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For Lawyer misconduct to |QUALIFY| - the Public must declare (allege, claim)
that:
- The conduct:
» has been committed by a Lawyer practicing in KwaZulu Natal.
» has resulted in an infringement of a right in the Bill of
Rights.
» has resulted in harm (damage) suffered by a person or group
of persons.
» is attributable to a wrongful (unlawful) act -(including wrong procedure)- The
harm (damage):
»
is ripe. (damage completed or
imminent).
» could have been foreseen. and/or
» could (reasonably) have been
avoided.
- A particular Lawyer (person), law firm, group of
people, or institution must be held liable (named) for
the harm.
A Commissioner will appoint investigators to
inspect evidence such as:
- Affidavits filed by the
particular group of lawyers
[fabricated evidence]
[S33 JAA][S35 FTrial]
- Supporting documentation such
as ‘expert‘ testimony held in court
files. [suborned (bribed) evidence]
[S33 JAA] [S35
FTrial]
- Transcripts of court
proceedings [suborned evidence].
[S33 JAA]
[S35 FTrial]
- Examination of fees charged
by lawyers. [over billing & double billing].
[S9 Eqal] [S33
JAA]
in order to detect and identify a
pattern of misconduct.
A commissioner may also examine
statements from persons who REFUSED to improperly influence a matter when approached by a Lawyer(s) (or
a client).
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WHO completes the guide
A Victim.
Any PERSON (or group of persons)
who HAS SUFFERED HARM
due to Lawyer
MISCONDUCT
that infringes a RIGHT in the BILL OF RIGHTS
and which |QUALIFIES|.
» may declare the nature and
PARTICULARS of the harm suffered.
» must claim
a particular RIGHT that
has been INFRINGED. (SEE Examples.)
A commissioner will investigate every
Victim Response and provide feedback (of the
progress) to the Victim.
An Informant (Suborned).
Persons who have been suborned (bribed, coaxed)
to do a particular unlawful act may disclose the
nature and details of the act in a personal or
anonymous manner on the condition that they
will receive indemnity from prosecution.
INDEMNITY
A Commissioner has authority to grant
an informant indemnity from prosecution in
exchange for the truth.
A Commissioner weighs the "Minor" benefit in
prosecuting a "minor" offence to be indemnified
by an “Informant” - against the “Major” benefit
in exposing and dealing with the “Major” Threat
to the Public (and the Bill of Rights) due to the conduct of Dirty Trick Lawyers.
Anonymous Response
Information from
Persons who prefer not to provide their name but who have personal knowledge of unlawful or unconstitutional
conduct by Lawyers practicing in KwaZulu Natal may complete an Anonymous Response Guide.
Response Guides are secure.
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