Brakspear bemoans red tape

2013-12-30 00:00

A DURBAN businessman representing himself in the high court believes systemic bureaucracy is paralysing his case.

Durban North resident Ian Brakspear first approached the Durban high court in November to have declared “null and void” a court order used to liquidate his estate five years ago, claiming it is a fake.

At the centre of the dispute is the 85-hectare Klein Normandie farm in Franschhoek in the Western Cape, which he lost during the liquidation of the property, then sold to South African business mogul Johann Rupert for R25 million.

Brakspear accuses Leonard Katz, a director at South Africa’s largest law firm Edward Nathan Sonnenbergs (ENS) of faking the order for their client, Jersey island-based Nedgroup, part of the Nedbank Group Limited.

Brakspear has now appealed to the National Efficiency Enhancement Committee (NEEC) — which aims to make the courts more accessible — to overlook technical procedure irregularities in the case because he is representing himself.

Brakspear’s appeal to the NEEC on December 17 was due to his failed attempt to have his matter placed back on the roll as urgent on December 12.

It was dismissed in the Durban motion court on the grounds he had not filed all the required documents.

Hawks investigators are probing faked court orders in the Durban high court. The Witness has reported on affidavits by high court registry officials confirming that they did not sign documents used to liquidate Brakspear’s company in 2008. Katz said in an affidavit neither ENS nor its client could be held responsible for irregularities in court orders.

KZN Judge President Chiman Patel has said if Brakspear’s claims are found to be true, he would want a full investigation.

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