Outcome of Public Meeting

Attendance:

1.     The meeting was attended by at least one representative of each club active in the Garden Route, as well as some pilots who clearly recorded their non-affiliation to any current club structure. Two landowners attended personally, whilst a total of 7 others recorded their inability and apologies for not being able to personally attend, their interest in the meeting and their requests to be informed of the outcome and results of the meeting.

2.     Other stakeholders such as SANPARKS/Forestry and the local tourism authorities were informed prior to the meeting that a potentially complex working session could be expected, that would probably not be directly relevant to their current interests, and they accordingly requested to be kept abreast of developments and to be engaged with again when there is a body able to do so on behalf of the broader Garden Route paragliding community.  The local tourism authority recorded their position and conditions for direct cooperation in writing, prior to the meeting.

Matters of Record:

1.     Cobus Potgieter recorded the means of communication employed to get the local paragliding community at large to be aware of the proceedings, the fact that an independent chairperson was not arranged for in time and that the originally proposed minutes and over-all format of the meeting would need to be amended to accommodate the practical circumstances of the meeting and the objectives of it. The meeting proceeded on this basis, with no objections recorded.

2.     Cobus Potgieter also recorded the facts and offered those present the opportunity to peruse the pertinent documents, relevant to the recorded positions of both SAHPA and RAASA in respect of support for the meeting and the specific need to resolve the matters at hand and, most specifically and urgently, the issues pertaining to Mr Claus Martin.

3.     Mr Martin was given the opportunity to address the gathering, there was considerable debate conducted and a clear understanding arrived at. In essence, the Record of Understanding negotiated and as further supported by a Notam, as well as practical engagement by the paragliding community at large, would see Mr Martin cooperate with us and not proceeding with legal proceedings.  He was emphatically clear though, with reference to some facts that he recorded and which were verified by a number of the other parties in attendance, that he would not be prepared to enter into an agreement or arrangement with a single club and particularly not Skywings Paragliding Club, and that in the absence of an agreement with a credible body, he would be proceeding with measures to have the Beach Hotel launch site closed by RAASA.

Matters Emanating from Debate:

1.     A period in excess of two hours were spent by those in attendance to debate the matters at hand and to attempt to arrive at a constructive  point of departure to address some of the challenges faced collectively, options as to processes that should be followed, time-lines within which we could attempt same, and the like.  Informal notes and a recording of the proceedings could be made available to interested parties, if requested in writing and agreed to by the majority of those in attendance.

2.     Some inescapable conclusions emanated from this debate and these are essentially that the current scenario cannot be allowed to be continued if we hope to be able to rescue sites from RAASA sanctions as a result of a failure by us to get a legitimate structure in place to deal with these matters, to engage with other stakeholders such as tourism bodies and SANPARKS/Forestry, and to introduce capacities such as site management systems to the sport in our region.

3.     The following matters were briefly, some very briefly indeed, touched upon as headlines of issues that would need to be resolved upon, reflected below in no particular order:

SITE MANAGEMENT SYSTEM

Need or not

Payment facilities & procedures

Responsible bodies

Process re objectives, budgets and decisions

NEW STRUCTURE

Yes or No

Name going forward – Garden Route as brand or not?

Format of structure going forward – new versus a Skywings, per example, lengthy inputs and some commitments re Skywings

Membership and Stakeholder communication and engagement

CONSTITUTION

Management structure(s)

Representation of commercials, landowners, stakeholders

Discipline - structures and procedures

Safety - structure and procedures

Due diligence matters, audit of pilots and sites, financials, communication procedures, etc,.

DISCIPLINARY PROCEDURES

Local structures

Procedures going to SAHPA and RAASA

Current vs new structures nationally

Nett Outcome:

The meeting had met with time constraints by this time and also a natural and practical limit as to what could be furthermore dealt with at this stage.  The following proposal was submitted by Cobus Potgieter, debated for some time and then with all possible uncertainties having been cleared up, adopted by all:

1.     That SAHPA  be requested to appoint an uninvolved person to act as Convenor, read ‘post box’ and/or enforcer, for the purposes of conducting a process that will render an accurate picture of sites, pilots, club membership for the purposes of starting with a clean and legitimate slate as a sport, given historical misrepresentations, misunderstanding and disputes.

2.     This Convenor also to act as point person and upon the instruction of this meeting and with specific reference to the matters of record and those emanating from the debate – as above, in the matter of Mr Claus Martin and to conclude and oversee the implementation of the Record of Understanding (Also the NOTAM), pending the establishment of an agreed body in whatever form to represent the broader Garden Route paragliding community.

3.     That the Convenor, as proposed, guide the debate and the formal processes of engagement with members of the broader Garden Route paragliding community to arrive at a preferred structure to address the matters raised in the above.

4.     That the Convenor be mandated to immediately deal with matters and conduct that would seem to endanger the reputation of the sport and its’ membership, in respect of disciplinary procedures.  Practically, if events should occur where the sport seems to be brought in disrepute, for this Convenor to immediately bring the appropriate charges and deal with the matter in an expedited manner, MOP and other regulatory frameworks permitted.

5.     The appointment of the Convenor to be done immediately and processes described to be concluded with 30 days from such appointment.

Response to Borrett/Skywings Statement

The Management Committee

Skywings Paragliding Club

                                                                                                                                 28 November 2011.

CC:

SAHPA

RAASA

FINALLY – THE BORRETT HAND IS SHOWN

1.      I refer the message communication posted by Deon Borrett on the Skyzone Groups on 27 November 20011, pertaining to the launch sites and the public meeting in the Garden Route.

2.      Kindly note that this communication is submitted with full reservation of rights and that any item not dealt with specifically in response should not be construed as us being in agreement or dispute therewith, it is simply not deemed as requiring of a reply in the context hereof and we reserve our rights to respond thereto in appropriate circumstances.  This is particularly pertinent to the fact that this document is submitted in both the personal capacity of Cobus Potgieter and that of him as co-opted member of the Interim Working Committee pursuant to the events of 25 February 2011, and specifically the public meeting held on that date by the Broader Garden Route Paragliding Community.

3.      Further in terms of matters of process, we request that Skywings Paragliding Club clarify whether the communication as published by Deon Borrett is a reflection of decisions and thus mandates of the said Club, or not. This will obviously have a direct bearing on court and other legal proceedings emanating from this  communication and we request that this kindly be clarified by end of business on Tuesday 29 November, failing which we shall unfortunately have no other choice than to cite your club for the purposes of High Court  application documents, and eventually, in claim proceedings. The application proceedings are obviously of an urgent nature, given the timelines set by Borrett himself and the potential prejudice to the paragliding community at large.

4.      In the interests of both general sanity and the legal and disciplinary proceedings that will follow of necessity, we record the following matters of fact in response to the Borrett communication:

a.      The scheduling of the public meeting was done exactly to accommodate the event- and activity schedule of the Skywings Club, as published by your Chairperson shortly after the election of the new Committee and case-in-point being your social competition held on this past Saturday, 26 November 2011. It would in fact have happened earlier and then we re-rescheduled so as to not clash with any of your event dates. Mr Maurits Lammers had to twice move the dates, per arrangement with the George Sports Club. Furthermore, this coming weekend is the last weekend of 2011 wherein a meeting such as this could feasibly be scheduled, as it was clearly put by the other members of the broader paragliding community with whom we consulted about this matter.

b.      Members of Skywings Paragliding Club have participated in the other proceedings of this nature, so attending meetings, submitting documentation and proposals. This was done in pursuit of the objectives broadly identified in the George meeting of 25 February 2011 and as fleshed out subsequently in various meetings and communications.

c.      A variety of other individuals, local organisations and interests groups have also made inputs and shown interests in collaborating with the Broader Garden Route Paragliding Community to achieve the objectives of establishing a collective Umbrella Body for Paragliding that will position us to gain access to capacity in terms of financials, media and other resources, in order to for Paragliding to take its’ rightful as place as the pre-eminent and paramount sports tourism capacity of the Garden Route.  This includes SANPARKS, local authorities, tourism authorities and various media groups, not to mention possible national sponsors.

d.      Landowners or controlling persons/organisations of current and possible new launch/landing sites have been constructive about participation in the public meeting processes and some will be attending the proceeding of this coming Saturday at 08h30, 3 November 2011, at the George Sports Club. Those who are not able to attend recorded the request that the minutes of the meeting be sent to them.

e.      The matter of Mr Claus Martin and his complaints regarding the conduct of some pilots and also some previous office-bearers of Skywings Paragliding Club refers and also the fact that subsequent proceedings coordinated by writer (Cobus Potgieter), and wherein Skywings Paragliding Club participated in and specifically in the persons of Deon Borrett and your present chairperson, resulted in writer being mandated to negotiate with Mr Martin. These negotiations were successful and only the formalities of signing a Record of Understanding, the content of which we have already agreed upon, need to be completed. Given the content of the Borrett communication, this process could now be deemed null and void, which would conceivably result in RAASA proceeding with the threat of closing launch sites as a result of the sport being brought into disrepute.  Accordingly we send copies to both SAHPA and RAASA of this communication, for their comment and action, and specifically because the impact of your Committee member’s communication would be that there is no mandate for writer to play any part in the Martin processes.

f.       Both the people who seem to be the focus of the Deon Borrett and Skywings Paragliding Club attack, so Mr Maurits Lammers and writer, have on numerous occasions recorded their willingness to follow the decisions of the broader collective, and specifically also if this means that any particular current structure – such as Skywings Paragliding Club, for instance – would be formatted as the preferred vehicle for the stated objectives, and thus be shown to be in good standing as far as financial affairs, constitution and the like are concerned and so as to be able to be the vehicle for the pursuit of the development objectives, as recorded earlier. The Borrett communication on behalf of your Club seems to have taken this off the table as an option, and we shall accordingly make the adjustments in our process documents for the meeting of 3 December 2011, where required.

5.      We deem this communication of ours, specifically as response to the communication by Borrett and in view of its’ far- reaching impact and potential prejudice to the interests of the broader Garden Route Paragliding Community, other tourism product owners and tourism promotion agencies, to be in the public interest and will deal with it as such, in terms of a distribution list. In order to put matters in clearer perspective for people and organizations, we place the flowing on record as terms of reference and we do so after consulting with a number of prominent people in the local paragliding community:

a.      During the previous 15 to 18 years of paragliding club activity in the Garden Route  no initiative aimed at creating mainstream tourism and sport event activity and prominence for the sport of paragliding, as the current one, have been attempted. The sport and its’ local structures in the Garden Route have become known for fractious relationships, continuous conflict between commercial operators and also conflict between the interests of some commercial operators and the recreational pilots.

b.      A number of statements regarding the capacity of the Skywings Paragliding Club that have been attributed to and in fact recorded on paper by Deon Borrett have been proven to be incorrect, as is now confirmed by his latest statement and the subject of this communication of ours.  We point to the earlier averments about Skywings Paragliding Club being in charge of 34 sites in the Garden Route and having in excess of 100 members, compared to the current statement by Borrett that effectively 4 sites and show 40-odd members.  By basic and necessary deduction, the Borrett statement that the proceedings of Saturday, thus the public meeting, will only involve 10 % to 20 % of the local paragliding community is a blatant misrepresentation.

c.      This is a recurring trend and is clear from documents referred to in earlier stages of the current processes and some of which have been filed as part of earlier disciplinary proceedings.  An example of the previous employment of this strategy and where great damage was caused to the interests of the broader Garden Route Paragliding Community and tourism in the Garden Route in general, would be where Gericke’s Point launch site was closed for non-Skywings members and thus for commercial operators other than Borrett and direct associates himself. This led to future international tour groups being jeopardised or actually not happening, inland pilots not wanting to visit the Garden Route, etc.  Another recurring part of the strategy is to cause conflict by randomly doing personal attacks on other members of the local paragliding community, so as to divert attention, as can be attested to by many local members and of which the current attacks on Mr Lammers and writer are good examples.

d.      The current Borrett proposal regarding launch sites and the financial arrangements would recreate an earlier set of events in terms of more than just the usurping of control of launch sites by Borrett and the causing of conflict to avoid the merits of a situation being objectively scrutinized by the public at large or the controlling bodies of the sport. A substantial amount of money is still unaccounted for and which was collected for ostensibly the same purposes as those now being presented. It is also a known fact that the pertinent financial details have not been made available in any form or manner, and the pertinent financial statements for Skywings Paragliding Club would be the only legitimate and acceptable record of that and the proposal will be tabled that this be formally requested, during the meeting of Saturday, 3 November 2011.

6.      We look forward to your response, and particularly in respect of the Borrett communication being mandated by Skywings Paragliding Club or not.

Signed – Cobus Potgieter

Borrett/Skywings Statement re Meeting/Potgieter/Lammers

This was posted and then further circulated.  

----- Original Message -----

From: sa paragliding adventures

To: skyzone groups

Sent: Sunday, November 27, 2011 5:13 PM

Subject: Skywings sites - membership

With the logistical problem we have in trying to get the Garden Route System up and running it may be easier to make the following sites Skywings members only and solve all the logistical problems like bank account , paperwork , and new documents to be made .

My suggestion is we ask the Beach Hotel , Gerrickes Point , Serpentine and Goosevalley to become Skywings members only and that persons who want to fly there must join the club . Each member will get a sticker and a card they can apply online and pay into our account . We will keep the funds from Foreigners and non locals for Maintenance and site improvements . Just keep a separate ledger to track how we spend that money . We will also allocate a percentage of budget for Sedgeview and Map of Africa so as to be fair . The rest of the sites will remain as they are now . This way we raise monies and its simple without legal wrangle of trying to form another company , body and then trying to raise money for a fund .

Please think about my suggestion and get back to me by Tuesday with suggestions or objections . No replies will considered agreement then I will see landowners on Wednesday and get agreements drawn up .

The Garden Route circus of Maurits , Cobus Malema have suddenly wanted a meeting 3rd December,  with just 1 weeks notice to basically decide the fate of the Garden Route paragliding while only representing 10- 20% of the Garden Route ? Do you want us to attend ? I personally say we will send a rep . or two but don’t commit to anything just politely listen and carry on with what we want to do .I have a feeling they up to something again ; hence the short notice .

We have now basically paid up members about 43 but there is more that will join and who were members and have just not paid . I reckon another 7-10 members will join shortly . We are the biggest club in the country with a active plan and a purpose I don’t want to get involved again with guys that want to derail this process of one big happy club and a fair system for the majority . I just don’t see Maurits or Cobus buying into our club and that ok as well let them form another club join Roys club or Rolands that’s the way of the world we cant make everyone happy or like us .

I just want to encourage every committee member to do all you can to build this club , criticism is good but until you have done your best and really put some man hours and invested some of your soul into this selfless task you cant be to critical . When the club has reached a certain critical state then all things we be running smoothly until then its going to hard thankless graft . We can with a bit of hard work create a lasting club with a rich history and culture and you can have some pride in doing something for the community . So lets get of our high horses and shovel shit for a few months and make a club that stands with pride , dedication and honor  .

Cheers Deon

--

PUBLIC MEETING

of the

BROADER GARDEN ROUTE PARAGLIDING COMMUNITY

WHEN:            Saturday

                 3 December 2011

                 08h30 to 11h00

WHERE:        George Sports Club

PREAMBLE:

The terms of reference for the meeting are essentially the same as for the first meeting in this process, which was held at the same venue on Friday, 25 February 2011, but with the matters at hand being more crystalized as a result of on-going communication between members of the community in the interim. These are hopefully reflected in the proposed agenda, as shown below.

PROCESS:

Attendees are requested to confirm their participation to Maurits by e-mail (Lammers@mweb.co.za) or telephone (082 4487985);

Prior inputs re matters in general or specific agenda items can be posted on the blog that is to be found at www.gardenrouteparagliding.blogsport.com and it is requested that these be submitted by Thursday, 1 December 2011, in order to include same in the material that will be used during the meeting;

The meeting is open to all local stakeholders and pilots, as well as some observers from other areas and industry bodies that have indicated their desire to attend. Some local landowners have also indicated their willingness to constructively participate in the proceedings.

PROVISIONAL AGENDA:

1. 1.     Registration
2. 2.     Welcome address and scene-setting by an independent chairperson, person yet to be confirmed, nominations welcomed
3. 3.     Process outline and summary of proposals and inputs received – M. Lammers
4. 4.     Opportunity for people who submitted proposals to render more perspective or motivation – 5 people at present, 5 minutes each as target period
5. 5.     Matters/ Opportunities not dealt with in proposals received thus far – C. Potgieter
6. 6.     Matters of Process -  proposed scoping of the sport in the GR, options re new structures and their constitutions, benefit scenario at hand – C. Potgieter
7. 7.     Stakeholder/Observer inputs – SANPARKS, landowners, APEX bodies, others
8. 8.     Any other business
9. 9.     Management Board nomination procedures
10. 1.  Future arrangements
11. 1.  Departure for Launch Sites

URGENT MATTERS - PLEASE POST YOUR COMMENTS

Hi All,

A relatively urgent set(s) of matters/issues have arisen over the past weeks and required some actions and processes to be conducted, so as to avoid access to some of our most prized flying sites being compromised.  This post hopefully will bring you up to speed as to those matters, and also as to some of the proposed coming steps that are to be conducted within the next 30 days.

Kindly peruse and comment upon the document/content below titled 'Declaration of Fact and Intent, as soon as conveniently possible. This is a chance for you to participate and influence our collective way forward, so please spend a bit of time on letting us have your thoughts.

The responses received per e-mail, telephone and SMS thus far have been extremely positive, no negative comments thus far – but it is still a work in progress and will remain so until such time as enough people have made contributions, and can also certainly be improved upon and we hope to receive your inputs here on the Blog or as responses to the mail sent, or whatever means you find most convenient.


Here is the document/content referred to in the above then:

DECLARATION OF FACT AND INTENT

by the

BROADER GARDEN ROUTE PARAGLIDING COMMUNITY

12 September 2011.

PREAMBLE:

The need for this document and its’ underlying processes were occasioned by a number of factors, which  culminated in the risk of a variety of sanctions being applied by the APEX bodies (SAHPA, RAASA, CAA et al) relevant to the sport of paragliding in the Garden Route, including closing down of some of our most valued and prized launch sites.

The compilation hereof was done through both formal and informal processes, the point being that inputs were received from as a wide collective of individuals and organizations forming part of the broader Garden Route paragliding community as feasibly possible, under the circumstances.

CRISIS STATEMENT AND AVERMENTS:

A.     It is averred that the sport of paragliding has been or is being brought into disrepute by actions or failure to act by members or bodies, read clubs and committees, of the broader Garden Route paragliding community.

B.     Questions have also been raised and formally recorded regarding the active management of the sport in the region and particularly the capacity to deal with safety matters, site management and relationship management with relevant stakeholders such as landowners, local authorities, and the like.

C.     There is unfortunately also a body of accusations and rumours being bandied about, disregarded in the remainder of this document, which should be dismissed with the disdain they deserve and suffice it to say that these are pertinent to individuals who have been flying as rogue pilots and do not form part of the membership or responsible club structures of the broader Garden Route paragliding community. The individuals and their actions are thus not attributable to us, they do not fall under our responsibility, nor jurisdiction. Accordingly, their actions and status stand to be addressed in civil and criminal law procedures by the offended and/or responsible parties.

PERTINENT MATTERS OF CONCERNS TO BE RESPONDED TO:

1.      Recent accidents and related required processes or procedures – Sedgeview, Wilderness, others;

2.      Landowner relationships and concerns – various;

3.      Lack of due process being followed in various instances;

4.      The absence of the required bodies/fora and/or related processes with the required support or legitimacy to rightfully represent the broader Garden Route paragliding community.

FACTS RECORDED IN RESPONSE TO AVERMENTS AND CONCERNS:

The items below are recorded as matters of fact and are open to verification by reference to documents circulated to the bodies referred to in the above, the broader membership of the Garden Route paragliding community and that have also been published and made available for public perusal and comment on www.gardenrouteparaglding.blogspot.com.

In addition to the items as listed below, regard in conjunction should be given to the Matters of Intent as recorded further down herein. The specific items we wish to record are:

A.     All reasonable requirements of due process have been complied with in respect of matters pertaining to dealing with concerns raised by landowners and the essential capacity is in place to deal with these matters expediently and diligently in future, as will be borne out by the process conducted thus far and those that will be concluded shortly in respect of the Martin matter in Wilderness;

B.     Reporting procedures and other formalities in respect of accidents and incidents, also re general safety matters, have been subject to broader processes aimed at a positive reconstruction of the broader Garden Route paragliding community. In short, alternative and less formal or structured procedures were followed by necessity in the recent past, than which is the norm. It is recorded that as of date hereof, there are no matters outstanding per our knowledge and if there should be, that these would be able to be adequately addressed by the bodies that will emanate from our reconstruction-in-process, as referred to in the above and in more specific terms, below;

C.     Substantial compliance with the reasonable requirements of due process and democracy have been complied with in respect of the reconstruction of the broader Garden Route paragliding community and we are now able to move forward with the processes and formalities that would be required, and within the timeframes recorded in the Matters of Intent, as below.

MATTERS OF INTENT RECORDED:

A.     The capacities and structures established during the course of dealing as a collective and paragliding community at large, with the Martin (Wilderness) matter, will be further packaged and then employed to liaise constructively and on an on-going basis with the complete stakeholder community pertinent to launch and/or landing sites;

B.     The responses and inputs received thus far regarding the recent accidents/incidents/concerns will be collated and presented as part of an information package, during the public meeting and workshop  referred to in the below. Per example, the inputs received from Deon Borrett and others in response to the Wilderness incidents, could be work-shopped to become part of local operating procedures.

C.     Within the next thirty days from date hereof, the public meeting aimed at the reconstruction or affirmation of current structures of the broader Garden Route paragliding community will be held, which will serve to address the comprehensive body of matters touched on in the above. As a minimum resolutions will be passed as to the representative structure(s) of leisure pilots, commercial operators, safety and conduct committees, general launch/landing site management protocols and systems, constitutions and Manuals of Operations, etc. A vast body of research and international precedents have been assembled over the preceding few months and this is available to all concerned, to assist with these processes.

RECORDING OF PROCESS – THIS DOCUMENT

This document has been compiled, mostly as mere narrator of inputs received, by Cobus Potgieter and in response to specific requests by Wayne Heuer, Chairperson of SAHPA, to facilitate in respect of the Martins matter and matters subsequently arising from the recent events in Wilderness and elsewhere in our region.

It accordingly has no official standing until such time as having been perused and or commented upon by a substantial part of the broader Garden Route paragliding community and we thus have distributed this, as a bare minimum, to the members who became involved and participated in the processes followed and capacities established in respect of the Martin matter. It is recorded that these were deemed, without fail, as legitimate and credible by the community at large and also the relevant APEX structures. It will also be published for community perusal and comment on www.gardenrouteparagliding.blogspot.com , as from 13 September 2011.

Distribution has been completed and comments will be collated and or adjustments made as they are received, and the final version will be confirmed by Cobus Potgieter as such, per e-mail.

END

Meeting held re complaint from Wilderness land owner

COLLECTIVE COMMENTS – MEETING RE MARTINS (WILDERNESS LANDOWNER) ISSUE

A meeting, incorporating a ‘fly-braai’, was held in Sedgefield on Wednesday evening (3 August 2011) and the comments, also insights and recommendations, are shown below from the people requested to do so (Deon Borrett, Charles Verschuur, Roland De Vries). I also attach the documentation used during the meeting, in an attempt to get everyone up to speed.

Kindly note that these are each person’s own take on the proceedings and no formal minutes were taken, and we recommend that all comments be seen as a consolidated collective, and that the following be seen as the cornerstones of what was established (Note that writer, Cobus Potgieter, added own inputs to those of the others in respect of matters dealt with during the meeting):

1.      A meeting with Mr. Claus Martin will be held asap;

2.      The meeting will be attended by  not more than three paragliders, from our side;

3.      We shall compile an agenda prior to the meeting;

4.      The position we shall adopt is one of giving an informed view of the facts and the legal background, make our own position clear as having followed due process as a community/collective, as being prepared to make some arrangements to attempt to address his objections but without compromising our rights or setting compromising precedents. Any arrangements that may be agreed to, are to be confirmed in a Memorandum of Understanding;

5.      SAHPA et al will be engaged with for the purposes of establishing a body of information or guidance, so that similar instances can be dealt with more expediently;

6.      The ecosystem bodies relevant to paragliding in the Garden Route will be approached to garner and record their support for the sport in the area as tourism asset and revenue generator.

Herewith then the messages received from the gentlemen referred to in the above, in the order that they were received:

Deon Borrett:

Hi there

The meeting was well presented by Cobus who gave us the finer details and put into clear words what we all felt was the facts . He provided us with a framework to work from and the related answers to be given to RAASA and Mr Martins . Well done Cobus . The meeting was well run and attended and a lot was achieved in a short period of time .

Summary is that the sites like Wilderness Beach Hotel or Skywings club is not liable or responsible for the flight route of pilots who are (according to the information provided to us from legal perspective) flying past Mr Martins House . We don’t have authority to sanction any pilot for this so called transgression as according to all laws available they are acting within the law . The complainant Mr Martins has the right to take the matter to court and sue get a interdict against these individuals but the grounds of this case are not based on any concrete laws .  

The  result is we will meet with Mr Martins and pass on all the relevant information that we have in a open and transparent manner . Where we can we will see if we can assist the landowner in his request but we cant make any precedents as this would effect all the sites and the rights of the whole paragliding community .

The Ops and procedure does not provide enough legal framework for the Skywings club or SAHPA to sanction or punish any pilot in this case  . Mr Martins must take these matters up directly with the so called offenders directly . If Mr Martins actions leads to CAA  stopping paragliding activities then he may be liable for loss of earnings from commercial operators and hotels and BB that earn revenue from these activities if this was action was not justified .

The conclusion of the meeting was to have another meeting with Mr Martins with one the following persons taking part .

Deon Borrett ( Skywings )

Cobus Potgieter

Kerin Trusler if available otherwise another member .

The date will be set so all parties can attend and hopefully we can reach a happy ending .

Cheers all .

Charles Verschuur

Hi Cobus,

Herewith some feedback regarding the points raised at the meeting last night.

Firstly, many thanks for the effort you have unselfishly put into this matter which is to the benefit of all persons who enjoy this wonderful sport.

I believe that your approach towards addressing the Mr. Claus Martin issue is exactly what is required. 

From what you have shared it appears obvious that there is a huge lack of knowledge on the part of all parties involved and concerned regarding the not only the rights of the general public, which essentially includes us pilots, but also their obligations, with respect to the property in close proximity to their innocent activities. 

I feel that taking an approach whereby all such non or ill-informed parties, which in this case includes all the relevant authorities, landowners, tenants, organizations, bodies, and  individuals, are are afforded the opportunity to become fully informed about the issues pertinent to their activities can only be a huge benefit to such parties.

The result of this exercise will expose a much clearer set of boundaries for everyone concerned, and will hence bring a set of parameters into existence which will then serve as a guide for actions required where future issues or disputes of a similar nature should arise.

Cobus, I really feel that the paragliding community needs every bit of guidance it can get towards forging better relationships with all entities we influence and by whom we are influenced. Your knowledge and input in this matter can only be of great benefit to this community.

Many thanks again, and kind regards,

Charles 

Roland De Vries

All concerning.

With specific reference to a well-presented and attended meeting concerning Martins my perspective refers;

In summary it’s clear that Mr Martins attempt to legal action against Paragliders and more specific Skywing is a waste of time. His claims of privacy invasion is unfounded and outside the ambit of property rights.

Apart from the fact that Martins seems to have very little to stand on,  we still need to deal with the situation collectively responsibly.  

This situation can and most probably will cause presidents elsewhere in the area, without wasting more valuable time on similar cases. The dealings with Mr Martins is crucial as comprehensive model.

It’s clear in this case that the paragliding community are currently well within their rights, however relationships with the public and landowners remains a priority. The current atmosphere and relationships between clubs, school and general Garden-Route flying community should make this effort reachable.

Results such as the intervention of  RAASA in closing sights will have a devastating impact on commercial operators and indefinite impact on tourism. The loss of income of commercial operators will inevitably result in claims against the likes of Mr Martins with devastating result if his court action proves to be unsuccessful.

I nominate Cobus in meeting with Mr Martins, couching him on the facts as advised at the meeting;

ADVICE ON EVIDENCE

1.            Distinguish between:  Site - Club/Skywings/Member versus Property – Individual/Pilot in law and remedies available

2.            Show composition and remedies of body of potential ‘trespassers’

3.            Goodwill with circumspection – Measures as proposed earlier, sanctioning of own members (?), allocation of responsibilities (Owner/tenant included)

4.            Memorandum of Understanding – broader community (Not only Skywings Club, other clubs, individuals involved, circumspection required

5.            Memorandum to SAHPA from the Garden Route community, recording collective position and how we arrived at it, showing due process and no room for the argument that the sport is being brought into disrepute.

Thanks for everyone’s attendance and input especially on such short notice.

Kind Regards

Roland  

I trust the above will assist all interested parties to get up to speed with the issues and we shall also keep you informed of progress. This content will also be posted on: http://gardenrouteparagliding.blogspot.com/ and you are welcome to post any comments there, or obviously in reply to this e-mail.

Best regards,

Cobus Potgieter

076 846 3061.

Complaint from landowner in Wilderness - SAHPA/RAASA/CAA Procedures

A serious and urgent matter re the rights of both landowners and paragliders needs to be dealt with as a collective by the Garden Route Paragliding Community. The text appearing below is a direct extract from a mail received from SAHPA Chairman Wayne Heuer, the content of which is largely self-explanatory.  Subsequent to receiving this on Friday night, I have had personal discussions about this matter with Bruce Watney, Joerg, Roland,Roy and Deon. Some of these people undertook to let me have some background information and some of it has started to arrive per e-mail, quite a body of evidence, by the looks of it.


REMOVED PER REQUEST FROM SAHPA/RAASA

I shall be collecting and collating the pertinent information received, and have a look from a juristic point of view at the position of the landowner in these circumstances, as well as those of the relevant Apex bodies, and the position of commercial operators and also recreational pilots affected.  This will be done in anticipation of a meeting where all attendees can share information and opinions, so as to arrive at an action plan and nominate a person or people to represent the paragliding community in this particular instance.  I do believe that the question whether it is a Skywings matter or not is vexed,  it is abundantly clear that this is now a broader matter and needs a more encompassing approach than previously adopted.

Pertinent to the last sentence of the previous paragraph and also raised individually by the people I had discussions with, Bruce/Joerg/Roland/Roy and others, is the risk that if this matter is not dealt with properly it could open the door for a number of other instances or parties with a similar approach, and that a number of sites could then be placed in jeopardy. This over and above the threat of this and other sites being closed by the CAA, pending a full investigation…

  

Any inputs, in whatever form or manner, will obviously be appreciated and we hope that through our collective and constructive efforts this matter can be dealt with speedily and to the satisfaction of all concerned.

The gist of this communication has also been distributed per our mail group, along with the attachment which reflects the details of the complaint, so please check your mailboxes. If it should not be there, please mail me at cobus@mopay.co.za and I shall send you a complete copy.

New Page on this Blog: IWC - Public Meeting

Please visit the new page on this Blog, the header on the far right, re the items raised for discussion and possible agenda points for the Public Meeting.

All inputs and participation, received in whatever form will be greatly appreciated.