Sibling rivalry over Swan goes to court in the Cape

Blood is thicker than water, but not when it comes to prime Cape Peninsula real estate. Four siblings are scrapping in court over a historic building owned by their late father.

The Oosthuizen family are well known in the seaside village of Kommetjie, where Pierre Oosthuizen snr made his name as an estate agent and owner of the biggest commercial building, Swan Lodge.

A former hunting lodge, it is now home to a surf shop, hairdresser, cafe, a coffee shop, a restaurant and several homes. It served as residence for the South African Women's Auxiliary Naval Service — Swans.

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The heritage-protected building is at the centre of a dispute between Oosthuizen's children.    

Nola Oosthuizen wants her three brothers, Pierre jnr, Jacques and Anton, to buy her 25% of the family business, Swan Lodge cc, the property-letting entity which owns the building and an adjacent plot.

She asked the High Court in Cape Town to compel her brothers to agree to a business valuation so that she could be paid out at a fair market price.

The building is on the market and locals said the asking price was around R20-million.

Nola's lawyer, Danie Rossouw, said the court application stemmed from her dissatisfaction over how the brothers managed the business.

In court documents, she claimed that she was excluded from key business decisions.

"Because she is a member [of Swan Lodge cc] she is entitled to have full access to the accounting," Rossouw said.    

However, Acting Judge Melanie Holderness last month delivered a judgment that questioned Nola's credibility. She disagreed that Nola had been excluded from key business decisions.

"The applicant contended that in running the business of Swan Lodge, 'discussions between the respondents [the brothers] take place as if they were in one camp and the applicant in another'.

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"This is not borne out by the minutes of the meetings, from which it is apparent that not only did the applicant fully participate, when she chose to do so, in the running of the business and in decision-making, but that there were several issues where the members were split, or where the applicant formed part of the majority," Holderness said.

Rossouw said Nola would appeal. "Unfortunately the court has gone against us. We are confident that eventually the appeals court will come our way on it."

He said his client felt she was unable to do business with her siblings, but that she was being compelled to do so — which she felt was unfair.

"The emotional temperature is now escalated. Now she wants out. The court didn't feel the complaints had sufficient merits to help her. Obviously we disagree," Rossouw said.

The brothers declined to comment. Their attorney, Craig Guthrie, said they were concerned about the family fallout.