Released - 24 April 2019
1. Wonderful News
During the pre-trial conference on 11 April (the day following the Special General Meeting) the parties agreed that the trial date should be set for the last two weeks of March 2020.
This is a truly important milestone. It will lead us to the ultimate goal which, of course, is to win the case.
So, eleven months until the trial. Eleven months in which to collect another 90 (approximately) POA’s and eleven months in which to raise (approximately) nine hundred thousand Rand. Much to do; for all of us.
2. Special General Meeting (SGM), Wednesday 10 April 2019.
The SGM was, once again, well attended. The business of the meeting included presentations covering:-
After considerable discussion, the motion to call for an additional subscription of R2500, was approved unanimously. Invoices and statements will be despatched shortly.
Once again we should like to thank Amanzingwe for hosting the meetings of LCAG. The buffet following the meeting, at the modest price of R80 ahead, was excellent.
3. Status of the exercise to get a court hearing.
You will recall that, at the last pre-trial conference on 12th October 2017, Judge Meer directed that the State Attorney should convene a further pre-trial conference before 15th December 2017. As a result of him failing to organize this pre-trial conference, LCAG took legal action and, on 25th March 2019, costs were awarded against him in his personal capacity. It should be noted that State Attorney will be held personally liable for these costs which, it is estimated, could well exceed R60 thousand!
In addition to winning the cost order the key objective, of spurring the State Attorney to organise a pre-trial conference, was accomplished. (This conference, organised at fairly short notice for 11 April, shows what the State Attorney can achieve when he is given sufficient prodding!!)
At the pre-trial conference on 11th April, it was agreed that the last two weeks of March 2020 should be set aside for the trial. Also discussed were:-
4. Power of Attorney (POA)
Once again it is important to note that you cannot be represented by LCAG if your POA is not available or is out-of-date.
Provided LCAG has your POA, LCAG WILL represent you, even if your subscription is in arrears.
The status of your POA is shown, top right, on your most recent account statement.
Please talk to your immediate neighbours and ensure that they are up-to-date with their POA’s.
5. Finances and additional funding.
Peet Grobbelaar has been asked for an update on estimated legal costs but, pending this update, it is estimated that there is a shortfall of some R900 thousand after taking account of the balances in the bank and the money market. Of this shortfall, it is hoped that some R100 thousand will be received from existing subscription debtors and that a further R375 thousand will come from the new subscription of R2500 per member. This will still leave a ‘hole’ to be filled of around R425 thousand.
The request that members make loans to LCAG has yielded some R35 thousand, and it is still hoped that further funds will flow from this source.
The ‘Crowdfunding’ exercise, mentioned in the last newsletter, has not progressed as well as had been hoped due, primarily, to a lack of any practical experience in such matters. If anybody has any experience of ‘Crowdfunding’, particularly in writing the motivation, they are asked to please contact the treasurer, Pedro Carvalho, on 082 337 0203 urgently.
During the SGM on 10th April, several members proposed that alternative fundraising exercises should be explored and introduced. The Committee would welcome any individual, or group, who would like to form a sub-committee that has the raising of funds by alternative methods as an objective.
Any volunteers should please contact the chairman, Leon Scholtz (083 463 3951) who will convene a meeting to set-up a framework.
The raising of the necessary funds is absolutely vital. Without sufficient funds, the committee will be forced to withdraw from the case, and this may open LCAG to cost orders from the Claimants, the Land Claim Commissioner and the State Attorney who might be particularly vengeful given the cost order that has just been secured against him (refer to 3 above).
We intend to provide regular updates on the financial situation to ensure that this critical matter is not neglected.
6. Expropriation and expropriation-without-Compensation
An article, written by Kyle Cowan and entitled “Land reform panel recommends sweeping changes to current compensation model in draft report”, appeared in News 24 on 19th April 2019. The following are summarised extracts from the article:-
The draft report (note) of the Advisory Panel on Land Reform and Agriculture has recommended:-
The full article by Kyle Cowan can be found at:-
As a footnote, it is worth recording that the panel (Advisory Panel on Land Reform and Agriculture) was initially given six months to complete its work and was due to have submitted its final report on March 31, 2019. It is still outstanding.
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.