Pretoria - The Attorney’s Fidelity Fund is set on appealing this week’s urgent court order that it has to immediately pay ailing Springbok rugby player Joost van der Westhuizen the R385 665 which was in his former lawyer Robert Klinkenberg’s trust account.
But Joost’s lawyer, Ferdinand Hartzenberg, is equally set on his client getting the money which he dearly needs to buy medicine and to pay for his round-the-clock care.
As soon as the notice of intention to apply for leave to appeal reached Hartzenberg’s office on Friday, he notified the fund that if it did not by Tuesday officially note its intention to ask for leave to appeal with the court, he (Hartzenberg) would enforce the order.
“We have received instructions (from Joost) to convey to yourselves that due to the urgency and the life-or-death circumstances existing in this matter, we will proceed with the writ and the execution of it,” the letter read.
This meant that Hartzenberg would insist on the payment or else attach the assets of the fund and sell it on execution to get Joost’s money.
Hartzenberg, who accused the fund of delaying tactics, also stated in the letter that up to now, Joost trusted that the fund’s intentions were above board. “But from here on our client does not share that view anymore,” he said.
Jerome Losper, of the fund, said on Friday its board of control appreciated the circumstances pertaining to Joost, as well as the public sentiment in support of him.
“However, the Attorney’s Fidelity Fund’s board of control has a duty to ensure that the provisions of the Attorneys Act are applied consistently and without fear or favour of any particular person.”
The fund’s intended appeal is based on legal principles as it feels that Joost’s claim does not fall under the sections of the act which empowered the fund to make payments.
The board last week ordered that Joost invested his money with Klinkenberg, and that he thus had to claim his money from his lawyer’s estate.
Klinkenberg allegedly committed suicide in December last year. It is claimed that at the time of his death, there was a shortfall on his trust account of up to R200 million.
Joost claimed that Klinkenberg stole his money, as his estate is apparently insolvent. But the fund said Joost did not prove the money had been stolen.
Joost earlier said he did not invest the money with Klinkenberg, but the latter offered to keep his money in trust so that Joost could have quick access to it. He said it was not viable to invest the money as he was not sure how long he had to live. He needed the money now to pay bills.
Pretoria Weekend