We recently reported that the Tongaat Hulett pensioners’ claim against the company for what they regard as monies owed to them had the final nail put in their coffin by the Appeal Court. But they are not down and out yet. They want to take the matter to the highest court in the land, the Constitutional Court.
The classic David and Goliath battle in which the small but spirited group of about 76 pensioners (or their widows) have had their claim turned down by the Durban High Court last year and then the Appeal Court last month, has been marked by their ‘never say die’ attitude.
After the battering they have received and at a total cost of about R2,75 million, one would not blame them for packing their bongos and going home.
However, their lawyers have come up with a proposal they can’t turn down. The fight has been led by former group directors Bruce Moor and Willem Hazewindus, who say the messages of support they received from pensioners after the failure of the Appeal Court case ‘clearly showed they were with us on this journey of seeking what we saw to be wrong’.
Their advocates are convinced that both courts, to put it bluntly, were wrong. In addition, the courts ordered the pensioners to pay Tongaat Hulett’s legal costs, which could be upwards of R800 000.
So, their advocates want to go to the Constitutional Court on a contingency basis, in other words ‘no win, no charge’. To try to cut through all the legal claptrap, the case boils down to four words: ‘actuarial surplus’ and ‘excess assets’. I have followed the case for two years and have read all the affidavits, judgements and interpretations.
I cheerfully admit that I have been thoroughly confused by the uses of the words, which are central to the case. But then so were the judges, apparently, so I needn’t feel bad.
I know how Alice felt when Humpty Dumpty told her scornfully, “When I use a word, it means just what I choose it to mean – neither more nor less.” (Through the Looking Glass – Lewis Carroll) It is a reminder though, that the choice of words is always important. The use of ‘whatever’ in every situation just doesn’t cut it!
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The municipality recently called for suggestions for the name of the refurbished municipal offices in Leonora Drive. Some might be inclined to called it ‘Miracle Park’, it took so long to finish.
There were a few nominations, some after local politicians, some after local fauna and flora like the ubiquitous ‘amathungulu’ (Coastal Num Num) seen all over our coastal dunes.
The street naming committee has settled on Nokukhanya Luthuli House, in honour of the late widow of Chief Albert Luthuli, resident of Groutville, Nobel Peace Prize winner and past president of the African National Congress.
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Friday started so well and ended so badly. In the morning there was excited talk of development and birth; in the afternoon there was death. The day started with several presentations to the Ilembe Chamber of Commerce on the longterm plans of the largest developers in the region – Tongaat Hulett, Dube Tradeport and others.
The 60 or so people attending were for the most part excited and encouraged by the future prospects for the coast. The outlook was improved even further by pledges from KwaDukuza’s mayor of improved cooperation between municipal structures and developers, though cynics were of the mind to believe it when they see it.
But overall, a very positive morning. On then to the Spar KZN golf day, a big annual event at Umhlali country club where Spar’s suppliers and clients get together for a fun day and to raise money for charity.
Our fourball was myself, fellow Courier director Pieter Naudé, Lee Anthony of the Zululand Observer newspaper and Caxton group media executive Andy Stanton (and also Lee’s godfather).
A big, loveable bear of a man whose broad Scots accent was not dimmed by 50 years in this country, Andy knew everybody and everybody knew Andy.
In the old days he played semi-pro football for Highland Park on the Reef, then Durban City amongst other clubs. His booming laugh was as big as himself and he could always find a good word for everybody.
A rare man. And a great companion at golf, always telling stories and kidding around. Well, we were standing on the 15th green, getting towards the end of the day. I’d just putted in for par.
Andy said ‘Good putt’ – then toppled to the ground like a tree in a forest. We scrambled to roll him onto his side and started CPR. But it was no good. The lights were out.
The medics arrived and went through their whole process, but all they could do was confirm that he was dead of an apparent massive heart attack. The mood in the clubhouse was sombre.
Everyone who knew Andy, had lost a friend. The Spar executives decided there and then that the proceeds of the day, upward of R100 000, was to be donated to a charity of the Stanton family’s choice.
A most generous act. I took away two thoughts from that event. Andy officially retired at the end of July, so he had enjoyed only three days of retirement! Man, how depressing is that!
So, thought No 1 for me is: enjoy every day now, do what you need to do now – there may not be a tomorrow. Second thought is, what a way to go!
No long sickness, no suffering or pain. One moment you’re standing on the golf course, enjoying the open air and fellowship, then you’re gone. Game over.
We will miss you, Mr Stanton.
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One can know a man from his laugh, and if you like a man’s laugh before you know anything of him, you may confidently say that he is a good man. – Fyodor Dostoevsky
