Below Annex ES1 is a copy of a page taken from Prophet's
replying affidavit to the Supreme Court of Appeal where in the last
paragraph on the page Prophet explains how he has been forced to sell
his property to meet the mounting financial burdens of defending his
properties and his dignity.
Only one of two things can be deduced from this; either
the Constitutional Court did not read this paragraph or they ignored it.
The forfeiture of 54 Balfour
did leave Prophet homeless which conflicts with the right for
everyone to have adequate housing; see Section 26 of the
Constitution.
At the end of September 2007,
with the last of winter's snow on the mountain, Prophet was
kicked out into the street with just the clothes on his back and
nowhere to go.
The forfeiture of 54 Balfour
Street ignored Section 25 of the Constitution to deprive Prophet
of his home but it also deprived Prophet of his second hand
business which Prophet operated from the ground floor garage on
the property.
To deprive Prophet of his
business is in conflict with Article 6 of the International
Covenant of Economic and Cultural Rights in that Prophet has the
fundamental right to gain his living by work and it is actually
the duty of the state to protect such rights rather than
participating in the theft of Prophet's business thereby denying
him his right to so work.
Not satisfied with all of the
above, at the forced eviction of Prophet from his property, the
National Director of Public Prosecutions, deprived Prophet of
all his personal possessions including his two cars, one of
which was for sale in Prophet's second hand business and all of
the stock of the business was also taken by the National
Director of Public Prosecutions leaving Prophet with nothing.
While all this was taking
place, through an order of the court made by Judge Desai in
2001, Prophet was also being made to pay to the bank, the
mortgage bond on the same property and he was forced to continue
paying this even after he had been evicted from the property.
At the eviction, the National
Director of Public Prosecutions connived with and coerced the
Woodstock Police to falsely accuse Prophet of being in
possession of an illegal firearm and ammunition. Prophet was
arrested and he was incarcerated until, eventually, the police
were forced to admit that Prophet was the registered owner of
the gun.
The same gun is still
registered to Prophet.