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theo102

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  1. If there are any experts on South African "common law" please contact me urgently. I need clarification on some subjects.

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    1. theo102

      theo102

      If you're using the Nuremberg code then you should also prove that a) the people affected are human beings, and b) that the people for whom you allege liability are subject to that code. Human beings have human rights, so identifying someone as a human being affects their legal status and is a matter of law rather than a matter of fact.

       

      Article 29.
       

      (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

       

      https://www.un.org/en/universal-declaration-human-rights/index.html

       

      Judges have leverage at common law because they are experts in their field. Of course a judge may not be able to hear a case without prejudice if he is employed by a entity which has an interest in the dispute (eg financial interest from taxation revenue).

       

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  2. If there are any experts on South African "common law" please contact me urgently. I need clarification on some subjects.

    🙏

    1. theo102

      theo102

      You're welcome. If the liability involves health effects then it's a good idea to get one or more expert opinions (usually from doctors) who can describe specific risks for the people affected.

       

      I don't know how the process works in South Africa, but this approach is more consistent with contract law where the accused effectively becomes a party to a contract by the doctrine of latches if they don't respond by rebutting your affidavit.

       

      I believe that the success of this approach is based on having a solid set of facts which implicate the accused, and also on having strong evidence that the accused was aware of your affidavit but did not respond with a rebuttal.

       

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  3. If there are any experts on South African "common law" please contact me urgently. I need clarification on some subjects.

    🙏

    1. theo102

      theo102

      If you're making an allegation that a common law liability exists, then that should be supported by affidavit relating to the facts, and you should also propose a remedy and give the other party sufficient time to respond. It's  important to be meticulous in documenting the liability.

       

      There was an Australian lawyer who documented this approach for stopping 5G rollouts because of the health effects, but I don't remember his name.

       

    2. (See 10 other replies to this status update)

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