[Evergreen Muizenberg] Message from Neville Woudberg, Chairman - Muizenberg Residents Committee

Wed Apr 15 16:25:37 SAST 2020

        Dear fellow residents,

We are truly in difficult times, something we have never previously had to endure.
The restricted living we are experiencing at the moment is not easy for most of us.

Joan and I are feeling very blessed to be living here where we have a greater measure of protection
that we would have had we still been in our home. Like most others, we find it difficult not be be able
to walk around our village to get the exercise that is so necessary for us at this stage of our lives.

As chairman of the Residents Committee I have had many conversations with Evergreen MD Garry Reed.
I soon came to realise it is unfair, indeed, wrong to blame him or Derek for our great measure of
discomfort and sense of deprivation we are feeling. He does not make the rules. His responsibility is to
apply them or face the force of the law against him personally and Evergreen. I have pressed him on the
matter of not being permitted to walk around our village. He has sought legal advice from several lawyers
and legal organizations and indeed from the police. Garry had a plan to allow outside activity on a phased
basis but he was strongly advised this would be breaking the law. Police have visited three of our villages
and are satisfied with the measures that are being applied. The police told Garry they had issued fines of
R1500 in other secure estates where the rules were not being adhered to.

Also, our mindset needs to be we are not being punished by Evergreen but they are doing everything
possible to keep us well and to save our lives. You will have seen that in hospitals, prisons and other
institutions there has been a rapid spread of the virus because of lax application of lockdown regulations.
We also need to acknowledge that at our age we are the most vulnerable section of society. After venturing
out to the supermarket in the first and second weeks of lockdown - and feeling extremely uncomfortable
there - Joan and I are making use of the facility provided by Evergreen Muizenberg for our shopping to be
done for us. Like everyone else, if we wanted to, no one will stop us from going out to the shops ourselves
but we choose to do everything possible to stay out of harm's way.

We are all in this together. Let us pray that all of us here at Evergreen Muizenberg will come out of this
untouched by this vile virus. We look forward to the day, which hopefully will come sooner rather than later,
when our lives return to normal.

I'm including two messages sent to me by Garry regarding some legal advice and the police visit.

With warm regards and best wishes,
Neville

Message from Garry Reed, MD Evergreen Villages.

We have had SAPS and Department of Health do inspections at three of our Villages over the past week.
They were extremely impressed with how complaint we were and informed me of the fines they have issued
to other villages.

Article by  James de Villiers<https://www.businessinsider.co.za/Author/James%20de%20Villiers> , Business Insider SA,  April 9, 2020, 12:41 PM

Yes, using the communal property in a complex or estate is illegal during lockdown
Legal experts believe the use of communal property is illegal under the national Covid-19 lockdown rules.
These areas can only be accessed if you are on your way to seek medical care, or to do grocery shopping,
       among other exceptions.

One law expert said is aware of several cases where people were fined R1,500 for contravening those rules.

It is illegal for South Africans to use communal property in residential estates or complexes, such as parking lots
and gardens, during the national lockdown, legal experts say.
One expert said he is aware of several cases where people have been fined R1,500 for contravening these rules.

President Cyril Ramaphosa ordered an unprecedented 21-day lockdown from 26 March until 16 April to slow down
the spread of SARS-CoV-2 in South Africa. But the rules that confine South Africans to their places of residence
led to confusion.

Schindlers Attorneys Lisa Schmidt and Lauren Squier said that while common areas such as parking lots and
gardens may be considered a part of someone's property, the disaster regulations were clear that people remain in
their places of residence.
Individuals may only enter these spaces if they are on the way to seek medical care, to buy essentials groceries,
collecting social grants, or performing an essential service explicitly allowed in the lockdown rules, they say.

A KwaZulu-Natal sectional title and community scheme law expert, who wished to remain anonymous as he was
advising the properties involved, said he's aware of a number of cases where people have been fined R1,500 for
using communal areas.
National police spokesperson Vish Naidoo previously called on estate and complex managers to assist the state
by forcing people to stay inside their properties.
Lawtons Africa director Hopewell Sathekge however, said that managing agents and trustees do not have any
legal authority to enforce the regulations and to fine occupants.

That remains the responsibility of the police service, though managers and residents can play their part to
encourage enforcement, Sathekge said.

	Authority to Contract 
No agreement binding the company will come into effect unless reduced to writing and signed by a duly authorised director of the company. 

Confidentiality Notice 
This is a legally privileged and confidential communication intended only for the addressee. If you are not the intended recipient or you have received this communication in error, you are hereby strictly prohibited from using, disseminating, distributing or copying this e-mail or any of the attachments or parts thereof, and you are kindly requested to notify us and delete the erroneous communication. Neither Amdec, its directors, officers, employees, agents, independent contractors, representatives, subsidiaries, affiliates, associated-, controlling- and/or holding companies and insurers, past and present, shall be liable for any direct, indirect, special, consequential or other damage or loss of any kind whatsoever and howsoever suffered or incurred, arising from this email and/or from the accessing of any attachments, including but not necessarily limited to loss or damage/s caused by any type of malicious software.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.zsd.co.za/pipermail/evergreenmuizenberg/attachments/20200415/5bc6eb86/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RSImage.png
Type: image/png
Size: 64846 bytes
Desc: not available
URL: <http://lists.zsd.co.za/pipermail/evergreenmuizenberg/attachments/20200415/5bc6eb86/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RSImage.png
Type: image/png
Size: 38866 bytes
Desc: not available
URL: <http://lists.zsd.co.za/pipermail/evergreenmuizenberg/attachments/20200415/5bc6eb86/attachment-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RSImage.jpeg
Type: image/jpeg
Size: 7841 bytes
Desc: not available
URL: <http://lists.zsd.co.za/pipermail/evergreenmuizenberg/attachments/20200415/5bc6eb86/attachment.jpeg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RSImage.jpeg
Type: image/jpeg
Size: 6759 bytes
Desc: not available
URL: <http://lists.zsd.co.za/pipermail/evergreenmuizenberg/attachments/20200415/5bc6eb86/attachment-0001.jpeg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RSImage.jpeg
Type: image/jpeg
Size: 6144 bytes
Desc: not available
URL: <http://lists.zsd.co.za/pipermail/evergreenmuizenberg/attachments/20200415/5bc6eb86/attachment-0002.jpeg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RSImage.jpeg
Type: image/jpeg
Size: 5837 bytes
Desc: not available
URL: <http://lists.zsd.co.za/pipermail/evergreenmuizenberg/attachments/20200415/5bc6eb86/attachment-0003.jpeg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RSImage.jpeg
Type: image/jpeg
Size: 5824 bytes
Desc: not available
URL: <http://lists.zsd.co.za/pipermail/evergreenmuizenberg/attachments/20200415/5bc6eb86/attachment-0004.jpeg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RSImage.jpeg
Type: image/jpeg
Size: 1392 bytes
Desc: not available
URL: <http://lists.zsd.co.za/pipermail/evergreenmuizenberg/attachments/20200415/5bc6eb86/attachment-0005.jpeg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RSImage.jpeg
Type: image/jpeg
Size: 990 bytes
Desc: not available
URL: <http://lists.zsd.co.za/pipermail/evergreenmuizenberg/attachments/20200415/5bc6eb86/attachment-0006.jpeg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RSImage.jpeg
Type: image/jpeg
Size: 984 bytes
Desc: not available
URL: <http://lists.zsd.co.za/pipermail/evergreenmuizenberg/attachments/20200415/5bc6eb86/attachment-0007.jpeg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RSImage.jpeg
Type: image/jpeg
Size: 945 bytes
Desc: not available
URL: <http://lists.zsd.co.za/pipermail/evergreenmuizenberg/attachments/20200415/5bc6eb86/attachment-0008.jpeg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: RSImage.jpeg
Type: image/jpeg
Size: 919 bytes
Desc: not available
URL: <http://lists.zsd.co.za/pipermail/evergreenmuizenberg/attachments/20200415/5bc6eb86/attachment-0009.jpeg>