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UNLAWFUL ARRESTS,
UNLAWFUL DETENSIONS & MALICIOUS PROSECUTIONS
ILLEGAL ARREST 1OF 4.
MALICIOUS PROSECUTION 1OF 6
Some brief background: On 22 and 24 July 2022, the ‘Private Investigator’ Mr Wouter de Swardt and the eight thugs he paid to assist him, forced their way into the property I leased at 16 Leirmans Rd, assaulted and ejected the occupants, changed the locks, and squatted. This was the sixth illegal eviction carried out by the owner Mr Keith Broad, who had tried on a dozen different occasions to take back the property as soon as I had finished a multimillion Rand refurbishment in December 2021, with his first attempt on 24 December, just two days after the refurbishments completed. On this and all occasions these attempts were despite the fact that the rent and utilities had been paid in full and on time throughout.
I only discovered later that it had always been Keith Broad's plan to take back the property once the refurbishment works were completed
Having rented and refurbished a large villa in Camps Bay, Gail Broad (one of the agents who specialised in high end holiday lets and who was Keith Broad’s cousin), was so impressed with the transformation that she took Keith and Inge Broad to see it.
Keith Broad had been trying to sell his property in Llandudno for some time and without any success, in the main because it was overpriced, very rundown and very old fashioned having had nothing done to it in over twenty years.
BEFORE
AFTER
The Very Real Scam
Mr Broad needed to sell the property to pay off his crippling debts. If he wanted to secure a sale he would need to either a) drop the price markedly from the R22 million it was for sale at to circa R18 million (its real market value) OR b) if he wanted to achieve a price in the twenty millions, undertake very substantial renovation, refurbishment and interior design to the house and landscaping of the gardens. Only then could it have compared to other houses in Llandudno
However, Mr Broad did not have any money whatsoever to spend on the property, let alone the millions it would cost to fund a full redesign, refurbishment, project management, labour, materials as well as high end furniture for the property.
As a result of that meeting, they made a proposition: they would lease the house to me for five years, I could then transform it in the way I had done at the Camps Bay house, and recoup the investment of time, expertise and money over the five-year tenure. In return they would receive R90,000 a month in rent, the additional benefit of five years of rental income without interruption, all property related bills also paid by me and the transformation of the property, to enhance their plans after my five years ended.
What I did not realise is that their debts made such an arrangement an impossibility. The very generous rent I agreed to pay was not enough to cover their basic fixed monthly costs (living costs, mortgage interest, debt interest) and with no means to subsidise that situation their only solution was a sale.
The Plan By Keith & Inge Broad
Their plan was simple. Induce me into a lease, so that I would refurbish the property at my own expense, while paying a very high rent, on the promise of a 5-year tenure so that I could recover the outlay, then, take back the property once the refurbishment was completed and sell it for a substantial profit. Having benefited from a full transformation, interior design, landscaping and a fully furbished highly marketable property.
This was evidenced by the fact Mr Broad had it listed for sale within days of my arrest for R13 million more than its valuation a year earlier when I began the lease and before my transformation of the property[1]
In response to the latest illegal evictions, I launched Spoliation Proceedings, and the hearing date was set for 4 August 2022. In an attempt to sabotage this, Mr Broad and Mr de Swardt executed a malicious prosecution, in the hope I could be taken out of circulation, removed as an opponent, and or persuaded to withdraw.
Their plan was simple. Induce me into a lease, so that I would refurbish the property at my own expense, while paying a very high rent, on the promise of a 5-year tenure so that I could recover the outlay, then, take back the property once the refurbishment was completed and sell it for a substantial profit. Having benefited from a full transformation, interior design, landscaping and a fully furbished highly marketable property.
This was evidenced by the fact Mr Broad had it listed for sale within days of my arrest for R13 million more than its valuation a year earlier when I began the lease and before my transformation of the property[1]
In response to the latest illegal evictions, I launched Spoliation Proceedings, and the hearing date was set for 4 August 2022. In an attempt to sabotage this, Mr Broad and Mr de Swardt executed a malicious prosecution, in the hope I could be taken out of circulation, removed as an opponent, and or persuaded to withdraw.
The Fabricated Charges
Above: Photos showing the very old, very cheap TVs that guests had taken.
Left and below: Photos showing the brand new TVs I purchased to replace them. Something KB and IB were well aware of.
The charges were initially the theft of 3 old TVs that Mr Broad knew had been stolen by guests several weeks earlier and that had been replaced by me with brand-new high-end TVs.
Thanks to the close relationship Mr de Swardt and Mr Broad enjoy with Hout Bay SAPS and Belville Commercial Crime, they tried for four days to remove me.
By chance I was in Pringle Bay on vacation and because my attorney had advised me on submitting the application (based on past conduct) to stay away from the clutches of Mr de Swardt until the hearing had concluded.
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By chance I was in Pringle Bay on vacation and because my attorney had advised me on submitting the application (based on past conduct) to stay away from the clutches of Mr de Swardt until the hearing had concluded.
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Returning on 3 August, Mr de Swardt illegally pinged my phone and turned up at the Airbnb with two officers from Hout Bay SAPS assisting him, including Serg Duna.
When he tried to break into the property, we called Central Cape Town SAPS to come to our aid. Mr de Swardt forced his way onto the grounds of the property, then began banging on windows, kicking doors trying to get in, finally he broke his way into the property.
Unfortunately, Mr de Swardt was able to persuade the Central Cape Town SAPS officers that they were on official business, despite having no warrant of arrest, no permission to enter the property, and no permission to execute arrest within the jurisdiction of Central Cape Town SAPS.
I was arrested as the respective attorneys entered the court, too late to stop the hearing, but they hoped in time to make recovery of the property impractical if not impossible.
THE HOUSEKEEPER
[About the illegal and secret raid and arrest at the other property]
"He threatened me to shoot me if .., I was like, no, how am I going to run away? You already holding me by the belt."
Obstruction Of Justice
I was held at Hout Bay SAPS for several days, with the Investigating Officer initially refusing to release me because of claims he made that the Home Affairs Dept wished him to hold me due to failure to extend my visa, in the knowledge that a) this was a lie, b) visa extension had been made impossible because my passport had been stolen and passed to that same Investigating Officer who held it secretly at the time (something that came to light on cross-examination in the August bail application).
The extent of the corruption and criminality are outlined in the document of that name[1]
Not content with having had me arrested and detained, the malicious prosecution was escalated when the first hearing took place at Wynberg Magistrates Court, and the Investigating Officer motivated the prosecution to object to bail with the same lies about my visa and immigration status etc.
As well as changes to the charges themselves, where the lies continued, initially alleging “breaking and entering” my own home, and now suddenly rather than the theft of three TV’s the charge was that I had stolen the junk contents of a back room, despite the fact that Mr de Swardt, Keith Broad and Serg Duna knew the items had been moved to safe storage some months earlier[1]. Then the charges were changed again , lying further and inflating the value of goods from the initial few thousand Rand to R835,000[2] just as the hearing began, claiming the junk contents included Krugerrands, cash, high-end tech, etc.
As a result of these lies, and manipulating the prosecution into objecting to bail, I spent two horrific weeks in Pollsmoor prison, fighting a protected, contested, and expensive bail application.
[1] Evidenced by the many emails exchanged between attorneys about the storage facility.
[2] The absurdity of the idea that any landlord would leave R835,000 of valuables in a room inside a rental property and one that was rented out multiple times a month, where these items appeared on no inventory and no insurance schedule.
PERJURY &
OBSTRUCTION
"And I said, if at some point, no fuck, you'll kill him and then we have another fucking body to get rid of?""And I said, if at some point, no fuck, you'll kill him and then we have another fucking body to get rid of?"
judges orders
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx days, with the Investigating Officer initially refusing to release me because of claims he made that the Home Affairs Dept wished him to hold me due to failure to extend my visa, in the knowledge that a) this was a lie, b) visa extension had been made impossible because my passport had been stolen and passed to that same Investigating Officer who held it secretly at the time (something that came to light on cross-examination in the August bail application).
The extent of the corruption and criminality are outlined in the document of that name[1]
Not content with having had me arrested and detained, the malicious prosecution was escalated when the first hearing took place at Wynberg Magistrates Court, and the Investigating Officer motivated the prosecution to object to bail with the same lies about my visa and immigration status etc.
THE FIRST SABOTAGED BAIL APPLICATION
That bail application included the testimony of the Investigating Officer, which was almost entirely fabricated. Including his allegation that I tried to resist arrest (the advocate and magistrate pointing out later that someone resisting arrest does not tend to call the police to come to their aid), he lied about not having any knowledge of the storage facility, he kept his role in the sabotage of my immigration status secret until cross-examined, he lied about the events that preceded the arrest and provided no context for that arrest, he produced highly suspicious documents purportedly from the Home Affairs Department, and when the Magistrate instructed the Investigating Officer to go to the storage unit[1] where my advocate has stated the goods were safely stored, he failed to, despite being given several days during which to do so. The magistrate was very angry with this, although the bail application continued.
Despite this and much else, I was granted bail. After several further hearings when neither the Investigating Officer nor the docket[2] materialised at court, the magistrate threw out the charges.
Interestingly, shortly after obtaining bail, my attorneys arranged for myself, my attorneys, Mrs Broad, her attorney, and the Investigating Officer to attend the storage unit to put an end to the matter. On opening the storage unit (to which Keith Broad had equal and complete access anyway) all of the items were packed neatly inside[3].
Mrs Broad’s was completely unmoved, hardly the reaction of someone being reunited with possessions they thought stolen.
Her only comment was “Where is our old printer,”. No mention of cash, Krugerrands, valuables etc. that should have put an end to a matter that was entirely fabricated anyway, but despite this visit, the Investigating Officer refused to close the case/docket.
[1] The existence of the items in the storage unit would have demonstrated the charges were entirely fabricated. [2] A docket that has never been seen to this day. A docket we don’t believe existed at the time. [3] After weeks of the landlord failing to move the items from the property I was renting, I had paid a professional removal firm to pack and move the items, a professional independent inventory firm to document the items both at the property before moving and at the storage unit once moved, already aware of the kind of man Mr Broad was. As well as paid for professional safe storage and added Mr Broad to that contract, the total costs of which were met by me.
Exposing The Lie
INDEPENDENT INVENTORY
The campaign by Wouter de Swardt to retake the properties began with the illegal eviction on 22 July 2022 and ended in March 2023, when the December arrest ensured Mr Broad had no opponent. Every related event—arrests, SAPS and docket activity, and Media24’s articles—
16 LEIRMANS ROAD INVENOTORY
Keith Broad
A collection of stories from Instagram that provide a comprehensive picture of the extraordinary attention to detail that went into every purchase, decision and project. As well as the exceptionally high quality of every item.
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Witness Harassment & Intimidation
While I was in Pollsmoor, Mr de Swardt, KB, PD, Belville Commercial and a SAPDS officer from Belville we know only as Bennet, once again pretended to have the authority of a state prosecutor, telling potential witnesses that I was wanted by Interpol, had fled the Uk, had done so on a fake passport, had millions stashed in secret bank accounts around the world, was wanted for frauds in multiple countries and was under investigation for a massive scam I SA. they would be prosecuted for being complicit in fraud and faced ten to thirty years in prison, unless they agreed to act as witnesses on scripts provided for them and sign witness statements written for them. If they agreed, they would be given immunity from prosecution.
They harassed and threatened the then portfolio manager in such an extreme manner because she refused to say she had seen evidence of fraud, when she had seen absolutely none. Stating everything was entirely legitimate. She was told that she would go to prison for ten to thirty years unless she signed the provided witness statements.
They only desisted when she instructed an attorney who confirmed he would lay charges should they contact her again. This is covered in the recording of the telephone conversation with her some weeks after the August arrest.
During that same time, Mr de Swardt, SAPS, Belville Commercial systematically destroyed the operation, and I returned to a wasteland, with all the staff frightened out of their whit into leaving, my jewellery stolen, and huge swathes of bookings cancelled.[1]
THE PORTFOLIO MANAGER
[About the insistence she lie about the existence of fraud and sign pre written witness statements]
"And my lawyer is saying to me, —you can give a statement, but you can’t—you can’t fabricate information. Because you worked there, and everything was legit. So what are you gonna fabricate?" "And my lawyer is saying to me, —you can give a statement, but you can’t—you can’t fabricate information. Because you worked there, and everything was legit. So what are you gonna fabricate?"
MALICIOUS PROSECUTION 2 OF 6.
PERJURY AND FALSE TESTIMONY
Mr de Swardt of Fox Forensics (a Psira registered private investigation firm) and his eight thugs (Fox Forensics Security Personnel) had on two occasions forced their way into the property 16 LR.
On the first occasion trying to dislodge the guests staying at the property at the time, with a mixture of threats, intimidation and lies. The guests refused to leave.
On the second occasion, they beat up the occupants and threw them on the street. Proceeding to change the locks and squat in the property.
On the second attempt, when Mr de Swardt had been spotted the client called his attorney who then sent a private security firm in the hopes of being able to protect the housekeepers from assault and protect the property and tenant from another illegal eviction.
Unfortunately, they arrived 15 minutes too late, and Mr de Swardt and his eight thugs had already forced their way in.
However, to obtain a Protection Order, Mr de Swardt and Mr Broad aided by SAPS told a series of astonishing lies to the court. Which included that the property 16 LR was still Mr Boards home and that he lived there, along with his wife and children
that the professional security company sent to protect the housekeepers were in fact the clients’ “henchmen” sent to threaten and intimidate Mr Broad in his own home.
And as a result, he feared for his life and safety. As well as the loves and safety of his family. The submissions to the court to obtain the protection order make for interesting reading. And represent one lie after another.
A comparison of the two affidavits in 1) the application for the protection order and 2) the affidavits in the applications in the various eviction proceedings clearly shows they lied under oath. In one he was present in the property, where he lives with his family, in the other he was not present, and he acknowledges Mr de Swardt, and the thugs were instructed by him to remove the tenant.
KEITH BROAD
29 JULY 2022
TO CAPE TOWN MAGISTRATES
“On Sunday 24 July 2022 Mr Darren de Rodez Russell and his partner, Mr. Sokanyile arranged to send a large, black SUV with armed gunmen to my property at 16 Leirmans road, Llandudno, in order to Intimidate the occupants and force them to flee in fear so that they could illegally gain access and occupy the property.
I don't know what lengths they will go to to intimidate me or gain access to my property. I live in constant fear for myself, my family and my property.”
KEITH BROAD
4 AUGUST 2022
TO CAPE TOWN HIGH COURT
I engaged the services of Mr Wouter de Swardt ("Mr de Swart") Of Fox Forensics private investigators and security consultants ("fox forensics") .. .. I admit that Mr de swart and/or security staff in the employ of fox forensics gained access to the property on 24 July 2022 with the assistance of ppa security. I was informed by Mr de swart that he attended the property several times during the preceding week and that, on the occasions that he had been to the property, there was nobody present or occupying it"
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ARTICLE OF 14 JAN 22
WOUTER DE SWARDT: "De Swardt said he and 'some strong men' had 'gone to empty' Broad's house"
"INGE" BROAD: "No matter what we tried to get him out legally, the odds seemed always to be stacked in his favour"
FACT FILE
ARTICLE OF 14 JAN 22
"No matter what we tried to get him out legally, the odds seemed always to be stacked in his favour"
MALICIOUS PROSECUTION 3 OF 6. PAULA DISBERRY
During the period between illegal arrests, Mr de Swardt put in place measures to make a future arrest and detention more likely to succeed. This included getting his other client Paula Disberry of 12 Hove Road to launch her own malicious prosecution.
This time alleging I stole items from 12 Hove Road as well as caused malicious damage. With the aim of creating a modus operandi and ensuring there was a current and live investigation when they deemed the next arrest was needed.
The charges were both untrue and legally without foundation.
1. Untrue: we had conducted an extensive handover and received confirmation everything was in order. Having asked the housekeeper of the property to make a list of anything that may be missing and at one of the other villas or damaged so we could work through it. Which we did very meticulously ensuring everything was in place and perfect as per the original inventory and the housekeepers list
2. Without any legal merit, because I had agreed on a return of the property after the horrific experience of Pollsmoor in an attempt to get my life back , and this was done on a full and final basis ending everyone’s responsibilities and liabilities with the handover a few weeks before the charges were laid, on 15 September.
This was explained to the Warrant Officer from Camps Bay SAPS when they visited my home, as well as showing him the contracts, multiple WhatsApp chat exports confirming such, and a ton of photographs. The warrant officer was more than satisfied there was no case to answer and promised to return to close the matter once he had spoken to PD. However, every time I made an appointment for him to return he fail to show up.
Despite being satisfied there was no case to answer and the overwhelming evidence that there was no case in the first place, the docket was purposely kept live for use at the next arrest. Pressure was applied both to thwart further investigation and a conclusion
MARIO BOFFA - AGENT
"And I said, if at some point, no fuck, you'll kill him and then we have another fucking body to get rid of?""And I said, if at some point, no fuck, you'll kill him and then we have another fucking body to get rid of?"
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MERCY'S MESSAGES
[Threating to put Ollie in prison for helping defend the guests against the thugs]
[11/09/2022, 16:22:13] Luxury Villas: Hellooooooo. How are you? Do you have a list if the items that are missing from Hive as i need to check everywhere to see if they are here. I know we have the speakers as they were removed so geusts could not blast loud music and they are in the store unit. Ive seen a couple of vases around legend that i think might be from Hove. I want to ame sure everything is done properly for the handover and i dont want to be blamed for taking anything thats not mine and dont want to remove anything thats mnot mine. so a list would be very helpful 🙏🙏🙏
[11/09/2022, 20:16:45] Mercy: Hellooo, am good and how are you? Yes I do
[11/09/2022, 20:17:24] Luxury Villas: I’m okey. Had better years. 🙄. That would be very helpful.
[11/09/2022, 20:17:57] Mercy: Sure thanks
[11/09/2022, 20:23:07] Luxury Villas: Bai dankie
[11/09/2022, 20:23:40] Mercy: Ollie want the keys do you ask him to come and collect
[11/09/2022, 20:25:20] Luxury Villas: He asked me to stay there so that he could properly make sure everything is returned and the correct items removed. I’d imagine maybe just two days then it’ll all be done
ILLEGAL ARREST 2 OF 4.
MALICIOUS PROSECUTION 4 OF 6
This followed a few weeks later, with the December arrest. Executed on the instruction of the same private individuals (the landlords) for thirty different wants and needs .
One of the main needs was the application by the same Keith Broad in the High Court, in one of the many legal attempts to take back the property.
Keith Broad had postponed the hearing just prior to the July illegal evictions to clear the decks for the illegal and much faster and cheaper routes to recover, back to November 2022.
I had applied for the admission of oral evidence so that the evidence provided could be examined under cross-examination, in an attempt to expose the many lies. The court sent out its decision on 5 December, confirming that I had been successful, and the matter was postponed by six months for both parties to prepare their respective submissions .
Any appeal that decision had to be receive first thing Monday morning, 19 December. In effect, Friday 16 December.
KEITH BROAD'S APPLICATION SUBMITTED THE DAY BEFORE THE DECEMBER ARREST
Keith Broad
A collection of stories from Instagram that provide a comprehensive picture of the extraordinary attention to detail that went into every purchase, decision and project. As well as the exceptionally high quality of every item.
As planned, I was arrested he next morning by Serg Stevens, all my equipment and devices seized, and I was then detained. Initially at Hout Bay then Pollsmoor
The arrest was executed by breathing new life into three civil disputes that had been dismissed as such by the Investigating Officer at the time a full year earlier, with the dockets closed and no investigation by SAPS since .
Unhappy to wait a further 6 months and equally unhappy that his submissions would now be put to such scrutiny and having failed in every hearing to date to find a judge who would agree to an eviction, Mr Broad and Mr de Swardt had me arrested to remove me as the opponent, so he could railroad through the application in my absence and without either scrutiny or a defence.
The window of opportunity was small. With all parties aware of the decision by Tuesday 6 December, that left just seven working days for Keith to prepare the appeal with his attorney.
As well as plan my removal so that Mr Broad could push the application through without an opponent.
Like clockwork, the appeal was submitted on the morning of 13 December. At precisely the same time as Serg Stevens was applying for the seizure warrant.
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When we were finally given the docket, seven months after the arrest and only then after Serg Stevens was forced to due to our submitting Representations to the SPP we were shocked to find it contained nothing. Other than the false Home Affairs Department affidavit and his own false affidavit there was not a single item of evidence gathered by Serg Stevens in the year or more it had been his ‘investigation’ and nothing since the 14 December arrest.
The vast majority of the docket consisted of procedural / admin documents related to the arrest, the submissions of Paula Disberry and the highly suspicious and entirely false collection of documents related to the immigration issue.++++
With the complainants were induced and tricked into providing affidavits by the same Paula Disberry in June 2022, not by coincidence, when she was endeavoring to retake her property for the same reasons .
The request for an arrest**/seizure warrant was rejected by magistrate(s), but undeterred Mr de Swardt and the Investigating Officer Serg Duna took the identical docket in search of a more accommodating magistrate and eventually to one of SD’s super officers.
[** we have been unable to find an arrest warrant and had assumed it was part of the seizure warrant but remain unsure]
The arrest also astonishingly included the involvement of an armed Special Task Force Team, as well as a dozen SAPS and Hawks officers.
All for three charges of fraud, white collar crime with no violence, narcotics, no possible risk of violence, and a history that already showed no resistance to arrest.
The attorney’s conclusion was that Serg Stevens and Mr de Swardt must have lied and said there would be firearms present, but that is conjecture. But they have to have told lies and misled their superiors to be able to motivate such large numbers of personnel as well as the special task force.
The real reason was to aid in the search for the safe and what they had bizarrely concluded was a suitcase of diamonds and cash hidden at the property .
THE PORTFOLIO MANAGER
[About the insistence she lie about the existence of fraud and sign pre written witness statements]
"And my lawyer is saying to me, —you can give a statement, but you can’t—you can’t fabricate information. Because you worked there, and everything was legit. So what are you gonna fabricate?"
ARREST COMNTINUED
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What the table shows is that every charge was thrown out once it was out of the hands of the corrupt SAPS officer and scrutinized by the courts and NPA.
Serg Stevens and Mr. de Swardt made significant capital out of my arrest, the charges, and my incarceration.
But the stories they fed to the media only ever involved reporting the allegations, criminal charges, and remand. The outcomes were never reported.
The table below shows the various charges, who the investigating officer was, the outcomes for each, and whether the outcomes were published or just the charges.
What the table shows is that every charge was thrown out once it was out of the hands of the corrupt SAPS officer and scrutinized by the courts and NPA.
The table below shows the various charges, who the investigating officer was, the outcomes for each, and whether the outcomes were published or just the charges. What the table shows is that every charge was thrown out once it was out of the hands of the corrupt SAPS officer and scrutinized by the courts and NPA.
Serg Stevens and Mr. de Swardt made significant capital out of my arrest, the charges, and my incarceration. But the stories they fed to the media only ever involved reporting the allegations, criminal charges, and remand. The outcomes were never reported.
As the purpose of the allegations, charges, and remand was the disguised execution of the illegal evictions, the removal of me as the tenant, and my incarceration to legitimize and consolidate their property grabs, as well as ruin me financially and reputationally, in many respects, the outcomes did not matter to those who ran the campaign.
THE HOUSEKEEPER
[About the illegal and secret raid and arrest at the other property]
"He threatened me to shoot me if .., I was like, no, how am I going to run away? You already holding me by the belt."
ILLEGAL ARREST 3 OF 4
Importantly, Mr de Swardt, Serg Stevens and Denis Dalton used the distraction of the public spectacle of my arrest to carry out a secret, illegal and unofficial raid and arrest[1] at my other property in Llandudno, 16 Leirmans Road, belonging to the same KB.
With Mr de Swardt posing as a senior policeman, he was accompanied by officers from SAPS, and Denis Dalton[2], tricking their way in, arresting the housekeeper, taking possession of the keys and thereby the property, taking the housekeeper to where I was being arrested and then letting him go without charge as soon as I was taken away.
On arriving at 32Fishermans Bend where I had been arrested and the search was underway, Mr de Swardt went to the fifth floor where I was being held, taking the housekeeper with him.
Mr de Swardt and Serg Stevens had a brief conversation about the operation at 16 Leirmans Road while the housekeeper was standing there in handcuffs. It was very clear that Serg Stevens was fully aware of that illegal operation.
The arrest was no more than two illegal evictions in disguise. Serg Stevens handed the keys to my home to Mr de Swardt who handed them to the owner who arrived a few minutes after I was taken away and passed the keys to Leirmans Road to the owner KB, immediately after everyone had left the scene.
In a matter of hours Serg Stevens had provided Keith Broad with his silver bullet:
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He had managed to remove and incarcerate Mr Broads only opponent
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By confiscating the devices on which the information and evidence needed to fight the application was stored, he had thereby denied both myself access to this information and any attorney may appoint (in the highly unlikely event that wis was aware of what they were up to or as able to appoint, instruct and brief an attorney while in Pollsmoor).
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He had not only got rid of Mr Broads opponent but the only means by which the dozens of fabrications within that application could be exposed.
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He had rendered pointless and a complete was, the months of legal battles and the millions spent in legal fees
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He had not only got rid of Mr Broads opponent but the only means by which the dozens of fabrications within that application could be exposed.
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He had rendered pointless and a complete was, the months of legal battles and the millions spent in legal fees
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He had voided the high court Judgement of August when the High Court Justice had awarded me possession and ordered the eviction of Mr de Swardt, the thugs and Mr Broad
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He had also voided the High Court Interdict that was in force at the time of the illegal option
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And made the punitive costs order equally pointless
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He had also voided all legislation related to tenants right and in particular PIE,
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And trashed all the safeguards afforded to tenants in their home, including the use of Spoliation Proceedings to recover a home when legally evicted.
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He had ripped up every court ruling to date,
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And in doing all this had made the law, parliament, the judiciary and the executive subservient to SAPS. By suing the power of arrest entrusted to SAPS not for legitimate reasons but to effect, protect and hide illegal evictions.
FACT FILE
THE PORTFOLIO
"It is costing us a fortune to repair the damage to our property, which was supposed to provide us with an income."
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Re The December arrest: "He has now been arrested on more fraud charges as more victims have come to the fore.”
This was entirely false. The arrest was not the second for fraud and no new victims had come fgorward.
THE SECOND RIGGED BAIL APPLICATION
After keeping me at Hout Bay SAPS for several days, having denied me multiple requests to call my attorney I appeared at Wynberg Magistrates Court where I was granted bail of R2000 and was about to leave the courtroom when Mr de Swardt instructed the Investigating Officer to object to bail. Then followed a very significant breach of process and equally significant injustice.
The Investigating Officer then lied yet again. This time claiming, “five more charges were coming in” (false), that “there were significant issues coming in from Paarl” (false) and that I was a flight risk (tested in the August application and found to have no merit and was only an issue because the Investigating Officer had my passport to make visa extensions impossible). I remember vividly being so shocked, I shouted “I have never been to Paarl, I have never been North of Cape Town!”
Unaware of the background or the fact the Investigating Officer was lying, the prosecution changed their position to objecting to bail and as a result the magistrate rescinded the bail already granted and I was sent to Pollsmoor. Where, due to more lies told by the Investigating Officer in his attempts to delay the start of the bail application, I was kept for three months, before the start of the urgent bail application.
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These lies included telling the magistrate more time was needed due to “money laundering charges” being added, and on another occasion, delays and more time were needed due to needing to request phone and bank records (almost two months after the arrest, and months after the supposed investigation started)[1]. There were no laundering charges and neither bank nor phone records were ever requested
Having refused to confirm the charges or provide a docket from the point of arrest and throughout my three months in Pollsmoor, on the morning the bail application was due to start, and the defense and prosecution got sight of the docket, the charges were withdrawn. And this was without the prosecution knowing anything at all of the context, background, origin or motivation for the charges.
[1] The docket did not include a single item of evidence requested or obtain by SAPS. The entirety of “evidence” in the docket was obtained by PD, one of the landlords who the Investigating Officer knew we was in the middle of and at the peak of civil litigation with me
THE HOUSEKEEPER
[About the illegal and secret raid and arrest at the other property]
"He threatened me to shoot me if .., I was like, no, how am I going to run away? You already holding me by the belt."
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These lies included telling the magistrate more time was needed due to “money laundering charges” being added, and on another occasion, delays and more time were needed due to needing to request phone and bank records (almost two months after the arrest, and months after the supposed investigation started)[1]. There were no laundering charges and neither bank nor phone records were ever requested
Having refused to confirm the charges or provide a docket from the point of arrest and throughout my three months in Pollsmoor, on the morning the bail application was due to start, and the defense and prosecution got sight of the docket, the charges were withdrawn. And this was without the prosecution knowing anything at all of the context, background, origin or motivation for the charges.
[1] The docket did not include a single item of evidence requested or obtain by SAPS. The entirety of “evidence” in the docket was obtained by PD, one of the landlords who the Investigating Officer knew we was in the middle of and at the peak of civil litigation with me
ILLEGAL ARREST 4 OF 4
During the illegal, unofficial and secret raid and arrest at 16 Leirmans Road, Mr de Swardt and the SAPS officer had intended and tried to arrest Ollie Sokanyile.
This was to make good on the threat of Mr de Swardt during the illegal evictions of 22 and 24 July, to arrest and imprison Ollie for having the nerve to come to the defense of the housekeepers, guests, and occupants and stand in his way.
However, at the time Ollie was at work. Mr de Swardt demanded his girlfriend call Ollie and get him to come home (under some pretense) so they could arrest him[1].
Having failed to arrest and imprison Ollie on the day, at the end of January 2023, Mr de Swardt asked Clement the housekeeper of 32 Fisherman’s Bend to trick Ollie into coming to the property to collect his belongings where they had been stored since he and his girlfriend along with the housekeeper Marcus, had been made homeless after Mr de Swardt took possession of the property on 14 December. On arrival, Mr de Swardt and two officers from Hout Bay SAPS were waiting, Mr de Swardt arrested Ollie[2] and took him to Hout Bay SAPS, where he spent a week in the cells before being taken to Wynberg Magistrate Court, where on sight of the charges he was released[3].
[1] As with my August arrest, the arrest of the housekeeper, the initial attempts to arrest Ollie’s girlfriend, and much else, there was no official paperwork or permission to do so.
[2] To this day we do not know on what authority Mr de Swardt can pose as a policeman or has the power of arrest or detention
[3] Ollie has stated he was not charged with a crime, only when the matter preceded to court was a charge mentioned, at which point it was again “breaking and entering” his own home, and “theft,” of what no one knew.
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These lies included telling the magistrate more time was needed due to “money laundering charges” being added, and on another occasion, delays and more time were needed due to needing to request phone and bank records (almost two months after the arrest, and months after the supposed investigation started)[1]. There were no laundering charges and neither bank nor phone records were ever requested
Having refused to confirm the charges or provide a docket from the point of arrest and throughout my three months in Pollsmoor, on the morning the bail application was due to start, and the defense and prosecution got sight of the docket, the charges were withdrawn. And this was without the prosecution knowing anything at all of the context, background, origin or motivation for the charges.
[1] The docket did not include a single item of evidence requested or obtain by SAPS. The entirety of “evidence” in the docket was obtained by PD, one of the landlords who the Investigating Officer knew we was in the middle of and at the peak of civil litigation with me
THE HOUSEKEEPER
[About the illegal and secret raid and arrest at the other property]
"He threatened me to shoot me if .., I was like, no, how am I going to run away? You already holding me by the belt."
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MALICIOUS PROSECUTION 6 OF 6.
THE BOGUS IMMIGRATION CHARGE
On 14 December, when the charges were being withdrawn by the prosecution, conscious that I would therefore be released and having not yet fully concluded the high court hearings (due for the next day), the Investigating Officer added a bogus immigration charge. One assumes in the hope the prosecution continues to object to bail. Despite this, the prosecution was content to no longer object to bail
However, in a final attempt to extend the period of remand, the Investigating Officer insisted on a bail sum of R100,000. As the advocate pointed out, and the magistrate agreed, the sum had no relationship to the alleged offence and was in effect the same as not granting bail at all. Bail was set at R10,000
Despite my release, the Investigating Officer still refused to return my passport to me and still refused to return my equipment to me, despite that being illegal. The bail condition made no reference to the retention of my passport, and the seizure warrant related only to the charges that had just been withdrawn.
The immigration charge was bogus for a number of reasons. Firstly, the charge that I “failed to leave SA in March 2021”, was an impossibility, as the Home Affairs Department had automatically extended the visas of everyone who had entered SA when I did. Secondly, contrary to the claims of the Investigating Officer that I had never extended my visa since arriving, I had extended it in late 2021 and was granted an extension which took me through to 2022.
The Investigating Officer also knew this as he still illegally had possession of my passport, in which the stamp was located. Thirdly, as my passport had been stolen at the start of 2022 and had been held illegally and secretly by SAPS for the remainder of 2022 and all of 2023 to that point the Investigating Officer was aware why no visa extension had been applied for during that period. The Investigating Officer told the prosecution none of this.
THE HOUSEKEEPER
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REPRESENTATIONS TO THE SENIOR PUBLIC PROSECUTOR
Despite the bogus nature of the immigration charge the Investigating Officer refused to withdraw it and proceeded to a full trial. As a result, my attorneys advised that we submit Representation to the Senior State Prosecutor.
We submitted detailed Representations on 29 June 2022. After two months, the Senior Public Prosecutor confirmed the charge was withdrawn.
Despite this, the Investigating Officer still refused to return my equipment, stating that they intended to bring further charges. Despite the attorneys pointing out that fishing expeditions were illegal in SA, that they had no legal right to retain my devices, and that information gleaned in an illegal manner would by definition be inadmissible. They refused. Indeed, the commander himself sent a letter informing the attorneys they would continue to retain the equipment[1]
In the knowledge that the background and motivation were so extreme and rare, that it would not be unusual for the prosecution to have taken the Investigating Officer at his word, I had asked my attorneys to contact the NPA after the first illegal arrest, to provide context and background should another attempt be made. They felt it unnecessary as they didn’t believe my predictions that Mr de Swardt and his clients would use arrest again when the time suited.
In fact, it was only on my insistence that the attorneys included some of my allegations and context in the Representations. And even then that was a much-slimmed down version, as my version had been 85 pages, reduced to 55 on their insistence and then 15 pages when they advised me the length was unnecessary and could result in delays due to the time such an extensive document would take to investigate
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My rationale is that it made sense to provide as comprehensive information as possible to the NPA should, yet another attempt be made[2] and in the hope, someone would be prosecuted for illegal, criminal and corrupt conduct. including but by no means limited to:
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The theft and illegal retention of my passport to make visa extension impossible.
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The July protection order was obtained by perjuring themselves.
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The August malicious prosecution, including illegal and unofficial arrest and obstruction of justice.
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Including the inducement to object to bail and the sabotaging of the bail application
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The resulting time spent in Pollsmoor.
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The lies told by the Investigating Officer in regard to the visa and Home Affairs Department
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The October malicious prosecution
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The illegal arrest of the housekeeper on 14 December
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My illegal arrest on 14 December
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The attempts of 14 December to arrest Ollie Sokanyile, the successful illegal arrest a few weeks later
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The secret, illegal and unofficial raid, and arrests at 16 Leirmans Road on 14 December, an illegal eviction in disguise
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The illegitimate arrest of myself on14 December
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Along with the motivation of an armed swat team
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The denial of my rights after both arrests to call an attorney
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My arrest of 14 December, in regard to the illegal eviction of 32 Fisherman’s Bend that it disguised.
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The objection to bail on19 December, which resulted from the lies told by the Investigating Officer
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The attempts by the Investigating Officer to delay the start of the bail application with further lies on 6 Jan,
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The attempts by the Investigating Officer to delay the start of the bail application with further lies on 2 Feb,
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The attempts by the Investigating Officer to delay the start of the bail application with further lies on 9 Feb,
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The constant failures of the Investigating Officer to provide the dockets in all matters.
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The illegal retention of my passport well into 2023 while simultaneously attempting to prosecute me for visa violations.
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The post-arrest plan to create victims to portray victims of a fraud perpetrated by me.
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The introduction of the bogus immigration charge
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Including the affidavit of the Investigating Officer trying to retroactively insert the immigration into an arrest in which it played no part.
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The illegal retention of my equipment to disable my ability to defend myself, in both civil and criminal matters, to remove the evidence as to their criminality, and to assist in creating victims, as well as facilitating fishing expeditions,
[1] Also refusing to take the data from the devices and return them.
[2] After all, they had tried multiple times
[1] After Pollsmoor prison I asked the attorneys to hand all the properties back, as I was so shocked about the lengths the landlords went to, to get their hands on the millions in premium rents and capital values.
[2] As a result of the pressure applied by Paula Disberry and Mr de Swardt, the Investigating Officer made multiple appointments for the promised follow up meeting and failed to show each time.
"All truths are easy to understand once they are discovered; the point is to discover them." - Galileo Galilei