30 August 2023

Discourse

In Rowe and Anor v Bishop and Anor (No 4) [2023] SADC 29 - a splash of gibberish admiralty law, a thumbprint with red ink (or was it blood?) and a demand for recusal on the basis of treason - Slattery J states 

 [30] An allegation of treason is an extraordinarily serious matter. It is made without any foundation and, as I have demonstrated, there is no factual basis for making the allegation. The applicants do not display any understanding of the seriousness of the allegations or what is required to be proved in order to make out such allegations. 

[31] The applicants were prepared to make this allegation despite the fact that they have refused to continue to participate in the proceedings after the adverse judgment No 2 delivered by me on 10 May 2022. I consider that the application is absurd, the supporting material is nothing more than a misconceived rambling discourse and it is all intended to vex and harass this court. It is also symptomatic of the applicants being unable to accept a decision made upon a claim brought by them which does not favour them. Rather than accept the decision and proceed accordingly the applicants have adopted an approach of challenging the foundational principles of the independence of the judiciary. This is symptomatic of the failure of the applicants to comprehend what they are alleging and that in a proceeding which they commenced, they are bound by a judgment against them. No appeal has been brought against any of my judgments. It appears that the applicants are content to attack the judiciary and the judicial process because of their unhappiness with the result of the proceedings which they initiated. That is a regrettable development. It appears to be symptomatic of a level of public discourse that relies almost entirely upon a requirement that its adherents are unable to discern between logical reasoning based upon identifiable proven facts and an approach which scorns and derides such a method. It appears that as part of its role, this court must now also deal with this lamentable development