ANNEX 12

 

R287 272.71

Two hundred and eighty seven thousand and two hundred and seventy two rand and seventy one cents is the estimated value of things stolen from me by the drug police which falls into criminal category defined as grand theft.

 

  1. On the 31st of January 2001, Casper Henderik Venter, participated in 19 law violations against me which included 5 alleged criminal acts, 5 confirmed criminal acts and 9 Constitutional law violations that were committed against me at 54 Balfour Street, Woodstock.

  2. The alleged crimes include assault, pointing a firearm, threatening to murder me, illegally constraining me onto the burglar bars using 2 sets of handcuffs and cruelty to animals.

  3. The crime of perjury has been decided and agreed upon by two different Magistrates;

  4. Magistrate Matthews in Cape Town Magistrate's Court case number 16/79/01 and the same finding of perjury was established by Magistrate le Roux in the Cape Town Magistrate's Court case number 16/236/03.

  5. Venter was an active participant in all the unlawful acts that followed from the execution of that invalid search warrant.

  6. Along with the double confirmed crime of perjury, other confirmed crimes include illegally breaking and entry into my property, wanton destruction of property, trespassing and illegal seizure which ultimately ended with the theft of my property.

  7. Consequent to the above then according to common law and according to section 35(5) Venter is not allowed to be represented as a witness against me for alleged crimes of which I have been accused on that day and at that address.

  8. Johan Smit's list of things that includes some of the things stolen from me.

                                                                                  Annexure JS 1a

  1. Some of the theft of my property has been recorded in a list of 25 things numbered on page 112 of Annexure JS 1a. This list was compiled by Johan Smit and submitted as an annexure to his affidavit that is dated the 9th day of October with the year missing. This affidavit was submitted to the Cape of Good Hope Provincial Division Case Number 5926/01. In paragraph 4.8 of this affidavit, Smit refers to this Annexure JS 1a.\

  2. The 25 entries include single items and collections of items.

  3. I have examined 8 of these numbered things and have done an internet investigation to establish the current value of these things that were unlawfully seized from my home and which latter were destroyed according to Johan Smit who was testifying under oath in a court case associated with the criminal trial.

  4. I brought this action in the Cape Town Magistrate's Court to force the return of my property after my frustration of unsuccessfully trying time and time again to recover my property.

  5. Johan Smit kept failing and refusing to comply with Section 31(1)(c) of the Criminal Procedure Act 51 of 1977 whereby these items, by the demand of law, were to be returned to me after I had been acquitted of the alleged crimes of which I had been accused.

  6. Magistrate Eric Louw's judgement in these matters has been published on my website: https://www.simonprophet.com/whatswrongwiththispicture.htm#Chapter%20Ten

  7. The 8 numbered things here examined has the total combined value of R188 705.

  8. Below are the 8 numbered items with information gleaned off the internet.

  9. Annexure JS 1a. Number 1. Pihkal. Replacement cost R2 288.

  10. Annexure JS 1a. Number 2. Psychedelic chemistry. Replacement cost R1 856.

  11. Annexure JS 1a. Number 10. Plastic sealing machine. Replacement cost R1 304.

     

  13. Annexure JS 1a. Number 13. Sentron health scale. Replacement cost R989.

  16. Annexure JS 1a. Number 20. Loompanics. Replacement cost R96 224.

  18. Annexure JS 1a. Number 21. Recreational Drugs. Replacement cost R3 251.

  20. Annexure JS 1a. Number 22. Dictaphone. Replacement cost R9 469.

  22. Annexure JS 1a. Number 23. Mini Cassettes. Replacement cost R73 324.

  23. The 4 chemical catalogues referred to in number sections 3, 4, 5 and 6 are not normally sold but are very difficult to acquire for people who do not have access to large scale operating corporations.

  24. My diaries listed in number 14 and 15 of Smit's Annexure are only 2 of the diaries that were seized.

  25. Johan Smit seized all of my annual year diaries going back to 1996 when I bought 54 Balfour Street.

  26. These diaries contained private information about my activities over the years. People I had made contact with, their details, materials I had purchased, work that I had done and just about everything that happened in my life over the years detailing almost everything that I was engaged with every day on a day to day basis, seven days a week. My diaries were never returned to me.

  27. Number 19 of Smit's Annexure lists a bank cheque book which was the bank account of my business in Bloemfontein.

  28. At the end of the first day when I appeared to apply for bail on the late afternoon of Friday 2nd of February 2001 after having been arrested, my lawyer, Mr Norman Snitcher recovered this cheque book from Smit in order to pay and cover my bail which was set at R20 000. By this time the banks were closed and Snitcher had to go to the bank the following day on Saturday to draw the money for my bail.

  29. Section 35(1)(d) of the Constitution stipulates that after I had been arrested that Johan Smit was, by law, compelled to bring me before a court as soon as reasonably possible but not later than 48 hours after the arrest and because of Smit's deliberate delay that exceeded the maximum 48 hour deadline, the banks were closed and I was unable to post bail until the following day and on the Friday night I was sent to Pollsmore Prison where I was indecently assaulted and where I was infected with Hepatitis B virus.

  30. At the very latest I should have been brought before a court on the same day when Riaan Redelinghuys was feeding false information about me to the Cape Times newspaper on Wednesday afternoon the same day that I had been arrested.

  31. Since the drug police were so sure about my alleged crimes to so inform the press then so too should they have brought me before the court to also inform me of the allegations that the drug police were spreading far and wide to hundreds of thousands of newspaper readers.

  32. While the drug police delayed bringing me before a court the same drug police found no time to waste in spreading false and degrading rumours about me and on the same Wednesday of my arrest, millions of viewers watched a recognizable video of me outside my home after having been arrested which was shown on SABC prime time television news while I was sitting in jail waiting to hear why I had been arrested.

  33. Number 25 of Smit's Annexure lists my passport which had all the entry and exit stamps to and from foreign countries and including my visit to the United States of America which I was proud to keep as a travel trophy. Smit unlawfully seized my passport and he never returned it to me.

  34. So apart from my bank cheque book, everything else on Smit's list of 25 items and collections of things has disappeared and I've never seen any of my things ever again.

  35. Since Venter has actively engaged in the above unlawful actions against me so then I refuse to allow Venter to represent any testimony against me that originates from that day being the 31st of January 2001 and by lawful right, the law prohibits Venter from being a witness or a commentator against me.

  36. On top of the above, on the same day, Venter has also engaged 9 constitutional law violations against me. Section 10; the right to dignity. Section 12(1)(c); the right to be free from all forms of violence. Section 12(1)(e); the right not to be treated in a cruel, inhuman or degrading way. Section 14(a), (b), (c) and (d); the right to privacy.

  37. What follows below is a list of items compiled by Venter in Venter's affidavit which is marked as Annexure JS 3 and was signed by Venter on the 4th April 2001 in Kuilsrivier and was witnessed by Zelda Engelbrecht.

  38. In my papers accusing Venter of having committed perjury I have called this affidavit the “Impossible Volume Affidavit.”

  39. This affidavit was submitted into the civil trial during the proceedings of my criminal trials that were dealing with the identical allegations and Venter, in his affidavit, without hesitation, puts forward his assertion that I am a drug dealing criminal.

  40. On the top right hand corner of the affidavit the Woodstock MAS 779/01/01 refers to the criminal case number yet this is being presented by the National Director of Public Prosecutions where Venter who is to be a witness against me in the criminal trial has jumped the gun and instead of presuming my innocence he is outright proclaiming me to be a drug dealing criminal and so contrary to what is allowed by Constitutional and International law the National Director of Public Prosecutions and Erasmus have set up and staged an illegal gathering on a public platform outside of my criminal trial during the proceedings of that same criminal trial whereby on that unlawful stage I was determined, through a wicked aberration of the law, to be guilty of the same criminal allegations of which I was being accused in the criminal trial with the yet further unlawful intention that those unlawful and criminal false findings could be again yet further unlawfully presented into my criminal trial as the supposed to be evidence that I should be convicted of alleged crimes that in real life do not and have always never existed.

  41. These multiple illegal actions of the National Director of Public Prosecutions which were so designed to facilitate and assist in securing for me to be convicted in the criminal trial failed to achieve their illegal intentions regarding the outcome of the criminal trial but an unlawful precedent emerged which included the evil objective that allows for me to be to punished on grounds of nothing more than a suspicion and these unscrupulous and despicable illegal irregularities have been permitted to be upheld which occurred in a time frame before I was found to be innocent in the Cape Town Magistrate's Court Case Number 16/236/03 of the same and the identical criminal allegations for which Judge Erasmus punished me in an extreme cruel, barbaric and brutal way for exactly the same fictitious crime that has only ever existed within the speculative imagination and definitely untruthful ranting of the National Director of Public Prosecutions.

  42. I have engaged an internet search to establish the value of the items as recorded by Venter.

  43. All of these items were unlawfully seized from my home on the 31st of January 2001 and on the 1st of February 2001.

  44. When the time came to lawfully return my property then I was deprived of my property without compensation which to me equates to common law grand theft.

  45. It has been difficult for me to work out the exact value of the items stolen because Venter has not provided us with a proper register of the things that were unlawfully seized and in many instances Venter records things in vague and unspecified general terms.

  46. Where Venter has failed to produce a proper register of the things that were unlawfully seized I have put together my calculations based on what is more or less visible in some of the photographs which appear in AANHANGSEL B from page 35 to page 55 .

  47. The drug police did not have any permission to enter into my property with photographic equipment and photograph any of these things in my home and this has been firmly established as a fact in the Cape Town Magistrate's Court case number 16/236/03 and it has also been confirmed in that trial that the photographs are themselves unlawful and therefore may not be used against me in any criminal allegations arising from events that took place at 54 Balfour Street on the 31st of January 2001.

  48. Annexure JS 3. Paragraph 3(2). Bucket. Replacement cost R17,99.

  50. Annexure JS 3. Paragraph 3(2). Water pump. Replacement cost R199.

  51. Annexure JS 3. Paragraph 3(3). Laboratory stands. Replacement cost R2 046,24.

  53. Annexure JS 3. Paragraph 3(3). Sep funnel. Replacement cost R2 255.

  54. Annexure JS 3. Paragraph 3(3). 500ml Erlenmeyer flask. Replacement R1 557,22.

  55. Annexure JS 3. Paragraph 3(3). 2 retort clamps. Replacement cost R188,60.

  56. Annexure JS 3. Paragraph 3(4)(b). Stirrer hot plate. Replacement cost R15 064,56.

    Annexure JS 3. Paragraph 3(5). 1 laboratory stand and 2 retorts. Replacement cost R1 211,72

  57. Annexure JS 3. Paragraph 3(7). Casbee scale. Replacement cost R5 495.

  59. Annexure JS 3. Paragraph 3(18)(b). 2 thermometers. Replacement R2 073,68.

  60. Annexure JS 3. Paragraph 3(8), 3(11) and 3(23). Approximately 7 condensers. Replacement cost R16 587,48.

  61. Annexure JS 3. Paragraph 3(8). Condenser. Replacement cost R1 942,36

  62. Annexure JS 3. Paragraph 3(8). 2 measuring beakers. Replacement cost R1 997,24.

  63. Annexure JS 3. Paragraph 3(8). Stillhead. Replacement cost R1 250,48.

  64. Annexure JS 3. Paragraph 3(8). Thermometer adapter. Replacement cost R913,36.

  65. Annexure JS 3. Paragraph 3(11). Buchner filter funnel. Replacement cost R2 281,44

  66. Annexure JS 3. Paragraph 3(11). Mortar and pestle. Replacement cost R880,04.

  68. Annexure JS 3. Paragraph 3(11). Measuring flasks. Replacement cost R1 649,34.

  69. Annexure JS 3. Paragraph 3(11). Condenser. Replacement cost R2 603,86.

  71. Annexure JS 3. Paragraph 3(11). 7 boiling flasks. Replacement cost R11 339,58.

  72. Annexure JS 3. Paragraph 3(11). Sep funnel. Replacement cost R2 245,18.

  74. Annexure JS 3. Paragraph 3(11). Thermometer. Replacement cost R1 617.

  75. Annexure JS 3. Paragraph 3(23). Laboratory glass in volume and content approximately what was under the sink. Replacement cost R21 216,44.

    Venter lists this carton box of laboratory glass as having been found in the garage. Venter obviously was not aware that I was operating a second hand shop from the garage. The shop was registered with the City of Cape Town and I also had a police certificate to sell second hand goods. The laboratory glass here happened to be surplus glass that I had no need of and it was for sale in the shop.

  76. Annexure JS 3. 3(20), 3(21). Aanhangsel D. Page 65. Various chemicals. Replacement cost R1 933,90.

  77. We have two lists of things that were unlawfully seized from my home. The first list is that which was compiled by Johan Smit and then we have the second list of things that was compiled by Venter. Venter has relisted some on the things listed by Smit and I have made the necessary adjustments so that we don't have duplicate amounts.

     

  78. The value of things that has been listed by Johan Smit comes to R188 705.

  79. The value of things that has been listed by Venter comes to R98 566,71.

     

  80. The combined total value of things unlawfully seized by the from 54 Balfour Street on the 31st January 2001 by the drug police comes to a total of R287 271,71

 

An amount of R287 271,71is defined as "GRAND THEFT".