Pretoria - Ailing Springbok rugby legend Joost van der Westhuizen desperately needs his money, which is in the trust account of his former lawyer Robert Klinkenberg, who allegedly committed suicide.
Van der Westhuizen will head to the Gauteng High Court, Pretoria, next Tuesday in a bid to recover the more than R350 000 he claims is owed to him.
The former Bok captain, who has life-threatening motor neurone disease, said in papers filed in court that he was dependent on the money to pay the bills and for medication.
“I have outlived the prognosis that was given to me by far. Unfortunately, I am reliant on the fund for my medicine and day-to-day maintenance. I cannot wait for the Fidelity Fund - watchdog of lawyers’ trust accounts - to decide whether to pay me or not.”
He also said it was a known fact that stressful situations had an adverse effect on a person suffering from motor neurone disease, which could have negative implications on his life.
According to Van der Westhuizen, he had from time to time paid money into the trust account of Klinkenberg to take care of his needs.
Klinkenberg was found dead last December in Magaliesberg. His body was found near his Porsche with one bullet wound. While it was suspected that he had committed suicide, the police were still investigating.
It was also not clear as to why he allegedly committed suicide, but speculation was rife that it may be due to shortfalls in his trust account, and that he may have stolen some money.
Klinkenberg handled Van der Westhuizen’s divorce proceedings a few years ago against his singer wife Amor Vittone. This was shortly after Van der Westhuizen was diagnosed with motor neurone disease at the age of 40.
Fidelity Fund took over the managing of his trust account.
Van der Westhuizen, reportedly only able to move his eyes now, said Klinkenberg offered to administer his money through his trust account. He accepted, as there was not much point in investing the money elsewhere as he did not know how long he was going to live.
“As I started receiving my disability payments, I paid it into the trust account of Klinkenberg Incorporated... He also made payments on my behalf when instructed to do so.”
Van der Westhuizen was one of Klinkenberg’s elite clients and his name was used in television ads to promote the firm. This was before its closure after Klinkenberg’s death.
Van der Westhuizen stated that he at first approached the Law Society of the Northern Provinces to get his money back, but it referred him to the Fidelity Fund.
But Jerome Losper, of Fidelity, said there was no indication whatsoever that Klinkenberg had stolen Van der Westhuizen’s money.
According to him, Van der Westhuizen is jumping the gun and he should wait until the money in the trust account is paid out to him in due course and not demand it by way of an urgent application.
He said the fund was for various reasons entitled to reject the claim and it would fight his application in court.
Losper said that if Van der Westhuizen wanted to lodge an urgent application, this should have been against the estate of Klinkenberg and not Fidelity.
Van der Westhuizen’s lawyer, Ferdinand Hartzenberg, said the former Blue Bulls skipper’s condition would determine whether he will attend court proceedings.
Pretoria News