Dear All,

The time is opportune for an update on a number of issues

1. Legal

There are two court applications pending:

(a) The Paddle Ski Club and the PYC (Beach area) are contesting the eviction notices and this is set down for 26/27 October 2017

(b) The other application is brought by Mr Millar (immediate past commodore PYC) and the PYC. Amongst the respondents are PWC, Hilton Kidger, Shaun Lavery, Cuane Hall and Geoff Phillips as well as the DUC and DSBC. In a nutshell Mr Millar believes that the individual directors of PWC named as respondents acted contrary to the Companies Act as it refers to directors and seeks costs against them in their personal capacity and seeks a declaration by the Court that the leases concluded between the PWC and DPDC are accordingly invalid. The clubs’ attorneys have been instructed to oppose the application on behalf of the clubs’ as well as the representatives of the clubs’ on the board of PWC.

In addition, the application claims that the actions of the representatives of the clubs’ amounted to a disposition of PWC’s assets which can only apparently relate to the loss of any right that the PWC may have had to rely on regards ownership of land arising from the agreement concluded in 2008. There is some question as to whether or not the 2008 document is in fact an agreement or nothing more than a Memorandum of Intent. I am sure this issue will feature in the case.

Strangely however, against the background of Millar wanting to approach the Court to make an order to force DPDC to sell land to PWC, their senior counsel has at the same time made an approach seeking to settle the matters between the four clubs which approach includes PYC and DPSC entering into their own lease arrangement with the DPDC independently of PWC, DSBC and DUC.. Quite strange don’t you think??

How does the age-old saying go——-I want to have my cake and eat it?

This is not propaganda, we have correspondence confirming the above and such proposal is alluded to by Millar in the above applications.

In these negotiations, the PYC have openly stated that they cannot see themselves living in harmony with the DUC/DSBC. Given this, it makes so much sense that they go on their merry way and create their own future. These plans seem to be already afoot. PYC have advertised a special general meeting to cater for additional water sports activities within their constitution, namely paddling and boat fisherman. We have been informed that an application has been tabled for PYC to become affiliate members of the NDSAA to support deep sea angling out of the PYC club. This is a parallel to DUC applying to be a SAS (South African Sailing) affiliated club, which we believe was lobbied against by certain existing SAS members. Should you want to query why this application was set aside, kindly make enquiries at the local SAS office situated in the PYC premises.
It is clear PYC want to be an independent, competing club to the DSBC and DUC without participating through PWC.

2. A big question on most of our minds is when do we vacate our club?

Hinging around this question is what happens if the first court case drags out in the courts, and will this delay our departure?

Firstly we, that is the DUC/DSBC via the agreement between the DPDC and PWC are obliged to move as and when the temporary site is ready for occupation. This will probably be around end October early November. If we were to delay our move because of a court case that is not our fight, this would not be viewed in the spirit of the agreement, and we would not be acting in good faith.

Against these statements, it is quite clear from discussions just yesterday with the DPDC that they intend moving ahead with the construction even if the PYC remain in the beach clubhouse.

We are however mindful of the fact that should the application to declare the leases invalid succeed it would mean that DUC and DSBC were in occupation of the temporary lease premises without a valid lease. We will be discussing such possibility with DPDC to ensure that there is a fallback position for the clubs in the event of the leases signed at present, being declared invalid. We are taking legal advice on this aspect and will keep our members informed.

3. Staff

There has been concern about the place of the DSBC staff in the united clubs. Please be assured that their places are being considered. There will be changes to operating hours to integrate the staff from DUC and DSBC into multiple shifts so nobody will be out in the cold.

As we all know our staff are more than just employees———–they are a most valuable asset in the DSBC Family—-and many have special relationships with our members that visit regularly.

Whilst there will be restructuring, and that may mean some staff working different hours and handling different responsibilities, our own will be cared for!

4. Working Team

For your information, a “working team” consisting of members that are not necessarily on the committee have voluntarily come together to help handle the many challenges that we face going forward.
Whilst we don’t want to single out any individual we are fortunate in having Richard Cooper, of Cooper and Associates helping us with detail drawings and visual concepts.
Likewise, other portfolios are HR, Marketing (includes DSBC Festival etc), Communications using social media. Our thanks go to Matthew Hancock, Max Cardona, Mark Setterberg, Andy Brown and Robbie Loumeau who have spearheaded the formation of this body. Its aim is to be objective in getting the best for our members in these changing times.
Onwards an Upwards!!!
Tight lines—-Committee

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