Zimbali club race row in court

A doctor has taken the Zimbali Country Club to court over his suspension, which he claims is beacuse of racial prejudice.

Durban - A medical doctor and sports physician who lives with his family on the Zimbali Coastal Estate has taken the Zimbali Country Club to court to have his membership suspension uplifted and be allowed to enjoy all the club’s amenities.

Dr Poobalan Pillay alleged in papers before the Durban High Court that his suspension was because of racial prejudice against him by the club’s general manager, which the club and the general manager have denied.

Instead, the club argued Pillay was not a member and therefore not suspended.

During arguments on Friday before Judge Dhaya Pillay, the judge questioned whether the case was really about the use of the facilities at the Zimbali Country Club or instead about the racial undertones there. “It seems to be the latter otherwise this seems to be much ado about nothing,” she said.

Judgment was reserved.

According to Pillay’s affidavit, he lives on the luxury coastal estate with his parents and brother and argued he was a fully fledged golfing member of the club as the son of the main member who paid the R50 000 subscription in full and was also a property owner in the golf estate.

In court papers, Pillay said he was suspended by the club’s general manager, Steven Shearer, because of an incident with a staff member at the club in June last year.

He said he had been summoned to Shearer’s office to provide an explanation about what had happened that evening and was later asked for a full version via e-mail despite having provided these details.

Pillay considered the request harassment. “What surprised me further is the fact that I was requested by Mr Shearer not to use the club facilities until the matter had been resolved,” his affidavit read.

The doctor claimed that after he had e-mailed his full version, he received repeated calls from Shearer indicating he was not satisfied with the explanation provided and apparently continued to make calls to Pillay’s cellphone and surgery.

Pillay said he was subsequently shocked to learn he was removed from the golfing members mailing list and that Shearer cancelled his entry to the club’s annual championships, much to his embarrassment.

At the end of June last year, he visited the club with three of his friends and said Shearer pulled him aside and warned him he was not welcome in the club house and that he should take his friends elsewhere. Embarrassed, he lied to his friends that the club premises were closed to members only that day and suggested they visit the Zimbali Lodge instead.

Pillay attributed the reason for his “shabby treatment” to “racial bias and prejudice towards Indians generally” and said his family had since felt reluctant to enjoy any of the other facilities available to the residents.

In response, Shearer denied all of the allegations against him. He also said, in court papers, Pillay was not a club member and that he was suspended from using their facilities because of the incident with a staff member where Pillay was said to have been intoxicated and racially abusive.

Shearer said that while Pillay was entitled to use and enjoy the facilities as the son of a member, this entitlement did not equate to membership.

He said the club intended to proceed with an inquiry, but was advised to put this on hold until the court application had been finalised.

Shearer said Pillay was removed from the draw for the club championship because he (Pillay) was going to be away at a conference and was not available to meet him.

He said when Pillay was informed he could be re-entered, Pillay said he would prefer to watch.

On Friday, advocate Warren Shapiro, for Shearer, called for Pillay’s application to be dismissed, saying the doctor was never suspended and was able to use the facilities before his court application.

Senior advocate, Ahditya Kissoon Singh, for Pillay, argued the club could not institute an inquiry against Pillay unless he was, in fact, a member. He said the club’s conduct was clearly interfering with Pillay’s rights.

noelene.barbeau@inl.co.za

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