Released - 19 June 2018
1. Special General Meeting (SGM).
Despite being less well advertised than is normal, the special general meeting held on 25 April was exceptionally well attended.
Amanzingwe Bush Lodge, once again, treated us superbly and the special meal was excellent.
2. Status of the exercise to get a court hearing.
You will recall from the March newsletter that the committee, following advice from the legal team, decided to apply to have the Claimants restitution claim “struck out”. The necessary pre-requisite, a notice of intent to seek an order, was issued to the relevant parties and the application itself (the founding affidavit) was issued on 29 March. Under the ‘rules’ the Claimants then had a set time (a ‘notice period’) until 16 April in which to advise whether they would contest the motion. In the event the ‘notice period’ expired without the Claimants offering any response and (on 17 April) LCAG applied to have the matter dealt with as an UNOPPOSED motion on 30 April. Also on 17 April the Claimants submitted a letter:-
After some discussion LCAG decided to:-
(It is worth noting that, when it is requested, the granting of ‘condonation’ appears to be the standard practice amongst the legal fraternity.)
Some further legal ‘jousting’ took place on 24 April and the Claimants answering affidavit was eventually filed on 3 May 2018. The LCAG response to the Claimants answering affidavit was filed on 24 May.
We are now awaiting a court date for the matter (application to have the Claimants restitution claim ‘struck out’) to be heard. Although there is a very slight chance that the claim might be ‘struck out’, the legal team is not hopeful of this and, realistically, they will be happy if some court dates are allocated.
The following points are of interest:-
2) The various affidavits referred to in the foregoing are not insignificant documents. For example, the LCAG founding affidavit (issued on 29 March) runs to 16 pages and the LCAG reply (24 May) to the Claimants answering affidavit is 25 pages (excluding the attachments). Very obviously considerable fact checking and verification work has to be undertaken in putting these documents together.
3. Expropriation of land without compensation.
What is becoming increasingly clear is that the entire matter is incredibly complex and mired in controversy. If sanity and common sense prevail then it is most unlikely that we shall be adversely impacted. However, if the corrupt politicians, with no interests other than their own bank accounts have their way, then there is no telling what could happen. The following three, relatively short and recent articles make excellent reading:-
4. Funds.LCAG funds in the bank and in the money market (interest bearing) amount to R807 thousand. Although outstanding subscription debtors amount to R978 thousand, the inflow from this source has slowed to a trickle (only R22 thousand in the last two months in total) and it is expected that the rate will slow even further over the coming months. Legal costs, without contingency, are estimated as R950 thousand, which means a potential shortfall of R143 thousand. The committee views this shortfall as the greatest single threat facing Land Claim Action Group – greater even than the combined threats of losing our land to the claimants and potentially through expropriation. Please talk to your neighbours and encourage them to pay outstanding subscriptions.
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.
The opinions expressed in this newsletter are my own and do not necessarily represent those of the Committee or of the appointed legal team.