- An 86-year-old retiree sold his Newton Park home to buy life rights at Herberg development on Lake Farm Centre Aid Association property in 2017, and this development was taken over by Lake Farm Centre Aid Association in 2019 and called it Lake Farm Residential Homes.
- The retiree believes the Lake Farm Centre Aid Association meant to defraud him of his life rights.
- Lake Farm Centre Aid Association did not have the municipal rights to do the development, and the land is an agricultural zone, making the building on the lady illegal.
When an 86-year-old retiree sold his Newton Park home to buy life rights at Meerzicht Herberg development on Lake Farm Centre Aid Association property in 2017, he did not know he was getting into an agreement that would become a misery in his old age. The development was taken over by the Lake Farm Centre Aid Association in 2019 and called Lake Farm Residential Homes.
The senior citizen, who would like to remain anonymous, claims Lake Farm Centre Aid Association, 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.
The man said,
“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. I have been misled by Lake Farm Centre Aid Association and Meerzicht Herberg Pty Ltd, jointly and severally, as they were in partnership on Lake Farm Centre Aid Association’s Land, and Lake Farm Centre Aid Association took over the running of the development in October 2019 and all associated legalities,” he added.
The man said he was led to believe he was purchasing life rights in a legitimate development, where he believed he would spend the rest of his life. The man’s 59-year-old daughter said that when her father sold his house and put himself in this retirement village, he believed this is where he would receive care such as a day nurse, caregivers, a care centre and much more. This daughter was employed as the manageress to oversee the running of the retirement village.
However, late in 2021 there was a committee change. “This was a hostile takeover”, she said.
“Up until this time, and shortly after the hostile takeover, all was running well and we were promised good things of upgrades, etc. Then suddenly in December of 2021 a notice was sent out, telling us about the closing of the facility due to irregularities. You can imagine the fear and worry among the residents, especially those who had purchased life rights,” the woman added.
Without any discussion or consideration of concerns, well-being and financial investment of the residents, 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 man’s daughter who worked as manageress.
“I continue to do my job without any pay. He then shut off the DSTv and took away the groundsman. He does all of this under the guise of the previous company, which was legally taken over by them. It is my opinion that all the retrenching was done incorrectly, and all the staff have claims,” the woman revealed.
The woman claims that Van der Merwe is now trying to take away the only kitchen where she cooks for the elderly, to run a commercial operation amongst the elderly residents.
“A court order was granted to us on February 9, 2023, to stop the committee from moving a commercialised business onto the property while the elderly still reside here, for safety and security. This was then removed and replaced on March 27, 2023, by an Ex Parte application in terms of section 30. This was again granted to us for the committee to not remove the stove, so that I can continue to cook for them,” the woman said.
“This application was then opposed by Van der Merwe and we lost, as it was found not to be urgent, leaving the residents at risk of the commercial development and no kitchen.
“We are permanently threatened with letters of eviction and cost orders. This is normally delivered on a Friday afternoon, directly to 86- and 89-year-olds, putting the fear of God in them. This abuse is severe. The residents have done nothing wrong; however, he constantly blames us and them, and completely ignores their cries and financial investments, denying this in its entirety. What was once a thriving picturesque retirement village is now a ghost village, which is purposefully left to run down, and the residents live in fear of losing their home investments and peace of retirement,” she added.
Another elderly woman, also a resident at the retirement village, 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.
“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,” the woman’s son said.
“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’. There is much documentation to this effect, yet he simply denies this,” the man continued.
In response to the allegations against him from the residents at the retirement village, Raoul Toto van der Merwe responded.
“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.
The 86-year-old retiree said, “My attorney has found out that the development can easily be rezoned, approval given, and the zoning rectified. This has been confirmed by the municipality. The decision not to legalise matters or rectify their misrepresentations has been made by the current committee. It is my opinion, and that of many others, that ulterior motives may be at play.”
