The Mpumalanga High Court has overturned the exclusion of chartered accountant from the Mbombela Golf Club.
This comes after an exchange of derogatory comments during an estate meeting (Matumi Golf Estate) which resulted in Gerhardus Jacobus Ackerman’s permanent expulsion from the golf club.
Ackerman informed the court that he lived at Matumi Golf Estate for 25 years. He was a member of Mbombela Golf Club from 2000 to 2016, during which time he captained the group from 2013 to 2015.
Insults fly
In court, it was disclosed that in 2016, at a club meeting, one of the club members insulted Ackerman’s wife while she was going over a document.
Feeling offended by the remarks, Ackerman replied to the member with disparaging remarks.
“He was subsequently found guilty at a disciplinary hearing of behaviour unbecoming of a member of the club. He appealed against the conviction and expulsion, but later abandoned it.
“As a result of his expulsion Ackerman was banned from playing golf on the estate, attending homeowner’s association and general meetings as these were held in the premises of the golf club.”
Eight years later, in accordance with clause 8 of the constitution, Ackerman submitted an application to be re-admitted as a member of the club, however, in September 26, 2023, the golf club rejected his application.
Application in direct breach of constitution
“As previously communicated to you, your application for membership is in direct breach of the club’s constitution in terms of clause 18.7 which reads: after the hearing and or investigation of any complaint as to the conduct of a member, the vice-captain, or in his absence, a nominated management committee member shall have the power to expel such member, such member shall be ineligible for re-election forthwith and all monies paid to the club by him shall be forfeited.”
Ackerman contended that based on the content of the club’s letter that his application was declined due to the fact that he was expelled in 2016.
Acting Judge Msibi said the rejection of the Ackerman’s application for re-admission failed to comply with both procedural and substantive grounds.
“The decision taken by the management committee of the respondent on 26 September 2023, in terms of which the application for membership by the applicant was rejected, is reviewed and set aside.”
Msibi further ordered the club to pay the costs of the application on the scale between attorney and own client.
