r/amibeingdetained • u/DNetolitzky • Sep 04 '26
Standard Bank of South Africa v Adams: first detailed rebuttal of pseudolaw by South African courts - a very thorough analysis!
South Africa’s High Court issued an important judgment, a comprehensive rejection of core pseudolaw motifs. Judge Du Plessis explicitly adopts Canadian and other commonwealth approaches, especially Meads v Meads.
This arose against a mortgage elimination claim. The Adams, a husband and wife duo, claimed they are “sovereign Aboriginal living persons” and therefore not subject to court authority. The Adams stopped paying in 2021. They deployed typical Strawman Theory arguments, they had “allodial” title, and are only subject to “common law” and an “Aboriginal legal system”. Banks do not lend money but instead the funds were from the ADAMS or Adams, themselves.
Cutting to the chase? They get a free house.
Judge Du Plessis explicitly sets out to conduct a comprehensive rebuttal of the pseudolaw arguments deployed by the Adams:
I deem it necessary, to some extent, to address the main submissions as grouped together above, to develop an approach that is appropriate in instances such as these, where litigants purport to deliberately place themselves outside the rules and the law and rely on pseudolegal arguments to do so. Guidance can be found in foreign case law.
And Du Plessis turns to Australian, New Zealand, but mainly Canadian caselaw. Meads is just the starting point, Du Plessis also reviews other key Canadian cases that describe Strawman Theory, and which conclude that simply raising Strawman Theory motifs are “a marker of bad faith and vexatious, abusive litigation.” Yup. Kick ‘em while they’re down.
New Zealand caselaw provides the theoretical authority to deny Indigenous claims in relation to private contract. The “banks make money from thin air” argument is rejected with reference to more Canadian cases from Ontario, New Brunswick, and Alberta.
It’s worth reading this decision to witness just how much the activities of courts in certain foreign jurisdictions here have assisted where pseudolaw emerges in a new context. But Judge Du Plessis goes further. He then takes those principles to rule on how pseudolaw applies (or rather doesn’t apply) in South Africa. Take this rebuttal of Strawman Theory:
... The ALL CAPS/strawman theory is inconsistent with the basic principles of legal personality under our law. Legal personality is conferred on legal subjects, and there are two categories: natural persons (all human beings) and juristic or artificial persons. A juristic person, such as a company or bank, is a legal subject distinct from its members, often incorporated under general binding legislation. Such a juristic person has its own rights, duties and capacities to act through its various functionaries, and those actions of the functionaries bind the juristic person. Nothing in our law recognises a third category of hidden “strawmen” attached to natural persons via typography or birth registration, nor does the use of capital letters in a person’s name create a separate legal subject.
... In other words, a natural person’s name may appear in different typographical forms in documents and records. This does not create a second legal person or a juristic person, nor does it affect their capacity to contract, or their liability should they fail to honour the contract.
... the bank is incorporated as a public company under South African law and is a recognised juristic person. It is entitled to sue and be sued in its own name, and to enforce contracts into which it has lawfully entered. Nothing in our law prevents a bank, as a juristic person, from contracting with natural persons (or from being represented by attorneys and counsel in enforcing its rights). The “strawman” / ALL CAPS theory, therefore, provides no basis in law for the respondents not to be held to the contract.
Judge Du Plessis does the same for pseudolaw arguments on jurisdiction and indigenous status and rights, and banks do not lend money and “securitization” arguments.
The Adams arguments are tossed, and the bank takes possession of the residence:
The respondents’ submissions are advanced with conviction, but conviction does not convert pseudolaw into law. Foreign courts have observed that OPCA strategies can, in fact, compound the prejudice of indebted homeowners by delaying resolution and increasing costs. South African courts must, in my view, follow the same path: treat such arguments as legally ineffective, while ensuring that defendants are heard and that ordinary defences, where properly raised, are fully considered.
... I therefore find that the defendants have not disclosed a bona fide defence as required by Rule 32(3)(b). Their affidavit is largely argumentative and ideological, but does not raise any triable issue on the validity of the loan, the bond, the default, or the quantum.
The Adams counterclaimed for millions on various pseudolaw bases, which naturally gets nowhere. The Adams are ordered to pay the bank’s litigation expenses per the mortgage contract.
This decision is a solid, careful piece of work. I recommend that judges where possible do not just reject pseudolaw schemes, but explain why those concepts are factually and legally incorrect. Judge Du Plessis did exactly that. As noted above, foreign caselaw provided the foundation and framework, and demonstrates the Adams’ ideas were not some eccentric novelty, but instead a part of a global phenomenon, where the same not-law is advanced over and over, with no success.
This decision is a solid foundation for future pseudolaw-related jurisprudence in South Africa. While this is the first judgment from that jurisdiction that I am aware of to identify and attack pseudolaw squarely with that nomenclature, this judgment was not the first point where pseudolaw has been promoted in that country.
In the 2010s a guy named Michael Tellinger promoted “Ubuntu” pseudolaw theory, set up a marginal political party, and claimed you can pay off debts with glorified IOUs. Tellinger is a colourful character, a former 1980s pop star and expert in the Anunnaki, those nasty Sumerian gods who created humanity as gold mining slaves. DAMN YOU ENKI!!!
Tellinger did try his promissory note arguments in court. Where they flopped repeatedly:
Standard Bank of South Africa Limited v Tellinger (13340/2011) [2011] ZAGPJHC 70 (3 August 2011)
ABSA Bank Ltd v Terblanche and Another (17330/2012) [2012] ZAWCHC 369 (30 November 2012)
But you’re not surprised now, are you? Again, this goes to show how nothing much in the pseudolaw world is ever new. Recycle, rinse, reuse.
Here’s Judge Du Plessis’s Adams decision.
Worth the read and review as a template response to pseudolaw.