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.
