invades privacy and creates a feeling of constant scrutiny. The goal is to intimidate or control the target.

Baiting/ Entrapment

Baiting is when someone deliberately provokes or entices a victim into reacting in a certain way, often to create a conflict or trap. The harasser might taunt, make inflammatory comments, or set up situations to encourage the victim to act out. The aim is to provoke an emotional reaction that can later be used to discredit or manipulate the target.

Conditioning

 Conditioning is the process of associating certain behaviors or reactions with specific consequences, often using rewards or punishments. In harassment, this can involve making the victim subconsciously expect a certain outcome whenever they engage with certain situations or people. Over time, this can lead the victim to alter their behavior out of fear or manipulation, reinforcing the harasser’s control.

Sleep Deprivation

Sleep Deprivation as a harassment tactic involves intentionally disrupting someone’s sleep patterns to cause physical and mental distress. This can be done through noise, manipulation of the environment, or other forms of psychological pressure, leading to chronic fatigue and impaired cognitive function. Over time, the victim may experience heightened anxiety, mood swings, difficulty concentrating, and a weakened ability to cope with stress.

The goal is to break down the victim’s mental and emotional resilience by depriving them of rest, which is crucial for physical and psychological well-being. This is often part of a larger pattern of psychological manipulation or coercion in harassment. Would you like more details on how it works or examples of how it’s used in specific cases?

Blackbag Jobs

 Blackbag jobs involve covert operations where the harasser may tamper with the victim’s personal property, such as their home, car, or electronic devices. These actions are done secretly to create confusion or anxiety without the victim knowing exactly what’s happening. It’s meant to disrupt their life and increase their paranoia or distrust of others.

Directional Speakers

 Directional speakers are devices that transmit sound in a narrow beam, allowing a harasser to target specific individuals with audio in a public or private setting. The victim may hear voices, commands, or strange noises without others noticing. This creates a feeling of isolation and confusion, as the sound seems to come from nowhere.

Profiles and Data

This technique gathers personal data to create detailed profiles on individuals, which can then be used to manipulate or harass them. Sensitive information may be exploited to spread misinformation or apply pressure. It compromises the victim’s privacy and security.

Anchoring

 Anchoring involves repeatedly associating a person with a particular emotional state or behavior through consistent exposure to certain stimuli. For example, a person might be exposed to a particular sound or phrase whenever they’re feeling stressed or vulnerable. Over time, the victim may begin to respond involuntarily to these triggers, reinforcing the emotional or psychological manipulation.

Gaslighting

 Gaslighting manipulates someone into doubting their own reality or memories, causing confusion and self-doubt. It undermines the victim’s confidence and ability to trust themselves. Over time, it can severely damage their mental well-being.

Mobbing

 Mobbing is a group harassment tactic where several people collectively target an individual, often in workplaces or social groups. The coordinated attacks isolate the victim and amplify emotional stress. This pressure is meant to intimidate or push the person out of the environment.

Discrediting (Via mental health)

 This technique involves undermining someone's credibility by suggesting they have mental health issues, even when they do not. The harasser may spread rumors or make false claims to cast doubt on the person's sanity or reliability. The victim’s behavior may then be misinterpreted or dismissed as a mental disorder, discrediting them in the eyes of others.

Economic Kidnap

 Economic kidnap involves intentionally disrupting a person’s or business’s financial stability and success. This can include tampering with their work, sabotaging deals, spreading false information about them, or making it difficult for them to secure resources. The aim is to cause financial loss, reputation damage, and long-term harm to their career or livelihood.

Smear Campaigns

Smear campaigns spread false or damaging information about a person to ruin their reputation. The goal is to discredit and socially isolate the victim. This can happen through gossip, social media, or public accusations.

Propaganda

Propaganda refers to the deliberate spread of biased or misleading information to shape public opinion or control perception. In harassment, this might include false narratives or distorted truths about an individual to sway others against them. The goal is to manipulate the perception of the target in a way that isolates them or ruins their reputation.

Street Theatre

 Street theatre harassment uses public performances or staged incidents to shame or intimidate someone in a public space. These acts draw unwanted attention to the victim and humiliate them in front of others. It’s designed to isolate and embarrass.

Our Projects

Businesses & Properties

45 Wilton Avenue, Bryanston

The house that was purchased in 2007/8 which our family lived in. It became the address of APSYSET. It was also listed as belonging to mom's other companies

Location:
45 Wilton Avenue, Bryanston, Sandton
PROPERTY or Business:
Family Home 2008
START Date:
June 2024
Family Home 2008
Atlegassmart
White Rock Property Trading
ARTOIL Petroleum

APSYSET

APSYSET Consulting was an IT consulting company founded by my mother and her sisters. This company was key in the billing project for COJ througn Masana.

Location:
Business
PROPERTY or Business:
7,640 Sq.Ft
START Date:
7,640 Sq.Ft
Family-Friendly
Eco-Friendly Design
Learning space