Joost in life or death need

“THIS is a life or death situation. I am in dire need of funds to ensure that I can meet the financial burden of the medical expenses that I have to incur as a result of my medical condition.”

This was the plea of ailing rugby legend Joost van der Westhuizen, the longest survivor of motor neuron disease. His life expectancy is bleak, and in May 2011 he was given 24 months to live.

He will be back in the Pretoria High Court this Friday to ask for an order that the Attorneys Fidelity Fund be forced to pay him the R385 665 as ordered by the court earlier this month.

The fund indicated in a letter to his lawyer Ferdinand Hartzenberg that it planned to appeal against the order.

No papers in this regard have been filed yet, but the Fidelity Fund made clear that it still had time to approach the court regarding the intended appeal.

Suspended

If this happened, the order that Van der Westhuizen receive his money would be suspended pending the conclusion of the appeal proceedings, which could take months.

“I could possibly be dead by then,” Van der Westhuizen said in his latest affidavit filed with the court.

He will ask for an urgent order that the judgment of Judge Lester Adams – in which he ordered the fund to immediately pay him – remain in force even if there are appeal proceedings.

Van der Westhuizen’s money is kept in the trust account of his former attorney Robert Klinkenberg, who was believed to have committed suicide in December. There was allegedly a shortfall of up to R200 million on his trust account at the time of his death.

Van der Westhuizen claims his funds are part of money allegedly misappropriated by Klinkenberg.

He said he did not have time to wait as he was at death’s door. “This is a life and death situation… I am in dire need of my money.”

Klinkenberg advised him it would be easier if he (Klinkenberg) assisted him with the administration of his finances. The money was therefore paid into Klinkenberg’s trust account.