The three applicants were members of the exclusive 'Links Golf Club', an elite golf course owned and operated by the first respondent (Plattner Golf (Pty) Ltd). Membership of this club is by invitation only and is entirely separate from their memberships in two other golf courses within the larger Fancourt complex, which they hold by virtue of home ownership in the estate. The controlling mind behind the first respondent is Dr Plattner, a businessman who personally decided who receives invitations to join the Links. The applicants had been members for between 10 and 20 years, were in good standing, and had complied with all financial obligations.
In March 2022, during a crucial annual general meeting of the Fancourt Master Homeowners Association—where the applicants were directors involved in an ongoing arbitration against the first respondent—the applicants received letters terminating their Links memberships. The stated reason was that they had spurned the friendship of Dr Plattner, his family, and the first respondent. No hearing was afforded to the applicants prior to this termination.
After the applicants challenged the termination, the first respondent reinstated their memberships but immediately suspended them, alleging that they had engaged in 'unseemly and irresponsible' or 'improper or dishonest' conduct—a new, unspecified basis for action. The suspension again occurred without a hearing. The applicants sought to have the suspension reviewed and set aside, and to have a disciplinary hearing conducted by an independent third party (the second respondent, a senior counsel) who would have full decision-making authority, not merely recommendatory powers.