Newsflash

Released - 25 November 2021

Dear members

1. Seventeenth Annual General Meeting (AGM), Wednesday, 8 December 2021.
Because of the Covid-19 situation your Committee have decided that the seventeenth AGM will, as last year, be held virtually using Zoom.

A ‘Notice of Meeting’ with agenda, and guidance on the use of ZOOM, will follow shortly. However, the current intention is that the meeting will take place at 18h30, with registration in the prior hour from 17h30.
Last year, before the meeting, there were concerns over the amount of data that a ZOOM AGM would consume. In the event it turned out to be modest; one virtual attendee recorded a consumption of around 150 megabytes – a considerable saving over the cost of the fuel that would have been used in travelling to a venue.
If there is any matter that you would like discussed at the virtual AGM, please contact a committee member. Please also forward your nominations for committee members. (Nomination forms are available on the website www.breoderstroomlandclaim.co.za)

If you think you will be unable to attend the virtual meeting PLEASE appoint a proxy. (Proxy forms are available on the website – under the menu item “DOWNLOAD DOCUMENTS”). The appointment of a proxy is important because, in order for the meeting to be valid, there must be a minimum attendance and proxies are deemed to count towards the attendance (quorum).  
In addition to the matters usually discussed at an AGM the committee will provide an update on the current status of the case and of the difficulties encountered during the year.

2. Court Action in Respect of the Cost Application against the State Attorney.
As has been previously reported the successful Court action, to hear the cost application against the State Attorney and Land Claim Commissioner, was held on 20 April 2021.

The order has now been ‘taxed’ (precisely defined and evaluated) and is valued at R188 084.30 but the money has not yet been received. (It is possible that taxing fees will reduce this amount by as much as R20 000.)

The legal team is already anticipating further action (perhaps a writ of execution against the Regional Land Claim Commissioner) may be necessary in order to recover the amount from the other party.

3. Extension of Scope of the Claim (to include Schurveberg 488JP; Elandsdrift 252JR; De Rust 478JP; and part of Hartbeespoort 482JP).
The State Attorney has now responded to the letter (of 19 November 2020) from our legal team that objected to any extension in the scope of the claim. Needless to say the State Attorney and our legal team do not see eye-to-eye on the matter and our legal team are formulating a response.

4. Financial matters.
The annual financial statements for the year ending 31 August 2021 have now been finalized and will be discussed during the forthcoming AGM.
Key figures:-

 

Rand (thousand)

Subscriptions received from members

56

Investment income

42

Total cash inflows

98

 

 

Legal fees

217

All other expenses in total (Audit, bank charges, book-keeping, internet,
software license, phone, advertising etc)

 

19

Total cash outflows

236

 

 

As can be seen from the above, cash outflows have exceeded cash inflows by R138 thousand (R236k – R98K). The result is that the ‘war chest’, to fight the case when it gets to court, has declined by a similar amount.  Your Committee propose that the ‘war chest’ should be ‘topped-up’ by calling for a subscription of R300 per subdivision.

It is worth recording that the last subscription call was in April 2019, which is well over two and a half years ago. With regard to subscriptions the LCAG constitution (clause 10.2.2) states “the amount required shall not be less than five hundred Rands per property per annum”. The Committee will, as in the past, allow a reasonable time for payments to be made.

5. Access to graves on farms
Some members have graves on their properties and, in the past, have experienced difficulties with relatives and acquaintances of the deceased making unreasonable demands. The regulations that govern graves on farms were discussed in the following very useful article that was published in AGRIORBIT, in February this year.
https://www.agriorbit.com/access-to-graves-on-farms-putting-the-issue-to-rest/

 

__________________o0o_________________

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. Bly veilig en gesond. Stay safe.


Leon Scholtz

 

Chairman,                                                                             

 

26778 Land Claim Action Group.                                            

        Brian Reilly

November, 2021

        Scribe

                                                                                                                   
Our bank account details
26778 Land Claim Committee; Standard Bank; Van Der Walt Street PTA.
Clearing Code 010145; Cheque account 410776882.
Please email the deposit slip to accounts@broederstroomlandclaim.co.za.  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: