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Streetracing.co.za • View topic - Anonymous letter w.r.t Killarney
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 Post subject: Anonymous letter w.r.t Killarney
PostPosted: Wed Jun 20, 2012 11:49 pm 
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Not the first time I receive a strange email from 'Nameless'. Didn't read everything yet. Perhaps it will be of interest to you guys.

---------- Forwarded message ----------
From: My name <oldguardmember@gmail.com>
Date: Wed, Jun 20, 2012 at 3:47 PM
Subject: Ahead of tonight WPMC AGM
To: marlizehoon@gmail.com


From: Old Guard member



The writer cannot attend the AGM on 20 June 2012, therefor please accept this draft as a contribution to the meeting

---------------------------------------------------------------------

To: The members of the Western Province Motor Club (“WPMC” // “the Club”)

A. PURPOSE

The Killarney premises and complex was once secure and durable, its bona fide unblemished, its finances well managed for over 40 years, but now appear under threat of extinction in its present form

and location, and, with that, also the continued existence of the WPMC, along with its vested interests

and goodwill, thereby also that of its members

The purpose of this document is to motivate your consideration and support regarding the preservation of

the Killarney premises and complex, in its present form and at its present location, namely (inter alia):

1. As the privately owned and controlled (exclusive of others) and fully paid for possession of the WPMC,

as well as its headquarters and its home;

2. As the Clubs self-owned and controlled and fully paid for country club amenity and which was created

and established under the auspices of the Clubs erstwhile Constitution for the benefit and the privilege

of its members;

3. As the Clubs self-owned and controlled and fully paid for racing circuit amenity, and providing the

wherewithal for its own racing members, inclusive of private garaging, ‘pitstops’, in-house security and

essential services, as well as specialised engineering services, etc;

4. As the Clubs self-owned and controlled and fully paid for (and to be rendered ‘semi-quiet’) racing

arena and complex, where it presents its MotorSport product commercially for the benefit of its

members and of the Western Cape Province and its community

5. As the Clubs self-owned and controlled and fully paid for facilities centre and venue for road safety

education and training (in form of advanced driving tuition), for the benefit of its members and of the

Western Cape Province and its community

6. As the only facility and venue of its kind existing in the Province.

----------------------------------------------

B. SOME BACKGROUND



1. The WPMC is not merely a race driving club.

The object of the Club is motorsport as defined in its Constitution, meaning: all sporting and social

activities relating to motor vehicles, including but not limited to race driving (as stipulated under

‘Interpretation’: page 3, paragraph 1.1.17).

Approximately only 50% of members would actually participate formally in race driving.

Furthermore, during 2011, the Clubs income and expenditure reportedly amounted to the equivalent

of approx. R1 Million per month, and which is by no means a small amount for a club.



2. By constitutional definition, the Club is a voluntary association of members of the general public, and

which is constituted as a bona fide and non-profitable motorsport club, as well as a juristic person and

body corporate (a corporate legal entity in its own right) having perpetual succession and existing for

the benefit of its constituent membership, as well as for the benefit of the Western Cape Region and its

community.

3. Constitutionally, the WPMC acts and performs and functions through its organs, namely:

a) its members in General Meeting (the seat of power); and,

b) its Executive Committee (previously named EXCO but currently named the Sporting Committee, or

“SportsCom”) and which is constituted two yearly by the elected Chairman and Vice- Chairman;

and,

c) its Directorate (previously named the Board of Directors but currently named the Management

Committee, or “ManCom”) whose members are appointed by SportsCom, and who act and perform

for the time being (two yearly rotation) collectively as the executive governing body of the WPMC,

and carrying the responsibility for the operations and the affairs and commerce and finances and

facilities of the WPMC, as well as for the safekeeping and protection of the Clubs interests and

assets (inclusive of its security of tenure in respect of the Killarney property and the racing circuit

premises and complex) and including the business thereof, as well as the management and control

and administration thereof;



d) The members of ManCom may elect to appoint an Executive Manager ‘...as deemed necessary

from time to time...’ to act and perform day to day in such capacity and on their behalf.

4. In terms of the Clubs Constitution, any office bearer shall cease to hold office as such if he/she would

be disqualified from acting as a director in terms of the provisions of the Companies Act “if the WPMC

were a company”

C.

EVOLUTION OF THE CLUBS SERVITUDE and TENURE

i.r.o. THE KILLARNEY PROPERTY and PREMISES

1. The property known as the Killarney Motor Racing Circuit premises and complex is situated on land

which is zoned as an OUTSPAN and is owned by the Divisional Council of The Cape (“DCC”).

The WPMC has been in possession of this property uninterruptedly since its formation in 1965, and

which it holds privately under long term tenure of lease, currently for the renewed period 1 January

1994 to 31 December 2022 (and having held the premises under similar tenure and uninterruptedly

since 1968, and prior thereto under different tenure and extending from deeds of transfer No.

11103/1960, and 8656/1954, both of which extending from Crown Grant No.150 of 18 October 1940).



2. The Killarney premises and complex is the Clubs marketable product and legal tender commercially,

and where the Club also acts and performs regularly and customarily as a sporting body who facilitates

and stages wheels-related sporting events and activities at the premises, for the benefit of its own

members, as well as for the benefit of the general public (as participants and/or spectators).

The premises has for close on half a century been the Clubs self-established and principal

place of business, as well as its headquarters and its home, and remains as the only facility of its kind

existing in the Western Cape Province.



3. The land was part of the original Potsdam Outspan, Cape Farm 235 (owned by DCC).

After subdivision, portion 2 was sold on 11 May 1953 and transferred to the then Board of Trustees of

The then Metropolitan Motor Racing Trust (Deed 8656/54) and to be held on behalf of the then

Metropolitan Motorcycle and Car Club (“MCC”), and this subject to the title condition (a specific right

and future servitude) that the land “...shall be used only for the establishment of a cycle and car

race track and such amenities in connection therewith as may be required by the club”.

Such stipulation and designation is still in force under the current leasehold, and with respect to the

future usage of the land, currently until 31 December 2022.



4. During 1960, the organisers of the 1960 International Grand Prix at Killarney were not able to pay the

agreed fees to MCC for the use of its Killarney circuit.

MCC then required financial assistance (for reasons not of its own making), and an amount of R40,000

was obtained from DCC and against which it was required from MCC to donate the land back to DCC

(Deed 11103/60) and to accept in return a lease in respect of the land from DCC.

This lease was for a period of 16 years, and the annual rental amount was calculated in such manner

as to provide for the repayment of the loan capital plus interest by the end of the lease period.

The Trustees had the right either to renew the lease, or to buy the land and improvements at the end

of the period and DCC would then re-transfer at a nominal price of R2.00,.



5. MCC experienced financial difficulties thereafter and during the period 1961 to 1963, and fell in arrears

with its installments in redemption of capital and interest.

In terms of a forfeiture clause the loan and rental agreement was cancelled by DCC on 24th November

1964, however MCC remained in possession of the land and vigorously continued negotiating to

protect its considerable financial investment in the land.



6. During 1964 and before the lease was cancelled, MCC again found itself in a strong financial position

and was able to pay in full all its arreared installments, which it wanted to do at that time.

However, and on the strength of advice by a certain Counsellor M.S.Frank, MCC did not then pay the

arrears, because efforts to replace the lease and to convert the loan to a grant had met with the

approval of DCC and was awaiting permission thereto by the Administrator.

Prior to receiving such permission however the notice of cancellation was served.

On receipt of the cancellation notice MCC immediately paid all arreared amounts to DCC and who in turn

accepted such payments (thereby and in effect condoning the breach by MCC).



7. During this time, 7 Clubs in the Region (including MCC, based at Killarney) amalgamated to form

a single club, the WPMC, and Killarney became the Headquarters and Home of WPMC, in

succession.

Title of the land was however not restored to WPMC, and after protracted negotiations and as a result

of certain submissions and in terms of a resolution by DCC on 28 May 1968, permission was granted

by the Cape Provincial Administration (in terms of the Cape Outspans Act) for a long term lease of

the property to the WPMC for a period then of 20 years.

At the same time and by further agreement, the outstanding balance of the remaining debt was to be

repaid by WPMC in eight annual installments, and which it did.

Near the end of the 20 year period the lease was extended and to expire on 31 December 1996.



8. Having established its sevitude in respect of the Killarney property and premises (i.e., its right in virtue

of which the Killarney property and premises is subject to a certain use and benefit and enjoyment by

WPMC and its members, and this specifically for purposes of fulfillment of its own object, motor sport),

a submission was lodged by WPMC, dated December 1992, and wherein it was proposed that the

then existing lease should be cancelled and exchanged with Freehold Title, and that such Title should

be restored to WPMC in Trust as set out in the proposal.

Title of the land was however and again not restored to WPMC, and following still further consultations,

the Cape Provincial Administration again granted permission that renewal of the then existing lease of

the property to WPMC be approved by the Western Cape Regional Services Council (“WCRSC”), and

who then extended the lease for a further period of 28 years, commencing 1 January 1994 and to

terminate on 31 December 2022).

The Administrators permission was granted (once again) in terms of the resolution by DCC dated 28

May 1968, as well as in terms of section 4 of the Cape Outspans Act 17 of 1937, as well as in

accordance with the provisions of the conditions of title contained in Crown Grant No.150 of 1940.

The Administrator furthermore directed the attention of WCRSC to the fact that “....once approval has

been granted in terms of section 4 of the Cape Outspans Act 17 of 1937, it is not necessary to re-apply

for such approval”.



9. The Killarney property and premises has for nearly 60 years and been occupied and in possession

firstly of MCC (1953 to 1965), and thereafter of its successor WPMC (as of 1965) uninterruptedly,

either as Freehold or Leasehold. (Currently as Leasehold as of 1st January 1994).

All improvements to the land to date, including the historic purchase price in respect of the land, had

been afforded and paid for by MCC and WPMC and certain others privately.

The Clubs occupancy and its possession of leasehold tenure currently and in respect of the land is a

vested right, and which is predominant and precedent and would remain rightfully reserved, for

instance in the event of a change of ownership in Title, or of possession howsoever in favour of others.

The value of this possession currently and in its present form and location could conceivably and

reportedly be in the order of R500 Million, exclusive of the value of the business and the goodwill

thereof and associated with the property.

Such private interests remain.

D

CURRENT SITUATION

1. During recent times and under the auspices of the then WPMC Board of Directors for the time being,

and for reasons not apparent, the WPMC executive management apparently took it upon themselves to

start to liaise with the Cape Town City Council (“CCC”) plausibly regarding an early renewal of the

Clubs existing leasehold in respect of the Killarney property. This more than 10 years before the need

for such liason might have arisen.

In view of the aforegoing, such action appears unreasonable and inopportune, similarly the

involvement specifically of CCC, at this time.

As a result, CCC have presented the Club with a document recently and in which certain issues were

raised and which would pose a threat to the Clubs security of tenure, as well as to the future of the

Killarney property and premises and complex, the Clubs primary asset and the wherewithal for/of

its well being and potentially its continued existence.

The writer was not party to this correspondence, and what the executive managements response was

is not known, however the following must be noted:

a) The executive management could instead have lodged a re- submission on behalf of the Club and

wherein application could rightly have been made, under the Country’s so-called new dispensation,

to have Freehold Title restored to the WPMC;

b) The endeavour of the liason can foreseeably result in the existing leasehold falling subject to

cancellation prematurely and in order that same may be substituted, conceivably on basis of a so-

called ‘land swop’ deal or arrangement, and whereby the Club and others may stand to be deprived

of their current occupancy and possession and/or interest in respect of the Killarney property and

premises, and to have to forfeit same and/or the value thereof presently, and this in a manner as to

have such interests, as well as their control thereof being choked off and effectively being nullified,

unavoidably and constructively;

c) The parties to the existing agreement of lease in respect of the Killarney property are the WPMC

and WCRSC (not CCC).

d) The existing agreement of lease may only be tampered with, or terminated prematurely by

agreement between the WPMC and WCRSC (not CCC).

e) Under the new dispensation, the WCRSC would resort under the Western Cape Provincial

Administration (not CCC), and such liaison (if any) should have been established between WPMC

and the Western Cape Provincial Administration (not CCC)

f) The executive management effectively had nothing to discuss with CCC (the effect of which would be

nul and void), and nor could they possibly have had specific mandate thereto from the WPMC

membership and in regard specifically to the subject of such discussions.

g) The existing agreement of lease have commenced on 1st January 1994, and which pre-dates the

advent of the new dispensation;

h) In terms of the current lease agreement, and strictly speaking, CCC would have jurisdiction only with

respect to the following, concerning the Killarney premises:

(i) The levying of charges for any services rendered, including water, electricity, etc.

(The Killarney property is not yet endowed with a modern and integrated sewage system, thereby

also not connected to the main sewage system); and,

(ii) The payment of rates and taxes which may lawfully be levied in respect of the property;



2. Furthermore

Regarding some matters and issues apparently raised in the abovementioned CCC document, the

following is noted in brief:

a) The issue of sub-economic housing is a political issue and is not the responsibility of the WPMC;

b) The issue of job creation for the unemployed is a political issue and is not the responsibility of the

WPMC. Besides, there are other areas in the vicinity and which can serve the purpose;

c) The encroachment by the earth wall upon the adjacent Nature Reserve is not in any way material to

the continued existence of either of the properties, nor does it detract ftom the purpose of the

existence of the properties, or the zoning. The intention clearly was to alleviate, not to annex.

It should be condoned on a basis of applauding the Club for its efforts in acting in the interest of

Table View residents, at great expense and without CCC having to incur cost in that respect.

e) The controlling of noise emmission (pollution) from the property is material to the continued

existence of the Killarney premises in its present form, and thereby the well being of the WPMC in

its present state.

The noise is prevalent almost every day of the week and including Sundays in particular.

The control thereof is a WPMC responsibility, therefor the lack of control symptomatic of continued

and material deficiency at the level of the Clubs executive function, and/or the management thereof.

Generally speaking, a problem can never be solved by the problem.

f) Any attempt at deviation from the status quo would have to be done through the Courts system.



3. Furthermore

The reader may not be aware of the process of prosecution and litigation currently proceeding against

Killarney Driver Training Pty Ltd (“KDT”) by the incumbent executive management of the Club, in name

of WPMC. This process manifested in form of a Summons against KDT, dated 27 July 2011.

If writer’s understanding is correct, WPMC is claiming (alleges) that KDT was in arrears in respect of

certain rental moneys allegedly due to WPMC, furthermore and as a result, to be in breach of

agreement, and based thereon, claiming ‘ejectment’ of KDT and all occupants from the property.

Inexplicably, dates for a Court hearing in respect of this Summons have as yet not been supplied to

KDT, on behalf of WPMC, and the matter therefor remains unheard.

Writer had occasion to avail himself of the contents of certain documentation relevant to this matter,

and believes that the following should be noted:

a) It is common knowledge that the Killarney property and premises is not merely a motorsport complex,

but that all the motorsport facilities on the premises are equally suitable and therefor utilised

extensively for road safety training purposes, through the medium of so-called Advanced Driving

Tuition (teaching, instruction and training) on a daily basis.

b) Since 1988, and in the public interest, road safety training and education day to day has become the

co-primary function of the Killarney premises as a developed facilities centre and complex, and

Tertius’ training unit and their Advanced Driving Training Centre establishment had in fact brought

that faculty to Killarney and to perform that function in-house at the premises as of 1988.

Their role is to carry that responsibility, and to fulfill that function, adjoined to the Clubs motorsport

faculty.

Their presense full time on the premises, unhindered and until 31 December 2022, is in fact an

essential and key element concerning the longevity of the Clubs security of tenure in times to come.

c) On a matter of money, It would seem that the KDT account cannot be in arrears as alleged, and

that they may in fact be paid up to date (since 1988), as per agreement.

Furthermore, that the above mentioned ‘ejectment’ clause in the Summons could in fact be the

primary object in the litigation process .

d) Incredulously, it appear that certain measures which are decidedly delictual had been and are still

being employed and effectuated against Tertius and his unit, as well as against certain third parties,

carelessly under the banner of the WPMC, and prejudicial also to the WPMC.

e) Writer sees conflict coming on the back of this. The situation had better be resolved, in the interest of

all concerned, and in favour of the security of the Clubs tenure of lease.





----------------------------------------------------------------------------



E

THE ‘REVISED’ CONSTITUTION



The adoptation of the Clubs new constitution, rushed into existence a year ago on 21 June 2011 and dispite a prior ruling to the contrary by EXCO, appear decidedly coincident with D 1. aforegoing in particular.



Writer sees rocks beckoning and the Club potentially in need of a life raft.



More on the subject later, if necessary.







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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 12:12 am 
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R500million

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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 12:15 am 
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Oooooh, HKGK...

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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 7:50 am 
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Also received that same e-mail. :shock:

From: My name [mailto:oldguardmember@gmail.com]
Sent: 2012/06/20 15:47
To: Adnaan Daniels
Subject: Ahead of tonight WPMC AGM

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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 8:26 am 
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Sooooo, what does it mean? lol

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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 8:50 am 
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Well its not bullshit if you ask me!! I'll get some info from Elton!!


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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 8:59 am 
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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 9:16 am 
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:eek: :eek:

someone M!!R me with a 5pound on my head .

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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 9:19 am 
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What I don't get is if it's valued at R500mil, why does it look so shit?

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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 9:37 am 
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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 9:51 am 
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But they could in fact declare that amount in terms of compensation!!


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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 9:54 am 
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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 11:59 am 
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Location: /\/¯¯¯¯¯\/\
Response from our chairman:

"Hi all, don't worry about this as of yet.

This individual has been on a demon streak of destruction and evasive action for some time and has gone legal.

Please do not take any of this into account as he is merely trying to find someone to listen to his story.

We are aware of this that took place yesterday and wish for you not to take action in reply or any conversation further with the individual."

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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 12:22 pm 
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2 Bar BOOST!
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Location: Cape Teeeeooooowwwwwn

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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Thu Jun 21, 2012 3:48 pm 
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Location: Institutionalised!!!!
Hier is kak aan die gang!! Alot of intimate information!!!


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 Post subject: Re: Anonymous letter w.r.t Killarney
PostPosted: Tue Jun 04, 2013 10:28 am 
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someone explain this in small terms please.... im currently doing something about it the best way i can.

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POS: Audi 2002 1.8T - 76mm DP, Intake - sw to come
Project: Caddy | 226kw @ 1 bar - 2L 16v Turbo


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