Buks van der Schyff Attorney faces criminal charges for non-payment of child support, but denies identity to High Court Sheriff

Even Buks van der Schyff doesn’t know who he is…. According to him…

The plot doesn’t really thicken when it comes to this man. He is, as he has always been, an arrogant, rude, know-it-all who believes himself to be above the law. I have fired two attorneys in the past week in a last-ditch effort to try and enforce a 14 year old Court Order. Sadly, I am not in a position to pay their mortgage bonds with a one hour consultation, and if I were in a position to pay the fees they wanted, I would at least expect correct information to be dispensed, and that my instructions be followed in an efficient manner which is substantiated and based on legal fact, not something which I have to research to double check on – after all I am – and have – paid ridiculous amounts of money to people who have, simply put, not done the job – at all. Seems to me that a woman seeking child support which has been granted to her by the High Court is a sitting duck – an easy target – quick money – especially when it becomes common knowledge that the defendant-father has himself defeated the ends of justice for 16 years.

With the case law knowledge that I now have and armed an additional agreement pursuant to a High Court Warrant of Execution which I agreed to uplift in 2007, Mr Buks van Der Schyff owes me in terms of unpaid maintenance, legal fees, his portion of medical and educational expenses, and interest, probably in the region of about half a million ZAR – even with the South African Exchange rate, that would at least educate one of the girls properly – something which he is and has refused to contribute towards.

You see this is what we get, time and time again – this poor Mercedes has been sold, repossessed, smashed, lost, stolen for ever… but he was driving it yesterday…

The sheer audacity of the man to keep evading High Court orders and Magistrate Court orders when it comes to paying child support maintenance is outweighed ONLY by the inefficiency of the Pietermaritzburg Maintenance and Magistrate’s Courts.

A High Court warrant of execution was authorised by the Pietermaritzburg High Court under case number 3599/2001, for the recovery of a portion of the many, many, thousands he owes in unpaid child maintenance and expenses. Following what can reasonably be inferred as a “tip-off” that the sheriff was on his way on arrival at the premises, which is owned by van der Schyff and from where he not only resides, but conducts his business, van der Schyff initially denied he was who he is. He said he did not know the person the sheriff was seeking. When requested for ID he stated that he does not have one.

What was curious was that the premises were almost bare; save for a couple of armchairs in the lounge, a dilapidated table and a few chairs, the only rooms that showed any form of life were the bedroom, which still contained the TV, bedroom suite, etc, the garage, which contains his filing cabinets and work files, the budgies (poor things) and the kitchen, where the refrigerator, obviously one of the heavier items, was laden with food.

So the place is bare; the secretary’s desk is no longer there, the lounge suite, antiques have gone. (See pictures below) The furniture depicted in these photos, which he has sold, lost or traded (or never owned) so many times, was not there – yesterday. Today they are there.

Obstructing the course of justice is a criminal offence. By attempting to persuade the Sheriff that you are not who you are, or by lying about the belongings in the property, nothing new to van der Schyff, I might add, is a criminal offence, liable to punishment, on conviction, by South African law.

http://www.pmg.org.za/bills/030728superior.htm

Offences relating to execution

43. Any person who—
(a) obstructs a sheriff or deputy-sheriff in the execution of his or her duty;
(b) being aware that goods are under arrest, interdict or attachment by a Superior Court, makes away with or disposes of those goods in a manner not authorized by law, or knowingly permits those goods, if in his or her possession or under his or her control, to be made away with or disposed of in such a manner;
(c) being a judgment debtor and being required by a sheriff or deputy-sheriff to point out property to satisfy a warrant issued in execution of judgment against such person—
(i) falsely declares to that sheriff or deputy-sheriff that he or she possesses no property or insufficient property to satisfy the warrant; or
(ii) although knowing of such property neglects or refuses to point out such property or to deliver it to the sheriff or deputy-sheriff when requested to do so; or
(d) being a judgment debtor refuses or neglects to comply with any requirement of a sheriff or deputy-sheriff in regard to the delivery of documents in his or her possession or under his or her control relating to the title of the immovable property under execution,
shall be guilty of an offence and liable on conviction to a fine or in default of payment to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine.

Of course, we have to get past the stage of laying a criminal charge, and having same actually prosecuted in our courts; which are teeming with cases, one of which I came across recently, of something to the order of 15 screwdrivers; another was a pair of flip-flops. The crimes are endless. The sentences sometimes brutal. A judge is, after all, human. Which is a shame. When a hardened and seasoned criminal, or in van der Schyff’s case, a serial defaulter, continues to get away with his crime year after year after year, and feels that the only way to make it go away it to make more noise, and bring applications left, right and centre (it’s not only delay tactics – it confuses the hell out of anyone trying to deal with what should be a very cut and dried case) and in doing so makes an absolute mockery of the entire South Africa judiciary, of which he is a member.

Today he saw fit to write to the prosecutor of a case that I have withdrawn against him – simply because of the sheer drain emotionally, financially and on my limited time – in the Pietermaritzburg maintenance Court. I did so for a number of reasons, not least being that many of the attorneys I have come across in recent years have forgotten what it is like to actually care about their clients. I know of a couple who have inadvertently provided incorrect information – had they taken the initiative to double check, they would not have advised their client so wrongly. I mean, these are children’s wellbeing we are talking about.

I digress. In his letter to the prosecutor he states that he only managed to find out about who my attorney was when he Googled it at the end of May. Now why don’t you, dear reader, try and Google who my attorney was in May? I did – nothing comes up.

What the actual truth of the matter is that he failed to produce documentation required for the hearing – in February. He continued in his torrential abuse over email, despite my advising him to liaise with my attorney, and copying all parties on the response. Today he puts it in writing, I kid you not. He is an attorney of the South African Judiciary, member of the Cape Law Society, KwaZulu-Natal Law Society, and is bound by their rules, ethics and behaviour. Well the others are, apparently he is exempt.

A message to you, Buks van der Schyff, Attorney at Law… you might have successfully avoided supporting your children for 16 years because of a miserable and dysfunctional criminal justice system in this country, and because of a Constitution, while on page 3 says one thing, contradicts it on page 5; you may have avoided your legal obligations, moral obligations, and you may not even care; you may be breaching every moral and professional ethic an attorney in this country is supposed to have; you may sleep well at night; you may not let this interfere with your scuba diving or weekends away. You just may not care.

BUT one day these children will be adults. They will know – they do know – what you are. They see for themselves that your lavish lifestyle, R600000 Mercedes Benz, partying and drinking, is what is important in your life. They know that you will continue to evade and avoid, and deny, and fight, and insult, and refuse to acknowledge that you are who you are and you are what you are – a deadbeat who grasps at anything which may serve in an attempt to elicit sympathy for your ‘hard times”, and the horrendous torture you have suffered at my hands. (Cos I’m such a bad human. Let’s play my favorite game “Who’s the worst mother in the world” – that’s a joke by the way – I am a good mother, I am a great mother. I will fight for my children till my last breath). And then analyze why in all these years I have never taken you to court for an increase in child support; why I have let you get away for so many years with not paying, with making no effort, but why I have still encouraged contact with the children. Think about it. And then grab a happy pill and find someone else who might give you a grain of sympathy.

And when that day comes, do not cry down the telephone begging and pleading again. Because I will not care. But more importantly, they will not care!

3 Responses to “Buks van der Schyff Attorney faces criminal charges for non-payment of child support, but denies identity to High Court Sheriff”

  1. Reblogged this on The New South Africa ~ Rainbow Nation and commented:

    The plot doesn’t really thicken when it comes to this man. He is, as he has always been, an arrogant, rude, know-it-all who believes himself to be above the law. I have fired two attorneys in the past week in a last-ditch effort to try and enforce a 14 year old Court Order. Sadly, I am not in a position to pay their mortgage bonds with a one hour consultation, and if I were in a position to pay the fees they wanted, I would at least expect correct information to be dispensed, and that my instructions be followed in an efficient manner which is substantiated and based on legal fact, not something which I have to research to double check on – after all I am – and have – paid ridiculous amounts of money to people who have, simply put, not done the job – at all. Seems to me that a woman seeking child support which has been granted to her by the High Court is a sitting duck – an easy target – quick money – especially when it becomes common knowledge that the defendant-father has himself defeated the ends of justice for 16 years.

  2. […] About South Africa, SMM, Books, Publishing, Marathon Running, kids & education « Buks van der Schyff Attorney faces criminal charges for non-payment of child support, but denies ide… […]

  3. […] Shooting straight from the hip here.  I made the fatal mistake of reading some print articles immediately before going to bed last night, on Matsipa J’s erratic, confusing and mostly contradictory judgment, which I listened partially to yesterday whilst preparing even more papers for the Mercedes driving, flashy, partying, drinking,’criminal’ attorney, ex-husband who refuses to pay High Court Ordered child support, and who himself has abused and made a mockery of our very questionable justice system. […]

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