Court ensures Joost will get his money
AILING for mer Springbok Joost van der Westhuizen will probably die sooner if he does not immediately receive the R385 665 he placed in his then-attorney’s trust fund, his counsel has told a judge.
The judge agreed yesterday, dismissing the Attorneys Fidelity Fund’s application for leave to appeal against an order that it pay Van der Westhuizen this sum.
“I have found in the main judgment that he needs the money to stay alive,” North Gauteng High Court Acting Judge Lester Adams said.
He ordered that if the fund took the matter further, this would not have the effect of suspending his earlier order that the money be paid immediately.
Van der Westhuizen had placed the money in the trust account of attor ney Robert Klinkenberg, who had acted for him in his divorce from singer Amor Vittone.
Van der Westhuizen said he and Klinkenberg had agreed the money he received from time to time would be paid into the trust account to pay for his day-to-day expenses.
Klinkenberg committed suicide in December. His trust account had a shortfall of up to R200 million.
Van der Westhuizen said Klinkenberg had misappropriated his money and the Attorneys Fidelity Fund had to refund him.
The fund argued that the money was invested with Klinkenberg, and fell outside the ambit of the act.
It said although it was sympathetic to his situation, Van der Westhuizen had to wait in line to claim from Klinkenberg’s insolvent estate.
Judge Adams found last week the money was not an investment and, given Van der Westhuizen’s medical condition, the fund had to pay him.
Jaap Cilliers, SC, for Van der Westhuizen, asked the court to find the former rugby player’s case was exceptional and to rule that if the fund took the matter further, he would nevertheless receive his money immediately.
Orders subject to appeals are suspended pending judgment. Cilliers said he would probably die if the fund persisted in its refusal to pay.
“I find their attitude extremely unconscionable.”
Judge Adams noted the fund had not disputed that Van der Westhuizen needed the money to stay alive.
It had argued only that he had other assets he could use, such as his R4 million property.
“I am of the view this is an exceptional circumstance,” Judge Adams said.