Terminally ill Joost appeals to court for his cash
“IT IS clearly a life or death situation,” a judge remarked yesterday, referring to ailing Springbok rugby legend Joost van der Westhuizen.
The former Bok captain turned to court on an urgent basis to recover the R385 665 held in a trust account of his former attorney Robert Klinkenberg, who allegedly committed suicide in December.
Advocate Jaap Cilliers told the Pretoria High Court that in terms of the law, Van der Westhuizen was entitled to claim the money from the Attorneys Fidelity Fund. The fund in turn said he had to wait his turn and claim it from Klinkenberg’s estate.
Fidelity at first denied that the matter was urgent, but yesterday conceded urgency. Acting Judge L Adams said the parties did not need to address him on urgency.
“As I understand it, he (Van der Westhuizen) is saying that he is at death’s door. He said that if he doesn’t get his money now, it’s too little, too late,” the judge commented.
Van der Westhuizen explained in court papers that he was suffering from motor neuron disease and that his life expectancy was bleak.
He said over time his spine and brain progressively lost function. He was diagnosed in May 2011 and was given a life expectancy of 24 months by doctors. Van der Westhuizen is at present one of the longest survivors of the disease.
Klinkenberg, who handled Van der Westhuizen’s divorce from his wife, Amor Vittone, advised him that it would be easier for the administration of his day-to-day existence if he (Klinkenberg) assisted him with the administration of his finances.
Van der Westhuizen said he agreed as it would not make any sense to invest his money in a long-term investment, as he was terminally ill. He said he needed money on short notice to look after himself and pay for medicine, and for Klinkenberg to make payments on his behalf.
He said he made payments into Klinkenberg’s trust account, including R350 000 which was made on his behalf for medication last year.
Van der Westhuizen instituted the claim for the money with the fund, but it rejected it on various grounds, including that it was not proved that the money was stolen.
According to the Fidelity Fund, Van der Westhuizen had to wait in line and claim from Klinkenberg’s estate.
Judge Adams will give judgment today.