Abuse of Power

Absence of evidence is not evidence of absence. 1. Soon after the passing of my significant other in 2017, I was locked in a tumultuous custody battle with Ms. Ntsoaki Motsoeneng (maternal grandmother).

Ms. Mncube (caseworker) 2. Ms. Mncube was assigned as a caseworker in 2019, and for expressing Disagreement in her co-parental plan, I was subjected to an unfair custody trial. 3. She comes across as aggressive, demanding, and domineering, and negatively entrenched. a) Her common characteristics are that she projects her aggression to push your buttons and keep you off balance; by doing so, she creates an advantage from which she exploits your weaknesses and gains power by reducing you.

4. She's been trying to amend Section 23 into section 19 and Chapter 3 of the Act, titled "Parental Responsibilities and Rights. According to this chapter, the "mother and father" of a minor child share equal and joint parental rights and responsibilities." Should they succeed, the maternal grandmother assumes her late daughter's Parental responsibilities and possibly primary guardianship.

5. Ms. Mncube acted without integrity; she used two underlying strategies. a) One is the so-called "Stalingrad" strategy, which holds up a case; her ************ tactics of playing attorney for the past three years finally ran our business dry.

b) 6th June 2021, I was unable to afford a lawyer, and she mopped the floor with me; she alleged that I was aggressive with her in front of the minor child, and she accused me of influencing him(how could I do that "when he's been collateral throughout this case." c) Mr. Nkosi didn't hesitate to pass judgment; he ordered that my child be taken by force, whether he's kicking or screaming, and should I intervene in any way, I MUST BE ARRESTED!

6. The other is an attempt to delegitimize my evidence so that, when presented, it is taken less seriously.

7. So, the question remains: what role does the law play in protecting victims and rehabilitating perpetrators of bullying? 8.

Mr. Nkosi ( assistant magistrate) 9. 1st February 2021, Mr. Nkosi expressed that he'll not be told by a seven-year-old (minor child) what to do and dismissed him, and he even refused to read the views of the child compiled by legal aid; hence in point (3) of his report his saying it's not a decisive factor… 10. a) He suppressed an overriding principle that is of utmost importance in South African law. That is, the child's best interests are of paramount importance in any matter involving the child. b) There are many cultural barriers to child participation; children are expected to be silent in adults' presence and are not encouraged to express their views. The systematic denial of their civil rights disempowers them. It contributes to their abuse, exploitation, and marginalization in society.

11. (a) 29th June 2021Mr Nkosi was gloating, telling me that he wrote a report before recusing himself from the case since I reported him.

(b) For reporting him, Ms Swart change the contact case to Excessive Abuse, and a new social worker has been hand-picked by Ms. Mosia ( social work manager), who failed to act in the minor child's best interest; she replaced Ms Mncube, not from the kindness of her heart, but solely to control the outcome, and to further protect her dear friend.

12. Ms. Mncube and the Respondent have been using ******'s propaganda approach of "peddling baseless lies against the judiciary, hoping for the lies to become the truth."

13. a) They've mastered the art of deception and emotional ********* to a point whereby Mr. Nkosi even vouched for them.

b) The report he begrudgingly compiled after I reported him is based on Ms. Mncube's falsified, baseless, and biased report.

14. a)I had a chat with the D.S.D H.O.D, Ms. Yvonne, regarding Ms. Mncube's misconduct, and she asked for 20 days to conduct an investigation, and she never got back to me.

b) Ms. Ndawana (D.S.D-M.E.C's office) has been of great help to me; she did the follow-up on my behalf and was told that they are waiting for the report from the regional office. Once it's in their possession, they'll assign an independent social worker to investigate. c) 4th August 2021, Ms. Nombuso said Ms. Yvonne suggested that the case be referred to an external body; however, all changed after Mrs. Mosia's call.

d) The regional office took their precious time to respond because they were hatching a mother of a plan, which was revealed on 12th June 2021; when I received an email from the H.O.D.'s office with an attachment, it was Mr. Nkosi's report instead of Ms. Mncube's Bias report.

e) It raised fictitious points such as being obsessed with the minor child, preventing social workers from doing their job, and verbally abusing them.

f) He also alleged that I resisted the implementation of the court order and that the Court explained Section 305(q) and section 45(2) of Act 38 of 2005 ********izes the non-compliance with the court order. "Nothing was explained; I was silenced, bul****, and intimidated as per usual." g) After receiving Mr. Nkosi's report, all changed, they used it because his word holds weight, whether true or not, it will be considered and it would discredit any of my evidence.

h) Ms. Ndawana stopped any form of communication with me; I suppose Ms Mncube gets away ****** again. 15. a) Ms. Mncube has been the Trojan Horse of this case, influencing everyone to rig court outcomes and tamper with evidence.

b) Magistrates were appointed based on friendship through her clerk connections, and all those mentioned above are exonerated; hence, Mr. Nkosi was gloating instead of apologizing.

16. The abovementioned partook in the miscarriage of justice and *******ed the legal process, and the presiding officer failed to act on "PERJURY," the forgotten crime! "Please see Mr. Nkosi's Openly gender bias report below."

Fathers 17. Fathers were always put at a disadvantage by the law and ultimately by the courts when the primary residency parent of a child was determined. "Children's Act" has never been genuinely amended, and very little has been done to remedy this undesirable situation.

18. The matter of father ************** is not taken very seriously in S.A. a) Fathers are treated like second-class citizens in their children's lives.

b) Father's constitutional, legal, financial, psychological, and emotional rights are summarily removed simply because of their gender.

c) When you fight for your rights to be implemented, you are disrespectful to the Court.

19. Modern society has long moved on from these archaic notions- fathers and mothers are equally capable parents. One only has to reflect on same-*** parents to prove the point.

20. a)The system that Fathers are subjected too in children’s court, doesn't stand for a just course; it is easily manipulated, emotionally *********ed, it doesn't take kindly to the knowledge of self; “Constitution."

b)Father's civil rights have not been turned into practical approaches that really make a difference in our amended Children's Act; for challenging the existence of patriarchy and advocating for justice, the Court regards that as "unnatural" and a threat to the established order.

21. No matter how hard we try to hide it, the truth is, "It's open season on fathers;" what's more disturbing is the rise in the Serial Removal of Children from Young Fathers. “our silence fuels fatherlessness.”

22. Van der Linde v Van der Linde, a 1996 case in which the Court stated that the quality of the parental role is not determined by gender and the concept of "mothering" is as much a component of a man's being as of a woman.

Ms. Ntsoaki Motsoeneng (maternal grandmother) 23. The Court recommended reconciliation and peace; however, when it backfired, I was on my own; I was never given a chance to present my evidence when matters arose. b) They said to be perpetually forgiving, and the Respondent used my kindness for weakness; I was harassed, provoked, ridiculed, degraded, humiliated, and assaulted twice in front of the minor child. Since then, the child in question is terrified of her.

c) Every move with her is calculated; she knows that South Africa does not tolerate Gender Base Violence. d) The Court has been prejudice towards the minor child; they've stripped him of his rights and afforded them to the Respondent! e) For protecting him, I was crucified; they denigrated my parental skills to build their Mental Health case: Phase [1] I was placed at Nicro!

f) Phase [2] will be implemented by the new social worker; she doesn't know me; however, upon my first encounter with her, she insinuated that I have anger issues, and I'm blaming the Respondent for the passing of my better half. She couldn't help but emphasize that if she feels the need to refer me, she won't hesitate, and when she saw that I was lost, she said: "I'm preparing you."

g) The new caseworker reports to Mrs. Mosia, who failed to act in the minor child's best interest instead said: Ms. Mncube is making me stronger.

h) The maternal grandmother has caused a rift between myself and my family, alienating us from the world, hoping that we'll swallow our pride and ask for some form of aid that she can use against us in Court.

Now, the question remains: i) Since it's the Court's duty-bound to maintain the family unit, mediation requires an agreement to be successful. Can one ever compel parties to a dispute to agree? The mere fact that such a proposal has been put forward is confirmation that the current practice is seriously defective mediation is certainly not the solution, and adding more bureaucratic procedures has worsened the problem. "Please see attachment below on grandmother."

24. Court a) When I wanted to report the shenanigans that occurred at Court 1st February 2021, I was given the run around; eventually, a formal complaint was lodged on 30th April 2021 with Ms. Swart (senior magistrate); on 29th August 2019, she helped prevent the minor child from being wrongfully placed in a special school by Ms. Mncube, because of a "minor speech impediment." b) Upon lodging the above complaint, Ms. Swart requested that I give her two weeks to look into the matter; since then, she has never gotten back to me. c) Since I was unable to afford a lawyer, I was assigned a lawyer through Adv. Elsabe from Pro Bono, Ms. Marrisa; she couldn't understand why this case was so complicated; she wanted to get to the crucks of things. 2nd June 2021, we were not allowed to get in Court because of their water problem; however, lawyers were permitted.

d) We agreed that she'd request a copy of the case file, social worker's report and speak to the magistrate handling the case. e) Our mission backfired; after the lengthy conversation she had with Ms. Swart and Mr. Nkosi, things were never the same; she was overwhelmed, however, she mentioned that Ms. Swart said she was too young for this case, and her superior should handle the case. and she stopped responding to my calls.

f) She withdrew from the case "a week before my trial," and Pro Bono also stopped any form of assistance they rendered.

h) Prior, a subordinate from Pro bono, Mr. Ngubo told me that they have a good relationship with Ms. Swart; she sometimes gives them cases, coincidentally after the 2nd June 2021 “Talk”, I was alienated from anyone who was assisting me.

j) 5th August 2021, I finally received an email from Pro bono; it was Ms. Elsabe she made it official: "unfortunately, we cannot assist a client again if the client does not want to follow the appointed attorney's advice and that attorney then opts to withdraw from the case." I am closing your file now without further notice.

k) I asked her to make a conference call and include Ms. Marissa to get to the bottom of this, and she never rep****.

l) Ms. Swart and Mr. Nkosi had no right to make my attorney withdraw from this case, I wonder what their true motives are? Whatever they planned for 26th August 2021 it must be big, for them to go these extra lengths!

m) If you look at the Children's Act, there shouldn't be an issue; it's one of the best in the world; however, courts interpret their own, and if you challenge them, you might be charged with contempt of Court.

n) This promotes secrecy and hides any wrongdoing done by the bodies of state; for instance, if a social worker lies or fabricates notes or a medical expert giving evidence makes a mistake, no one finds out, and there won't be any retribution.

o) It is this defect that I believe should be corrected. I have little doubt that the change proposed will reduce the enormous wastefulness of trial procedures, promote the interests of justice, and go a long way to reducing the trial backlog that plagues the courts.

I, therefore, submit that, I have to the best of my ability, allowed the Respondent to see my child in compliance with the above Court Order; however, due to my child's reluctance to see the Respondent, I can not force him to do so. I have no objection to the Respondent seeing my child should my child agree to the same.