D.GOUWS INC
GOUWS ATTORNEYS
Reg. No. 2002/010765/21
TIA
TELEPHONE: (041) 373 0037/8
TELEFAX: (041) 373 5531
136 CAPE ROAD MILL PARK
PORT ELIZABETH 6057
D.GOUWS: 082 8580 777 (CELL)
1. SCHEFFER: 082 455 2497 (CELL)
P.O. BOX 27666 GREENACRES 6057
E-Mail: mva@dgouws.co.za
E-Mail: admin@dgouws.co.za E-Mail: civil@dgouws.co.za
6 April 2016
GEORGE MALGAS & ASSOCIATES CC ADV CROMPTON
Dear Sir
RE: ENDTIME LIGHT CHRISTIAN ASSOCIATION
1. I refer to our Adv van Rooyen's letter dated 23 March 2016 to your Adv Crompton as well as Adv Crompton's letter dated 30 March 2016 in reply.
2. I also refer to Adv van Rooyen's telephonic conversation with your Adv Crompton on 5 April 2016.
3. Notwithstanding our respective counsel setting out to negotiate and reach agreement on voter eligibility criteria as understood from the 1978 Church Constitution, please note that it is our instructions that instead of debating such criteria further the Church will proceed to prepare a combined list of all persons who were members of the Church as at 20 January 2013.
4. The Church will use, as its basis, the members' list attached to the Court papers of Mr Adriaanse but with certain additions and deletion of names.
5. This Church membership list will then be forwarded to you for consideration.
6. We trust that this suggestion will find favour with your clients, notwithstanding its deviation from Judge Smith's ruling that all present members of the Church should vote on whether to discipline Pastor Twynham or not.
7. The basis of the above suggestion [based on "a point in time" criteria as opposed to a "compliance" criteria] is to avoid any disagreement there might still arise [and a resultant delay] in fully defining those voter criteria and also how a person might prove that he/she has complied or substantially complied with any or all of those criteria to be eligible to vote at the general meeting.
8. It is believed that the Church's suggestion above will obviate the need for settling affidavits or even questioning of persons to determine their eligibility to vote and the resultant wasting of time that such a process might have.
9. The above suggestion does however require that all parties accept that certain eligible persons will not be able to vote at the general meeting merely due to their recent joining of the Church and despite them fulfilling all the requirements set by the 1978 Church Constitution.
10. The Church will work to have their combined list ready for submission by Thursday the 7th of April 2016.
11. We trust your client can reply thereto in good time and by no later than Tuesday, 12 April 2016.
12. We further anticipate that settling the combined list might cause the proposed weekend vote of 16 to 17 April 2016 to become unworkable due to lack of sufficient notice to members.
13. Please take instructions on agreeing to have the vote take place the weekend thereafter, namely the weekend of 23 to 24 April 2016.
14. We also repeat our earlier call that proof be furnished of the Concerned Believers' payment into the trust account of Mr Malgas of those amounts alleged to have been collected as tithes\offerings from its supporters and that we be told of the amount held.
After all, these monies belong to the Church.
Yours faithfully JEANNE SCHEFFER
DIRECTOR: DANIE GOUWS
PERSONAL ASSISTANTS: JEANNE SCHEFFER, PATRICK JAJI CANDIDATE ATTORNEYS: MALAN DE BEER; RIHANDA STRYDOM