CASE NUMBER: CCT31/01
In the matter between:
ELLEN JORDAN 1ST APPELLANT LOUISA JOHANNA FRANCINA
BROODRYK 2ND APPELLANT
CHRISTINE LOUISE JACOBS 3RD APPELLANT
and
THE STATE RESPONDENT
and
VARIOUS OTHER PARTIES AMICI CURIAE
REPLYING AFFIDAVIT BY AMICUS CROUS
I, the undersigned,
hereby make oath and state:
1.
I am an adult male, and my personal particulars appear from my initial affidavit filed on 20 December 2001.
2.
The facts herein fall within my personal knowledge unless is otherwise apparent and are to the best of my knowledge both true and correct.
3.
I wish to reply to certain of the allegations made in response to my initial affidavit, and to deal with those aspects on which the State has challenged me to produce
documentation. I only deal with aspects which I believe should be replied to. I deny all allegations inconsistent with my initial allegations.
4.
I am aware of the fact that the directives issued by the President of this Court does not provide for filing of a
replying affidavit. However, the State has challenged me to produce certain documentation and has, in addition, made a number of allegations which are either incorrect or should be placed in their proper context. To enable me to present my case properly, I will respectfully ask that the Court permit the introduction of this replying affidavit.
5.
AD PARAGRAPH 11 OF THE AFFIDAVIT BY DE VRIES:
.1 It has never been my intention to qualify myself as an expert. I simply wish to state what knowledge I have gained of the sex work industry in the years I have been involved therein.
.2 Based on my knowledge of the sex work industry, I am able to make a comparison between my business and other escort clubs in Pretoria.
.3 I have either met the owners or have been at the premises of the following clubs, all of which conduct the business of a brothel:
.1 Las Vegas Escort Club in Pretorius Street, Pretoria. I has been in business for some 15 years.
.2 Adele’s Escort Agency in Hamilton Street, Pretoria. It has been in business for some 20 years.
.3 Club 28, Leyds Street in Pretoria has been in business for some 10 years.
.4 Club 920 in Schoeman Street, Pretoria has been in business for some 8 years.
.5 Club Ambassador (Church Street, Pretoria) and the Airport Country Lodge (Pretoria North) have the same owners and have been in business some 10 years.
.6 Showgirls Club is situated a block away from my business in Church Street and has been in
business for 2 years.
6.
AD PARAGRAPH 12.2 THEREOF:
By definition I cannot obtain the affidavits of those club owners I refer to. They have all declined to become involved in the matter for fear of the consequences which their involvement may have, in the sense that they would have to admit to the true nature of their businesses in Court documents. They specifically obtained legal opinion in this regard. They were deterred from participation by recent
action taken by the Asset Forfeiture Unit against two clubs in Johannesburg.
7.
AD PARAGRAPHS 16.1 AND 16.2 THEREOF:
.1 It was not the intention of my evidence to take issue with all the detailed allegations made on behalf of the State. The Appellants have done so sufficiently. My main objective was to deal with the issues in a
generalised way, with a specific focus on my business as an example.
.2 I obviously cannot deny that some brothel owners are exploitative and abusive. The evidence of the
deponent Johan McKay Fourie illustrates this sufficiently.
AD PARAGRAPH 22 THEREOF:
.1 I annex the latest financial statements of Flamingo Sunset Club hereto as Annexure “A”.
.2 I annex the most recent income tax returns in respect of the business hereto as Annexure “B”.
.3 I also annex hereto as Annexures , “C2" and “C3", the two most recent value added tax returns in
respect of my business.
.4 I may add that the South African Revenue Services conducted a complete audit of my business during the course of 2001. Three members of SARS spent 3 full days at my business doing audits and checking through all my files. Thereafter, they took most of my files to their offices and returned them a month later.
They subsequently filed a report. Apart from and additional amount of some R10 000.00 which I had to pay in respect of the VAT period ending February 2001, my affairs were
otherwise in order.
.5 I have until recently not been registered for
Metropolitan levies, previously referred to as Regional Services Council levies. At present my accountant is busy negotiating with the metropolitan authorities for payment of the arrears in this respect.
9.
AD PARAGRAPH 23 THEREOF:
I have taken note of what Ms Ronell Schutte states in paragraph 17 of her affidavit. She is simply wrong when she states that any fines are deducted from any of the sex workers at present. As stated in my initial affidavit, I have not imposed any fines for the last 3 years.
10.
AD PARAGRAPH 25 THEREOF:
.1 I am not prepared to divulge the identity of those women working in my club who have not given me permission to divulge their identities. The majority of women did not want to make statements for purposes of these proceedings for precisely the reason that they did not want their identities to be made public.
.2 In respect of those women who have made
statements, their identity books cannot serve any purpose other than to prove what they state their ages to be.
.3 If I get a firm undertaking in writing from the State that the information in respect of the sex workers would be kept confidential and would not be used against them in any way, I am prepared to make
available the requested documentation. My attorney will correspond with the State’s representatives in this regard.
.4 I see no reason why the State would want to deal with the content of these documents in a supplementary affidavit. If the State believes that any one of the women working in my business is a minor, they are more than welcome to visit the business. On Friday 15 February 2002, a large contingent of policemen, some 30 of them, entered and searched my premises at Flamingo Club. They were apparently doing a number of these raids in Pretoria, and looking
specifically for drugs and minors. Nothing was found at my premises.
11.
AD PARAGRAPH 37 THEREOF:
The statement that most brothels operate until the early
liquor licence which entitles it to sell liquor until 02h00.
Many other businesses in the Arcadia and adjacent Hatfield area in Pretoria have special liquor licences that allow them to sell liquor until 4 o’clock in the morning.
12.
AD PARAGRAPH 40 THEREOF:
I do not have any contact with the Taiwanese sex workers which I referred to and I am not in possession of any
documentation which reflects the basis of their presence in South Africa. I believe it is fairly obvious that foreign sex workers enter the country illegally, either as tourists or as business people.
13.
AD PARAGRAPH 46 THEREOF:
I fail to see why the deponent regards the content of this paragraph as contradictory. To the extent that I did not make myself clear, I will repeat it in different terms. If it were drawn to my attention that any particular client attempts to have penetrative sex without a condom, I will ask such client to leave the premises and not to return.
Deponent Schutte confirms this rule in paragraph 22 of her affidavit.
14.
AD PARAGRAPH 55 THEREOF:
I do not believe that this statement of mine is vague and argumentative. When I allege that the authorities tolerate brothels, I believe I am stating the obvious. I annex hereto as Annexures “D1", “D2" and “D3" excerpts of the
respective portions of the classified sections of the
newspapers Beeld, the Pretoria News and the Citizen of the dates indicated thereon. It is obvious from the content of these advertisements that clubs and prostitutes advertise
authority of Tshwane is well aware of the locality of sex clubs and escort agencies and have started a process to formulate a zoning policy for so-called “adult
entertainment”. The various police and health authorities that have visited my business know very well what the character thereof is.
15.
AD PARAGRAPH 59 THEREOF:
I take issue with the allegation that sex workers are allowed as members of medical aid funds. Although I am advised that the provisions of section 29 of the Medical Schemes Act should allow sex workers to become members of open
medical schemes, the practical reality is that they are regarded as people who are involved in criminal activities and informed that they are not eligible for membership. I accept that this is a matter that should possibly be taken up in terms of the Medical Schemes Act itself.
16.
AD THE AFFIDAVIT OF GEORGE FREDRICK HARDAKER:
Many of the allegations in this statement are either inaccurate or misleading. My personal finances are only remotely relevant, if at all, to present proceedings. I keep my comments therefore to the minimum. In 1990 I
resigned my work at Telkom. My wife resigned her work at more or less the same time. We received gratuity payments totalling R400 000.00. We also made a capital profit of R200 000.00 off the sale of a house. We started our
business with this money and have always had some capital base.
17.
AD PARAGRAPH 9 THEREOF:
.1 The only BMW I ever owned was written off some 8
.2 The Nissan 1400 vehicle is a bakkie. It is a 1990 model and is worth less than R10 000.00.
.3 One of the Kawasaki motorcycles is 19 years old and has mostly only sentimental value. The other
Kawasaki motorcycle is a 2000 model and probably worth in the region of R80 000.00 to R90 000.00.
.4 I am advised that a detailed analysis of my finances and tax position are somewhat inappropriate in the context of the present case. However, the State seems to be intent on attacking my character as part of their general allegations that brothel owners are of bad character. For what it is worth, I may state that my wife and I have been married for 17 years and are committed partners and parents.
.5 Both the Land Rover Freelanders are second-hand vehicles. They are worth approximately R140 000.00
each.
.6 The Nissan Sentra is a 1989 model which my wife bought when she was still a salaried employee. Our son presently drives the vehicle.
18.
AD PARAGRAPH 11 THEREOF:
I deny that there is any discrepancy between my standard of living and my tax position. Even if this were to be so, this is a matter which is somewhat removed from the subject matter of this case.
19.
AD PARAGRAPH 16 THEREOF:
.1 This allegation should be read with the content of the affidavit of Mr Pieter Willem Kruger of the Tshwane
is that there has been much contact between brothel owners and City Council officials during the course of the past 2 years. The Council is in the process of drafting a policy document to pave the way for zoning of so-called “adult entertainment” businesses.
.2 There are a number of striptease clubs and brothels in Pretoria that have previously zoned themselves as either restaurants, guest houses, hotels and the like.
Adult entertainment businesses admittedly have problems with their zoning. The Council is, however, fully aware of the conduct of these businesses.
.3 I should also mention that the deponents fail to state that there is a wide spread problem with businesses that are not properly zoned in the Arcadia, Hatfield and Brooklyn areas. I do not have knowledge of the precise detail, but I believe the matter has received much attention in the media and many residents associations exist to address these issues. It is most
certainly not a problem associated only with adult entertainment businesses.
20.
AD PARAGRAPH 30 THEREOF AND THE AFFIDAVITS OF KYRIAZH AND KEYWORTH:
.1 Neither the motive for, nor the perpetrators of the explosion at the business was ever known. Any inferences in this regard is simple speculation.
.2 I have never been involved in any dispute within the sex industry. The attempt by the deponent to allege that brothel owners are involved in gangster-like activities is simply wrong. If that were the case, I am certain that the deponent would have mentioned all the details thereof.
.3 I also take issue with the allegations of deponents Kyriazh and Keyworth.
.4 First, there has never been a complaint laid at the City Council or any other authority that my business
causes a nuisance. The house of Ms Kyriazh is literally situated between tens of businesses. Apart from
individual instances, all erven on Church Street are businesses. The same is true of all erven to my south, which borders Pretorius Street.
.5 In fact, the roadhouse across the road, is much more likely to cause a nuisance. It is a regular rendezvous point for motor cycle enthusiasts who regularly use Church Street as a drag strip with all the
accompanying noise.
.6 The music played inside the club is not even heard on the street. In the parking areas I have placed large signs advising clients to please refrain from making a noise.
.7 I am also not aware of any warning received by the
City Council in respect of my signage as alleged by Keyworth in paragraph 11 of her affidavit. My signage is a lot less visible than that of many other businesses in the area.
.8 Her allegation in paragraph 14 is simply a gross
distortion of the facts. The gun shooting incident had nothing to do with my club. A security guard from a nearby business had been involved in some kind of an argument and went into a complete rage. He came running down Church Street and into the premises next to the club from where he fired a few shots. He then crossed Church Street towards the road house.
It was at that time that I and a number of other
people at the club went out to see what was going on.
There were police present at the roadhouse at the time and they followed this person into the residential area where he was eventually arrested.
.9 Apart from the somewhat elaborate explanation of the shooting incident, which had nothing to do with my
is also misleading. It is a considerable distance away, out of sight of my business and was in fact established after I took over Flamingo Club.
.10 I am not exactly certain what point deponent Keyworth attempts to make by stating that
dagga is sold at the petrol station in the vicinity.
She seems to associate every conceivable evil in some or other way with my business. The
allegations made in paragraphs 26 and 27 by deponent Hardaker in respect of the Holiday Inn, adjacent to my business, is also incorrect.
I have only once received a complaint about noise from the manager, Ms Hugo. The true facts of that incident are as follows. Ms Hugo phoned me and complained about noise, which she believed emanated from my premises.
When I investigated the matter, it appeared that it was in fact a group of drunken hotel guests at the swimming pool of the Holiday Inn. She
apologised and has not on any other occasion complained to me about any other nuisance caused.
.11 I have no knowledge of the alleged client of my business who tended to his injuries at the hotel and can consequently not comment thereon.
21.
To the extent that I have diverted from the main issues in this matter, I apologise for the somewhat elaborate answers that I have given at times. I have however been forced thereto by the numerous misleading and subjective
allegations made against my business and I have also been challenged by the State to address a number of issues not directly relevant to the central issues, namely the
relationship between brothel owners and sex workers.
For these reasons I persist in the allegations which my made in my initial affidavit.
___________________________
DEPONENT Thus done and signed before me at Pretoria on this
day of February 2002 by the deponent who has declared that he knows and understands the contents of this affidavit, that it is true and correct and that he has no objection against the prescribed oath.
____________________________
COMMISSIONER OF OATHS
NAME:
ADDRESS:
CAPACITY:
