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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1590
Experience:  BCom; LLB; Masters in Law
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I am retired since 2008 (retrenched) My gardener of 16 years

Customer Question

I am retired since 2008 (retrenched)
My gardener of 16 years claims that we have an agreed to a Provident fund for him.
- This not true.
He has gone to LegalWise and is now demanding a payment out of his Provident fund (Which is non existent) to the amount of R20 000-000.
He also has told them that I have agreed to this payment - I have never agreed to do this.
He has done this through LegalWise - which is apparently supporting this demand.
I have told them telephonically that his claims are not true- but they still support him and says that I have to do the payment within 14 days of receipt of the letter demanding the payment.
Please advise how I need to resolve this matter.
Best Regards
Gerhardus De Klerk
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there Gerhardus and thank you for your question,

Unfortunately this is quite a common occurrence, and is unfortunately a difficult situation.

LegalWise will support him to the full because he is their client. They will continue to make threats against you (even to issue a summons) until you give it. The trick is NOT to give in.

Step 1 is to write a letter back to LegalWise and deny all of the claims. Ask that they provide you with proof of the oral agreement, supported by documents.

Step 2 is to speak to your gardener about his claims. Why is he making this up? Does he need the money for something? What's going on? See if you can get him to admit that he needs the money for something, and see if you can't try understand what's happening.

If he is your ex-gardener, then you obviously won't be able to do this.

If LegalWise issues a summons on his behalf, you will need to decide:

Either: defend the summons and get dragged through a possible trial where you will need to give evidence as to the employment agreement, and then let the Magistrate decide who to believe.

Or: make a without prejudice settlement proposal of an amount. Make sure that all settlement proposals have the words "without prejudice" somewhere in it, or even say "this proposal is made on a without prejudice basis".

Tell LegalWise that you will no longer communicate with them over the telephone, and stick to that. Actually hang up the phone if they phone you. Explain that you will ONLY correspond in writing, via post/email. If they send you an SMS, delete it.

They will make every effort they can to force you into paying, including making various threats of attaching your assets, and sending the sheriff around to collect your stuff. This is all lies.

They need to issue a summons, have that served on you, go to trial, win, then have the sheriff attach stuff.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,


Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.