High-end golf club’s conduct sub-par, says judge
An exclusive golf club belonging to Fancourt billionaire Hasso Plattner has been ordered to reinstate three members suspended two years ago for alleged “aggressive behaviour”.
The judgment, delivered this week by Western Cape High Court judge Derek Wille, compels Plattner’s golf company to backtrack on its decision to expel the members from the exclusive The Links golf club, situated inside Fancourt.
The “invitation-only” club is wholly owned by the Plattner family and is the jewel in the Fancourt crown, considered one of the world’s top golf clubs. But it lost some of its classy sheen in 2022 when Plattner fired off a letter, delivered at the Fancourt annual general meeting, expelling the three members, all of whom were also serving or former members of the Fancourt Master Homeowners Association (FMHA).
The suspended trio — Warren Erfmann, Brian Buckham and Johnny Millar — were leading a push to challenge Plattner’s control over the estate he had developed over the past 30 years.
“Given the ongoing conduct and aggressive behaviour of the current FMHA representatives, the ‘friendship’ and ‘harmonious atmosphere’ at The Links can no longer continue between the club and yourself,” Plattner said in the letter, delivered by the manager of his foundation, Dr Stephanie Ullrich. However, the trio decided to contest their suspension in court, culminating in this week’s judgment, which should see them reinstated at The Links — at least in the short term.
Judge Wille found the suspensions unfair in terms of the club’s protocols — namely, that they be afforded a chance to contest the allegations made against them at a hearing. “The rules made it abundantly clear there must be a hearing before a suspension. There was no hearing at all,” the judgment said. “Fair play must always be observed, and this must be done honestly and impartially.
“The rules of justice will not permit whimsical and biased decisions that will have significant effects on third parties, such as the termination and then the suspension of the applicants’ memberships without a hearing, let alone a fair hearing.”
Leroy Ferreira, director of sales and marketing at Fancourt, said the Plattner family did not wish to comment on the judgment at this stage. A Fancourt homeowner this week said he expected an independent hearing would now be convened to resolve the dispute, one way or another.
Plattner, 80, a German businessman and the founder of software company SAP, acquired Fancourt in 1994 after the collapse of the fraudulent Masterbond Group. The picturesque property is considered one of South Africa’s premier residential golf estates, largely thanks to Plattner’s pioneering efforts and those of his wife, Sabine, who is wellknown in equestrian circles. The Plattners are also known for their philanthropic work via the Hasso Plattner Foundation, which claims to have disbursed about R9.3bn for altruistic initiatives over the past five years.
But Plattner also stands accused of less altruistic endeavours in relation to Fancourt, where he and Sabine still own the upmarket Fancourt Resort, which includes The Links golf club and course, along with two other Gary Player-designed golf courses. Sources say a faction in the FMHA had sought more rights for the development’s more than 1,000 members, prompting mediation and arbitration proceedings. “The homeowners are just trying to protect their rights,” said one source who spoke to the Sunday Times at the time of the Links fallout.
The influence of Plattner on the affairs of Fancourt, and particularly his showcase The Links club, was not lost on Wille, who in his judgment also reflected on the irony of allegations of member misconduct within the context of golf — supposedly a genteel sport.
Wille referred to Plattner as the “guiding and controlling mind” behind the affairs of Plattner Golf, the first respondent in the court case. “Golf is a game of honesty and integrity. In my view, this also applies to the management of golf clubs, in that their personnel must act with honesty and integrity,” the judgment says.