ABSOLUTION FROM THE INSTANCE: "I AM JOSE MOURINHO"

Okay back to the program. We hope you enjoyed the short read which was the previous writing. We now back to the norm but before we get to it, i need you to think about that famous Jose Mourinho meme where he is holding a book, doing a small walk in what looks like a study and he says "I am Jose Mourinho" (click this on this sentence to see the video am talking about- not a paid promotion) That meme inspired this writing. Now lately i have been reading and studying a fair number of times. During my studying i came across a legal tool called Application for Absolution From the Instance. I read about this tool and i immediately thought of the strategic implication of employing such a tool in the legal arena. And that's what we are doing here, we will touch on a defendant seeking an order of Absolution from the instance from the court as I believe it's a tool mostly appropriate for by the defendants. Like in all our writings, the first thing we have to look at is the What?. What is this Absolution from the Instance.

ABSOLUTION FROM THE INSTANCE: DEFENCE WINS CHAMPIONSHIP THEY SAID

As you would have noticed by now, most of my writings have headings and subheadings that have no meaning. To be honest, the litmus test I use to come up with the headings of my writings is "Does it sound cool in my head"- if it does, then we are good to go. Ofcourse if it does not, then back to the drawing board.

Anyway..

Don't read this heading and think, I am giving a brief explanation of what Absolution from the Instance is, hereinafter referred to as AFI, means. Okay back to the program

AFI as we will refer to it going forward, remember i said "hereinafter referred to as AFI" in the above paragraph. This technically gives me the license to be lazy going forward in my writing. For a profession that requires alot of reading and writing, legal practitioners do sure find ways to double-up- if you know you know.

Lets be serious..

AFI refers to a mechanism within the civil action litigation landscape wherein a party, writes up an application and requests for the court to dismiss the other parties claim because it makes no sense. [Quick Side bar- During a car ride with my family, mother, brother and my nephews, one of my nephews asked what does simba mean? His grandman, my mother proceeds to explain that simba means lion in swahili and that is why the simba chip brand contains a lion as their brand logo. His dad, my brother, in order to make sure that every meaning is covered, further explains the word simba is also a swear word, so watch how you use that shit (no pun intended)-- like the marvel avengers movies, I am allowed maximum two swear words in my writing].

The reason why I cited that story is because I need the readers to understand that AFI is summoned usually when one believes that the other party presented "simba of evidence"- simba in this context is not the one that means lion in swahili. Basically summonded where one believes that there is no court in the infinite universe that could rule in favour of a party who presented "simba of evidence".

AFI is a mechanism mostly employed by the defendant at the close of the plaintiffs case. So the plaintiff presents dodo evidence, insufficient airtime evidence, evidence that makes zero sense in relation to their claim, then defendant, if they are within, will ask the court for an Absolution from the instance.

REQUIEM OF A DREAM // REQUIREMENTS TO MEET TO GET YOUR AFI:

For a court to grant an AFI, the test it looks at is whether the plaintiff has failed to adduce sufficient evidence to meet a prima facie case. Basically, the question becomes, has the plaintiff adduced sufficient evidence that a reasonable court would find in their favour. In the event that the court finds that, indeed, the plaintiff has failed to adduce such evidence, then the court will most likely grant an Absolution and dismiss the action, but not make a ruling regarding who is "right". In assessing whether the evidence is sufficient to establish a prima facie case, the court considers the following:

1. Is the evidence, flimsy evidence: is the evidence weak, lacking persuasive value, no substance not meat. If yes, then its regarded as flimsy then has to be gotten out of there

2. Inferences and Possibilities: The court will refuse an AFI, wherein there are possibilities that the plaintiffs version of events, on a balance of probabilities, is likely true. If there is no way in hell that the story being spun is true, and there is no chance that things happened the way the plaintiff presented them to have happened, then AFI is likely to be granted.

In the event that the above is present, then the court to grant Absolution, dismiss the action and basically tell the plaintiff to go back and rethink their action. In rethinking if the plaintiff still feels they want to come, they may institute the action again from the start, drop a serious bag on legal fees and try again.

It is important we mention that, the general stance in regard to plaintiff's evidence is that the court will accept it as true, unless it is obviously nonsense or unless it has been clearly discredited in cross-examination. If the defense attorney feels they have formally proven cap on the plaintiffs tellings of events, an absolution from the instance is the next best thing. With that being said, it is essential that when garbage is being spewed, make sure its not obvious that any person with two ears and a brain would clearly tell that it is not true. Note, lying in a court of law is prohibited, its an offense. Dont do it. So please dont take this as me encouraging lying or saying that one can lie as long as they dress the lie in pretty jargons. No dont do it. If there is no case, there is no case. Dont sue people for the sake of suing people. If you have money like that, give it to charity instead.

The Strategic Importance of an Absolution from the instance judgment:

First, please note that although an AFI is a judgment, it is a judgment wherein a res judicata is not noted. Meaning, the court does not make a ruling on who is right, who is wrong. It simply cancels the battle and basically tells the plaintiff to try again and bring some heat next time.

The strategic significance of getting an AFI is the following:

• It saves on time and cost: The defendant would not need to expand the time and cost it takes to prepare for trial, call witness, present evidence. Once granted, everybody goes home. Pockets are saved from leaking.

• Keeps the Defendant mysterious: Now since a judgment of absolution is not a ruling per se, it means that the plaintiff can still institute the action again on the same facts, against the same defendant but with new additional evidence. Since the defendant never needed to present their version of events, adduce evidence, call witness, the plaintiff is not aware of what the defendant has under their sleeves. This is advantageous to the defendant because they have a clearer idea of what and how the plaintiff will present their evidence while the plaintiff has no idea how the defendant is coming at trial.

CONCLUSION:

"I AM JOSE MOURINHO"- The application is a high-stakes, defensive maneuver employed when the defendant believes the plaintiff has fundamentally failed to establish a prima facie case. If you got em, then go get them.

This does not constitute as legal advise nor legal authority on your matter or any criminal law matter This is essentially my opinions based on how i interprete the world I engage with. Please do further research, consult your attorney if you are that much interested. Not during a braai. Arrange a consultation