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From
apartheid
to civil forfeiture.
What do these folks have in common?
Should we forgive people in government who violate human rights?
© 2008 Simon Prophet
Civil asset forfeiture is against the law.
According to the Bill of Rights see Section 25(1), "NO LAW MAY PERMIT ARBITRARY DEPRIVATION OF PROPERTY"
The civil forfeiture of my home has resulted in a criminal charge CAS 13/11/2008 against First National Bank. The Department of Land Affairs was made aware of this problem before the transfer of my property and a conviction against First National Bank makes the Department of Land Affairs an accessory to the fact. By definition of the Prevention of Organized Crime Act of 1998, Willie Hofmeyr and the Asset and Forfeiture Unit are therefore an organized gang but how will the AFU forfeit their own assets?
FIRST PROPHET LETTER TO POLICE hand delivered 10/10/2008:
9th
October 2008,
Insp.
Spreeth,
Commercial
Branch, Commissioner House, AJ West Street, Bellville.
Re:
FNB FRAUD.
Dear
Sir,
In
1996 I entered into a contractual agreement with First National Bank. First
National Bank has been charging me fees for transactions relating to my home
loan account and now it is evident to me that every deposit that was paid from
my business account into my home loan account has disappeared. I am suspicious
that First National Bank has disclosed confidential information about my account
to persons unknown to me and without my consent and It appears to me that First
National Bank has engaged to alter my home loan account without my consent and
that money has been deposited into my home loan account without my consent and
that my entire home loan account has also been cancelled without my consent and
I am under the impression that these actions of First National Bank constitute
the commissioning of more than one criminal offence.
You
have my instruction and I am available to you at all times.
Simon
Prophet.
FIND ONE ANNEX TO THIS LETTER: Copy of my FNB bank statement relating to this matter.
FIRST POLICE LETTER TO PROPHET emailed 25/11/2008:
CASE
NUMBER 13/11/2008
Privaatsak/Private
Bag 9004
commercialcrime-ct@saps.org.za
2008-11-25
Mr
Simon Prophet
FNB FRAUD : CAPE
TOWN COMMERCIAL BRANCH ENQUIRY CAS 13/11/2008
Receipt
of your correspondence dated 2008-10-09 in respect of the above is acknowledged
and the contents thereof noted. The matter is being investigated by Capt A
Ontong of this office.
Please
feel free to contact this office if you are in need of any further assistance.
Thank
you for bringing the matter under our attention.
Yours
faithfully
Signed
: CAPTAIN
for/COMMANDER
: COMMERCIAL BRANCH
(A
ONTONG)
: CAPE TOWN
SECOND POLICE LETTER TO PROPHET emailed 27/11/2008:
Dear Sir
Could you please supply me with a home loan
statement for the above mentioned period?
Do you have any further evidence that can assist me
in investigating the matter?
Yours faithfully
Capt A Ontong
SECOND PROPHET LETTER TO POLICE emailed 27/11/2008:
Dear Sir,
I was arrested for being in possession of illegal firearms and ammunition when I was evicted from my home and I was locked up all at the same time. The Deputy Sheriff of Maitland, Mr Seconds, took both of my cars and everything that he considered to have value. What was not wanted was thrown into the street. As you can imagine this put me into an immediate state of shock and unfortunately many personal documents went missing.
It will take me the weekend to recover what I can. I will also request statements from the bank. All being well you can have what you need before Tuesday.
I am happy that you have been assigned to this case and I look forward to meeting with you.
Kindregardssimon.
THIRD PROPHET LETTER TO POLICE emailed 2/12/2008:
Please
find the two attachments.
The FNB print out reflects
a payment of R84 thousand. This payment was not made by me. Where is the R84
thousand now? Surely there must be a law that prevents FNB from simply moving money
in and out of my account without my permission. Money that is
paid into my account is to my benefit so then to whom does the R84 thousand
belong? When money is deposited into my account then does that money belong
to me or does it belong to someone else?
FNB has a contract with me
and the bank has given the title deeds of my property away without
compensating me in violation of my contract. The bank has never had my
permission to do any such thing.
I have a contract with FNB
and FNB has ignored my contract and is guilty of fraud.
The value of my money that
I have been paying to FNB has disappeared. I was not paying money into
a savings account. The money that I have paid to FNB followed a
specific economic agenda that is directly related to the value of 54 Balfour
Street.
There
is nothing illegal about the money that I have been paying to FNB. That money
and the value of that money belongs to me and it has disappeared.
My home was forfeited
because in 2003 a civil court determined it to be guilty of having been an
instrumentality of a crime. My home was not forfeited because I was guilty of
crime and it was not forfeited because it was the proceeds of crime. The
value of my home still belongs to me and section 25(2) (b) and section
25(3) of the Constitution demands that I be compensated for the value of my
property and according to section 25(4) (b) “property
is not limited to land”.
The
money that I have been paying to FNB has never been forfeited. That money and
the value of that money still belongs to me. Where is it?
I suspect that FNB has
transferred the value of my money into a Standard Bank home loan account
number 362837589 belonging to Mrs. R.J. Hodge who I also think is the new owner
of erf 14241 (54 Balfour Street, Woodstock).
This
woman is now enjoying the benefit of my money that I have been paying since 1996
and that is why she paid R260 thousand for a property that is valued at R1,7
million.
If this is not stealing then what is?
Kindregardssimon.
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