The Winter Wonderland Festival debacle has taken yet another turn, after the Gordon’s Bay Business Forum (GBBF) appointed a law firm to provide legal advice to its members, some of whom were heavily affected by the cancellation of the festival by organiser Ed Bham on Saturday (29 July).
On Tuesday 8 August forum chairperson Gordon Burnham-King, described a meeting to discuss the aftermath of the event as “robust” and “frustrating” as members uttered their frustrations at the Gordon’s Bay Yacht Club. During the gathering is was agreed that future planning of the event will involve the local community more closely, and that the contract of the Ed Bham Foundation will be shortened (“Vendors refunded,” DistrictMail & Helderberg Gazette, 16 August).
Brand Attorneys in Somerset West issued to confirm it has been appointed by GBBF to “take appropriate action for the event surrounding the Winter Wonderland Festival of 2023,” as stated in its correspondence with Burnham-King. He, in turn, forwarded the written correspondence to DistrictMail & Helderberg Gazette. “Circulation to our members took place on Monday evening (21 August),” he confirmed.
In the letter, Brand Attorneys confirmed that, based on their “preliminary investigation and consultations”, it had become evident that GBBF has substantiated legal concerns relating to the organisation of the Winter Wonderland event.
The letter refers to an “outside company” that was appointed to run the event, and Burnham-King confirmed the company is in fact the Ed Bham Foundation, which organised this year’s Winter Wonderland Festival.
“Our firm has formed the prima facie view that the contracting party failed to execute its contractual mandate,” the correspondence further reads. “Most notably, the contracting party failed to obtain the necessary permits from the local authorities which impacted on the success of the event. This failure was particularly harmful to the vendors.
“The greater Gordon’s Bay community also missed the opportunity to attend and support the festival and contribute and promote the town.”
DistrictMail & Helderberg Gazette again reached out to Ed Bham from the Ed Bham Foundation for comment, but he again declined the opportunity to comment.
Brand Attorneys confirmed that, at present, the firm is engaged in a comprehensive evaluation process.
“We are actively engaged in a comprehensive evaluation process to assess the full scope of these concerns on behalf of our client,” the letter reads. “We are further taking steps to ensure that the interests of the forum are appropriately safeguarded moving forward. We will seek to engage with all members of the community who suffered a loss as a result of aforesaid.”
Brand Attorneys also mentioned that it would provide “transparent updates” and feedback to the GBBF in the coming weeks, as it navigates the legal landscape and makes informed decisions aligned with its client’s best interests.
