The Chairman (Mr. Frik Birkenstock),
Dear Frik,
On the 10th April 2010 a private breakfast party was held in the veld on So-Ja under a tree that So-Ja labour had to clear. Please find attached two photos taken regarding the transport used on that day. After the breakfast this transport media was used for a game drive through the rest of the farm. Just in case he photos are not that clear (as it was a very misty day) the transport media is the So-Ja haulage tractor with a supplies trailer that got converted to a passenger transporter by adding the So-Ja plastic hall chairs on the back of the trailer. In total 13 seated people may be transported (including the driver). A wooden stepladder is used as a media to enter the people haulier.
This letter is not, I repeat, not about the driver Mr Dawid Bosch. In a management meeting Mr. David Bosch has been cleared as “qualified” to do this type of transport. Implying that Mr. Dawid Bosch’s qualifications were scanned, vetted and filed by the management of the share block scheme and the management take full responsibly for the implied actions. It also implies that Mr. Dawid Bosch has been given permanent permission to fulfil such tasks as I have described in the opening paragraph.
This qualification may be a little misleading as:
1) 90% of all the shareholders qualify to drive a tractor. As Annexure D: South African Driver Licence Codes (attached) describe for code B licence holders. But be aware that it does not include a tractor transporting passengers.
2) The trailer has 12 seats plus the driver indicating 13 persons. A professional driving permit application (see notice attached) must also be made of the amount the trailer caters for is transported.
3) Before passenger for gain can be transported it is also required (see notice attached). In a previous AGM discussion a nominal transporting value was discussed and therefore implies ‘gain’.
4) I have submitted previously a copy of a Supreme Court case dealing with an airport incident and ‘private roads’ implying that there is not really private roads and the outcome states clearly that “where a vehicle may drive it still fall under the road ordinance laws”. So, the farm Koedoesveld is not exempt.
The purpose of this letter is:
1) To notify the chairman of the share block scheme of the transporter.
2) To notify the chairman of the share block scheme about using the share block scheme equipment for private use.
3) To ask the chairman to peruse the ‘National Road Traffic Act” attached and to pay specific attention to chapter 5. But, not only, but include in the Act. the modifications made to be able to convert a goods vehicle to transporting passengers. And, to understand what a vehicle may be used for.
4) To ask the chairman to stop the directors to perform these dangerous practices and to request him to ask the directors concerned to stop this unconcealed disregard for the South African law.
Regards
PS thank you for instructing the firebreaks to be made. This was started yesterday but why should I first put an official grievance forward?
Waterpoort, 0905
+27 73 073 3505
Google profile: http://www.google.com/profiles/ernestbes/
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