BRIEF VAN STEEDSHERVORMERS SE PROKUREUR AAN KERK SE PROKUREURS EBEN GRIFFITHS & PARTNERS BY FAX: (012) 654 6086 CC: AWIE MOOLMAN ATTORNEYS BY FAX: 086 579 5303 ATTENTION: MR. AWIE MOOLMAN Dear Sirs, IN RE: VARIOUS NHKA MATTERS All the relevant NHKA matters refer. We confirm that we received judgment today under case number 53248/2013— C. Kern vs Hervormde Kerk Vereniging Broodboom and 6 others. The aforementioned application was launched in an attempt to interdict our clients from transferring property from a congregation (Zoutpansberg) to a voluntary association (Broodboom). This application was opposed. His Honorable Justice Kgomo delivered a lengthy judgment in which the application was struck from the roll with costs. This matter was set down for 3 September 2013, heard on 4 September 2013 and judgment delivered on 5 September 2013. We expect our costs to be in the region of R180,000.00. We deem it necessary to place certain aspects of the judgment on record. Although the matter was struck from the roll due to a lack of urgency the Honorable Judge also made orbiter remarks regarding the merits of the application. The Judge noted that the Applicant’s conduct was undesirable and ill-advised and that, even if the matter had to proceed on the merits, the Applicant would have had an uphill battle. The Judge noted the obvious factual disputes which are relevant to the other pending matters. We submit that this judgment supports the relief sought in the consolidation application. We strongly urge you to reconsider your clients’ stance on the pending litigation as much of the church’s money are being wasted by frivolous and unnecessary litigation. Despite the aforementioned cost order we are also in the process of drafting our bill of costs in regards to the Pietersburg Oos-matter where Welgelegen withdrew. We expect these costs to be in the region of R10,000.00. It is common cause that the Commission of the General Assembly is the driving force behind the litigation. Members of the Commission as well as members of the “Raad vir Regsadvies” were present at court, clearly demonstrating their support for Mr. Kern. We believe that there is a duty on the Commission to inform members of the church about the judgement of Kgomo J and to inform the members and different Congregations about the costs implications. We will provide you with a copy of the full judgement as soon as circumstances permit. Yours faithfully, Van der MERWE & ASSOCIATES Per : PIETER VAN DER MERWE
Posted on: Thu, 12 Sep 2013 06:28:25 +0000
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