Newsflash

Released - 30 November 2017

Dear members
1. Another rumour?

During the past 13 years there have been many rumours concerning the claim on our land. Attempts are made to verify the more plausible of them, and your attention is drawn to those that appear to threaten our cause.

Recently a new rumour, concerning the actions of the Claimants to reduce the number of properties that LCAG represents, has been circulating. In essence the rumour suggests the Claimants will seek the intervention of the Court to ‘prune’ our membership and/or property inventory by checking that:-

1.1 A membership form exists for each member;
1.2 There is a power of attorney (POA) for each property; and
1.3 The subscription for each property is in ‘good order’ (paid up-to-date OR is being paid in accordance with a schedule agreed by the committee OR that the committee has approved relief in terms of clause 10.6 of the LCAG constitution).

As has been mentioned previously (eg in paragraph 3, subject matter 1, newsflash of April 2014) it is a requirement that a list of title deeds, that LCAG represents, is lodged prior to each pre-trial conference. Thus for the Claimants (or the Court) to perform an ‘audit’ check on our membership (as per the rumour) would be very easy since a list already has to be submitted.

The impact of the rumour could be dramatic. It could significantly reduce the number of properties being defended by LCAG, and would increase the number of undefended properties available for restoration to the Claimants. (Remember – failure by an owner to defend the claim on his/her property is effectively an admission that the claim is valid!) It would also effectively eliminate the need for any further discussion around whether members should have their membership terminated by LCAG for non-payment of subscriptions – simply because the matter would be taken completely out of our hands.  

Suffice to say that the committee is aware of the rumour and notes that it has, already, taken most of the necessary steps to counter the threat as follows:-

  • At the Special General Meeting in March 2017, and in the April newsflash, members were requested to complete and return ‘Member Information’ forms;
  • At the November 2017 Annual General Meeting and in the November newsflash members were requested to complete and return ‘Power of Attorney’ (POA) forms; and
  • Appeals for the payment of outstanding subscriptions have been too frequent to mention!

Member information forms and POA forms are attached at the end of this newsflash. They are also on the web site www.broederstroomlandclaim.co.za (no password is required).
If you have not recently completed and submitted these forms, PLEASE DO SO NOW.

With regard to the outstanding subscriptions the committee is gearing-up to produce the necessary list of those members:-

  • Whose accounts are being paid in installments and in accordance with a schedule agreed by the committee; and
  • Who applied for (and were granted) relief in terms of clause 10.6 of the constitution, which makes provision for members “not able to meet the required rate of subscription”. (See the October 2014 or the April 2017 newsflash for more details.)

(A list of members whose accounts are paid up-to-date is regularly available.)

In addition to the above information being required by the Court it will probably also be required by the legal team, who will want to avoid making incorrect statements when they describe the size of the LCAG membership.

Obviously until the information is requested by the Court it will be kept confidential in accordance with “POPI” (Protection of Personal Information Act. No. 4 of 2013).

2. Status of the exercise to get a court hearing

The absolute incompetence of Government defies belief. The minutes of the pre-trial conference (12 October 2017), taken by the Court official:-

  •  Recorded the date, by which the claimants must present their expert witness report, as 31 October 2018 instead of 31 January 2018.
  • Failed to record that Judge Meer had instructed that suitable trial dates should be agreed at the next pre-trial conference.

And the State Attorney, tasked with convening the next pre-trial conference for a date BEFORE 15 December 2017, had, as of 13 November failed to arrange a meeting. More precisely the State Attorney had not even attempted to arrange a meeting!!
Peet Grobbelaar has been in action – writing letters to both the Court and the State Attorney – in order to make the necessary corrections and to get action. However it is looking increasingly unlikely that another pre-trial conference will be held prior to 15 December – as Judge Meer instructed. Gone, it seems, are the days when the words of a Judge had real power!

It is worth reflecting that we are paying for this incompetence twice over. Firstly in the form of taxes, that pay for the Courts and the State Attorney. Secondly in direct charges, from our legal team, who are attempting to rectify the mistakes that Government officials have made!  

3. Unidentifiable deposits held in suspense (Total of R15 000.)

Some deposits have been made, direct to the LCAG bank account, which contain no reference number, name or other identifier. They are being held in a suspense account.
Check your latest statement. If the balance owing by you is more than you expect then check that all the payments you have made to LCAG are reflected on the statement. If a payment, you believe you have made, is missing from your statement contact the treasurer, Pedro Carvalho, on 082 337 0203. No chancers please – naturally you will be asked to provide proof of any payments you lay claim to.

It would be a sad indeed if the Claimants had a property excluded from representation by LCAG, for non-payment of subs, and the amount was sitting in the suspense account!!
Please ensure that all payments to LCAG have some unique reference – preferably your membership number. ‘Name’ is not a satisfactory reference – we have instances where two members have exactly the same name and initials!

__________________o0o_________________

Download: Member Information form (PDF)
Download: Power of Attorney Form (PDF)

The above matters are updates to the recent previous newsflashes and, for clarity, should be read in conjunction with them.
As a formality I should like to record that the opinions stated above are my own and are made without prejudice to any legal or any other position that may exist insofar as the Broederstroom Land Claim is concerned.

Groete. Best wishes for the festive season and a peaceful and prosperous new year.

Leon Scholtz

 

Chairman,                                                                             

 

26778 Land Claim Action Group.                                         

Brian Reilly

December, 2017

Scribe

                                                                                                                             

Our bank account details
26778 Land Claim Committee; Standard Bank; Van Der Walt Street PTA.
Clearing Code 010145; Cheque account 410776882.

Please fax deposit slip to 086 656 3016.  Please use your membership number as a reference.

The opinions expressed in this newsletter are my own and do not necessarily represent those of the Committee or of the appointed legal team.

DISCLAIMER Page last updated: