Latest Developments

 

Latest Developments

 

Barbara Volkwyn

Latest Developments as at Wednesday 13/5/2015.

Tragically Michael's life ended with a single bullet shot through his head by SAPS/South African Police Services Task Force/Army on 13th May 2015. A private pathologist present at the autopsy said he died almost instantly although some blood was found in his lungs so he appeared to have choked/drowned in his blood prior to death. I still await the Inquest date. I will post the post mortem report later. .

Roy Volkwyn initiated investigations into Michael's death while his house was stormed by various units of the South African Police Services. As expected Roy isn't getting much co-operation from the South African Police Services.

It was always Michael's wish that this website should remain until the end of time as a reminder of our quest for justice. Michael suffered the most and lost his life savings to pay his sister's lawyer, Martin Bey, which makes it even more sickening that she still feels entitled to a third of his Estate. Yet again, as was the case with my late father, she has removed items from Michael's home and refuses to return them. History repeats itself.

Latest Developments as 30/10/2011.

Barbara abandons her struggle for justice.

Latest Developments as at Monday 04/07/2011.

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I made several attempts going via different routes to acquire a copy of the Judgment handed down on the 10/5/2011. My attemtps were in vain as you can see from the correspondence between the Chief Registrar of the Western Cape High Court, Mrs. David, Judge Nathan Erasmus's PA and myself. The Judge President, Judge Hlophe explained as well that because the reasons were handed down in an open court, I could contact the Transcription company and purchase the transcription of the Judgment.The problem was I simply could not afford it. When I objected to that, he told me that he did not wish to advise me in future or to speak to me again! I complained to the Ministry of Justice and they told me to address a complaint to the Chief Justice. Ag, se voet man - there was no time! Other Judges had always given Michael & I copies of the Judgments. When I asked another Registrar at the High Court about this (Mr. Frazier), he said some Judges do and some don't.

I therefore was shocked when Judge Nathan Erasmus walked into court on the 7/6 waving a copy of the Judgment around and asking whether I had received my copy. because he had made a copy available or words to that effect - absolute bullsh*t! See the correspondence to aquire it - my requests were denied ! To add insult to injury Judge Erasmus kept referring to sentences in his copy when he knew by that time that I did not have one - after he complimented me about the manner in which I had drafted the papers.

Judge Nathan Erasmus dismissed my Application for Leave to Appeal to the full bench of the High Court with costs even though no-one formally or informally opposed the application!

I have therefore no remedy except to petition the Supreme Court of Appeal in Bloemfontein which I will do as soon as possible.

  • Court Case 18716/2009 Correspondence wrt acquiring a copy of the Judgment - Case 18716/2009 & Set Down

  • Western Cape High Court Case 18716/2009 Application for Leave to Appeal.

  • Western Cape High Court Case 18716/2009 Practice Note

  • Western Cape High Court Case 18716/2009 Index Vol 1

  • Western Cape High Court Case 18716/2009 Index Vol 2

  • Western Cape High Court Case 18716/2009 Index Vol 3

  • Western Cape High Court Case 18716/2009 Index Vol 4

  • Western Cape High Court Case 18716/2009 Index Vol 5

  • Western Cape High Court Case 18716/2009 Index Vol 6

    Latest Developments as at Saturday 14/05/2011.

    You will need Adobe Reader to view these files which you can download from the link below.

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  • 10/05/2011 Judge Nathan Erasmus dismissed my Application 18716/2009 with Costs - Court Order

  • 04/03/2011 Letter to the Western Cape Regional Office of Justice Advocate Mohamed - Page 1
  • 04/03/2011 Letter to the Western Cape Regional Office of Justice Advocate Mohamed - Page 2
  • 22/02/2011 Letter from Martin Bey - Pages 1-2
  • 11/02/2011 Letter to the Western Cape High Court Judge President - Judge Hlophe - Page 1
  • 11/02/2011 Letter to the Western Cape High Court Judge President - Judge Hlophe - Page 2
  • 26/02/2010 Letter to Judge Desai - Page 1
  • 26/02/2010 Letter to Judge Desai - Page 2
  • 10/08/2010 Letter to the Western Cape High Court Judge President - Judge Hlophe - Page 1
  • 10/08/2010 Letter to the Western Cape High Court Judge President - Judge Hlophe - Page 2
  • 04/08/2010 Letter to the Western Cape High Court Judge President - Judge Hlophe - Page 1
  • 03/09/2010 Letter to the Western Cape High Court Judge President - Judge Hlophe - Page 1

    Western Cape High Court Case 18716/2009 was set down for 22/3/2010 by the Judge President - a SA public holiday. A meeting was convened in the Chambers of Judge Desai on 24/2/2010 to set another date for the hearing. Judge Desai stated that the matter would be heard in 12-18 months. Martin Bey resigned as executor in Chambers. I went to the Western Cape High Court and the first available date was in 2014. A brief meeting was held in Judge Hlophe's Chambers on the 18/8/2010 to discuss bringing the date forward. Judge Hlophe voiced his concerns about the state of the court file. He asked Martin Bey to assist on another occasion. New date of set down 22/3/2011. Martin Bey requests a meeting with me to sort out the court file and a pre-trial conference. On arrival at the offices of CK Friedlander, Martin Bey told me that the court file could not be found at court. In other words it was missing. This is not unusual. Documents served and filed by Michael Volkwyn and myself before have vanished from the court file, on more than one ocassion. The previous time this happened, Judge Le Grange dealt with me harshly in Court 16 because documents were missing (many) and he was not happy with the state of the court file. I insisted that the meeting at the offices of Martin Bey could not continue without the court file. Martin Bey then proceeded with the pre-trial conference. Earlier a Senior Civil Law Lecturer told me that a pre-trial conference was not a requirement for this type of Application. I walked out of the meeting - there was no point in continuing with it. I was not going to be bullied by anyone under any circumstances. I then wrote a letter to the Western Cape High Court's Judge President, Judge Hlophe, complaining about the missing file. A meeting was arranged and I met him in his Chambers to discuss the missing file and the way forward. I suggested uplifting the Master of the High Court's copy of the documents served on them. Judge Hlophe advised that once this was done, he would arrange to have a copy made which would remain in his office and another copy of the Master's documents would form the court file. These he said would be at the expense of the court. I then called the Master of the High Court and explained the situation to them and the need to uplift their copy of the documents which were served on them. I was asked to put the request in writing and informed that the documents would be made available in two days'. I faxed a letter to them as requested. They called me later that day and informed me that they'd need a letter from Judge Hlophe before they'd allow me to uplift the documents. I then wrote a letter to Judge Hlophe advising him of the request by the Master of the High Court. He did not respond even though I made several calls to his Personal Assistant. Eventually she told me that Judge Hlophe had stated that without a court file, he could not issue an order (to the Master of the High Court)! I called Mrs Healy at the High Court and she stated that she had not yet found the court file. I contacted the Ministry of Justice in Cape Town and they advised me to contact the Regional Office of Justice who'd be able to assist. I did so. On Friday 11th I received a telephone call from the Chief Registrar at the High Court to say that the file had been found and that I needed to proceed to the court as soon as possible to inspect the court file. On the 15th I went to the court to inspect the file. A representative was sent by Martin Bey to be present during the inspection. The 140 odd pages which Martin Bey claimed were not in the file, were in fact there. I'd stated all along that I collected the file and indexed, paginated and bound every page but this was disputed by Martin Bey. I explained that without the Master's copy of the documents I could not be certain that the file had not been tampered with. The Chief Registrar then called the Master and asked them to deliver their copy of the documents to the High Court. I thought Mrs. David (Chief Registrar),then told us to return to her office the next day at 2pm so I left and returned to work. Shortly after 2pm I received a call to find out where I was. Mrs. David explained that she meant 2pm on the same day. She told me to arrange to meet the next day and that I was to confirm the time with Martin Bey. I informed her that under no circumstances would I speak to Martin Bey. His representative called me at about 5pm to say that neither he nor Martin Bey could be present the next day. I conveyed this to Mrs. David the following morning. She stated that one of them would have to be there failing which a judge would compel one of them to be present. I rushed to the High Court that afternoon. Mrs. David arranged for mediators to be present. The 5 volumes were carried by someone to the Law Library in the court. A woman who was with us, issued guidelines on how to check the file and then left. Martin Bey then arrived. He was extremely rude towards me because I refused to speak to him or answer any questions. Fortunately there were witnesses. A few pages were to be inserted from the Master's copies. At the end of the meeting, the mediator and I returned to Mrs. David's office. She said she'd make the copies. The following day I rushed back to the High Court to collect the file to index, paginate and bind it. I spent 4 days doing that - day and night from the 18/03 - 21/03. There are now close to 700 pages in the court file - bound in 6 volumes as per the High Court Rules and a few pointers were given by Mrs. David. She also stated that the file would remain in her office until the hearing. We agreed that on the morning on the 22/03 I would bring the file back and take it to the Judge President. I did so. On the 22/3 Advocate Abrahams arrived with Martin Bey. Judge Hlophe then asked why the files were presented then when they should have been sent to him 2 weeks before the time! I explained that the files were missing and were only found over a week before then and then I had to get them into order! He seemed surprised! Again, he told me that only of the file was on order would he allocate it to a judge and that the matter was to be placed on the role again. I also told Judge Hlophe that about 95% of documents in the file had nothing to do with my Application - totally irrelevant. Advocate Abrahams confirmed this with the Judge President. Judge Hlophe then stated that there was a penalty for that and costs could be claimed. He went on to add that often counsel pays this money out of his own pocket. He advised to report to the Registrar for another set down date. This was done. New set down 10/5. I returned the files to Mrs. David and voiced my displeasure that the Judge President seemed uninformed about the court file and our agreement. On Thursday 05/5 I called the Registrar, Mr Frazer, and asked him which judge the case had been allocated to. He asked whether I had filed a Practice Note. I told him that I thought Judge Hlophe had asked Advocate Abrahams to do that. I then called Mrs. David and she said I was supposed to have called her a week before the time to ask her to take the file up to the Judge President and that I was supposed to file the Practice Note. Mrs. David asked me whether I knew what was required and I said "no". She then emailed me a copy of the Consolidated Practice Notes for the Western Cape High Court (about 40 pages). I constructed the Practice Note to the best of my ability and faxed it to the Judge President and to Mrs. David as requested. I also faxed it to Advocate Abrahams and Martin Bey's office. On the 9/5 I rushed to the High Court to meet with the Judge President again. I needed to find out what would happen the next day. No Heads of Argument had been filed by 2nd and 3rd Respondents. First Responded had already filed a Notice to Abide. A year after I submitted my Heads of Argument, Martin Bey filed documents which would have meant I had to change my Notice of Motion again as well as my Heads of Argument. Judge Hlophe stated that though he was not the judge, several things could happen the next day. One was to postpone the matter or grant my Application. He did however add that it would be up to the presiding judge and that there were several options. I asked him if the case had been allocated to a judge and he said that he had not yet received the file. Again he added that if the file was not in order he would not allocate it to a judge. Mrs. David told me that she had taken the file to him on Thursday 5th. I then went to see Judge Hlophe's Personal Assistant to find out where the file was and she stated that the case had already been allocated to Judge Nathan Erasmus by Judge Hlophe! Judge Erasmus voiced his displeasure with the court fileā€¦ He did not postpone the matter or penalize the Respondents. He dismissed my Application with costs. The manner in which the hearing was conducted was unfair to say the least. Quite frankly it was shameful and unbelievable. I have therefore decided that the only option I have is to appeal.

    Latest Developments as at Wednesday 02/02/2011.

    The Western Cape High Court Application which I initiated in 2009, namely

    Case 18716/2009

    Barbara Volkwyn vs

    The Master of the High Court

     Martin Bey &

     Diana Williams

    Resumes on the 22nd March 2011.

    Latest Developments as at Tuesday 9th February 2010.

    On the 29th January I filed and served on all parties (except the Master of the High Court due to time constraints), the Amendments to my original Notice of Motion. I also filed and served a new Joinder Application which aims to join Martin Bey as a Respondent. Michael advised pm that I had not signed the documents! On Monday 1st February I filed and served on all parties, the Amendments as well as the Joinder Application [Case 2000/2010].

    I have requested that Case 2000/2010 to be heard on the same day as Case 18716/2009, i.e. 22nd March 2010.

    The following buttons/webpages have been removed. Barbara vs SAPS, Cape Law Society and the Judicial Services Commission. I really don't have the time to scan and publish these documents.

    Latest Developments as at Tuesday 30th November 2009.

    High Court Case 18716/09 has been postponed until 22nd March 2010. I will update this website soon. www.xenophobia.org.za has been keeping me busy. Gucci (my poodle) bit my finger twice over the weekend (more like ripped) so typing is awkward.

    Cape High Court Case 18716/09 Barbara Volkwyn vs The Master of the High Court

    [As per Section 54(1)(a)(v) of the Administration of Estates Act 66 of 1965, requesting that the Court removes the executor from office as well as several other prayers.] - Matter now sub judice.

    Martin Bey represented by Advocate Abrahams

    Latest Developments as at Tuesday 22nd September 2009.

    I launched another urgent High Court Application in which I represented myself on the 1st September 2009 and appeared in Court on the 2nd September.

    Cape High Court Case 18716/09 Barbara Volkwyn vs The Master of the High Court

    [As per Section 54(1)(a) of the Administration of Estates Act 66 of 1965, requesting that the Court removes the executor from office as well as several other prayers.] - Matter now sub judice.

    Martin Bey represented by Advocate Abrahams

    Note to all relevant and interested parties, kindly adhere to the High Court rules - surely, this is the very least you can do!

    18/09/2009 - I received a letter from the Board of Sheriffs dated 16/09/2009 wherein it was stated that the deputy sheriff had not yet responded to my complaint. He had 2 weeks in which to do so (according to the Act) and that the matter had been referred to the Disciplinary Unit for Disciplinary Action.

    21/09/2009 - I received the deputy sheriff's response dated 26/08/2009 and stamped by the Board of Sheriffs on the 28/08/2009 (I kid you not).

    Latest Developments as at Monday 26th August 2009.

    18th August 2009 - 25th August 2009 Following discussions with the Board of Sheriffs, Michael and Barbara kept them informed that Michael had not yet received an inventory from the deputy sheriff, Mr Walters (some 25 days overdue!). Barbara has submitted a supplementary affidavit to the Board of Sheriffs. Michael contacted Martin Bey of CK Friedlander Shandling Volks (the attorney acting for First Respondent in Cape High Court Case 4398/2007 - Setting aside of the Will of the late Isaac Volkwyn) with regard to paying the R39000 odd amount for the return of his moveable property. Bet that came as a surprise! That amount went up by a few thousand rands [storage and the advertisement costs!!! - there was NO advertisement!!!]. Michael makes the payment on the 24th August. Michael and Barbara collected his property from the offices of the Sheriff in Newfields on the 25th August but some items are missing. Note to sheriff who instructed me to leave the premises...As I stated yesterday, you treated us like absolute SHIT on the 30th July, so from now on I'll treat you in a similar fashion. The latter applies to everyone. The days of taking shit lying down have come to an end.

    ** Latest Developments as at Monday 17th August 2009.

    Updates are long overdue as there have been some unbelievable and downright shocking developments. Due to time constraints I'll be brief.

    15th June 2009 - Barbara receives an email from the Judicial Service Commission notifying her that her complaint lodged against a Cape High Court Judge was been dismissed on the 8th June 2009.

    29th June 2009 - Michael Volkwyn and Barbara appear before the Taxing Master at the Cape High Court. Michael opposes the Taxation. I inform the Taxing Master that I am appealing the JSC's dismissal of my complaint with regard to Case 4398/2007. The Taxing Master notes the reasons for Michael's opposition which she states "she will have to inform the court about". I have little doubt that the hungry lions were awaiting the decision of the Judicial Service Commission before claiming approx R39200.00 for hearings to date [setting aside the purported Will of my late father].

    ?? July 2009 - Four shots fired at a window in Michael's house by a person wearing a head scarf seated in a golf outside his home. This event was picked up and recorded by Michael's surveillance system.

    6th-8th July 2009 - Both Michael and Barbara courier a total of 4 identical packages to the Chairman of the Judicial Service Commission which contained Barbara's appeal against their earlier dismissal of her complaint. They acknowledge receipt on the 24th July 2009. Appeals must be lodged within 30 days of a dismissal.

    30th July 2009 - Michael calls Barbara to inform her that the police and Deputy Sheriff are at his house to attach and remove his furniture and belongings. Barbara rushed to Michael's house to try and establish what was going on as we had no prior knowledge on any further court action or judgment and had not received any summonses. I asked the Deputy Sheriff for 10 minutes to try to find a lawyer but the time was too short. I then asked for another 5 minutes. I called the Legal Aid Offices and I was told that we should come in straight away. I also called the Chief Registrar at the Cape High Court, Mrs Ruanne David and informed her of the situation. She said that there would have been supporting documentation in the Case file [4398/2007]. I explained to the Sheriff that we needed to inspect the court file but he refused to allow us time to do this. He then threatened me with arrest if I obstructed him. He then, along with his entourage "people who were with him" as well as countless policemen and two policewomen entered Michael's House. After they pretty much cleared Michael out, they left but without giving Michael an inventory of what they removed. Michael and I went to the Cape High Court and as is so often the case, the "relevant documents" the Chief Registrar referred to were not in the file. The notes made by the Taxing Master were not in the file either. A Registrar called Martin Bey at CK Friedlander Shandling Volks who represents one of the respondents in this matter, Mrs Diana Williams, and asked him to fax the documents to the Cape High Court.

    4th August 2009 - I lodge a formal complaint against the Deputy Sheriff with the Board of Sheriffs.

    13th August 2009 - Still no inventory delivered to Michael Volkwyn by the Deputy Sheriff. Barbara cc'd Advocate Labuschange at the Ministry of Justice. She called and left a message for him to call her and he did not. Nothing unusual. I receive a letter dated 31 July 2009 from the Master of the High Court notifying me that if Michael does not move ahead with Cape High Court Case 4398/2007, they will instruct the executor, Martin Bey, to continue with the administration. This effectively leaves two weeks for Case 4398/2007 to get back onto the court roll.

    17th August 2009 - As requested by the Board of Sheriffs, complaints to be lodged in the form of an affidavit. This has been done and delivered.

    ** Latest Developments as at Saturday 23rd May 2009.

    I decided to scan and publish some of the letters received from the Director of Public Prosecutions , Advocate Rodney De Kock in 2007 to clarify statements I published on this page on the 7th May 2009 (below).

    What I did not mention in my recent updates was that although new evidence was presented by Roy Volkwyn and myself, SAPS did not fully investigate and Advocate De Kock refused to consider any new evidence. That letter is available below as well [dated 26/03/2008].

    All files are in .PDF format. If you don't have Adobe Reader installed on your pc , you may download it here. You will need Adobe Reader to view these files which you can download from the link below.

     

    If you've read the correspondence you will see that we have a problem on our hands...I brought the urgent application for SAPS to hand over the docket information (X2). Judge Thring said the matter was not urgent because the DPP, i.e. Advocate Rodney DeKock could issues new nolles and postponed the matter sine die The Ministry of Justice said that they cannot find authority to extend the 90 day period or to issue new nolles. Advocate De Kock said he cannot re-issue the nolles. However, Advocate Jacobs at the Cape Town Magistrate's Court showed me the book wherein it states, that NEW NOLLES CAN BE ISSUED under special circumstances. He refused to take any of my calls. He was taking orders from Advocate De Kock perhaps ? The reason I was referred to him was because no-one at the court knew how to initiate the proceedings or what to do with the R6000 deposit! It was Advocate Jacobs who stated when I arrived at his office that I probably knew more him wrt the nolles ! What a bloody mess . . . Judiciary is not looking too good right now...

    ** Latest Developments as at Sunday 17th May 2009.

    A message for my beloved brother Michael. You hang in there. I'll be in court with you on the 19th. Note to the Director of Public Prosecutions, Advocate Rodney de Kock...What you have done and are still doing to Michael and I is despicable but you will have to answer for it one day as will those who assisted you. Where are we now....around the 25th appearance ?

    ** Latest Developments as at Saturday 2nd May 2009.

    There have been many developments since March 2007 but I will mention only the most important ones for now.

    I was referred to the Senior Prosecutor at Cape Town Magistrates Court about how to initiate the court cases and he was helpful, even showing me the reference book and reading extracts from it where, in exceptional cases, the Director of Public Prosecutions could have issued new nolle prosequi certificates. The Director of Public Prosecutions sent me a letter instructing me NOT to talk to his prosecutors and he mentioned in the same letter that he had instructed the prosecutors NOT to speak to me in future. If that does not amount to abuse of office, then nothing does and I reported his conduct over the years to both the NDPP as well as the Ministry of Justice.

    There have been numerous Cape High Court Cases which my eldest brother Michael Volkwyn and I have initiated.

    Here are some of the important ones :-

    1874/2007 Barbara Volkwyn vs The Master of the High Court

    1875/2007 Barbara Volkwyn vs The Bellville District Commissioner & 2 others

    [An urgent application compelling SAPS to hand over the docket Information]

    -Judge Dlodlo did not rule in my favour, in fact he ordered me to gain access to the documents in SAP dockets 140/11/2002, 270/02/2003, 365/09/2004 via the Access to Information Act. Most of the witnesses simply refused me access to the documentation and their affidavits. This is exactly what I foresaw and brought it to the attention of Judge Dlodlo during argument. The Regional Office of Justice felt that I should have appealed this ruling. They then later suggested raising the matter with the Minister of Justice. I did.

    An appeal was lodged with the Minister of Safety and Security April 2007 but he later ruled that I would not be able to access the docket information.

    4929/2007 Barbara Volkwyn vs The Bellville District Commissioner & 2 others

    [Another urgent application compelling SAPS to hand over the docket Information]

    Judge Thring ruled that the matter was not urgent because he stated that the DPP, Advocate Rodney De Kock could issue new nolle prosequi certificates. Advocate De Kock refused. The nolle prosequi certificates expired.

     4398/2007 Michael Volkwyn vs Diana Williams, Smith Tabata Buchanan Boyes,and he Master of the High Court

    [Contesting the validity of the last Will of IT Volkwyn]

    Court documents disappear yet again.  During late August / early September 2008 I raised the issue of questionable misconduct of a Cape High Court judge with the Judicial Services Commission and the Ministry of Justice. This matter is ongoing and I brought these proceedings as well as others to their attention as well. To make matters worse, the court transcript was altered and the court file vanished more than once.

     

    ***** I breathed a sigh of relief when Advocate Vusi Pikoli was relieved of his duties. Then the Minister of Justice, Ms Bridget Mbandla left as did the Minister of Safety and Security, Mr Charles Nqakula. Things are finally looking better. *****

     

    **Latest Developments as at Sunday 18th March 2007.

    The nolle prosequi certificates have been issued.

    This also means that the bit about the certificates having been issued which was in the judgment in High Court Case 1187/2006 was total garbage. I abhor people dangling carrots in front of me so I was back in the High Court again on the 27th February to compel the Bellville SAP Commissioner to make copies of the three SAP CAS dockets available to me. He had previously told me they were on a table in his office right behind where I stood and ready and waiting for me to complete 'a form' first. I refused. Though he did not refer to the name of the form, I knew he was referring to the Access to Information Act application form. My interpretation of the Act is that one cannot use the Act if the intention is to bring about court proceedings. Judge Dlodlo disagreed with me and I had to fill in the form at his request. Now this is where the justice system appears to be falling apart yet again....Nolle prosequi certificates are valid for 90 days. SAP's advocate during arguments in court said this process could take up to 72 days, and possibly longer if the third parties contacted decline to permit me to have their statements. Recommendations have been made, but I have a plan of my own. The days of knocking on doors and begging people in government to do their jobs and the days of fanning backsides are over. I am going to be taking a bit of a break shortly to focus on the upcoming court cases and as a result will refrain from updating this website for a while. Let us not forget that it is on this day 5 years ago that my late father had a stroke and two days later a decision made to end his life in what must be the most inhumane manner, simply because he was not going to make a good recovery and would be disabled.

    **Latest Developments as at Thursday 8th February 2007.

    On Wednesday 7th February I learnt that the dockets and files are back at the offices of the Director of Public Prosecutions and that Advocate Vogel has completed his tasks and made his recommendations. Today I spoke to the acting Director of Public Prosecutions and she said that come Monday when the Director of Public Prosecutions returns to work following a conference he attended I will be informed of his decision of whether they will prosecute or whether I will. As I have said since then, either way we win - there will be a prosecution. Over the past few days for me it has been a period to reflect on the past five years and the hell Michael, Roy and I have been through so many times. During these past five years we have experienced great sadness, anger, guilt, arguments, frustration, humiliation, incredible pain and many embarrassing moments thanks to certain people who did their utmost to discredit us at every opportunity. But at the end of it, whichever way you choose to look at it, we have won against all odds. On a rather somber note, nothing will bring my father back to life, he lost his battle to survive on 23rd March 2002, but he put up a hell of a fight and I know for sure that this is what he would have expected us to do - it's what he would have done and I think for that reason it is Michael's wish that we will never celebrate victory.

    **Latest Developments as at Sunday 14th January 2007.

    On the 13th September 2006, I applied to the Director of Public Prosecutions for the two nolle prosequi certificates so that I could conduct a private prosecution as he had declined to do so. He in turn asked that I comply with numerous requests which I did. I then gave the Director of Public Prosecutions until the 1st December 2006 to notify me as to whether they would prosecute themselves or issue me with the nolle prosequi certificates. The dockets with (hopefully) all the relevant information has been at their offices since the beginning of December. The advocate assigned to the matter/request did request more time in mid December to study the dockets. I do feel that he has had an adequate amount of time to do that and seeing that he has not communicated recently with me with regard to further investigations, and having attended a meeting at the Provincial SAPS Offices on the 27th December 2006 during which it was not apparent that further investigations were taking place by SAPS, I have decided to begin the publication of my correspondence between the DPP, NPA, SAPS, The Cape Law Society and myself which began in 2002 as I said I would. As I mentioned on the Struggle for Justice webpage, 2007 will finally mark the end of this long, difficult, draining, costly and uphill battle for justice. Please note that there are no developers or volunteers assisting me and this is a time consuming process. I will perform the task as quickly as possible. I am not going to publish each and every single letter for two main reasons, namely i) I'd hate to jeopardies forthcoming court proceedings, and ii) unlike SAPS, I will not ignore Chapter 4 of the Access to Information Act. I have also altered some names and contact details for obvious reasons. All documents will be in pdf format so if you do not have Adobe Reader installed I will provide a link on the Barbara vs webpage which you can then use to download Adobe Reader. If you'd like to contact me, my email address is barbara.volkwyn@gmail.com.


    **Latest Developments as at Tuesday 19th December 2006.

    Prior to September, I wrote and spoke to Superintendent Naude of the National Commissioner's offices and asked him what I could do with regard to SAP personnel leaking information. He stated that I could open the new docket at Cape Town Police Station - the Police Station closest to where the offences were committed. Later during September,  Simon Mudau from the Ministry of Safety and Security in Pretoria instructed me NOT to open a docket in either Cape Town or Bellville as the investigations were being conducted from Pretoria and were of a sensitive nature. At the end of  November I received a letter from the Ministry of Safety and Security dated 22nd November, which stated that Superintendent Naude was in fact correct, and I should, if I so wished, open the docket in Cape Town. Rather than go to Cape Town, I opened the docket at the Bellville District Offices of the SAP. A detective there, namely Detective Hendricks would arrange to have it sent to Cape Town. He told me that they (Cape Town) would supply me with the SAP CAS number on 06th December 2006. On the same day I asked Detective Hendricks whether he had all the information that the Director of Public Prosecutions requested. He told me that he was still waiting on the Postbank statements of my late father's bank account/s. He told me that Postbank had been subpoenaed on the 16th October 2006 to reproduce the statements. Furthermore he stated that Postbank had applied for an extension as they were doing the task manually. He stated that it was not up to him to grant the extension, but up to the Magistrate. He was not exactly sure of the new cutoff date, but said that Postbank had up until the 19th December? to produce the statements. On Friday the 8th December I added more information to my affidavit (now a supplementary affidavit) and took it to the Bellville District Headquarters. I was then told by Detective Hendricks that he had orders to send the docket to Pretoria to the National Commissioners offices! On Monday, the 11th December I telephoned the Head of the Archives Department in Bloemfontein and she stated that NO statements had been requested by the SAP. She went on to state that NO subpoena had been served on them and obviously therefore no extension was applied for. When I questioned her she emphasized that ONLY the Archives Department in Bloemfontein was able to perform this task. So yet again I was lied to. I informed the Director of Public Prosecutions who had requested my co-operation with the SAP, to no longer expect this. I refuse to co-operate with people I cannot trust. I informed the Provincial Commissioner's offices of this as well. I then contacted the Ministry of Safety and Security and I was told to arrange a meeting with the Provincial Commissioner, Commissioner Petros. I did so on Monday 11th December. I was informed on the 15th December by the Director of Public Prosecutions that he requires more time to study the dockets and all new information he now has. On Friday I also visited the Provincial Police Commissioner's offices to hand in a supplementary affidavit. When I asked for a CAS number I was told by Superintendent Pamplin that he'd get back to me that afternoon. He did not. Yesterday he telephoned me to tell me that the matter had been referred to their internal complaints division and that a meeting (the one I was promised) was not that easy or straightforward to arrange! Today (19/12/2006) I again called the Provincial Commissioner's offices and was told that the new docket had been referred to the internal complaints directorate and that a meeting could be arranged on the 27th December at which the various role players would be present. When I opened the Murder docket 140/11/2002 on 8th November 2002, SAPS turned it into an Inquest docket. There was clear intent to end my father's life. The method used was euthanasia by omission. He died as a result, the crime therefore was murder. The new docket which the Ministry and Safety and Security as well as the National Police Commissioner's offices instructed me to open if I so wished, has now been turned into a complaint. Another SAP cover up in the making? Yet again I have to take this matter up with the Ministry of Safety and Security.

    **Latest Developments as at Saturday 18th November 2006.

    Seeing that this struggle for justice has intensified and because we are practically working around the clock in this quest for justice, I have decided to update this website. Firstly the people /cowards who have been sending disgusting and intimidating smss to Roy and myself, I strongly urge you to refrain from this activity. We have noted that you switch off your cell phones or remove the sim cards after you send an sms which is cowardly to say the least. The numbers we kept so far have been: 0761068473, 0723476228, and 0761068401. On Monday 13th November, Michael and I were preventing from communicating by sms. After spending ages on our cells to Vodacom we were told that both our cells had call barring activated. Neither of us did this, cleverly it was not call barring as such, someone barred us from sending each other smss. I am pleased to say that the advert placed in the Argus for information regarding my late father's Wills, yielded not one, but three Wills. They most definitely are the Wills of my late father so I'm curious to see what the Master of the High Court's next move will be. I do not intend waiting much longer for feedback before this matter gets escalated to the Minister of Justice again - she is already aware of the situation and has requested updates from the Master. Both Cape Town and Bellville Commercial Fraud Units are under investigation, this follows my complaint to the Minister of Safety and Security. Re Cape High Court Case 1187/2006.I have complained to the Judge President as well as the Chief Justice about the fact that unlawfully gained SAP docket information was used during the trial and referred to in Judge Louw's judgment handed down on the 30/5/2006. That information was inadmissible in a court of law and the Judge had the proof which came from the Provincial Detective Services. Their response was that they could not interfere and I could appeal. Not once in his judgment does he mention the fact that perjury was committed and that old and outdated information was presented to the court. Instead he chose to refer to Michael Volkwyn's past - this is bullshit! Next in the line of fire is the Law Society of Cape of Good Hope. Roy and I have brought several matters to their attention regarding the conduct of an attorney. Each time they exonerate him. My last complaint was serious. The attorney claimed to have used the Access to Information Act to acquire SAP docket information. The Provincial Detective branch found this to be so in only one case. As he insisted that he made use of the act I requested proof of the receipts he would have received. By then the detectives had already given me written proof that no entries were in the registers and no receipts had been issued, also that all detectives questioned had denied releasing the information. As expected the attorney could not produce the receipts. After declaring that to the Cape Law Society, they closed the file! So it is my opinion that the Law Society is no different to the Medical and Dental Council - they act for medical practitioners and in this case for the attorneys who have complaints lodged against them and that is oh, so sickening. It was your duty to take corrective action against the attorney concerned. Let's proceed now to the Director of Public Prosecutions. On the 13th September 2006 I applied for what is known as Certificates of nolle prosequi (see section 7 of the Criminal Procedure Act). This was a recommendation made by Judge Louw during the trial and also in his Judgment. In a nutshell when the state declines to prosecute as they have in Woodstock CAS 140/11/2002 (Murder) and Cape Town CAS 270/02/2003 (Fraud), one can apply to prosecute by what is known as private prosecution. In this case I applied, and that is my right, to replace the state's prosecutor in court. The Director of Public Prosecutions is currently reviewing his decisions after I spent several hours perusing the dockets myself. Yes, as suspected and as I claimed a couple of years ago, many documents and affidavits had been removed and or destroyed. I have made several more affidavits and I have given him until the 1st December 2006 to decide to either prosecute himself or to issue the certificates of nolle prosequi to me. While on the subject and as promised I have decided to respond to the Director of Public Prosecution's letter which I received on the 14th November 2006 which was his response to two complaints I lodged regarding the handling of my eldest brother Michael Volkwyn. Michael's case was provisionally withdrawn against him in July 2001. He was summoned back to Wynberg Court towards the end of 2004 and appeared in Wynberg Court on 5th February 2005. The case was struck off the role after several appearances. Then yet AGAIN on 15th August 2006, he was summoned to appear in Wynberg Court on the 16th August 2006 (the next day). Yet again the case was struck off the roll on 2nd October 2006. In my view what's happening here are attempts to get us to back down. Let me publicly say that not only will you never succeed, you are abusing the judicial system and wasting taxpayers money. Of course you will deny that, that's to be expected. This cover up has over the years already cost the taxpayers tens if not hundreds of thousands of rands. As per my letter to you dated 16th November 2006, you have until the 1st December 2006 to either decide to prosecute on two of the three dockets (one in still under investigation) or to explain in writing to me why you require more time and the reasons or to issue the Certificates of nolle prosequi to me as requested and I will prosecute. If not, I will publish each and every single letter from me to you and from you to me - the letter count to date is fifteen. I am sick to death of this bullshit, the below the belt tactics, the stalling of investigations, the delays, the tricks and deception. This struggle is not about Michael, Roy or myself, it's about my late father's murder in March 2002 and the fraud committed after his death. I say again Justice delayed is Justice denied. I will not allow this to continue. Finally, I am cautioning you, that should you ever send me a SAPS docket to inspect which only contains my documents submitted to the Cape High Court (Case 1187/2006) or copies of Michael's documents submitted to the same court, I will personally call for your resignation. You are getting paid to do a job and not to play games.

    **Latest Developments as at Monday 26th June 2006.

    So many people have asked about the outcome of the High Court case that I figured it was time to update this webpage. Proceedings were postponed in March and the trial date was set for 9th May. Between these dates, many hours, rather days and weeks, were spent preparing my Replying Affidavit and Heads of Argument. Representing oneself in the High Court is a daunting task to say the least. I cannot think of anything I wanted to say during the trial that I did not say. And no, the dust has not settled yet. It was in my view, a tough, demanding and very emotional day. What this case did in fact reveal to us was what we suspected for some time - that certain members of at least one SAP detective branch had leaked docket information, one has since resigned and left the SAP. So to all of you I say this - you can run but you cannot hide and sooner or later you are going to have to account for your actions and face the consequences. I was also informed that docket 365/09/2004 had disappeared. It was only after I had verbalized my intention to sue the Minister of Safety and Security that the docket was hurriedly 'reconstructed'. Reconstructed from what I asked - memory? What annoyed me was the fact that the NPA were aware of this but chose not to tell me about it. We always stated that we keep multiple copies of documents in a number of different places for this very reason. I have mixed feelings about the judgment handed down on the 30th May and have therefore decided to take some form of action regarding it. On a positive note,THIS WEBSITE WILL REMAIN IN ITS CURRENT FORM, which is what I fought vigorously for and will continue to do. I once read that the law of resilience is the ability to bounce back from inevitable setbacks and disappointments experienced in the attainment of a worthwhile goal. I have most certainly bounced back but my approach has changed. In a letter addressed to Michael from the Western Province's Health Department dated 5 November 2002, it stated, "It is with grave concern that I note your allegations of criminal malpractice on the part of the staff of Groote Schuur Hospital. Let me assure you that any intention on your part to pursue such allegations or in any way cast doubt upon the ethical integrity of the staff, will be countered with whatever measures are necessary to defend the interests and reputation of those who cared for your father prior to his death". Over the past few weeks I have considered the various options available to me at this point. There is really only one logical option, we have pursued and exhausted all others.

    I have therefore decided to hold the Minister of Health responsible for the death of my father. I have also decided to hold the Ministers of Justice and Safety and Security responsible for the bungling of the SAP investigations by their staff with regard to dockets 140/11/2002, 270/02/2003 and 365/09/2004 as well as releasing sensitive docket affidavits and information used to beat us with in Cape High Court Case 1187/2006. I am also holding the Minister of Justice responsible for the refusal to prosecute as well as the mishandling of my late father's estate by the Master of the High Court - viz. their failure to apply the penalties as per the Administration of Estates Act 66 of 1965. Euthanasia by omission or any other form, under South African law is illegal and regarded by our courts as murder (Law Commission report 'Project 86' for examples of many such cases). For this reason I will not be posting any further updates to this webpage until these legal processes have been completed. NB. All links to webpages are functioning correctly from the index/first webpage, the rest of the links will be fixed soon.

     

    **Latest Developments as at Tuesday 2nd May 2006.

    A message to my ex Legal Representative - We both studied Latin I assume, so you will fully comprehend the meaning of the following three words. Et tu Brute!

    **Latest Developments as at Monday 17th April 2006.

    I have not been able to update this website for quite some time. I have been unbelievably busy with practically no free time. March being the month of my birth as well as my father's death and it is always a difficult and sad time for me. I did not celebrate my birthday in 2002 and do not foresee myself ever celebrating it again. Michael and I appeared briefly in the Cape High Court on the 6th March but the case was postponed until the 9th May. Up until 20th March I did not have legal representatives, this resulted in endless hours of reading and studying. In so doing I have come across many websites and links, some of them have been added to the "Important Links" webpage. One of these is the "Project 86" link. Project 86 was a 1998 SA Law Commission report on Euthanasia and the Artificial Preservation Of Life. Though the proposed Bill was never passed by Parliament making euthanasia thus illegal in South Africa, It would appear that certain medical practitioners are not aware of this. It's a very interesting document. It is a 500KB odd PDF file. I will therefore not store the file on this website as space is costly. I will provide the link to the file and anyone who would like to read it can also email me at barbara.volkwyn@gmail.com and I will email it to you - alternatively you can download it off the internet. One of the most thought provoking links must be Pamela Hennessy's "The Day We Hit Rock Bottom". It is difficult to determine whether in my view that day was 20/03/2002 or 23/03/2002, the day on which my father died. I On a rather sad note, a respected and dear colleague passed away in December last year and during the funeral service his eldest daughter dedicated a Westlife song to him, namely "You raise me up". I wept then and still do when I hear it being played - only now for different reasons. My father was a man of few words but a man of great strength , courage and compassion who never backed down when fighting for something or someone he believed in. He was also a man who led by example. When I listen to the song I cannot help but think of him and I break down each time I hear the lyrics "You raised me up to more than I can be" being sung. A link to the video and the lyrics is also available on the "Important Links" webpage.

    **Latest Developments as at Friday 24th February 2006.

    The misconceptions prevail. If you read the 'struggle for justice' page on this website you would have understood why this website was launched in 2004. I will however at the end of this section add the reasons again. For the very last time on this website I will state that MY FATHER WAS NOT ON A LIFE SUPPORT MACHINE OR A VENTILATOR AND WAS NOT BRAIN DEAD - THIS IS A BLATANT LIE.

    Our day in court on the 15th February went well. The proceedings have been postponed until the 6th March. I'd also like to thank the acting Provincial Police Commissioner and his team for their magnificent work over the past few weeks. Here follows an extract from the 'struggle for justice' page, surrounded by *****.

    ***** To those of you who tried to silence us by various means, including threats of legal action and severe warnings, attempts to gain entry to one of our homes for unknown reasons, you failed dismally in your efforts. As my brother Roy and I have said on numerous occasions, we will never be silenced as long as we walk this earth and the only way to silence us, is to kill us. Our viewpoint has not changed. In one of my letters to the Director of Public Prosecutions as well as to the National Director of Public Prosecutions, I stated that we had explored various avenues and my patience was running out and that unless a resolution was found quickly I would have no choice but to expose this web of lies, deceit, betrayal, cover-ups and disgraceful conduct of the SAP to name but one of the government departments. This time has come. I hope that this exercise will also pave the way for anyone attempting to embark on a struggle similar to this one. Until I have succeeded, please know your rights, believe me unlike the lies I was told, you DO have rights in a situation like this one. Please refer to the HPCSA Guidelines in the link "List of Documents". *****

    **Latest Developments as at Friday 10th February 2006.

    Over the past two days my brothers, Michael Volkwyn, Roy Volkwyn and myself have been served with notices that an application is being brought before the High Court in Cape Town on Wednesday 15th February 2006. As with all court matters, once a process has been set in motion, these documents are open for public scrutiny at the court. In this instance it is Case number 1187/2006 at the Cape High Court. We are relieved that finally after a four year struggle these matters are going to be heard in a court of law. We indicated in 2003 at a round-table meeting with the District Police Commissioner that we wanted an inquest to be held swiftly. We were then advised to request an open inquest by members of the SAP. The Director of Public Prosecutions denied this request last year - no reasons were given. So, after a relentless four year struggle for justice, we finally have an opportunity to make ourselves heard in a court of law. This has been our aim since 2002 and in so doing I am upholding a promise I made to my father two days before he died. On the 21/12/2005 I received a fax which was a letter from an attorney stating that a Prosecutor had told him that a police docket had been referred back to the Commercial Fraud Unit by a Prosecutor at the Wynberg Magistrates Court. I received an email a few days ago from the Provincial Commissioner's office stating that as far as they are concerned the docket has been with the Prosecutor since August 2005 and still with the Prosecutor and was never returned to the Commercial Fraud Unit !!! This has been the pattern of events since 2002 which is the very reason why this website was launched in 2004. I am not satisfied by the fact that the National Police Commissioner's office as well as the Senior State Prosecute are aware of the situation - I need to know what they intend doing about it. As I have stated many times over the past four years, WE WILL NOT BE SILENCED.

    **Latest Developments as at Tuesday 31st January 2006.

    It is full steam ahead now to get the dockets to Court - exactly which Courts I am not prepared to divulge at this point. Yet again an outstanding Fraud docket has been referred back to the Commercial Fraud Branch by a prosecutor. This particular docket was opened in 2004. I am hoping that the National Police Commissioner, Mr Selebi, will investigate this level of incompetence yet again by the same detective who investigated this docket previously. I also visited the Master of the High Court on 10/01/2006 for a brief period which was quite frankly an utter waste of time. A note to the Master and Assistant Masters of the High Court and anyone for that matter who is unfamiliar with the Act - Please allow me to draw your attention to the Administration of Estates Act 66 of 1965 - see the "List of documents" link and note the offences and penalties.

    I wish to thank all the people who have sent words of encouragement to my gmail email address listed below - I appreciate it very much. I'd also like to apologies for what looked like poor programming abilities on this website, I am in the process of trying to resolve these problems. I will also soon be scanning all the relevant documents from various Government Departments and publishing them on this website. Again, feel free to contact me via email at barbara.volkwyn@gmail.com

    **Latest Developments as at Wednesday 21st December 2005.

    Sometime around September someone removed or destroyed this website and it took a couple of months to get it re-registered and up and running again. There is little doubt in my mind who was responsible for this but I am making damn sure that it does not happen again. Needless to say Michael's case was struck off the court roll on 28th July and just days later a letter dated 4th August addressed to Ms M Volkwyn was posted to home by the Director of Public Prosecutions stating in a single sentence and I quote "I decline to prosecute" unquote. No reasons were given - could it have been a case of insufficient evidence due to "missing/removed" documents? This decision which took over a year to make came even though the National Commissioner of Police, Jackie Selebi, indicated that the matters be brought before a court of law. The Director of Public Prosecutions was referring to the murder docket relating to my late father's death and one of the fraud dockets opened by me relating to his estate. Sometime after that I received a letter from the Public Protector to say that they were not going to investigate the cases I lodged with them. I then contacted the offices of the President, Mr Mbeki. Days later, Advocate Pienaar of the Public Protector's offices called me to say that he was going to look into the matters I presented to his office. The Public Protector reports to the President for those of you who are unaware of this. I received a letter from the Public Protector dated 19th October to say that they were waiting on the Director of Public Prosecutions to respond. I received a final letter from the Public Protector on 23rd November, which stated because my father had died of 'natural causes' and because there was no post mortem, there would be no inquest. Really? Please read the "List of documents page" and read the Guidelines for Withholding and Withdrawing of Treatment, which was emailed to me by the Health Professions Council of South Africa. Gentlemen, you are pathetic! Just a couple of months ago a man was convicted of murder and received a life sentence even though the body was not found, so please spare me the speech about a post mortem not having been done. The death certificate stated that the cause of death was pneumonia. Ask why and the answer will be NO TREATMENT was administered for the pneumonia! Have you all been thrown off track by the medical jargon in one of the affidavits? Read the guidelines - they were NOT followed. A constitution that appears so great on paper will soon be put to the test in the Constitutional Court. My father was robbed of the fundamental right to life! As for the estate matters I was once again referred back to the Master of The Public Protector then referred me to Master of the High Court to pursue the outstanding matters. There is still a fraud docket, which was opened by Roy Volkwyn outstanding. This particular docket is still at Wynberg court but I have been informed that the prosecutors are unsure whether they should prosecute - this according to one of the attorneys at Heunis and Heunis. It has been brought to my attention at time of compiling this page that the prosecutor has referred the fraud docket back to the Commercial Fraud Unit..to think that these people actually get paid for not doing their work!

     

    In closing, I'd like to you all to know that my struggle for justice is by no means over - not by a long shot. Those responsible for my father's death will be brought to book; of that I can assure you.

    **Latest Developments as at Thursday, 14th July 2005.

    Opening Paragraph.

    Remarks have been made some time ago about how ‘horrible’ much of the content is on this website. Another remark was that it’s almost sad that the website which has the banner of “In Memory of” on its index page, later unravels gory details of my late father’s death and subsequent events which include acts of Fraud. The purpose of this website was, and still is, to expose fact that my father was murdered or euthanaised (illegal in this country) in 2002 in the most horrific manner imaginable and to show how my brothers and I, in our struggle for justice are being bullshitted by practically every government department contacted thus far in repeated attempts to cover up his death and subsequent Fraudulent acts committed after his death. Following the much publicized euthanasia of Terri Schiavo, I was frequently asked why my late father had died so quickly unlike Terri who died on the 13th day after her feeding tube had been removed. My late father had pneumonia which was not treated. He was visibly struggling to breathe on the day prior to his death. As one of the attending doctors said to me two days before he died “Without food and water and no treatment for the pneumonia, his body is taking a hell of a knock”. Kindly refer to “His last three days” for a more detailed account of his death.

    Feedback from the Cape Law Society.

    As I have stated previously a couple of people have gone to great lengths to discredit the image of my brothers and I and this particular matter refers to an attorney's actions in December 2004. Kindly refer to developments dated 10th December 2004 on this webpage. In letters dated 15th April 2005 and 26th April 2005 I was advised by the Cape Law Society that the matter would be brought before the Disciplinary Committee at their next sitting. In a letter dated 24th May 2005 they advised me of their decision. In a nutshell the attorney concerned was warned by Council to be more circumspect in future.

    Feedback from the South African Police (SAP).

    On the 22nd February this year a representative from the National Commissioner’s offices in Pretoria, Snr Supr Naude, came to Cape Town and held a three-hour meeting with six representatives of the SAP investigators/representatives and myself in Cape Town and towards the end of the meeting my brother joined us as well. As I had anticipated, the bold faced liars actually came out and lied yet again and over and over again. I did however record the whole meeting using a digital voice recorder. We were promised written feedback from the National Police Commissioner’s Offices within two weeks of that meeting. Despite unanswered emails from me requesting feedback many weeks after that meeting, we received no feedback whatsoever. When Snr Supr Naude requested written reports from Cape Town’s investigators prior to his visit here on the 22nd February, he too received nothing. What this means to me is that the police are accountable to no one, not even to the National Commissioner of Police – and that is utterly disgraceful. Having said that, I have to mention also that the Will which was lifted from the offices of the Master of the High Court by a member of the Fraud Unit for the purposes of being analyzed by Police Forensics 10 (TEN) months ago has still not been returned. The Estate handler at the Master’s offices has requested in writing more than once that they provide her with feedback regarding the whereabouts of the purported Will and true to form, they too have chosen to ignore her. For those of you are unaware of the procedure regarding the lifting of a Will from the vaults of the Master’s Offices; a request must be made in writing by the SAP. They then have to sign for receipt of it on collection. Should the need arise to hold it for longer than three months, a request must be made in writing to the Master’s Offices. Well they NEVER requested an extension and secondly at the meeting held on the 22nd February the investigator from the Fraud Unit had the audacity to tell me that he had been informed that the Will which was sent to Forensics, was given to them by my brother. What total Bullshit!

    Feedback from the Director of Public Prosecutions.

    Nil.

    Feedback from the Health Professions Council of South Africa (HPCSA).

    Nil. This professional body so kindly forwarded me the booklet containing the guidelines for the Withholding and Withdrawing of Treatment (which I will make available on this website) and after telling me that a formal enquiry will be initiated some months ago – they too, like everyone else contacted to date, have fallen silent. Nil responses to emails or telephone messages left. What happened to you Mr Shoba?

    The Current State Of Affairs

    In yet another attempt to silence us, as far as I am concerned (us being my brothers and I), a summons was delivered to one of my brothers a few months ago summoning him back to court (this matter had been provisionally withdrawn some four years ago). This action was initiated by either the Director of Public Prosecutions (DPP) or the National Prosecuting Authority (NPA), as only they have the authority to do that. What has incurred my wrath was the statement made by the SAP representative who delivered the summons. He said something along the lines of “Ask/tell your brother who is a lawyer to defend you”. Both my brothers are engineers and this fact is well known so that statement was nothing but blatant sarcasm. Roy’s very formal and accurate quotations from Bills, Acts and Laws, in his correspondence to numerous people are the results of studies and research he has conducted over the past few years in his spare time.

    The Struggle for Justice continues...

    These matters have now been escalated to the Public Protector as well as to the Minister of Justice. The Minister of Safety and Security will be contacted shortly and if all else fails, Mr Mbeki. I can only hope that by the President standing firm on the issue of corruption and taking swift action against it, that those of you who have fallen prey to this phenomenon would have learnt a lesson or two.

    The ongoing emotional turmoil...

    Thanks to the continual, admirable and desperate efforts made by Terri Schiavo’s parents and their supporters worldwide to save Terri's life, the world was made aware of this barbaric manner of ending a life. And to make matters even worse, that sickening decision was made TWO days after my late father had been admitted to hospital based on the fact that he would not make a GOOD recovery. Three years on and the pain and anguish is still prevalent not only in my life but in the lives of my brothers and their families. A few months ago Roy told me how, while attending a conference and during a tea break, he saw someone butter scones in exactly the same way my father used to and his eyes filled up with tears. When I recall how my niece, Ellie, had placed her head on my dad’s pillow in the hospital and as she stroked his head the tears just rolled down her face for what seemed like forever, and whenever I think about the scones and the cotton buds (see His Last Three Days), tears still spontaneously roll down my cheeks to this day.

    **Latest Developments as at Tuesday, 25th January 2005.

    I am still eagerly waiting on a response from the Cape Law Society. They in turn are waiting for the attorney responsible for the letters posted to my brother and I in December 2004, to respond to the complaint. I spent a fair amount of time at the Master of the High Court's offices in December which proved to be both enlightening and sickening at the same time. The sickening part was discovering that people who claimed to have cared about my late father's pride and honour could have polluted his file with so much irrelevant, sordid and disgusting trash, much of which are downright lies. My late father must surely be turning in his grave, which is something my late mother would have said. It still continues to baffle me is how people who were at his bedside prior to his death can have the adicity to say that his "life-support system" was switched off. He was NOT on a life-support system at ANY stage. For those of you have doubts about this, please refer to "His last three days" on this website. Though I'd like to update this page with the latest on the SAP investigations, I feel that due to the fact that this would probably jeapodise the sensitive nature of the investigations I'd rather leave this for a later date.

    **Latest Developments as at Friday, 10th December 2004.

    Both Roy Volkwyn and Barbara Volkwyn have had warning letters sent to them via their superiors by a firm of attorneys. This particular action has been escalated to the Cape Law Society as well as to the President of the Law Society. Yet another scare tactic and desperate but futile attempt to discredit and silence us has failed. To anyone around the world who may be spending time reading the contents of this website, I say the following "What happened to my late father was dreadful, cruel and barbaric. I watched him die a slow and horrible death, feeling absolutely hopeless and helpless, a process I will never live down. Two days after he died I found out that I in fact could have gone to court to get a court order to have his food and water restored and medical treatment administered - I did not know that NOR was I told that by the medical team. I could in fact have saved his life. If anyone out there takes exception to any of the contents of this website, then tell someone who cares. In South Africa as the law stands today, it was unlawful whether you like it or not. If anyone feels that the shoe fits and you have decided to wear it, then deal with it. Our fight for justice will continue as before.

    **Latest Developments as at Thursday 9th December 2004.

    Petitions are still streaming in to put an abrupt end to this form of unlawful euthanasia which killed my late father. This list will eventually be hand delivered to the President of this country. We also wish to express our gratitude to everyone who has emailed us via this website offering their support and encouragement.

    **Latest Developments as at Wednesday, 1st December 2004.

    This website was launched on the 27th October 2004.

    On the 3rd November 2004 I notified the Director of Public Prosecutions in Cape Town (DPP), the National Director of Public Prosecutions in Pretoria (NDPP / NPA), the Independent Complaints Directorate (ICD) in Cape Town and Pretoria as well as the Master of the High Court in Cape Town that we had launched this website and that we were giving them ten (10) days in which to respond to our complaints and demands. We have been running with this to close on two and a half years.

    On the 10th November 2004, an investigator from the ICD called me to explain that the dockets were now in the hands of the DPP in Cape Town.

    Also on the 10th November I received an email from the attorney representing me along with a scanned fax from the Master of the High Court. The letter from the Assistant Master was quite frankly not worth the paper it was typed on.

    On the 12th November a spokesman for the National Director of Public Prosecutions, Advocate Malange, called me to say that the DPP in Cape Town were attending to the dockets. I complained that I had not heard from them recently. I received a brief letter from the DPP dated 30th July 2004 to say that both dockets are receiving attention. On the 26th August 2004 I received another letter - only because I had bitched that the previous letter did not have a date stamp on it and that I had not received in writing the fact that both of these matters had been returned to the SAP for further investigation (the Inquest / Murder docket had been returned to the SAP twice before by the prosecutor at the Inquest Court for the same reason). I also complained that Advocate Meyer of the DPP had assured me that the dockets would NOT be handled by the same investigators - this was not the case as far as the Inquest/Murder docket was concerned. I complained bitterly about the South African Police (SAP) service, in particular some of the SAP investigators in that again vitally important documents from these dockets are getting lost or destroyed. Advocate Malange informed me that problems with the SAP should be directed to the ICD. I explained that we'd done that and quite frankly it had been a waste of time, effort and money. I had on a number of occasions conveyed this to the ICD myself. Advocate Malange then suggested that we bring this matter to the attention of the Provincial Commissioner of Police. I explained that months ago I requested a meeting via fax with Mr Petros and I never heard from him. Advocate Malange then suggested we bring this to the attention of the National Commissioner of Police, Mr Selebi. I told him that the problem facing us is as follows :- The ICD are saying it's no longer their problem, it's the DPP's problem. The NDPP are saying it's not their problem either, it's a SAP problem. So if all of you are passing the buck what the hell do you expect us to do? If documents or crucial bits of information are getting 'lost', then how is the DPP going to arrive at fair decision or conclusion?

    More affidavits were sent to both the Commercial Fraud Unit since then, as well as to Woodstock Police Station. Both Roy and I were told that the investigators merely took them from the fax machine and straight to the prosecutor at the Inquest Court, Mrs Swart. I was told by Captain Lois at Woodstock Police Station that it is best for them (investigators) to hand everything to Mrs Swart who will then advise them what to do. Mrs Swart is a prosecutor, not a SAP investigator. What bullshit is this?

    Today 1st December 2004, I decided to call Mrs Swart at the Inquest Court. I asked her if she had any feedback regarding the investigation of the Inquest / Murder docket. She said she was only aware of the Fraud docket being returned by the DPP to the SAP for further investigation. She said that she has not received any other docket from the DPP. I asked her if she had received any affidavits in the past month from Woodstock Police Station and she said NO! She told me that only the Fraud docket was sent back to the SAP for further investigation and has a letter from the DPP stating exactly that! I have in my possession letters from the DPP stating that both dockets were referred back to the SAP for further investigation! Not only that, I have two detectives at Woodstock Police Station saying that affidavits were delivered to Mrs Swart in the past month.

    Again and yet again we have been lied to. Now I no longer care what we publish on this website. We had hoped that the lies and deceit would have come to an end, but we were wrong. We now hope that the National Commissioner of Police conducts a thorough investigation which will uncover the reasons for these blatant lies. Last week I read an email stating that they were awaiting a report from the Western Cape.

    My brothers and I are extremely angry now, far angrier than we were two years ago. I have lost respect for just about every government department I have dealt with so far. I cannot speak for my brothers and therefore I cannot elaborate on their feelings. Today I am filled with rage and disgust and I want to inform you again that we will carry on fighting for justice even if it means that we have to expose each and every one of you in our quest for justice.

    Abbreviations used. DPP - Director of Public Prosections NDPP - National Director of Public Prosecutions NPA - National Prosecution Authority ICD - Independent Complaints Directorate SAP - South African Police