In PE Express of 15 November, 2023 a report written by PE Express reporter Nkosazana Ngwadla was published about elderly residents complaining about eviction orders from the Lake Farm Centre Aid Association. One of the residents has Life Rights to a property on the premises.
Some residents of a retirement village on the property, who prefer to remain anonymous, made allegations against Raoul Toto van der Merwe, chairman of the Executive Committee of Lake Farm Centre Aid Association (LFCAA) and the committee. For the full story click here.
Van Der Merwe was given the opportunity by PE Express to respond to questions sent to him via email before publication of the report.
After publication of the report Van Der Merwe indicated that he believes that he was not given the full opportunity to respond to all the allegations and has indicated pending legal action.
He was again given an opportunity to reply, but had not done so at the time of going to print.
Pieter Labuschagne, vice-chairman of the LFCAA, has written a letter to PE Express in response to the allegations.
One of the claimant’s children has, in turn, responded to Labuschagne’s letter.
PE Express would like to give all parties a fair chance to exercise their right to respond. Due to the length of the correspondence, and space constraints in our print edition, it is published on our News24 landing page and social media platform.
The initial report
In the report an 86-year-old retiree, who wishes to remain anonymous, claimed that he sold his Newton Park home to buy life rights at Meerzicht Herberg development on Lake Farm Centre Aid Association (LFCAA) property in 2017. . The retirement homes were built on a parcel of land separate from the current Lake Farm Centre which is a home for intellectually disabled adults.
The development was taken over by the LFCAA in 2019, and called Lake Farm Residential Homes. The senior citizen claims LFCAA, and Meerzicht Herberg Pty Ltd made misrepresentations to him, and intend to defraud him of his life rights purchased, and improvements done exceeding an amount of R820 000.
“Years after purchasing my life rights in this development and well settled into my cottage, I have been told that Lake Farm Centre Aid Association did not have the municipal approvals to do the development. The land is zoned agricultural and apparently the development, buildings, etc., are illegal. Had I been advised of such or made aware of the non-compliance and illegalities, I would never have invested my money, being my life’s savings and pension and moved into this development and purchased life rights,” said the man.
After a new Lake Farm Centre Aid Association committee was established, the new chairman, Raoul Toto van der Merwe, allegedly retrenched the day nurse and care-givers, took away the food which was paid for by residents, then closed the care home.
Following this, Van der Merwe further allegedly retrenched the cleaning lady, whom the residents rehired at their own cost, then retrenched the elderly man’s daughter who he said worked as manageress.
Another elderly woman, also a resident at the retirement village and who also wishes to remain anonymous, had been in hospital for over a month and was recently hospitalised for a week. Her health in the past two years has rapidly deteriorated because of this debacle.
Her son told PE Express “My mother’s health has deteriorated; she cannot understand or take the stress of this issue. Her physical and mental health have taken a severe knock; all the residents have suffered. The stance of the current committee is completely wrong,” he said.
This resident has made improvements to the home she lives in to the value of R220 000.
“The chairman keeps saying there is no entity trading as Lake farm Residential Homes, a residential home for the elderly and care centre, yet monthly invoices are sent out with the account holder being ‘Lake Farm Residential Homes’,” her son said.
In response to the allegations against him from the residents at the retirement village, Raoul Toto van der Merwe responded and was quoted in the news report.
“I am aware of a gentleman who purportedly bought a Life Right from an entity trading as Meerzicht Herberg (Pty) Ltd. I carry no knowledge of costs associated with improvements that were expended on the unit. I confirm that I carry no knowledge of any consent by EXCO to effect improvements to the unit referred to. LFCAA is the owner of Portion 32 of Farm Kragga Kamma No 23. This property is zoned agricultural.
“The NMBM advised on January 17, 2018, that the usage of Portion 32 was unauthorised. On December 9, 2019, the NMBM issued a Zoning Certificate to LFCAA, confirming that residential occupation thereof was illegal. On May 23, 2023, the NMBM called upon LFCAA to vacate the buildings with immediate effect,” added Van der Merwe.
PE Express has seen legal documentation and bank statements that confirm the man’s purchase of life rights, as well as previous correspondence where Van der Merwe said his organisation has undertaken to assist the man in providing him with the use and enjoyment of the unit he currently occupies, at no cost save for standard levies that may be raised.
More response from Mr Van Der Merwe:
After publication of the news report, Raoul Toto van der Merwe, emailed PE Express stating the following:
“My response to the questions raised by your journalist alluded to the likelihood that the facts would be misrepresented.
“My cautionary suggestion was not heeded, inevitably resulting in a highly defamatory, degrading and spurious article devoid of factual substance.
“The article goes way beyond the questions posed to me. I was not afforded the opportunity to respond to any of the defamatory statements as set out in the article.
“As a consequence of the publication, my good name, reputation and dignitas have been unjustly impaired. The conduct of your journalist in this regard, given that she was forewarned, can only be construed as wilful.
“You may accept that litigation is pending. Should you, however, wish to discuss settlement proposals. It is suggested that you contact me urgently to make the necessary arrangements.
“I also believe the conduct of your journalist may well meet the elements of criminality. Irrespective any further discussions, this route will be traversed.
“In the interim, all my rights remain reserved.”
What does PE Express’ ombud, George Claassen, say:
I have looked at the story that was published, the questions sent and the answers Mr Van der Merwe gave before the report was published.
It is clear that the report followed the audi alteram partem principle and requirement (the right of reply) of the Press Code fully. Mr Van Der Merwe was given the chance to respond to the allegations made against him, and he only answered certain questions. The rest he left unanswered. He has also not indicated what is inaccurate in the story.
Threatening the publisher and editor with legal action is not acceptable. The newspaper published a report that is in the public interest.
Media24 and PE Express will defend this as the article was in the public interest and based on the truth, two pillars of defence against defamation.
Furthermore, Mr Van der Merwe was contacted to fulfil the requirements of a right to reply before publication of the SA Press Code. He was given the opportunity to refute the allegations against him and not to use a SLAPP (strategic lawsuit against public participation) action suit to silence the media about his commercial activities.
“Litigation intended to silence critics has been recognised as an abuse of process by the apex court. I quote from the finding, as reported by News24: “… the Constitutional Court, which ruled on this issue on Monday and recognised SLAPP suits as a new category of abuse of process.”
Letter to the PE Express editor from Pieter Labuschagne, the vice-chairman of the Lake Farm Centre Aid Association (LFCAA/ ‘the LF Association’)
I have served on the LFCAA Exco since 2019 and am very familiar with the history and therefore legacy of previous Excos.
I was tasked in 2019 by the then Exco to investigate ‘staff grievances’ at the Lake Farm Centre (LFC/ ‘the LF Centre’), which led to interviews with a number of LF Centre staff members and concerned parents/guardians/siblings of the 87 disabled adult residents of the LF Centre (25 of whom are orphans), as well as some ex-Exco members.
The interviews brought to light some very concerning issues. I submitted a report on the findings to the then Exco, but it was basically ignored.
The previous Exco (family of family and friends of friends, which, incidentally, had been in office in some form or another for almost 3 decades) was legitimately voted out by the abovementioned concerned parents/siblings/guardians and ex-Exco members, and the current Exco was democratically nominated and elected, with Mr Raoul (Toto) van der Merwe as Chairperson, at the September 2021 LFCAA AGM.
All procedures were in compliance with relevant South African legislation pertaining to NGOs etc. under the auspices of the Department of Social Development (DSD), our main sponsor.
The allegation of a “hostile takeover” is therefore patently false and, seen in the context of the whole article, in fact borders on slander.
Some background: At the end of 2019 (while I was serving on the previous LFCAA Exco), the Exco had received a letter from DSD stating that if we did not implement certain legally required reforms to align the LF Centre in terms of our core statutory business as per the NPO Act (caring for the LF Centre residents) the LF Centre stood to lose its subsidies from DSD. (DSD has standard requirements that all NGOs must comply with, and certain members of the previous Exco had unfortunately taken some bad decisions that were jeopardising the future of LFC and hence its residents).
In late 2021, the new Exco tasked me with phasing out the so-called ‘Meerzicht Herberg care home’, an illegal development initiated in 2017 by the son of a previous LFCAA chairman and the son’s then girlfriend.
As your article states in its first paragraph, Meerzicht is indeed situated on a separate parcel of land owned by the LF Association. However, the Meerzicht development was never ‘taken over’ by the LF Association, and was never registered as Lake Farm Residential Homes, since all activities on the said parcel of agricultural land was in its entirety never registered for the business the son and his girlfriend initiated on said premises.
Instead, the initiator/s of the ‘development’ passed it on (the word they used was ‘transferred’) to the LF Association like the hot potato nightmare it has since proven to be. The ‘transfer’ took the form of the initiator of the ‘development’ simply announcing at the end of the 2019 LFCAA AGM (as the LFCAA chairman), that Meerzicht would thenceforth fall under the LF Association. There had been no consultation, no AGM or Exco resolution … and there are no minutes documenting such resolution (all these facts can be verified from the ±140-page report adopted by the current LFCAA Exco based on an official enquiry executed by Advocate Lionel Kroon, which is available upon request for the inspection of the public – and of the PE Express, should it wish to belatedly verify the facts. Facts that could’ve helped your article writer to not inflict perhaps irreparable damage to the lives of 87 disabled residents and the livelihoods of the staff who take care of them).
The first part of my assignment was to close the so-called frail care section/care home at Meerzicht, to which had been ‘admitted’, indiscriminately, some severely disabled elderly persons, even some psychiatric patients (all persons obviously without the mandatory legal registrations required by the applicable Government Departments), which clearly has all kinds of medical, health, safety and other implications for which there was/is no liability insurance.
The person claiming to own a life right cottage, Mr (name withheld), Ms (name withheld)’s father, bought it from the entity that called itself the Meerzicht Herberg, which
1. functioned completely independently of the Association (and hence the Centre);
2. did not and does not comply with municipal town-planning and zoning bylaws in accommodating people as it is zoned as agriculture;
3. is and was not registered with the applicable Government Departments or municipality as a care facility (frail care, retirement, sectional title, life right or otherwise);
4. was declared illegal by government, and the reassigned farm buildings was officially condemned by the Nelson Mandela Bay Municipality (NMBM) as unfit and therefore illegal in accommodating persons; and
5. was in fact further cause of DSD warning the Association in 2019 of the imminent possibility of the State withdrawing its financial support to LFC because of the high risk of the illegal Meerzicht initiative.
Ms (name withheld), who went nameless in your article as “the 59-year-old daughter of Mr (name withheld), who bought the non-existent life right unit (the monies he paid has not been accounted for to date) and Mr (name withheld), the ‘son’ mentioned in your article, together with Ms (name withheld), conveniently neglected to inform Ms Ngwadla that no life right entity was ever registered by the initiators of the Meerzicht Herberg development. Mr (name withheld)’s mother also is only a tenant of one of the illegal units, she has not paid any rent for over a year to date (because her son is of the opinion that LFCAA owes him monies for improvements he made to the rental unit of his mother, we requested proof of such improvements, to no avail to this day. He therefore decided to stop paying rental for his mother’s unit running into thousands of rands, negatively impacting the care of the 87 LFC residents).
Ms (name withheld) was appointed by the ‘Meerzicht Herberg initiators’ as a general assistant at the care home section (not ‘manageress’), to amongst other tasks supervise the preparation of meals for the care unit residents, and she later also sold meals to other tenanted residents.
Ms (name withheld) was also one of the last people/workers at Meerzicht care unit to be retrenched, in a process presided over by a Labour Relations Consultant, whose recommendations regarding retrenchment packages were followed to the letter of the law (packages, by the way, which ironically were paid out by the Association despite the fact that Meerzicht had been foisted on us without us having any say in the matter, and even after the decision to close Meerzicht down had been clearly communicated to Ms (name withheld) and all the parties concerned over almost two years. Meerzicht’s DSTV and wi-fi services, kindly allowed and paid for by the Association until the Exco decision to discontinue these services as there was not sufficient funding generated from the rentals to continue these services).
The ‘Meerzicht care unit’ was finally closed in September 2022 after every possible attempt had been made to successfully relocate the frail persons to legally registered facilities, and the other tenants of illegal rental units to legitimate applicable facilities. But four persons refuse to move – no doubt under the encouragement of Mr (name withheld) and Ms (name withheld) – preferring to remain at Meerzicht illegally and refusing to sign the indemnity declaration on the strength of which the LF Association had offered to let them stay on until such time as they could find other accommodation of their choice.
Ms (name withheld) herself was given a grace period of two months (March and April of this year, after her retrenchment), to move off the premises. However, she decided not to move.
Ms (name withheld)’s allegations that the current Exco doesn’t care about the elderly persons living on the farm (in the illegal high-risk buildings), are her own narrative – particularly in light of the fact that she is now herself in effect squatting on the premises, seemingly under the misguided belief that she is called to take care of all the ‘older persons’ on the premises (two persons).
The remaining older persons mentioned in your article (but for one) are just normal tenants who leased illegal cottages (total of three remaining). As mentioned, they have been given regular notices to vacate the buildings they are renting, as it is farmland and was condemned by the municipality (surely you understand the risk in the situation we as an Exco had to mitigate should anything happen to a person staying in an abandoned building?). The situation is currently untenable as it is continuing to bleed monies from our core business.
The biggest backfire mistake the current Exco probably made was to be kind and helpful and accommodating towards each and every person staying at the illegal Meerzicht development, which was not the making of the current Exco or the LF Association but of a self-serving relative of a former LFCAA chairperson. It is all reflected in the Kroon report, based on facts.
Finally: Ms Ngwadla protects the identity and privacy of those mentioned in the article, obviously at their behest. At the same time, the article openly refers to Mr van der Merwe by name, calling him a ‘solo operator’ with ‘ulterior motives’? How, in good faith, can the PE Express condone that? Yes Ms Ngwadla did mail questions to Mr van der Merwe, but she unfortunately did not make a follow up appointment with the LFCAA Exco (whose members never take unilateral decisions), to verify the story she received from Ms (name withheld) and Mr (name withheld), affording us as Exco the opportunity to disprove the untruths in your article by way of the findings in the Kroon report on issues raised by Ms (name withheld) and Mr (name withheld) in your paper.
Lastly, for clarification, there is no court order against the Association to not close the illegal Meerzicht development. The so-called ‘kitchen claim’, i.e., claiming the right to provide meals to the elderly persons, was in fact set aside by court order with costs to Ms (name withheld).
In conclusion: We, the members of the current Exco, are ordinary law-abiding unpaid volunteers (with most of us working to earn a living), entrusted with protecting and securing the long-term future of Lake Farm and its residents, who are the core business and the first and only priority of the Association, and we have a fiduciary duty to do so.
My question now is, as a community newspaper, how will your paper make good on the damage it is causing by giving Ms (name withheld) and Mr (name withheld) a platform to spread misinformation based solely on their own say-so, while not affording the LFCAA and LFC an equal, fair and just opportunity to respond to their unproven allegations? Surely you can see that the message ultimately given to all your (discriminate) readers is one of the PE Express having no compunction at all about ruining – and in effect threatening the very existence of – a decades-long established – let alone trusted and supported – organisation which is held in such high esteem by Port Elizabethans and in truth the Eastern Cape Province and even further afield? Eighty-seven disabled adults versus two selfish individuals. Ms (name withheld) of which I hear is boasting on social media (post your article), about the media exposure they are receiving in their ‘fight’ against us as an Exco.
I challenge you, no, I dare you, to publish this letter in your newspaper as freely as you did the article that occasioned it.
Response from resident’s son to letter from Pieter Labuschagne
Many thanks for allowing a response to Pieter Labushagne’s letter to the editor.
The Article in the PE Express 15 November 2023 by Nkosazana Ngwadla was all based on documentary proof. Nothing in her article was hearsay; a comprehensive document bundle was handed to her for investigation. Mr Raoul (Toto) van der Merwe was advised by Nkosazana that she was investigating the Lake Farm Residential Homes, a home for the Elderly and care centre, Ms Ngwadla was going to write an article about this old age home. He had ample opportunity to engage and be transparent and answer her questions. Most questions were denied and he offered no invitation to Ms Nkosazana Ngwadla to meet.
Now that the article is in the public domain he is threatening to sue the PE Express, this was well advised to the PE Express before the article was written, hence all the approvals Nkosazana went through before print.
Ms Ngwadla was very careful and requested clarification from my attorney Stuart Laubscher before proceeding with her article. Again everything in the article of 15 November is true and substantiated by documents mostly on Lake Farm Centre and or Lake Farm Aid Association paperwork.
A reply is done to each of his paragraphs as follows;
Mr Labuschagne’s letter is baseless and based on his emotions and no documentary proof has been provided to PE Express.
Fortunately Mr Labuschagne admits that he is the vice -chairman and has served on the Lake Farm Centre Aid Association Exco since 2019.
Mr Labuschagne admits he was part of the decision making from 2019 as the Exco consists of 5 or 6 members and they make decisions as a collective.
As per Mr Labuschagne’s own admission he was tasked with staff grievances in 2019. He fails to mention that one of these grievances was missing money, approximately R80 000 from the organisation, Lake farm Centre and or Lake Farm Aid Association. Prominent staff and or Exco members were put through a polygraph and some failed the polygraph. One of the staff who failed this polygraph is still present today and serves in a high position in the organisation.
Mr Labuschagne claims the previous Exco of September 2021 was legitimately voted out and the current Exco democratically nominated and elected, with Mr Raoul (Toto) van der Merwe as Chairperson at the September 2021 LFCAA AGM. He states all procedures were in compliance with the relevant South African legislation pertaining to NGOs etc. under the auspices of the department of Social Development (DSD).
What Mr Labuschagne fails to mention is that Mr Raoul (Toto) van der Merwe went around to all family and friends and associates asking if they would become members of Lake Farm and provide him with their proxy vote as he was going to take the retirement village further with good things to come. The cost of this was R50 per person. I have proof from a prominent business owner in the area who gave Mr Raoul van der Merwe her proxy. She was never asked to pay and can confirm the good things never came.
When the treasurer was asked how many of the proxies were paid by Mr Raoul van der Merwe, this information was quickly classified as private, no information was given out and any challenge to this the Lake Farm member challenging this information was immediately suspended by Mr Raoul (Toto) van der Merwe and the Exco.
The committee change was hostile and I can supply the old committee members’ phone numbers to confirm the hostile takeover.
Mr Labuschagne states that in late 2021 he was tasked with the phasing out of the so-called Meerzicht Herberg Care Home. He fails to mention that the Meerzicht Herberg Care Home was taken over by Lake Farm Centre Aid Association on 27 August 2019; this was done legally via a Senior Counsel and an Arbitration agreement. Mr Labushagne admits he was part of Exco yet fails to mention this takeover.
Mr Labuschagne and Mr Raoul van der Merwe, the chairman, deny that Lake Farm a residential home exists. I have the Investec bank statement stating Lake Farm Residential Homes, the invoicing stating Lake Farm Residential Homes, the chairman’s report from 2021 stating Lake Farm Residential Homes with both Mr Labushagne’s name and Mr Raoul van Der Merwe’s name as present, proof of residence for the life right holder, stating Lake Farm Residential Homes.
Mr Labuschagne states his first assignment was to close the so-called frail care section at Meerzicht. What Mr Labuschagne should correctly state, was that he was tasked at closing the care home at Lake Farm Residential Homes, not Meerzicht, there is a huge difference between a frail care centre and care home, the failure to legalise this care home lies on his doorstep and that of the committee, as he was part of the Exco from 2019.
It’s now 2023. Why did he not register this with the department (DSD)? The residents cannot be blamed for his failure and of Lake Farm Aid Association’s failure to legalise matters. The residents are simply elderly victims. The residents were not as Mr Labuschagne dramatises. They were extremely well looked after by the staff at Lake Farm Residential Homes. I have phone numbers of persons who were being cared for to verify this.
As of 15 November 2023 there were 6 elderly residents residing on the property and one care lady.
Conveniently Mr Labuschagne uses the word “farm land” and “agriculture” and “abandoned buildings”. The Exco have found an avenue to close the retirement village, however fail to mention that Lake Farm Centre ran exactly the same way and was only legalised from Agriculture to Institutional in or about 2019. Lake Farm Centre and Lake Farm Residential Homes are on adjacent erf’s, large portions of land. The development can easily be rectified and legalised, the entire current situation is of Lake Farm Aid Associations own making and wish.
The residents are not illegal occupiers and certainly not in the know of Lake Farm Centre failures and cannot be held responsible. What Mr Labuschagne fails to mention is that the youngest person is 65 years old and the oldest 89. This all falls under the older Persons Act of 2006.
Regarding the remaining person with the Life Right (Five Life Rights were originally sold): Lake Farm Centre Aid Association entered into an Agreement with Meerzicht Herberg on 15 December 2015.
Mr Labuschagne fails to bring the public into his confidence that Lake Farm Centre granted Meerzicht the right to develop the Life Right Village. The agreement was substantial and Lake Farm Centre Aid Association was a partner to this agreement and this development was on their land under title deed 28124/1975.
There was a clause in the agreement that should there be a dispute the matter would go to arbitration. This clause was later triggered and on 27 August 2019 the life rights were ceded and assigned to the defendant (Lake Farm Aid Association) by arbitration. A senior counsel advocate (SC) made the award in favour of Meerzicht Herberg Pty Ltd.
Paragraph 5 of the agreement states verbatim” Any agreements concluded between The Claimants (Meerzicht Herberg) and any person or entity relating to Life Rights sold in respect of such development are, as from the effective date (27 August 2019) ceded and assigned to the Defendant (Lake Farm Centre Aid Association).
Mr Labuschagne confirmed he was around at this time in 2019 however seems to have no knowledge of this serious award and agreement against the Exco.
Mr Labuschagne goes further in blaming an innocent old man who legitimately purchased a life right, which was legally taken over by Lake Farm Aid Association. This gentleman was not aware of Labushagnes’s points 1 to 5. Had he known he certainly would not have purchased. This failure in points 1 to 5 are the failure of Lake Farm Centre Aid Association – it’s their misrepresentation not the Life Right holder.
There is proof of the Life Right purchase in an amount of R650 000. There is also proof of the improvements to the cottage of R170 000 and their physical being are available for viewing.
Mr Labuschagne further fails to mention that on 14 June 2021 Lake Farm Centre Aid Association paid out the life right to the deceased estate of cottage A01 to attorneys in Jeffrey’s Bay an amount of R115 000 This payout was in line with the Life Right agreement and the arbitration award. Identical to the present Life Right holder.
Mr Labuschagne further fails to bring the public into his confidence and that of Lake Farm Centre Aid Association members or family of residents that, on 2 March 2022 Lake Farm Centre Aid Association paid Meerzicht Herberg and/or its director R500 000 in line with the same arbitration award and/or further award (originally 27 August 2019). A verbatim extract from the minutes, “a resolution was passed regarding the next step towards the finalisation of Meerzicht settlement claim with Mrs ………… This was a majority vote in favour of this option, OFFER R500 000 in full and final settlement, subject to LFCAA completing a due diligence and technical evaluation to determine viability and ability to obtain occupancy certificates and regulatory approval to accommodate remaining life rights. FINALISED.
The money was paid. This document is available to the PE Express and anyone who wishes to view it.
I guess Mr Labuschagne was not available on this day in 2022 either. And he knows nothing about this? However, it has been around since 2019 and all Exco voting and decision making is done as a collective.
The remaining life right holder is an 86-year old frail gentleman. Lake Farm Centre Aid Association has done nothing but threaten this old gentleman. They deny his life rights exist and constantly threaten him with eviction. The documentation and proof is clear for all to see.
Any writings regarding life rights by Mr Labuschagne can only be seen as deny, deny ,deny, and must be treated with the disdain it deserves, nothing but a bunch of lies.
The elderly gentleman has laid a criminal complaint at the commercial crimes unt in Port Elizabeth against Lake Farm Centre Aid Association and the current committee.
Regarding the other elderly lady (89) who Mr Labushagne claims only to be a tenant who stays in an illegal unit being Unit A01. Let’s remember Mr Labuschagne boasts he has been around since 2019 and is now vice-chairman. He fails to tell the truth, and claims she has not paid rent for one year.
What Mr Labuschagne fails to do is bring the truth forward. In late October 2021 it was agreed by the Exco that Unit A01 be renovated by the lessee. The renovation was in essence to purchase a right to reside in the unit for life. The monthly rental and other costs were still to be paid. Upon death and or voluntary moving out, the cost of the renovation would be donated to Lake Farm Residential Homes. The cost of the renovation was R220 000. This was all agreed by Lake Farm Centre Aid Association committee.
At no time during this renovation, was she aware that the land was zoned agricultural, that there was no zoning and the unit was illegal.
Why was this not advised? Further at this time, in September 2021 there was the change of committee. Many of the new committee members walked through the unit commenting at the upmarket renovation. Not one said a word regarding illegalities, they were all in the know, the word “know and or knew” is clearly defined under the Companies Act and can represent gross misconduct, to which Lake Farm Aid Association is governed by this Act. Under the Companies Act this can also be an offence.
Later when matters were raised, it was agreed by the treasurer that this renovation needed to be refunded monthly, which it was for a period of time.
The amount did come into dispute by the chairman. On many occasions it was offered that an independent quantity surveyor determined the cost of the renovation and both parties accepted this value. This was never taken up by Lake Farm Centre Aid Association. Only when matters really soured was this amount clawed back monthly, due to Lake Farm Centre’s denial and misrepresentation.
Mr Labuschagne’s assertion that no rent is paid, only a “tenant” is neither true nor correct. He and the committee are well aware of this claw back for a large amount of money spent.
Had this lady known, it is clear and obvious she would never have renovated and moved in. Furthermore, the day nurse was retrenched, the care home closed, the carers retrenched, who would do something like this? We are talking about old age retirement at 87 years old. All that was promised was no longer.
A second criminal complaint has been opened against Lake Farm Centre Aid Association and the current committee at the Port Elizabeth Commercial Crimes Unit.
The daughter of the life right holder the 86-year old man, was initially employed by Meerzicht Herberg which was taken over by Lake Farm Residential Homes in 2019. She was then put onto Lake Farms’ payroll, pension etc. She was certainly running the retirement home as the manageress, did the admin, day-to-day running of the retirement home. Later this was downgraded to admin by Lake Farm Centre Aid Association.
From August 2019 this 59-year old lady was no longer in the employ of Meerzicht Herberg, but now Lake Farm Centre. It is true she was retrenched in 2023 some four years later from the legal takeover.
As per Ms Ngwadla’s 15 November article, retrenchments some four years later were done under the guise of the Meerzicht Herberg.
Initially Lake Farm Centre Aid Association tried to fire the 59-year old lady, they certainly did call in their labour consultants. The lady was not fired, but soon thereafter retrenched. The lady took the matter to the CCMA in which she asked for the matter to be referred to the labour court and is presently waiting for a hearing date.
Mr Labuschagne fails again to be transparent that there are other staff and or previous staff from Lake Farm Centre also in labour disputes with them.
The DStv and Wifi services were paid by the residents at Lake Farm Residential Homes on their monthly invoice from Lake Farm Residential Homes, the invoice shows such. Mr Labuschagne will not be able to produce a single shred of evidence to dispute this. Lake Farm Aid Association simply cut this off without any notice to the residents of Lake Farm Residential Homes.
Mr Labuschagne refers to the Meerzicht Care Unit which was closed in September 2022. Earlier in his letter he refers to this as frail care, further he is still stuck on the name Meerzicht, the village was renamed Lake Farm Residential Homes in 2019.
For Lake Farm Centre to state they made every possible attempt to successfully relocate the frail persons legally is simply not true. There were four residents, two passed away, one was relocated to Lake Farm, the other gentleman to another facility, and this was done by the 59-year old daughter and family, certainly not by Lake Farm Centre and/or the Aid Association.
Mr Labuschagne is of the opinion that the mess Lake Farm Centre and Lake Farm Aid Association find themselves in is the doing of the residents. He is clearly delusional; these residents all find themselves in this bad accident, they are all elderly victims.
The reason the 59-year old lady has not moved out of her cottage is that she is looking after her frail father who cannot look after himself. She further is still running the property without any pay, seeing that the pumped water is run, gates closed, meals cooked, etc.
Mr Labuschagne’s insinuation that she is squatting on the premises is a joke. He admits he is the vice- chairman of an organisation that takes care of vulnerable individuals, however has absolutely no heart or compassion for elderly vulnerable individuals who are victims to Lake Farm Centre Aid Associations misrepresentations and decisions.
The elderly gentleman purchased his Life Right and has been residing in his well-maintained cottage since 2017. The outside has been neglected by Lake Farm Centre Aid Association. When Lake Farm Aid Association took over from Meerzicht Herberg, taking over all legalities, insurance and upkeep, they are happy to take his monthly levy, and not provide any service.
On the day of print being 15 November 2023, there were six elderly residents between the ages of 65 to 89 and the daughter of the Life Right holder. These persons were not just given letters to vacate, they were threatened with eviction and legal costs.
Mr Labuschagne claims the land is farmland, however it is adjacent to Lake Farm Centre, the development is large, there are many buildings, the development can easily be legalised, and the failure and this decision falls squarely on Lake Farm Centre Aid Association. The municipality and my attorney can be contacted as proof thereof.
Mr Labuschagne should be honest, and simply say, the committee has decided to close down the facility, we will pay out the remaining residents who have a financial investment, then the 86-year old man and the other residents will gladly move. This has been documented many times. This would be the honourable thing to do for an organisation that cares for vulnerable people. Not the stance the current committee has taken of threats.
Is the issuing of evection letters with threats on a Friday afternoon to elderly residents kind? Mr Labuschagne is fully aware of a legal Life Right holder and another permanent resident; he is seeking public sympathy. What he states is simply not true. The documents speak for themselves.
Mr Labuschagne takes offence that his Chairman’s name was mentioned in the article. The chairman was emailed and asked for comment. He was told there was an article being investigated and that it would be published.
The 86-year old Life Right holder and others certainly did not write the article – they simply provided documentation to be investigated.
Had they done the honourable thing, made arrangements to pay out the persons with financial investments and assisted them, they certainly would not find themselves in this situation. They took the denial and refuse route. Must these old people simply lose their homes and money?
Mr Labuschagne claims the writer of the article refers to Mr Raoul Toto Van der Merwe as a “solo operator”. Nowhere in the article do we see any reference to this, simply the chairman.
Mr Labuschagne claims how in good faith could the PE Express print the article. He fails to understand that Ms Ngwadla, investigated the matter, wrote to Mr Raoul Toto van der Merwe to ask his side of the story, ms. Ngwadla was not invited to a meeting, he simply denied the facts.
Now that all is opened bare in the public domain, Mr Labuschagne is crying foul. He claims the committee makes unilateral decisions. However, Mr Labuschagne seems to have no knowledge of any decision whatsoever in his letter to the editor. Mr Labuschagne is delusional; the documentation is available for any party to scrutenize. It is currently in the hands of the Commercial Crimes Unit, PE Express and soon the High Court of Port Elizabeth.
The only error that can been seen in the 15 November article is that the word “interim” was not put in front of court order which was later replaced by another “interim” court order which the lady admits to losing on urgency only. How Mr Labuschagne got the idea anything was written regarding a court order against the organisation to not close the illegal Meerzicht development is beyond me.
Mr Labuschagne claims that the PE Express and those who provided the information have caused the institution damage. There has been no misinformation. All that was written was based on solid evidence and documentation and not hearsay as per Mr Labuschagne’s letter. He is trying to cover up a “very bad car accident” (Lake Farm Residential Homes) in which the innocent elderly victims have been the only severely injured parties by the hands of Lake Farm Aid Association.
In conclusion: It is clear Mr Labuschagne is on the deny, deny trail. He has been around for a long time since 2019 by his own admission. Unfortunately many elderly and or vulnerable people are the victims of this organisation’s failures.
Simply pay the Life Right holder the money and the elderly lady the balance of her investment. They will gladly relocate and you can do with your development and land as you please.
