Without prejudise: (from the uza common law manual) The judiciary, as a separate and independent branch of government, SHOULD BE providing fair and accessible justice services that protect the rights of people, preserve community welfare and inspire real public confidence. INSTEAD, THERE CURRENTLY IS NO CONFIDENCE IN THE SYSTEM! We currently do not have a lawful Republic, a common wealth of all people, equally which is based on the will of the people; Only a Republican form of government based on the Bill of Rights as the supreme law can create a win-win for all people: REPUBLIC: A commonwealth; that form of government in which the administration of affairs is open to all the citizens. In another sense, it signifies the state, independently of its form of government. 1 Toullier 28 and n., 202, note; State v. Harris, 2 Bailey (S.C.) 599; Co.Litt. 303. In this sense it is used by Ben Jonson. Those that by their deeds make it known, Whose dignity they do sustain; And life, state, glory, all they gain, Count the Republic’s, not their own. Vide Body Politic; Nation; State. REPUBLICAN GOVERNMENT. A government in the republican form; a government of the people; it is usually put in opposition to a monarchical or aristocratic government. The fourth section of the fourth article of the constitution, directs that “the United States shall guaranty to every state in the Union a republican form of government.” The form of government is to be guarantied, which supposes a form already established. And this is the republican form of government the United States have undertaken to protect. See Story, Const. § 1807. People (Page: 1063) People (?), n. [OE. peple, people, OF. pueple, F. peuple, fr. L. populus. Cf. Populage, Public, Pueblo.] 1. The body of persons who compose a community, tribe, nation, or race; an aggregate of individuals forming a whole; a community; a nation. Unto him shall the gathering of the people be. Gen. xlix. 10. A government of all the people, by all the people, for all the people. T. Parker. Commonwealth. The public or common wealth or welfare. This cannot be regarded as a technical term of public law, though often used in political science. It generally designates, when so employed, a republican frame of government, — one in which the welfare and rights of the entire mass of people are the main consideration, rather than the privileges of a class or the will of a monarch; or it may designate the body of citizens living under such a government. Sometimes it may denote the corporate entity, or the government, of a jural society (or state) possessing powers of self-government in respect of its immediate concerns, but forming an integral part of a larger government, (or nation.) State v. Lambert, 28 S.E. 930, 44 W.Va. 308. In this latter sense, it is the official title of several of the United States (as Pennsylvania, Massachusetts, Virginia, and Kentucky), and would be appropriate to them all. In the former sense, the word was used to designate the English government during the protectorate of Cromwell. See Government; Nation; State. DEMOCRACY, government, is that form of government in which the sovereign power is exercised by the people in a body, as was the practice in some of the states of Ancient Greece; the term representative democracy has been given to a republican government like that of the United States. 1843 Bouvier’s Law Dictionary vol.1, 446 Democracy is loosely used of governments in which the sovereign powers are exercised by all the people or, a large number of them, or specifically, in modern use, of a representative government where there is equality of rights without hereditary or arbitrary differences in rank or privilege; and is distinguished from aristocracy. * * * In modern representative democracies, as the United States and France, though the governing body, that is, the electorate, is a minority of the total population, the principle on which the government is based is popular sovereignty, which distinguishes them from aristocracies. Websters New Int.Dict. SOVEREIGN. A chief ruler with sovereign power; one possessing sovereignty, ( q. v.) It is also applied to a king or other magistrate with limited powers. In the United States the sovereignty resides in the body of the people. Vide. Rutherf. Inst. 282. SOVEREIGNTY, is the union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do everything within a state without accountability; to make laws, to execute and apply them; to impose and collect taxes and to levy contributions; to make war or peace; to form treaties of alliance or of commerce with foreign nations, and the like. Story on the Const. § 207 Abstractedly, sovereignty resides in the body of the nation and belongs to the people. But these powers are generally decided by delegation. When analysed, sovereignty is naturally divided into three great powers; namely, the legislative, the executive and the judiciary; the first is the power to make new laws and to correct and repeal the old; the second is the power to execute the laws, both at home and abroad; and the last is the power to apply the laws to the particular facts; to judge the disputes which arise among citizens, and to punish crimes. Strictlyc speaking, in our republican forms of government, the absolute sovereignty of the nation is in the people of the nation, (q. v.); and the residuary sovereignty of each state, not granted to any of it’s public functionaries, is in the people of the state, (q. v.) 2 Dall. 471; and vide, generally, 2 Dall. 433, 455; 3 Dall. 93; 1 Story, Const. § 208; 1 Toull. N. 20; Merl. Réper. h.t. – 1843 Bouvier’s Law dictionary vol 2. STATE, government. This word is used in various senses. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defense of their rights and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic, (q. v.); and the state, and the people of the state, are equivalent expressions. 1 Pet. Cond. Rep. 37 to 39; 3 Dall. 93; 2 Dall. 425; 2 Wilson’s Lect. 120; Dane’s Appx. § 50, p. 63; 1 Story, Const. § 361. n. A people permanently occupying a fixed territory bound together by common-law habits and custom into one body politic exercising, through the medium of an organized government, independent sovereignty and control over all persons and things within its boundaries, capable of making war and peace and of entering into international relations with other communities of the globe. United States v. Kusche, D.C.Cal., 56 F. Supp. 201, 207, 208. The organization of social life which exercises sovereign power in behalf of the people. Delany v. Moraitis, C.C.A.Md., 136 F. 2d 129, 130. One of the component commonwealths or – States of the United States of America. The term is sometimes applied also to governmental agencies authorized by state, such as municipal corporations. George v. City of Portland, 114 Or. 418, 235 P. 681, 683, 39 A.L.R. 341. The people of a state, in their collective capacity, considered as the party wronged by a criminal deed; the public; as in the title of a cause, The State vs. A. B. The section of territory occupied by one of the United States. The circumstances or condition of a being or thing at a given time. State v. Inich, 55 Mont. 1, 173 P. 230, 234. Comment: It seems our government believes it is a corporate entity … “Sovereign individuals are subject only to a Common Law, whose primary purposes are to protect and defend individual rights and to prevent anyone, whether public official or private person, from violating the rights of other individuals. Within this scene, Sovereigns are never subject to their own creations, and the constitutional contract is such a creation.” To quote the Supreme Court, “No fiction can make a natural born subject.” Milvaine v. Coxe’s Lessee, 8 U.S. 598 (1808). That is to say, no fiction, be it a corporation, a statute law, or an administrative regulation, can mutate a natural born Sovereign into someone who is subject to his own creations.” “Since Baxter and Wiechers wrote their text books on South African administrative law in 1984 and 1985 respectively, the underpinnings of the South African state have been changed fundamentally by the interim Constitution and the final Constitution. In particular, the constitutional system has changed from one based on parliamentary sovereignty to one in which the Constitution is supreme. Section 7(2) provides that the ‘state must respect, protect, promote and fulfill the rights in the Bill of Rights’ contained in Chapter 2 of the Constitution, and s8(1) provides that the Bill of Rights ‘applies to all law and binds the legislature, the executive, the judiciary, and all organs of state’. Section 8(2) allows for the Bill of Rights to bind natural or juristic persons who are not organs of state in certain circumstances. ” - Judge C. Plaskett – The fundamental right to just administration in the democratic South Africa; pg. 16 Evidence of colonial apartheid rules America: “According to the Articles of Confederation, the phrase: “We the People” is defined to mean, “We the Delegates,” which refers only to the politicians and not the public, which proves again that: “The Constitution of the United States of America,” was never intended to protect or serve the American public. There are several early administrative court rulings, which confirm this same conclusion, for those of you who require something more than common sense and my educated opinion or observations.” - From Judge Dale (retired American): The Great American Adventure; Download from http//giftoftruth.wordpress/common-law-manuals/ Comment by uza: Our findings are that the REPUBLIC OF SOUTH AFRICA (PTY) LTD is part of a privately owned federal government and our ‘persons’ are legal fictions ‘registered’ as the assets; All the evidence and research is to be found at: http//giftoftruth.wordpress/common-law-manuals/ http//giftoftruth.wordpress/corporate-whistleblowers/ Everything in South Africa is about CONTRACTS and it is our burden as Africans to make government perform honourably; to be specific and to prohibit them from changing the meaning of common words, which is referred to in their circle of friends as: “legalese!” “All B.A.R. Associations are ‘Foreign Union’ and members are all working in collusion with Israel; the British Empire; the Vatican; the Rothschild and Rockefeller Banking Empires; Congress and the Elite to undermine the world. All attorneys at law are ‘Agents of a Foreign Power’ who swear allegiance to that Foreign Power [i.e.] The Queen of England. Currently, ALL recognized courts are commercially controlled by the British Accreditation Regency (BAR) using maritime law courts where fraudulent commercial contracts are enforced on the people which violate our in-a-lien-able rights in every way possible.” - From Judge Dale (retired American) - The Great American Adventure; download this and other educational manuals from: http//giftoftruth.wordpress/common-law-manuals/ The law does not protect those that slumber on their rights; And “Just as nature abhors a vacuum, so does the Constitution, completely”. Albie Sachs – The Strange Alchemy between Life and Law – retired Constitutional Judge and father of the bill of rights; there is a vacuum and that vacuum is natural law, the law of the land, international common law, customary law and oral tradition. Unified Grand Jury ZA Therefore, on the 10th Day of November 2013, this court of record was decreed into session on at Noordhoek, Cape Peninsula on the land of Southern Africa and formally recorded as common law grand jury of southern africa aka unified grand jury za aka uza where the law of the case is universal common law and includes tribal, customary and oral law and tradition, simply put, the law of the land, the Golden Rule and represented as such by this superior jurisdiction court of record. Vision We believe that in order to right the wrongs of economic colonial apartheid and for all people to be held equal before the law, be it common, customary, tribal law or oral tradition; Every community ought to establish its own court system and should be: “of all the people, by all the people, for all the people” as long as it is in the spirit of the Bill of Rights; Mission We assist and give guidance to people and communities wishing to establish common, customary, oral and tribal courts by their own law. We assist disputing parties using the law of the land as an alternative dispute remedy; The values that the people’s courts hold are what is common to the people/ community/tribe seeking remedy and therefore reflect the unique and pivotal role that the people’s courts play in the cultural, social and economic life of every community and the nation.
Posted on: Fri, 21 Nov 2014 06:37:30 +0000
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