'Life or death situation' for Joost - lawyer

2016-09-23 18:16
Joost van der Westhuizen

Joost van der Westhuizen (J9 Foundation)

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Pretoria - Former Springbok scrumhalf Joost van der Westhuizen was on Friday granted an urgent order allowing him access to money in his former attorney’s trust fund, despite appeals by the Attorneys Fidelity Fund.

Pretoria High Court Judge Lester Adams also rejected the fund’s bid to appeal against his previous judgment, with costs.

Adams said he would not suspend his previous order, handed down on September 14, that Van der Westhuizen get access to the R385 665. This meant that even if the fund decided to launch another appeal, the money still had to be paid.

Van der Westhuizen brought Friday’s application because the fund indicated it would appeal Adams’s earlier order.

The money was kept in the trust account of his former attorney Robert Klinkenberg, who was found dead in a veld in Magaliesberg in December 2015.

Van der Westhuizen has motor neuron disease and needs the money to pay for his treatment.

The fund argued that should it be ordered to pay out, it would face irreparable harm. Van der Westhuizen's attorney Japie Cilliers argued that he would face irreparable harm if he did not get the money.

In his affidavit, Van der Westhuizen said he "could be dead" by the time the matter was resolved.

Failure to get the money urgently would probably lead to his death.

"This is really a life or death situation," Cilliers argued.

Therefore, Van der Westhuizen asked for an urgent order that Adams’s judgment remain in force, even if the fund appealed.

The fund earlier said that although it understood the rugby legend's situation, the law could not be applied selectively.

Read more on:    joost van der westhuizen  |  healthcare

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