However, it is clear from his explanation that the citation was not forwarded to the registrar’s office for the purpose of the clerks issuing an action number, hence the reference to hindsight. [57] From the rest of Mr Böttger’s letter it remains clear that he attempted to resolve the matter on the basis that the registrar’s objection is a mere technicality which could be resolved by the of the application number into an action ‘conversion’ number. This does not align well with the explanation offered in the founding affidavit that there was non-compliance with rule 17(3) because the registrar failed to sign the citation. [58] During argument counsel for the applicant suggested that, because of the alleged agreement between Mr Böttger and Mr Hohne, the fact that the citation was not signed was non-issue’ and therefore there was no reference to this fact in the ‘a letter. However, as I understand the founding affidavit, Mr Böttger only contacted Mr Hohne about the he discovered after he received the memorandum ‘oversights’ dated 14 July 2008 from the registrar. By then the letter had already been written. The letter was also not copied to Mr Hohne. [59] Since October 2007 the registrar also complained that there was with rule 4(5)(a) and (b). I agree with the applicant’s submission that sub-rule (5)(a) is irrelevant because the official language in the United States of America is English. However, in regard to the N$50 revenue stamp Mr Böttger states in his affidavit that he found that this stamp had inadvertently been placed on the power of attorney instead of on the edictal citation as required by sub-rule (5)(b). The problem with this explanation is that the particular power of attorney was only signed on 5 June 2008 and therefore could not have been on the file when the application for leave to sue was moved or when the citation was allegedly forwarded to the registrar for signing. [60] I have noted that this power of attorney states that it is given as I need to ‘insofar do so for formal requirements having already authorized most of the undermentioned in a Power of Attorney dated the 6th of September 2006’. The original power of attorney dated 6 September 2006 is not on the court file. Instead there is a
However, it is clear from his explanation that the citation was not forwarded to the registrar’s office for the purpose of the clerks issuing an action number, hence the reference to hindsight. [57] From the rest of Mr Böttger’s letter it remains clear that he attempted to resolve the matter on the basis that the registrar’s objection is a mere technicality which could be resolved by the ‘conversion’ of the application number into an action number. This does not align well with the explanation offered in the founding affidavit that there was non-compliance with rule 17(3) because the registrar failed to sign the citation. [58] During argument counsel for the applicant suggested that, because of the alleged agreement between Mr Böttger and Mr Hohne, the fact that the citation was not signed was ‘a non-issue’ and therefore there was no reference to this fact in the letter. However, as I understand the founding affidavit, Mr Böttger only contacted Mr Hohne about the ‘oversights’ he discovered after he received the memorandum dated 14 July 2008 from the registrar. By then the letter had already been written. The letter was also not copied to Mr Hohne. [59] Since October 2007 the registrar also complained that there was with rule 4(5)(a) and (b). I agree with the applicant’s submission that sub-rule (5)(a) is irrelevant because the official language in the United States of America is English. However, in regard to the N$50 revenue stamp Mr Böttger states in his affidavit that he found that this stamp had inadvertently been placed on the power of attorney instead of on the edictal citation as required by sub-rule (5)(b). The problem with this explanation is that the particular power of attorney was only signed on 5 June 2008 and therefore could not have been on the file when the application for leave to sue was moved or when the citation was allegedly forwarded to the registrar for signing. [60] I have noted that this power of attorney states that it is given ‘insofar as I need to do so for formal requirements having already authorized most of the undermentioned in a Power of Attorney dated the 6th of September 2006’. The original power of attorney dated 6 September 2006 is not on the court file. Instead there is a
Johnston%20v%20Johnston%20(A267-2006)%20%5B2013%5D%20NAHCMD%20346%20(20%20November%202013).docx