Newsflash

Released - 19 June 2018

Dear members

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.
The main topics discussed were:-

  • The status of the exercise to get a court hearing (the latest situation is discussed under point 2 below);
  • Land expropriation without compensation (additional thoughts and reading suggestions are offered under point 3 below); and
  • The financial situation (now updated under point 4 below).

Amanzingwe Bush Lodge, once again, treated us superbly and the special meal was excellent.
Our thanks to Amanzingwe, to Dennon Speed and to the attentive staff for an enjoyable night out and a real bargain dinner.

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:-

  • Requesting ‘condonation’ (to be forgiven) for their late filing;
  • Advising that they would oppose the motion; and
  • Accusing LCAG of an “intimidation stunt”.

After some discussion LCAG decided to:-

  • Grant ‘condonation’ (forgiveness) for late filing on the condition that the Claimants answering affidavit was filed by 16h00 on Monday 30 April 2018; and
  • Withdraw the matter from unopposed motion roll.

(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:-
1) The Claimants answering affidavit:-

  • Places considerable blame, for the non-submission of the expert witness report, on the Land Claims Commissioner and the State Attorney, citing specific issues of non-performance following the pre-trial conference of 13 October 2017;
  • Is signed by a person who does not, apparently, actually have the requisite authority to do so.  
  • States that the expert witness report will be filed by 30 June 2018.

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.

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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.

Leon Scholtz

 

Chairman,                                                                             

 

26778 Land Claim Action Group.                                         

Brian Reilly

June, 2018

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.

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