Southern African Banks


ABSA Bank & the demise of foreign investor Mr. Dumisa Mbusi Dlamini from
Swaziland

1


The Horro...
Southern African Banks




Annexure ELBS 7 is another Report
from Minty a further amount of R 63,18 Million, as at 11 June...
Southern African Banks




Annexure
ELBS 10 is another WRIT OF EXECUTION obtained by
Kleindoornkop Boerdery CC and Mr Dlam...
Southern African Banks




who were supposed to register the Investment Companies/Properties he
had been acquiring, into h...
Southern African Banks




Properties themselves had been registered against the 1987 CC and other
Companies. Another Deed...
Southern African Banks




still owned some properties which had not been swallowed in the
process. Despite the fact that ...
Southern African Banks




Case Study of the latter, elsewhere on this Website. What boggles the
mind is the fact that ABS...
Southern African Banks




that he had registered Criminal charges against Hefferman and reported
him to the Law Society (...
Southern African Banks




pending. He also filed a: NOTICE OF INTENTION TO REVIEW THE HONOURANBLE
JUDGE MR. JUSTICE KRUGE...
Southern African Banks




In an internal Memorandum in the offices of the Master of the
High Court the writer is of the o...
Southern African Banks




71). The document is self explanatory and contains very interesting
facts.
47.


This investiga...
Southern African Banks




THE HIGH COURT dd 9 October 2006 (Annexure ELBS 83) remains
unanswered to this date. A letter t...
Southern African Banks




… On 7 June 2004, a liquidation interdict was noted in the
DRS of the Pretoria deeds reg...
Southern African Banks




- Deeds Office personnel/officials involved

- The Officials of CIPRO, involved in the fraudule...
Southern African Banks




well as to the ABSA Bank: Legal Litigation and Disputes Team (Annexure
ELBS 93). This document ...
Southern African Banks




Toit Attorney’s Mr. Du Randt (Annexure ELBS 101). From this
letter it is clear that ABSA ...
Southern African Banks




for their illegal hindering of the Sheriffs of the Court in the
execution of their duties, and ...
Southern African Banks




  against the estate, He may bring an application for an order removing his
  trustee from offi...
Southern African Banks




   NUMBER 1987/08027/23 AND THE WINDING UP OF THE NUMBERLESS KLEINDOORNKOP
   BOERDERY CC.
 Kle...
Southern African Banks




   latter Kleindoornkop, to Kleindoornkop Boerdery CC 1998/028045/23, to get
   around the set ...
Southern African Banks




   Advocate Arnoldi mysteriously disappeared from the Court, minutes before the
   proceedings ...
Southern African Banks




   affidavit, which reads: “The writ of
   execution was subsequently set aside in this Honoura...
Southern African Banks




   stole the properties belonging to RESPONDENT, and his Companies, in the
   liquidation of th...
Southern African Banks




   Government Departments – The Deeds Office, CIPRO, Master of the High Court and
   the High C...
Southern African Banks




Attached hereto is a copy of a Summons, which had never been served on our Mr. Dumisa Mbusi Dla...
Southern African Banks




behalf of the CC.
 127.


Hefferman, before placing Kleindoornkop Boerdery CC 1987/08027/23 int...
Southern African Banks




With reference to paragraph 16 above, Mr. Dlamini got this fraudulent voluntary liquidation set...
LVK liquidators in collusion with Pretoria lawyers to defraud creditors and businesses
LVK liquidators in collusion with Pretoria lawyers to defraud creditors and businesses
LVK liquidators in collusion with Pretoria lawyers to defraud creditors and businesses
LVK liquidators in collusion with Pretoria lawyers to defraud creditors and businesses
LVK liquidators in collusion with Pretoria lawyers to defraud creditors and businesses
LVK liquidators in collusion with Pretoria lawyers to defraud creditors and businesses
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LVK liquidators in collusion with Pretoria lawyers to defraud creditors and businesses

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Legal Proof that this liquidations firm played and plays a part in defrauding creditors of businesses. Kan n' mens sulke mense vertrou - ek dink nie so nie. As die persoon as Trustee optree vir n' besigheid staan hy saam die bedrieer of die krediteure...? Die antwoord le binne....mooi lees - Pasop as die firma namens jou optree as krediteure....

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LVK liquidators in collusion with Pretoria lawyers to defraud creditors and businesses

  1. 1. Southern African Banks ABSA Bank & the demise of foreign investor Mr. Dumisa Mbusi Dlamini from Swaziland 1 The Horror Story you will witness in these pages is unfortunately not fiction, but a real life experience – The experience of a Major Foreign Investor from Swaziland, Mr. Dumisa Mbusi Dlamini, who saw fit to invest into South Africa, shortly before the 1994 Democratisation of this country. 2. The attached copy of a Supplementary Affidavit by Mr. Dlamini (Annexure ELBS 1) gives one a short summary of the events that led to him to be defrauded/alienated from his total investments into South Africa. 3. We will also attach hereto documentary proof of what is said in this affidavit. This will include Civil and Criminal Court and Police Cases, as well as a lot of other documentation and correspondence with the Authorities in this Country, Authorities like the Master of the High Court, Registrar of Deeds (Department of Land Affairs, Registrar of Companies and Close Corporation, The National Prosecuting Authority (NPA) and the South African Police Services. The fact that the Authorities have till lately, totally failed to investigate Charges and Complaints registered, allowed the perpetrators of the crimes that had been utilised to alienate Mr. Dlamini from everything he had invested and earned through these investments, to get away with it over an extended period. 4. In the process of the creation of as much confusion as possible, the Organised Group of Conspirators registered a Close Corporation with the identical name of Mr. Dlamini’s Kleindoornkop CC with registration number 1987/008027/23 (Annexure ELBS 2). On this document drawn on 2 December 2003 Peter Joseph Hefferman, a bogus attorney, had still been registered as the sole Member of the CC. He registered himself as Member on a CC belonging to Mr. Dlamini. This enabled him to put the CC under voluntary liquidation on application by ABSA Bank, on debt registered in the name of the later registered identical CC but with registration number 1998/028045/23 (Annexure ELBS 3). On the CIPRO document drawn on 03 January 2007, Hefferman is shown to have resigned as member as early as 29 July 2002, clearly indicating how the culprits have been playing around with the Registrar’s Office (Annexure ELBS 4). Also see Annexure ELBS 5 for the affidavit of the official of the Registrar of Close Corporations in this regard. Please note that the first liquidation attempt on Kleindoornkop Boerdery CC only followed four years later, in 2002. If one reads the latter annexure it is clear that the groundwork regarding plans to liquidate this CC had been laid a long time before – The debts would still have to be created. 5. In the mean time all Mr. Dlamini’s sugar crop income had been paid into ABSA Accounts. The report from Haroon Minty, mentioned in Annexure ELBS 1 is attached as Annexure ELBS 6. These monies, R 100,04 Million as at 6 May 2002 are, unless stolen, still in possession of ABSA Bank. 6. http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  2. 2. Southern African Banks Annexure ELBS 7 is another Report from Minty a further amount of R 63,18 Million, as at 11 June 2002, is also still in ABSA’s possession, in what they call a “Bucket Account”. This had even been confirmed by ABSA Attorney of Record, W A Du Randt. ABSA has also never disputed this Auditors Report, neither the one mentioned in the paragraph above. 7. This means that ABSA had been in possession over R 163 Million of Mr. Dlamini’s Money when they were the Applicants for the Liquidation of Kleindoornkop CC (twice) in the period 2002 to 2003 – A liquidation for alleged/created debts of R 13 to 15 Million. Does this make sense? 8. The debts had been created for several years before the original liquidation of Kleindoornkop Boerdery CC. During a High Court Case when Mr. Dlamini defended himself against the ABSA claims that he was in default of payments on Bonds against his properties – Bonds he had mostly never applied for and monies he definitely had never received. During the Court Case Mr. Dlamini’s legal team disappeared from the High Court and he was forced by ABSA Attorney of Record to sign a Settlement Agreement for Debts that had been fraudulently created and from which he never had any advantages, on threats to liquidate his Close Corporation and sequestrate himself, should he not sign the Settlement Agreement. As Mr. Dlamini had been earning major income from his farms and hotels at the time, and because he wanted to avoid having to fight against the threats which had been levelled against him, he signed the Settlement Agreement which had then been made an Order of Court (Annexure ELBS 8). 9. In paragraph 7.1 of the above Settlement Agreement (Annexure ELBS 8), all monies receivable were to be paid into a certain ABSA Bank Account. From these monies the Instalments agreed to would be deducted and the balance paid into an Account nominated by Mr. Dlamini and Kleindoornkop Boerdery CC. This never happened. The major part of the monies outstanding to Mr. Dlamini and his Companies which have been proved as still supposed to be in ABSA’s possession – Paragraphs 5 to 7 above – came exactly from this source. The fact that ABSA liquidated Kleindoornkop Boerdery CC for the same growing debts, also indicates that al these monies had been sidelined and neither the Settlement Agreement instalments nor the balance payments to Kleindoornkop Boerdery/Mr. Dlamini had been happening as per the Order of Court. 10. Due to an earlier Irrevocable Agreement, along the same lines as far as Sugar Crop Monies had been concerned, between Mr. Dlamini/Kleindoornkop Boerdery CC and ABSA Bank, the same thing happened. Annexure ELBS 9 is a WRIT OF EXECUTION, with supporting documentation, against ABSA Bank, obtained by Kleindoornkop Boerdery CC on 5 September 2002, for R 2,956,737.61 for monies outstanding on the Earlier Agreement. 11. http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  3. 3. Southern African Banks Annexure ELBS 10 is another WRIT OF EXECUTION obtained by Kleindoornkop Boerdery CC and Mr Dlamini against ABSA Bank, on 13 August 2002, for R 6,666,161.68 for monies outstanding as per the Settlement Agreement/Court Order (Annexure ELBS 8), at the time. 12. On the 4th of September 2002, another WRIT OF EXECUTION against ABSA Bank had been obtained for a further amount of R 2,975,585 for the same reason as in paragraph 11 above. 13. The Sheriff of Barberton failed to enforce these WRITS on promises by ABSA Attorney of Record, Mr W A Du Randt, from the Law Firm Tim Du Toit Attorneys, that he was getting the WRIT, he alleged had been fraudulently obtained, to be set aside, . An Application to set aside the WRIT OF ATTACHMENT (Annexure ELBS 10) had indeed been made, but without notice to Mr. Dlamini and/or his Attorneys of Record at the time. Although Attorney Du Randt managed to get the Order to set aside on 15 August 2002, the Order was subject to him launching an application following the proper procedures within 14 days (Annexure ELBS 12) – An Application that had not been launched at all. Attorney Du Randt’s letter dd. 16-08-2002 to Mr. Dlamini’s Attorneys (Annexure ELBS 13), does not mention that the Order was pending re-application and contains a lot of threats and offers a very feeble excuse for not having notified the other parties. His opposing Attorney’s letter dd. 21 August (Annexure ELBS 14) addresses these issues. In Annexure ELBS 15, Mr. Dlamini addresses the issues in an affidavit as well. Attorney Du Randt never launched the re-application which made the subject to Set Aside nil and void. 14. Attached is a letter from Mr. Dlamini on behalf of Kleindoornkop Boerdery CC to Attorney WA Du Randt from Law Firm Tim Du Toit & Co (Annexure ELBS 16), in which he levels the problems identified with the manner in which ABSA’s Attorneys of Record manipulate High Court Cases to suite their purposes. Outstanding/pending Cases are totally ignored – Especially Cases in which Mr. Dlamini, on behalf of himself and Kleindoornkop Boerdery CC, endeavours to stop the fraudulent liquidation of the CC and later the sequestration of himself, by proving the Millions of Rand that ABSA was and still is indebted to him. The fact that Mr. Dlamini had always been hindered to conclude any claims and other forms of High Court litigation against ABSA Bank due to these practices later revealed another motive of these actions – That of trying to have Mr. Dlamini declared as a vexatious litigant. The attached letter from Mr. Dlamini to Attorney WA Du Randt (Annexure ELBS 17) further describes some of these actions. 15. Attached hereto is a report from Auditor Haroon Minty (Annexure ELBS 18) which clearly illustrates how Mr. Dlamini had been set up since around 1992, for the perpetrators of the crimes against him, by the Attorneys and Auditors http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  4. 4. Southern African Banks who were supposed to register the Investment Companies/Properties he had been acquiring, into his name. This would later make the fraudulent transfer of all his assets so much easier. 16. Due to the fact that Mr. Dlamini successfully got the High Court to set aside the original Liquidation of his Kleindoornkop Boerdery CC (Annexure ELBS 19a) and the Master of the High Court instructed the Liquidators to return al the attached properties of same to the CC, the original Applicant, ABSA Bank, again Applied for the Liquidation of Kleindoornkop Boerdery CC, but this time without Registration Number (Annexure ELBS 19) Note that no Registration number for Kleindoornkop Boerdery CC is reflective on this Court Document – Nor will you find any mention in the complete bundle of Court Documents, re the second Liquidation. The parties involved did however manage to get a Liquidation Order issued by the Registrar of the High Court which did reflect the Registration number of Mr. Dlamini’s Kleindoornkop Boerdery CC – I.e. 1987/008027/23 (Annexure ELBS 20), this had been fraudulent. On Application by Mr. Dlamini, the High Court later again issued the correct Liquidation Order without number, as same did not reflect anywhere in the Court Documents (Annexure ELBS 21) 17. Despite the above, the Master of the High Court again allowed the Liquidators appointed after this second numberless Liquidation of Kleindoornkop Boerdery CC, to dispose of the properties of the Original 1987 CC, as well as properties registered in the name of other Companies belonging to Mr. Dlamini. When one reads the attached letter from the Master of the High Court to the Liquidators (Annexure ELBS 22), it is clear that the Master also agrees that it had not been Mr. Dlamini’s Kleindoornkop Boerdery CC that had been liquidated by the second liquidation. Why did the Master then, to this day not put a stop to the fraudulent theft of Mr. Dlamini’s properties? 18. Attached hereto is a letter from E.L. Business Solutions to the Honourable Minister of Justice and Constitutional Development dd. 5 May 2004 (Annexure ELBS 23), in which the assistance of the Honourable minister was sought, to stop the fraudulent liquidation process to proceed, only to receive a non-committal answer dd. 10 May 2004 (5 days later) - Again total failure by the Authorities to intervene in the process through which a Major Foreign Investor was being defrauded from his total Investments and the proceeds thereof. 19. The substitute Kleindoornkop Boerdery CC with Registration Number 1998/028045/23 which had been registered to confuse the Courts and the rest of the world, actually eventually confused the Liquidators as well. The attached Power of Attorney to Transfer (Annexure ELBS 25), issued by the Liquidators had also been made out in the name of this CC while all the properties had been registered in the name of Kleindoornkop Boerdery CC with Registration Number 1987/008027/23 and other Companies belonging to Mr. Dlamini. The real problem had also been the fact that while the Bonds against Mr. Dlamini’s properties had been registered against the 1998 CC. See attached Deeds Office printout (Annexure ELBS 25a) regarding these bonds that had been registered against the 1998 Kleindoornkop CC. The http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  5. 5. Southern African Banks Properties themselves had been registered against the 1987 CC and other Companies. Another Deeds Office printout (Annexure ELBS 25b) shows that the Endorsements (interdicts) had also been against this 1998 CC, a CC that never had anything to do with Mr. Dlamini. 20. The attached report by the Deputy Director of Public Prosecutions (Annexure ELBS 26) is a further example of the lack of attention even the Criminal Charges, which had been registered by Mr. Dlamini, had been totally ignored by the Authorities. I quote: “A matter of concern to this office is the repeated indications/rumours that a group of influential people and institutions in Nelspruit for example Absa Bank, certain attorneys and the farming community appear to be too powerful to be investigated.” The horror of it all is the fact that not even this report had been able to get the Authorities into gear to investigate the crimes that eventually alienated Mr. Dlamini from every movable and immovable asset he had in South Africa and Swaziland. (For the Swaziland saga, see our separate Case Study on SwaziBank on this Website.) 21. On an inquiry by Mr. Dlamini to the Deeds Office re the method of transfer of his Properties, i.e. Powers of Attorney to Transfer, the attached Deeds Office enquiry (Annexure ELBS 27), the Coversheet reflects that the transactions had indeed been done from Kleindoornkop Boerdery CC with Registration Number 1998/028045/23, the CC which never owned any of said properties. In the attached letter from the Deeds Office (Annexure ELBS 28) they confirm that no valid Powers Of Attorney to Transfer were to be found on the Transfer Files which had been queried. Annexure ELBS 29 is an example how the Deeds Office the farm registered in the name of Paradise Game Lodge Share Block Limited, from Paradise Game Ranch CC with Registration Number 1994/034495/23, a CC Mr. Dlamini never knew and to which he had fraudulently and without his knowledge been registered as a Member. This had probably been done by the perpetrators of this fraud because Mr. Dlamini had not been the sole Director of the other Company, which would have made the sale of the farm, as his sole asset, impossible On the last page of this document it is noted that the name of the Company had been wrong – This seems to have been ignored.. 22. After the latter discoveries at the Deeds Office, the attached Memorandum (Annexure ELBS 30) HAD BEEN SEND TO THE State Attorney for a meeting between them, the Deeds Office, CIPRO (Registrar of Companies and Close Corporations), and the Master of the High Court, regarding the irregularities/crimes that had been found to have been utilised to alienate Mr. Dlamini from his properties. This meeting did take place on 24 October 2006 and had been attended by the offices of the State Attorney, including the Chief State Attorney, CIPRO and the DEEDS office. The Master did not show up. Attached is a letter of feedback to Mr. Dlamini, and I quote: “I must say that the meeting went well and it was general consensus that serious irregularities appeared to have been committed in all the transactions that were interrogated.” These will include all transfers of Mr. Dlamini’s Properties, as well as the fraudulent registrations of Companies/ Close Corporations at CIPRO. 23. On completion of the above Liquidation Process Mr. Dlamini http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  6. 6. Southern African Banks still owned some properties which had not been swallowed in the process. Despite the fact that ABSA Bank, by then, in 2004 already owed him over R 163 Million plus another two years interest on that, the same team decided to sequestrate him in person, to lay their hands on the rest of his movable and immovable Assets. 24. Peter Hefferman, the bogus Attorney, then arranged in a fraudulent manner for one Itshak Knafo to apply, without the latter’s knowledge and consent, to apply for the sequestration of Mr. Dlamini, in person. Attached is part of an affidavit from Mr. Knafo, which had been made when he registered a criminal charge of fraud against Hefferman at the Commercial Crimes Unit of the South African Police Services (SAPS) in Pretoria (Annexure ELBS 32). Mr. Knafo denies ever having applied for or signed any documentation re the Application for the sequestration of Mr. Dlamini. 25. The attached letter to Mr. Knafo (Annexure ELBS 33) from the Commercial Crime Unit, confirms on 12 January 2004, three years ago, that the above case had been registered. Again, needless to say, nothing much had been done about it to this day. The case is now, at last, receiving attention on our insistence. 26. Mr. Knafo’s Attorneys also filed a complaint against Hefferman at the Law Society (Annexure ELBS 34). Confirmation from the Law Society is attached (Annexure ELBS 35) Attached is a letter from Steven Hefferman, Bogus Attorney Peter Hefferman’s Attorney Brother, from whose offices Peter Hefferman operated (Annexure ELBS 36). Despite the fact that the brother denies that he had ever been in his employ, in this letter dd. 21 September 2004, Peter Hefferman is still reflected as an Attorney at SA Hefferman Attorneys as at 14 December 2005 on the attached Credit Bureau print out (Annexure ELBS 37) 27. During the process of wrapping up the ABSA Bank applied for liquidation of Kleindoornkop Boerdery CC, the Liquidators attached 12 farms as per Annexure ELBS 38, despite the fact that only two farms had been registered in the name of said CC. Fraudulent Bonds had however been registered in the names of all the other farms – Farms which had been registered in other Companies belonging to Mr. Dlamini, and formed part of the created debts against Kleindoornkop Boerdery CC. ABSA Bank had been unable to prove , on a documentary basis, any application for these Bonds/Debts, signed for by Mr. Dlamini, nor prove any payment of these monies to him or on behalf of him - More about the failure to prove this follows later. 28. On 3 December 2003, ABSA Bank issued a Certificate of Balance for Kleindoornkop Boerdery, again without Registration Number, of R 17,985,907.65 (Annexure ELBS 39), and on the same date the Liquidators issued an Information Page reflecting that ABSA Bank Had proven on 27/02/2004 debts for the latter amount as well as a further R 4,548.27, and on 20/09/2002 these amounts grew to a total of R 39,036,980.35 (Annexure ELBS 40). These unexplainable changes in the amounts of money claimed by ABSA basically duplicates the trends of the claims of SwaziBank, as described in the http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  7. 7. Southern African Banks Case Study of the latter, elsewhere on this Website. What boggles the mind is the fact that ABSA Bank has failed to show any documentary proof of any of these debts and Bonds – Not on a Rule 35(12) Order of the High Court, nor on several demands by the Master of the High Court. More about this (including documentary evidence thereof) later. 29. Despite the fact that the liquidators acknowledge that the Liquidation of Kleindoornkop Boerdery CC with registration No. 1987 … had been set aside (Annexure ELBS 41), and confirm that all the assets had been returned – this on 12 June 2006 – well knowing that they had indeed sold all these properties after the second and numberless liquidation of Kleindoornkop Boerdery CC and against created debts against the 1998 CC. 30. After the liquidation of Kleindoornkop Boerdery CC – By hook or by crook – his “enemies” realised that he still owned some properties and other assets – Assets that they failed to tie into the liquidation. It was then that Peter Joseph Hefferman again surfaced with another scheme to alienate Mr. Dlamini from the rest of his movable and immovable assets – Again in a scheme of fraud. 31. Peter Hefferman had been laying the groundwork for this scheme, long before the time. He got a As early as in the year 2000, Mr. Itshak Knafo, prompted by Peter Hefferman, claimed an amount of R 859,657.14 from Mr. Dlamini (Annexure ELBS 42). The Claim had been done by Mr. Knafo for a company by the name Sakkie Die Israeliet (Pty) Ltd, as Plaintiff, and Dumisa M Dlamini T/A Dumisa Dlamini Estate, Defendant. Interesting to note is the fact that Mr. Dlamini never owned a Company by the name Dumisa Dlamini Estate and neither did he ever trade under that name. Although Mr. Dlamini had some business dealings with Mr. Knafo, the latter owed him more money than he owed Knafo. This claim had also been steamrollered through the Courts and despite Mr. Dlamini’s vehement denial that he ever traded as Dumisa Dlamini Estate and that he owed Mr. Knafo any money, judgement had been granted. Another interesting fact is that Mr. Knafo had at the time not even been registered as a Director of Sakkie Die Israeliet (Pty) Ltd. 32. Hefferman, who had been posing as an Attorney at the time, did not then try to enforce the judgement, but held on to it for later use. It was only after the liquidation of Kleindoornkop Boerdery CC that Hefferman utilised this judgement to fraudulently – Without the consent of Mr. Knafo and without the latter signing the Application for the personal sequestration of Mr. Dlamini, Hefferman, through correspondent Lawyers in Pretoria, filed the Application with Mr. Knafo as Applicant. 33. In an affidavit in the Court documents when Mr. Dlamini litigated against Mr. Knafo and others, after the sequestration, Knafo clearly stated that he did not wish to oppose Mr Dlamini’s application, as he (Knafo) never applied for the sequestration. Mr. Knafo denied that he had ever been part of the scheme to defraud and http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  8. 8. Southern African Banks that he had registered Criminal charges against Hefferman and reported him to the Law Society (Annexure ELBS 43). The attached letter to the Law Society (Annexure ELBS 44) confirms the above. Also attached is the letter from SA Hefferman, Peter Hefferman’s Attorney brother, to the Law Society, in which he tries to explain the so called misunderstanding (Annexure ELBS 45). Also attached is a letter of confirmation from the Commercial Crimes Unit in Pretoria, about the said Case being registered (Annexure ELBS 46), while another letter from the South African Police Services dd. 24 November 2006 (Annexure ELBS 47) again confirms that this simple case had not been completed in three years – Another failure by the South African Authorities to protect a Major Foreign Investor. Annexure ELBS 48 is an affidavit regarding the above case, which the SAPS had requested Mr. Dlamini to give. 34. Attached hereto is also the Court Document (Annexure ELBS 49) containing the Opposing Affidavits from the Trustees, Co-Respondents in the case in which Mr. Knafo denied ever having applied for the sequestration in ELBS 43. In paragraph 4.4 of his Affidavit, Brian St Clair Cooper, on behalf of the Trustees if the Insolvent Estate, says that they had also been acting as external trustees in Swaziland to dispose of Mr. Dlamini’s assets in that country. What he forgets to say is the fact that they, the Trustees, ran from Swaziland when it had been found that they were acting in contravention of many of the sections in Swaziland Sequestration legislation, and had even been taken to the Swaziland High Court by one of their own Claimants, Swaziland Development and savings Bank. See the Case Study on SwaziBank elsewhere on this Website. 35. In paragraph 4.8 0f this document Cooper mentions that another, and never appointed by the Master of the High Court, Truter Wouda, also acted as Trustee and even attached an affidavit by him. Interestingly enough is the fact that Wouda had been one of the appointed Liquidators in the winding up of Kleindoornkop Boerdery CC, the fraudulent process we had been dealing with above. Did they need the EXPERT from the Liquidation, who so effectively wrapped that process up, to do the same with the administration of the, fraudulently obtained, Insolvent Estate? 36. In paragraph 4.10 Cooper claims that Knafo confirmed that no fraud had been committed, despite the latter’s Affidavit to the contrary and the registered Criminal Charges and report to the Law Society. 37. In paragraph 5.7 Cooper stated that he did not understand that Mr. Dlamini waited so long to address the sequestration in Court. If one looks at the date the Commissioner of Oaths commissioned this affidavit, i.e. the 15th day of March 2007 (somewhere in future), this may be understandable, but he forgets that Mr. Dlamini had filed a NOTICE OF LEAVE TO APPEAL as early as 26 June 2003 (Annexure ELBS 50) An Application that had, to this day, not been addressed by the Court and is still http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  9. 9. Southern African Banks pending. He also filed a: NOTICE OF INTENTION TO REVIEW THE HONOURANBLE JUDGE MR. JUSTICE KRUGER W.R IN TERMS OF RULE 53 (Included in ELBS 50). This Case is also still pending. Please note that the Honourable Justice Kruger is an Advocate who had , at the time, as a temporary Acting Judge, taken over the Case from the Honourable Judge Bertelsmann, who had withdrawn from the Case and later refused to even discuss the reasons therefore wit Mr. Dlamini. The Honourable Judge even had Mr. Dlamini removed from his Offices when he tried to see the Honourable Judge in this regard. This case is also still pending. 38. Annexure ELBS 51, Annexure ELBS 52 and Annexure ELBS 53, are representations made to ABSA Bank Senior Management regarding the Fraudulent Liquidation and Sequestration. These had been referred to the ABSA Legal: Litigation and Disputes Team, to which Annexure ELBS 54, 55 and 56 had been sent, for their attention. 39. The attached reply, on behalf of ABSA Bank, by Attorney of Record during both the Liquidation and Sequestration, as well as the litigation before those for the Bank, W A Du Randt from Law Firm Tim Du Toit Attorneys (Annexure ELBS 57), contains threats against EL Business Solutions and does not attempt to supply any real answers to the latter’s requests/demands, to supply documentary proof of ABSA’s claims. In paragraph 4 Du Randt points out that Sakkie Die Israeliet (Pty) Ltd. had been the Applicant in the Sequestration proceedings, well knowing that this had been denied by Knafo and that Criminal Charges as well as a report to the Law Society had been registered. Du Randt threatens that ABSA would oppose any effort to get the sequestration set aside and threatens to seek Special Costs including costs de bonis propriis against EL Business Solutions. His threats had been expected and EL Business Solutions would have loved to get facts to light in an open Court as they were and still are aware that ABSA Bank does not possess any valid documentary proof of any application for the Bonds Mr. Dlamini is alleged to have made, and has no proof that any of those monies had been paid to him or on his behalf – this despite the Settlement Agreement Mr. Dlamini had been bullied into after the mysterious disappearance of his Legal Team from the Court, that day. 40. Despite the above the ABSA Legal: Litigation and Disputes Team, continued to interact with EL Business Solutions and days before the latter received a written response, dd. 31 October 2006, from them (Annexure ELBS 58) they telephonically indicated that they, until then, could not find any such proof of claims. The latter Annexure came as a total surprise to EL Business Solutions (ELBS), because up to that stage it really looked as if ABSA Bank’s Legal Department was taking matters seriously. In this letter EL Business Solutions was blatantly referred back to ABSA Attorney of Record, Du Randt, who seemed to, again have hi-jacked the matter. They also referred to the fact that Mr. Dlamini failed with Criminal and Civil litigation, many times, in the past – a fact that had been dealt with above. All these cases, Civil and Criminal, had been swept under the carpet, and in many Cases the Courts have allowed ABSA to bring Litigation despite pending cases on basically the same subjects – Actions which nullified those attempts. Then, two weeks later, ELBS received a letter dd. 13 November 2006 from Du Randt, confirming same. This letter actually then lacked the threatening trend of the previous one (Annexure ELBS 59). 41. http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  10. 10. Southern African Banks In an internal Memorandum in the offices of the Master of the High Court the writer is of the opinion that Mr. Dlamini had been fraudulently sequestrated (Annexure ELBS 60). This follows the attached Masters Report (Annexure ELBS 61). In this document mention is made of the uncompleted cases in South Africa and Swaziland. See paragraph 40 above. The fact that the Authorities have totally failed to bring relief to everything that had been reported. 42. Annexure ELBS 62 is a letter from the Master to the Trustees in which the absence of proof of claims by most Claimants is queried. The Trustees respond to this with a letter (Annexure ELBS 63) confirming that the Claimants had been requested to forward such documentary proof. This clearly shows that the Trustees alienated Mr. Dlamini from his Properties and other assets without proof of claims on file. 43. On Application by Mr. Dlamini, the High Court issued a Rule 35(12) Order Compelling the Trustees to show documentary proof of claims by 23 May 2006 (Annexure ELBS 64). The attached letter from the Trustees to ABSA Bank (Annexure ELBS 65) confirms that they had no proof of ABSA claims on file, as at 17 May 2006. Annexure ELBS 66, 67 and 68 are further correspondence in the above regard. To this day the Trustees as well as the Claimants are in Contempt of the Rule 35(12) Court Order, and could not provide any such proof of claims. You will note that SwaziBank proved their claims by he minutes of a meeting, as if one can decide at a meeting that somebody owes you money and that is acceptable proof of debt. The South African Revenue Services actually owes Mr. Dlamini Millions of Rand in overpaid taxes as per an Auditors Report, and their claims had mainly been based on the monies that Transvaal Suiker Beperk (TSB) reportedly paid to Mr. Dlamini – Monies he had never received and which had been sidelined by ABSA Bank. 44. In his letter to the Master, dd. 11-06-2006, Du Randt, ABSA Attorney of Record, writes that ABSA proved their claims – Despite the above. He also states that Kleindoornkop Boerdery CC had been successfully liquidated but fails to mention that the CC had been liquidated without a registration number – This despite the fact that he and all the other participants new about the other CC with identical name which had been registered. He also cannot deny this as he had been one of the people who received Power of Attorney to Transfer the Properties from this 1998 CC, a CC to which these properties never belonged. 45. Attached hereto is another request to the master of the High Court re the proofs of Claims (Annexure ELBS 71). A request that remains unfulfilled. 46. As a result of the facts that Bonds had been registered in the name of a different CC, a CC that did not even belong to Mr. Dlamini, he wrote the attached letter to the Chief Registrar of Deeds, requesting a check on the methodology utilised to do the Transfers from one CC while the Bonds had to be cancelled in another CC (Annexure ELBS http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  11. 11. Southern African Banks 71). The document is self explanatory and contains very interesting facts. 47. This investigation opened a can of worms. It had been found that there had been no valid Power of Attorney to Transfer for all the Transfers done. The Chief Registrar of Deeds called for a meeting with the Senior State Attorney where the other participating Authorities like CIPRO (Registrar of Companies and Close Corporations) and the Master of the High Court was supposed to be represented. Annexure ELBS 72 reflects the outcome of this meeting, and we quote: “I must say that the meeting went very well and it was general consensus that serious irregularities appeared to have been committed in all of the transactions interrogated.” It is therefore clear that fraud had been at the order of the day during the whole administrative/wrapping up process of both the Liquidation and the Sequestration. 48. The attached Sales Agreement as compiled by the Trustees of Mr. Dlamini’s Insolvent Estate, shows that the farm, that had in fact been registered in the name of the Company Paradise Game Ranch Share Block Limited, had been sold from a Close Corporation Share Block CC (Annexure ELBS 73), while the actual CC had been fraudulently registered with Mr. Dlamini as Member as early as 1994, and named Paradise Game Ranch CC with registration No. 1994/034495/23. See the note by the Conveyanser on the last page on the deeds transfer document (Annexure ELBS 74) in this regard. The Power of Attorney to Transfer again shows the CC (also in the wrong name Paradise Game Ranch Share Block CC, with the Share Block scratched out and initialled by only one person) and with the wrong registration Number 1997/034495/23 – All this while the farm had actually been registered in the name of Paradise Game Ranch Share Block Limited (Annexure ELBS 75). Also attached is the registration certificate for Paradise Game Ranch CC Registration Number 1994/034495/23 (Annexure ELBS 76), in which Mr Dlamini had been fraudulently registered as Member. Please also take note that the original Paradise Game Ranch Share Block Limited had 3 other directors excluding Mr. Dlamini. Yet the other Directors had been totally ignored when the farm had been confiscated in the sequestration of Mr. Dlamini alone. In the attached Deeds office document (Annexure ELBS 77), the non existing CC Registration number 199703449523 is depicted as the company against which the interdicts had been obtained. In the founding Affidavit by the Trustees, by Truter Marais Wouda, the never appointed Trustee, they apply for the eviction from the farm belonging to the fraudulent registered Paradise Game Ranch CC. (Annexure ELBS 78) Also attached the NOTICE OF MOTION regarding the latter. (Annexure ELBS 79) 49. In the attached letter from THE MASTER OF THE HIGH COURT to the DIRECTORATE OF SPECIAL OPERATIONS dd 30 May 2006 the Master requested an investigation into the suspicions of fraud in the sequestration of Mr Dlamini (Annexure ELBS 80). Needless to say nothing has since been done about this request. E L Business Solutions wrote a letter to Advocate Gerrie Nel of the Directorate of Special Operations at the NATIONAL PROSECUTING AUTHORITIES dd 24 October 2006 in this regard. The attached (Annexure ELBS 82) is the only reaction to date. 50. The letter written by E L Business Solutions to the MASTER OF http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  12. 12. Southern African Banks THE HIGH COURT dd 9 October 2006 (Annexure ELBS 83) remains unanswered to this date. A letter to the Master dd 18 October 2006 (Annexure ELBS 84) suffers the same fate. 60. The ELBS letter to the PRETORIA CENTRAL CRIMES UNIT dd 16 October 2006, (Annexure ELBS 85) copied to the National Commissioner of South African Police Services has been answered (Annexure ELBS 86). 61. The letter to the HONOURABLE Minister of Justice and Constitutional Affairs dd 31 October 2006 (Annexure ELBS 87) resulted in being passed on to the National Commissioner of the Police (Annexure ELBS 88). 62. The matter had also been referred to the Honourable President of South Africa on 3 November 2006 (Annexure ELBS 89), who confirmed that the matter had been referred to the Ministry of Justice and Constituently Development and ELBS had been promised that the Presidency would report back in due course. (Annexure ELBS 90) 63 With reference to paragraph 47 above, the investigations mentioned have now reached an advanced stage. The attached Memorandum from the Department of Land Affairs (Annexure ELBS 91) makes for very enlightening reading. Under the heading “ELABORATE IRREGULARITIES INVOLVING CIPRO, MASTER’S BUSINESS UNIT & PRETORIA DEEDS REGISTRY: DUMISA DLAMINI’S MATTER” (see annexure ELBS 30) one expected fireworks. (The Annexures referred to in ELBS 91, with Tag numbers have been split to facilitate easier opening on Website, as follows: (Annexure ELBS 91.1) (Annexure ELBS 91.10) (Annexure ELBS 91.19) (Annexure ELBS 91_2) (Annexure ELBS 91_11) (Annexure ELBS 91_20) (Annexure ELBS 91_3) (Annexure ELBS 91_12) (Annexure ELBS 91_21) (Annexure ELBS 91_4) (Annexure ELBS 91_13) (Annexure ELBS 91_22) (Annexure ELBS 91_5) (Annexure ELBS 91_14) (Annexure ELBS 91_23) (Annexure ELBS 91_6) (Annexure ELBS 91_15) (Annexure ELBS 91_24) (Annexure ELBS 91_7) (Annexure ELBS 91_16) (Annexure ELBS 91_25) (Annexure ELBS 91_8) (Annexure ELBS 91_17) (Annexure ELBS 91_26) (Annexure ELBS 91_9) (Annexure ELBS 91_18) (Annexure ELBS 91_27) 64. Specifically noteworthy in paragraph 7 on p. 4 of this report is the following: “On 23 July 2002, a liquidation interdict was noted in the DRS of Pretoria deeds registry against the name of Kleindoornkop Boerdery CC 1998/028045/23. The said interdict is filed as I 10981/2002 CY. … It must be pointed out, in relation to this interdict, that the information contained in the DRS does not correspond with the information contained in the source document, in that the source document refers to Kleindoornkop Boerdery CC 1987/08027/23 and not Kleindoornkop Boerdery CC 1998/028045/23. http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  13. 13. Southern African Banks … On 7 June 2004, a liquidation interdict was noted in the DRS of the Pretoria deeds registry against the name of Kleindoornkop Boerdery CC 1987/08027/23”. ( we here refer you to paragraph 16 above – the numberless CC liquidated- Which means that this had been a fraudulent liquidation interdict which had been filed on 7 June 2004.) 65. In paragraph 8 on p. 5 of this document it is stated: “The deeds office records at the time of the transfer of the properties to Break Even 76 (Proprietary) Limited No. 2004/010513/07 were contradicting one another. The DRS reflected Kleindoornkop Boerdery CC 1998/028045/23 as the registered owner. On the other hand the relevant title deeds reflected Kleindoornkop Boerdery CC 1987/08027/23 as the registered owner.” … “Rectification of deeds and, if applicable, of the DRS, generally, takes place on the basis of an application in terms of section 4(1)(b) of the DRA.” … “ It is important to note that neither did the title deeds nor the DRS printouts reflect the registration of the application referred to above.” 66. Paragraph 9 of the report shows that: “ The transfer of properties was based on power of attorney executed on 1 June 2004 by the liquidator of Kleindoornkop CC 1998/028045/23 (In Liquidation).” … “In the examination process , the discrepancy referred to in paragraph 8 was never queried by the examiners concerned, as it should. In addition, the discrepancy referred to in paragraph 7 was not queried by the examiners.” 67. In Paragraph 10 “CONCLUSIONS” it is noted that:- - The deeds office had been well aware of the existence of the two Close Corporations with identical names, but different registration numbers; - “The deeds office recorded the liquidation of Kleindoornkop Boerdery CC - 1998/028045/23 without ever receiving any source document that relates to The liquidation of the said Close Corporation; the Pretoria deeds registry DRS information regarding the ownership of the properties mentioned in this report was, at some stage, changed from Kleindoornkop Boerdery CC 1987?08027/23 to Kleindoornkop Boerdery CC 1998/028045/23 and that this change was not based on any section 4(1)(b)application, as is normally the case; the examination process when the properties were to be transferred to Breakeven (Proprietary) Limited No. 2004/010513/07 failed to query an important and a conspicuous discrepancy that existed between the DRS and title deeds of the properties.” 68. The “RECOMMENDATIONS” contained clearly shows that the following role players needed to be investigated:- http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  14. 14. Southern African Banks - Deeds Office personnel/officials involved - The Officials of CIPRO, involved in the fraudulent registration of a second and identical Close Corporation. - The Liquidators involved in the Liquidation process and their appointments. - The Conveyancers involved. 69. In conclusion, the above makes it abundantly clear that the Fraudulent Liquidation Process, which directly led to the Fraudulent Sequestration Process, had been planned and executed over many years. In the process of creating scenery that would serve to confuse and facilitate the total demise of the Financial Empire of Major Foreign Investor, Mr Dumisa Dlamini, had eventually confused the perpetrators of the fraud to such an extend, that it became impossible to wipe out the trails of their deeds. 70. It is appalling to note, that the Authorities in South Africa had been dragging their feet for so many years, which allowed Mr. Dlamini to be alienated from his total Investment into this Country, in such a blatantly fraudulent manner. Not even our so called effective Legal System had until now, protected his interests. Every piece of litigation that Mr. Dlamini has instituted had either been wiped under the carpet, delayed, short circuited or remains pending. 71. HATS OFF, TO THE DEPARTMENT OF LAND AFFAIRS, who at last put hand into their own bosom, and came up with the TRUTH! CONGRATULATIONS TO CIPRO, who joined into the Investigation/inquiry! Sadly THE MASTER OF THE HIGH COURT failed to accept the invitation of the STATE ATTORNEY, who chaired the original meeting, which led to the Inquiry. 72. Also sadly, the rest of Officialdom are still dragging their feet to do something and help resolve these issues, to restore the Financial Empire of a Major Foreign Investor – A Man, who with his family, had been put on the street without a cent to his name! 73. Also see the attached Affidavit by Liquidator Truter Wouda (Annexure 92), in which he tries to make out that he does not know why the WRONG KLEINDOORNKOP BOERDERY CC , with Reg. No. !998/028045/23, had been used in the liquidation! This is laughable, in light of the clear facts in the former Annexure ELBS 92, which shows us how the Properties had been fraudulently Transferred to this CC where all the fraudulent Bonds have been registered as well. He ignores the fact that this had been a scheme to confuse – A scheme that had been planned long before (1998) to cater for exactly the possibility that the Liquidation of the 1987 CC could be set aside, and facilitate their Legal Gymnastics in this manner. 74. Attached hereto is ELBS’s latest correspondence to ABSA Attorney of Record, Mr. W.A. Du Randt, copied to the head Office of his Law Firm, Tim Du Toit Attorneys in Pretoria, as http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  15. 15. Southern African Banks well as to the ABSA Bank: Legal Litigation and Disputes Team (Annexure ELBS 93). This document sets out the totally illegal process followed, by which Mr. Dlamini’s properties and other Assets had been stolen from him, despite the first Liquidation. The Annexures mentioned in this document is attached in the same order. (Annexure ELBS 93.1) (ELBS 93.2) (ELBS 93.3) (ELBS 93.4) (ELBS 93.5). 75. The attached letter from the Master of the High Court to LVK Trust (Annexure ELBS 94 ) clearly shows that things are, at last, coming to a point. In this letter the Master states that it is clear that Mr. Dlamini had been fraudulently sequestrated, that the Trustees knew this and by going on with administering the Fraudulently obtained Sequestration and are therefore party to it. He also points out that the Trustees are in Contempt of the Rule 35(2) Order by the High Court and are in breech of several prescriptions of the Law on Insolvency. 76. Also attached is a letter from E.L. Business Solutions to the ABSA Legal: Litigation and Disputes Team (Annexure ELBS 95 ), on their request following the copy of the letter to Attorney WA Du Randt, in paragraph 74 above. 77. With reference to paragraph 4 above, and specifically Annexure ELBS 3, the registered Kleidoornkop Boerdery CC with Reg. No. 1998/028045/23, mentioned therein. We have been contacted by Mr Wilsenach, the Registered Member of this duplicate named CC, from London, suddenly after ELBS has become very active among the Perpetrators of the Crimes, in Mpumalanga again, during the last half of 2006. He claimed that his CC had been and still should be dormant, and that he had not utilised it. This was clearly total hogwash if you study the attached Deeds Office documentation re the Transfer of one of Mr. Dlamini’s farms that had been sold by Wilsenach’s CC (Annexure ELBS 96). The 10th page of this document clearly requests that the transfer be speeded up because he, Mr. Wilsenach, had already been in London and needed the money urgently – So much for knowing nothing about the scam. 78. With reference to paragraphs 74 and 76 above, the attached letter from Tim Du Toit Attorneys dd. 8-02-2007, had been received on enquiries made by Mr. Dlamini (Annexure ELBS 97) In this document answers had been promised. Very shortly after this, we have received another letter from these Attorneys telling us that they were not going to answer and will claim major costs against us and our Client (Annexure ELBS 98). 79. In our reply we told Tim Du Toit Attorneys that we are looking forward to see them in Court. We then also wrote a letter to the newly appointed Chairman of ABSA Bank, Ms. Gill Marcus, informing her about the goings on (Annexure ELBS 100) 80. After the latest round of correspondence between ELBS, our Client, Mr. Dlamini and ABSA Legal: Litigation and Disputes Team and their Attorneys of Record, we received the attached letter from Tim Du http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  16. 16. Southern African Banks Toit Attorney’s Mr. Du Randt (Annexure ELBS 101). From this letter it is clear that ABSA Bank Legal team had instructed its attorneys to arrange a meeting to discuss matters around the table – This after so many previous attempts to get the Bank to discuss matters. 81. The next moment, on the same day as the above, we had also been served with High Court Papers (Annexure ELBS 102a)(Annexure ELBS 102b)(Annexure ELBS 102c)(Annexure ELBS 102d)(Annexure ELBS 102e). 82. With reference to the Writs, attached as Annexures ELBS 9, ELBS 10 & ELBS 11, there had been some new developments. These WRITS had been reissued by the Registrar of the High Court (Annexure ELBS 103) (Annexure ELBS 104) & (Annexure ELBS 105). Two of these WRITS (Annexures ELBS 103 & 104) had been handed to The Sheriff of the Court in Johannesburg to execute – Please note that these had been issued on behalf of Kleindoornkop Boerdery CC 1987/08027/23, belonging to Mr. Dlamini. When the Sheriff tried to serve these on ABSA Bank at ABSA Towers, in Johannesburg, they showed him a Liquidation Certificate for Kleindoornkop Boerdery CC – without number – and sent him away. You will remember that this liquidation certificate is the one fraudulently obtained, after the liquidation of Mr. Dlamini’s Kleindoornkop Boerdery CC 1987/08027/23 had been set aside by the High Court. (See paragraph 16 above) ABSA Bank has therefore denied the Sheriff to fulfil his duties by showing him a document they knew not to be in relation with the specific Close Corporation mentioned in the WRITS. Returns of Service attached as Annexure ELBS 106 & Annexure ELBS 107. 83. The other Writ (Annexure ELBS 105) had been given to the Sheriff of the Court in Pretoria for execution. Here, ABSA Bank came out with another ploy by showing the Sheriff a Registered Application To Intervene, in the Application to Set Aside the Sequestration of Mr. Dlamini in his personal capacity, claiming that current litigation precludes the execution of this WRIT – As if this case has anything to do with Kleindoornkop Boerdery CC, in which name the WRIT had been issued – Another illegal deterrent preventing the Sheriff from fulfilling his duties. This document that had been utilised had been faxed to ABSA Bank, while the Sheriff had been on the premises, by Tim Du Toit Attorneys. 84. These points had been clearly pointed out to the Sheriffs in question. – Totally illegal Acts by ABSA Bank and their Attorneys of Record, hindering the Sheriffs in the execution of their duties. Instead of the Sheriffs returning to ABSA Bank and, this time, properly executing the WRITS, we are now expected to pay an amount of R 3 Million into the Sheriff’s account as surety, should ABSA Bank hit them with a claim, after execution of the WRITS. Just another example of the UNTOUCHABILITY of the Bank, by authorities - The Registrar of the High Court would surely not have reissued these WRITS if there had been any doubt of the current standing of the Active and Registered Kleindoornkop Boerdery CC 1987/08027 23. (Annexure ELBS 108) 85. It therefore seems that we are going to have to revert to the High Court again to get these WRITS executed, and site both ABSA Bank http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  17. 17. Southern African Banks for their illegal hindering of the Sheriffs of the Court in the execution of their duties, and the Sheriffs involved for dereliction of duty and damages. It may now also be the time to Apply for WRITS regarding the, since 2002 outstanding monies ABSA also owes Kleindoornkop Boerdery CC 1987/08027/23, as per Annexures ELBS 6 & 7 above – A total of over R 163 Million plus interest since 2002. 86. On 17 April 2007, the Deputy Sheriff of Johannesburg Central, again went to ABSA Towers in Johannesburg and executed three WRITS OF EXECUTION by attaching R 12.6 Million worth of movable assets (Annexure ELBS 109) 87. In the Business Day Publication, The Weekender of 21-22 April, an article regarding the execution of the above WRITS OF EXECUTION was published (Annexure ELBS 110). This being the first time any newspaper in this country was prepared to publish, despite threats from ABSA Bank. All the other papers were always very interested in this story, but fell off the bus every time they receive a threat that ABSA Bank would withdraw its advertising if they publish anything in this regard – So much for FREEDOM OF THE PRESS. 88. Manager of ABSA Bank’s Legal: Litigation and Disputes Team, in his input in the above article states that neither Mr. Dlamini, nor Kleindoornkop Boerdery CC 1987/08027/23, ever obtained any judgements against ABSA Bank, but fails to say that these WRITS had been issued while ABSA Bank had been litigating against the other parties, when the presiding judge realised that they (ABSA) were in contempt of their own Court Orders. 89. He also alleges that ABSA Bank previously managed to get the WRITS set aside – Which is a lie. With reference to paragraph 13 above, you will see that ABSA Bank’s Attorney of Record got one of the WRITS set aside pending reapplication within 14 days, a reapplication which had never been done, making this Court Order nil and void – Maybe half a truth is seen by Mr. Cooper, to be better than a lie. Is he insinuating that one can merely walk into the Offices of the Registrar and ask for whatever Writs you want, without those every having been issued by the Court? 90. Cooper’s allegation that Mr. Dlamini, as an insolvent, may not litigate, is some more hogwash.. Despite the fact that a different Person owning an unknown to Mr. Dlamini, entity, had been fraudulently sequestrated, and that he had then been treated as the insolvent, a fact which had been confirmed by the Master of the High Court, The State Attorney’s meeting, and the Deeds Office Report. We have determined that, despite the fact that Mr. Dlamini is not the person who had been sequestrated, an Insolvent may litigate without the permission of the Trustees of his insolvent estate, under certain circumstances. I quote from the authoritive publication on Insolvency Law, “The Law of Insolvency” by Catherine Smith: “Since the insolvent has a vital reversionary interest in his insolvent estate he has the right to litigate in matters connected with the administration of the estate. Thus he has the right to institute action to recover property which in his opinion should belong to the estate where his trustee has refused to take the necessary steps; he has the right of action against the trustee for maladministration of the estate; he may object to the improper sale of assets by the trustee and for the admission of any proof of debt not enforceable against him; the courts have recognised the insolvent’s locus standi to attack the liquidation account or to intervene as defendant in an action brought http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  18. 18. Southern African Banks against the estate, He may bring an application for an order removing his trustee from office. He also has the right to bring review proceedings against any ruling by the master or any presiding officer at a meeting of creditors.”(Annexure ELBS 111) 91. The rest of his explanations re the debts of Mr. Dlamini and Kleindoornkop is also total hogwash. The rest of the history of the fraudulent creation of debt, the liquidation of a Kleindoornkop Boerdery CC without registration number, the theft of the Farms belonging to Mr. Dlamini, and his Kleindoornkop Boerdery CC 1987/08027/23 and other Companies by fraudulently transferring same, as well as the fraudulently created Bonds, to the fraudulently registered Kleindoornkop Boerdery CC 1998/028045/23, had been dealt with in this WEBSITE, at length. The current staying of the WRITS he refers to, will be dealt with hereafter. 92. On the day that the Sheriff attached to over R 12 Million in movable assets, at ABSA Towers, they, wit the Liquidators of the numberless Kleindoornkop Boerdery CC – A non-entity – Ran to the High Court wit an Urgent Application to get the WRITS out of the way. They then faxed the attached order to the Sheriff, to stop him removing the attached assets.(Annexure ELBS 112) 93. We attach hereto the Court documents in this case (Annexure ELBS 113) .The following paragraphs sets out how these parties, involved in the fraudulent creation of debts, and the fraudulent theft of the properties, as set out above, again abused the High Court, to try to get away with these crimes. These documents had been missing from the Court file, on 19 April when we wanted to get copies. On enquiries to the Clerk of Honourable Judge Botha, she phoned the Offices of Tim Du Toit Attorneys, they admitted to removal of the documents from Court, and said they would only return same, on 23 April 2007. The Registrar confirmed the absence of documents on file as per the attached note. (Annexure ELBS 114) THE PARTIES. 94. The FIRST APPLICANT is JOACHIM HENDRIK BOTHA, in his capacity as the duly appointed joint liquidator of Kleindoornkop Boerdery CC (in liquidation) (with no registration number and therefore a non-entity), practising as such from Sechaba Trust, 1018 Church Street, Hatfield, Pretoria. 95. The SECOND APPLICANT is TRUTER MARAIS WOUDA, in his capacity as the duly appointed joint liquidator of Kleindoornkop Boerdery CC (in liquidation) (with no registration number and therefore a non-entity), practising as such from LVK Trust, De Kleine Admiraal, 76 Andries Street, Pretoria. 96. The THIRD APPLICANT is THEMBA BENEDICT LANGA, in his capacity as the duly appointed joint liquidator of Kleindoornkop Boerdery CC (in liquidation) (with no registration number and therefore a non-entity), practising as such from Langa Attorneys, 423 Jan Smuts Avenue, Blairgowrie, Randburg. 97. The FOURTH APPLICANT is ABSA BANK LIMITED, a company and Bank registered as such in terms of the Companies Act, 61 of 1973 and the Banks Act, 1990, with registered address at 27th Floor, ABSA Towers, 160 Main Street, Johannesburg, and the Applicant for the liquidation of Kleindoornkop Boerdery CC. (with no registration number and therefore a non-entity) 98 KLEINDOORNKOP BOERDERY CC (NOT IN LIQUIDATION) (REGISTRATION http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  19. 19. Southern African Banks NUMBER 1987/08027/23 AND THE WINDING UP OF THE NUMBERLESS KLEINDOORNKOP BOERDERY CC. Kleindoornkop Boerdery, First Applicant in this matter CC 1987/08027/23, was fraudulently sequestrated in 2002, by bogus attorney PETER JOSEPH HEFFERMAN, who fraudulently registered himself as Sole Member of the CC and placed it in Voluntary Liquidation, with ABSA Bank Limited as major Claimant. 98.1 On Application, this Voluntary Liquidation had been set aside, by the Honourable Justice De Vos, firstly due to the theft of the CC and its fraudulent Voluntary Liquidation, and secondly because it had been proved that Second Respondent in this matter, owed First Applicant, Kleindoornkop Boerdery CC 1987 … in excess of R 163 Million (one hundred and sixty three million Rand) as by January 2002. This had been proved by the Reports of independent Accountant, Haroon Minty and accepted by the Court. 98.2 In stead of appealing against the above, FOURTH APPLICANT, in this matter, through Attorney of Record, WILLEM ADRIAAN DU RANDT from Law Firm Tim Du Toit Attorneys, rather applied for the Liquidation of a numberless Kleindoornkop Boerdery CC. 98.3 The order for the final winding up of Kleindoornkop Boerdery CC, attached to the Application on the Court Order, in this matter, as Annexure F, is a forged document. Due to the fact that no number for the liquidated Kleindoornkop appears anywhere in The Court documents in the liquidation proceedings, the Court reissued the correct liquidation Order without registration number. 98.4 Most probably, in preparation of a contingency plan in case of circumstances, such as above arising, another Kleindoornkop Boerdery CC with Registration Number 1998/028045/23, had been fraudulently registered in 1998. In an affidavit, trying to explain why he allowed this fraudulent registration to go through, Senior Legal Advisor at CIPRO, Johannes Friedrich Helberg, states that he had been told that the existing registered Kleindoornkop Boerdery CC, 1987/08027/23, was being liquidated – This four years before the actual fraudulent liquidation of same, the liquidation which had been set aside. 98.5 Another senior legal advisor at CIPRO, Mr. D.M. Mokaba, submitted the attached affidavit, stating that Kleindoornkop Boerdery is active, and that RESPONDENT is registered as the sole member. 98.6 In paragraph 2 of his FOUNDING AFFIDAVIT, FIRST APPLICANT, states under oath that he is the appointed joint liquidator of “Kleindoornkop Boerdery CC (in liquidation) (registration number 1987/08027/23)” and SECOND APPLICANT in that matter, confirms same in his CONFIRMATORY AFFIDAVIT, but conveniently does not include the registration number of the CC. This, most probably, because he knows that the inclusion of the registration number will make him guilty of perjury as well – Especially because he had already made an affidavit, wherein he states that they, the liquidators of Kleindoornkop Boerdery made a mistake when they issued the POWER OF ATTORNEY TO TRANSFER the properties in question, in the name of Kleindoornkop Boerdery 1998/028045/23 – The CC that had been fraudulently registered in 1998 – and that it should have been issued under Kleindoornkop CC 1987/08027/23, and that he does not know how this happened. This is some more perjury, because he was well aware that, by then, they have fraudulently transferred al said properties, and the fraudulently created debts of the http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  20. 20. Southern African Banks latter Kleindoornkop, to Kleindoornkop Boerdery CC 1998/028045/23, to get around the set aside of my Kleindoornkop 1987’s liquidation. See the attached Report compiled by the Deeds Office, in this regard. This confirms what the Registrar of the Deeds Office stated in an earlier letter that: “I must say that the meeting went well and it was general consensus that serious irregularities appeared to have been committed an all the transactions that were interrogated.” This meeting took place in the offices of the State Attorney and was attended by the Deeds Office and CIPRO. It is therefore clear that FIRST, SECOND AND THIRD APPLICANTS, were and still are, well aware that they were dealing with the winding up of a liquidated numberless and non-existing Kleindoornkop … CC, selling properties in Sale in Execution which had been stolen from Kleindoornkop Boerdery CC 1987/08027/23, transferring them from Kleindoornkop Boerdery CC 1998/028045/23. In a letter to the Master of the High Court, the liquidators confirm on 12 June 2006, that Kleindoornkop Boerdery CC 1987/08027/23 and all the properties are being returned to RESPONDENT in this matter, because of the set aside of the liquidation. This never happened. 98.7 After the fraudulent theft of all the above properties (twelve farms), RESPONDENT still owned a host of other properties and businesses. It seems that the organised group of racketeers, who was involved in the Kleindoornkop saga, was determined to financially wipe out Second Applicant totally. A fraudulent application for the Sequestration of one DM Dhlamini (Note the different spelling of the surname) was then brought, utilising a Mr. Itshak Knafo of Sakkie Die Israeliet (Pty) Ltd, to, without his knowledge and authority, declare DM Dhlamini insolvent – See paragraphs 12 and 13 of the FOUNDING AFFIDAVIT of FIRST APPLICANT in that matter, in this regard. 98.8 In an affidavit in Court Proceedings, Mr. Knafo states clearly that he had never been the applicant to this sequestration, that his signature on the applicant’s affidavit was forged, and that these people tried to bribe him with a farm, to keep quiet (Annexure ELBS 116) Mr. Knafo also registered criminal charges at the Commercial Crimes Unit (CCU) of the South African Police Services (SAPS) as per the attached affidavit (Annexure ELBS 117)... 98.9 FOURTH APPLICANT in this matter, immediately joined the party again, with an even bigger claim. The sale of the stolen farms seems to have made the fraudulently created debts to same grow, in stead of shrink. The rest of the properties and businesses, each registered in the name of different Companies, belonging to RESPONDENT, was then also stolen – Some sold on Sales in Execution from the fraudulently obtained Insolvent Estate, and the rest merely stolen and sold of to family, friends and whoever was interested. The report from Accountant Haroon Minty is a good summary of all the properties which had been stolen during these fraudulent processes. (Hundreds of Millions of Rand) worth of properties had been stolen in these processes.) THE WRITS OF EXECUTION 99. The WRIT OF EXECUTION re Case No. 18225/98 – Annexure H to the FOUNDING AFFIDAVIT by FIRST APPLICANT in that matter, had been obtained based on a Court Order on a Case with the same number – Part of the latter annexure – because FOURTH APPLICANT in this matter, failed to adhere to their own Court Order which states that they were supposed to pay part of the monies they received on First Applicant’s sucrose quotas, into its account. This never happened. (See paragraph 5 of this Order) 100. The other two WRITS OF EXECUTION had been issued based on Case No. 18836/98 and another Court order obtained by FOURTH APPLICANT in this matter, an Order they were also in contempt of, in the same manner as described in the paragraph above – Annexure K to FIRST APPLICANT’S, FOUNDING AFFIDAVIT in this matter. (See paragraph 7.1 of the Settlement Agreement) 101. The Minty Reports clearly show how the fraudulent debts were created. These fraudulently created debts had been the basis for both the above Court Orders, the Orders which the SECOND RESPONDENT in this matter, was in contempt of. The latter obtained the above Settlement Agreement, made Court Order, when RESPONDENT and his Kleindoornkop … had been defending the matter in the High Court. Their legal team under http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  21. 21. Southern African Banks Advocate Arnoldi mysteriously disappeared from the Court, minutes before the proceedings started, and Second RESPONDENT had been threatened by ABSA Bank’s Attorney of Record, WA Du Randt, that he would liquidate RESPONDENT’S CC and sequestrate him, if I he does not sign the Settlement Agreement. Being stranded in Court without legal representation, RESPONDENT succumbed to his threats and signed the agreement. According to Minty’s Reports, these fraudulently created debts had been paid, and between the money stolen from the above agreements and other fraudulent transactions by the FOURTH APPLICANT in this matter, they have by January 2002, stolen more than R 163 Million from RESPONDENT and his CC – Then still fraudulently stole all farms in the liquidation of a duplicate named CC, only to come with an even bigger claim during the fraudulent sequestration. 102. Due to the fact that all the debts claimed against the Insolvent Estate had never been entered into by RESPONDENT and his CC, they knew that no legal documentary proof for these debts could exist. Investigations at the Offices of the Master of the High Court, proved that no such proof of debts had been filed. The Master wrote several letters to the Trustees to produce same, but they also had nothing on file. They then requested the Claimants against the Insolvent estate to produce same, but to no avail. RESPONDENT then obtained a Rule 35(12) Order (Annexure ELBS 119) from the High Court on 17 May 2006, compelling the Trustees to provide same by 12h00 on Tuesday 23 May 2007. They failed to do so to this day. In a letter to the Master, WA Du Randt, Attorney of Record of the FOURTH APPLICANT, tried to bypass the Rule 35(12) Order by saying that his client has proved their debts. He also states that the Settlement Agreement, he threatened out of RESPONDENT, had been properly implemented – This despite the fact that the Minty Reports show differently. His biggest problem is that the debts on which the Settlement Agreement is based had been fraudulently created, and FOURTH APPLICANT will never be able to provide legal documentary proof of these debts. 103. An Investigation in the Masters offices found that RESPONDENT had been fraudulently sequestrated. The Master then requested the Directorate of Special Operations (DSO) (Scorpions) to investigate the fraud – But to no avail. The same fate befell every criminal charge RESPONDENT, on behalf of himself and/or his Kleindoornkop, have ever registered for the investigation of the fraud and theft which had been committed in the creation of the fraudulent debts. This is confirmed in the report compiled by the Deputy Director of Public Prosecutions, Advocate B.J. Bredenkamp SC, in which he states: “A matter of concern to this office is the repeated indications/rumours that a group of influential people and institutions in Nelspruit, for example ABSA Bank, certain attorneys and the farming community appear to be to powerful to be investigated.” The Master, in his letter to the Trustees, dd. 24 August 2006, demanded answers on the following: - That the Trustees have not complied with the Rule 35(12) Order - That the signature of the applicant in the sequestration application was forged and as such the application was fraudulently brought. - That there are no creditors in the Estate. - That no resolutions have been passed authorising the Trustees to sell estate assets. - That the estate has no debts. - That the Trustees are aware that the insolvent had been fraudulently sequestrated and have allowed themselves to become party to the same. - That the Trustees failed to respond to the Masters letter. (Needless to say, this letter has so far met with the same fate.) 104. In paragraph 41 of his FOUNDING AFFIDAVIT, FIRST APPLICANT, states that FOURTH APPLICANT, got one of the WRITS OF EXECUTION set aside on 15 August 2002, pending reapplication within 14 days – Which is true, The reason that a reapplication had been ordered was the fact that this provisional order had been obtained –True to form – Without either RESPONDENT, his CC, or their Attorneys of record being notified of the Application to Set Aside.. The statement following in paragraph 43 of this http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  22. 22. Southern African Banks affidavit, which reads: “The writ of execution was subsequently set aside in this Honourable Court”, is blatantly false – Unless same had again been obtained without serving either RESPONDENT, his CC, or their Attorneys, with the reapplication. This means that the provisional Set Aside is nil and void. It is conspicuous that no annexure proving this FINAL SET ASIDE, had been attached. 105. It has to be noted that the WRIT OF EXECUTION on Case No. 18225/98, had also been issued as early as 2002, and that the only reason why it had to be reissued on 19 March 2007, was that at the time, the Sheriffs of the High Court had been bullied into not executing the WRIT by the Attorneys of record of the FOURTH APPLICANT, and the original WRIT had been lost in the process. The same happened to the two WRITS issued on Case No. 18836/98. Except for the Writ mentioned in the above affidavit, none of the other two had ever been challenged in Court. Now, five years later, FOURTH APPLICANT, together with the other three APPLICANTS in this matter, sought to bring an Urgent Application in this regard, never having thought that, despite the fact that RESPONDENT, a Major Foreign Investor in this Country, had been thrown out onto the street, robbed from everything he has possessed, would still be fighting. It is clear that they still believe that the FOURTH APPLICANT in this matter, a so-called UNTOUCHABLE BANK, will continue to abuse the Courts, and keep Applicants at bay. THE ACCUSATION OF VEXATIOUS CONDUCT 106. If RESPONDENT is to be accused of vexatious conduct because they insist that justice has to be upheld and that all attempts by the UNTOUCHABLES to abuse same has to be fought hands and teeth, and if they are accused of being a vexatious litigants because the Attorney of Record of FOURTH APPLICANT has for around a decade, been successful in scuttling Applicants’ over forty attempts to litigate with FOURTH APPLICANT, to fight against the fraudulent debts it had been creating in the name of RESPONDENT’S Kleindoornkop Boerdery CC, some of which he has complained about in his attached letter – Then so be it. LOCUS STANDI OF AN INSOLVENT TO LITIGATE 107. FIRST APPLICANT in this matter emphasised that RESPONDENT in this matter, has no locus standi as an Insolvent, to have Power Of Attorney from Kleindoornkop Boerdery CC 1987/08027/23, to litigate. Despite the fact that a different Person owning an unknown to RESPONDENT, entity, had been fraudulently sequestrated, and that Second Applicant had then been declared insolvent, a fact which had been confirmed by the Master of the High Court, The State Attorney’s meeting, and the Deeds Office Report. We have determined that, despite the fact that RESPONDENT is not the person who had been sequestrated, an Insolvent may litigate without the permission of the Trustees of his insolvent estate, under certain circumstances. I quote from the authoritive publication on Insolvency Law, “The Law of Insolvency” by Catherine Smith: “Since the insolvent has a vital reversionary interest in his insolvent estate he has the right to litigate in matters connected with the administration of the estate. Thus he has the right to institute action to recover property which in his opinion should belong to the estate where his trustee has refused to take the necessary steps; he has the right of action against the trustee for maladministration of the estate; he may object to the improper sale of assets by the trustee and for the admission of any proof of debt not enforceable against him; the courts have recognised the insolvent’s locus standi to attack the liquidation account or to intervene as defendant in an action brought against the estate, He may bring an application for an order removing his trustee from office. He also has the right to bring review proceedings against any ruling by the master or any presiding officer at a meeting of creditors.” (Annexure ELBS 111) 108. The above means that RESPONDENT, even if he was insolvent, is acting fully within his rights, and has locus standi, to have had these WRITS OF EXECUTION reissued, to recover monetary assets of the estate, assets which the trustees knows about, but have failed to recover. In fact, if these trustees in the fraudulently obtained sequestration and or FIRST, SECOND AND THIRD APPLICANTS in this matter, the liquidators who http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  23. 23. Southern African Banks stole the properties belonging to RESPONDENT, and his Companies, in the liquidation of the numberless/non-existing Kleindoornkop Boerdery CC, have recovered these monies, as well as the R 163 Million which FOURTH APPLICANT in this matter, by January 2002, owed RESPONDENT – as proved in Proceedings of the Set Aside of the latter’s liquidation – And even if all the debts claimed in the liquidation and sequestration proceedings had not been fraudulently created, both the liquidation and sequestration processes would have been reversed. MALA FIDES AND DIRTY HANDS OF APPLICANTS IN THAT MATTER, AND THE ABSENSE OF LOCUS STANDI OF FIRST SECOND AND THIRD APPLICANTS IN THAT MATTER 109. It is therefore clear that none of the FIRST, SECOND and THIRD APPLICANTS in this matter had any locus standi in that matter. The FIRST, SECOND and THIRD APPLICANTS in this matter, are the liquidators of a non-existing and numberless Kleindoornkop Boerdery CC, a non-entity, which has nothing to do with RESPONDENT, except that the properties and other assets belonging to him and his Companies, had been stolen in these processes. 110. The mala fides of especially the FOURTH APPLICANT in this matter, and its Attorneys of Record, had recently been demonstrated again in this Honourable Court. In Court proceedings to set aside the fraudulent sequestration, unopposed by the applicant thereof, who had been fraudulently abused in the sequestration, Advocate Terblanche, Council for the FOURTH APPLICANT, in this matter, in many other cases against RESPONDENT and his Kleindoornkop, suddenly appeared to stop the proceedigs, because FOURTH APPLICANT had already enrolled an Application re this matter – A matter in which they are not a party, except for their fraudulently created, ever growing Claim, against the fraudulently obtained Insolvent Estate of someone else. 111. The APPLICANTS in this matter, brought the matter to Court, with DIRTY HANDS. The FIRST, SECOND and THIRD APPLICANTS, well knowing that they are the liquidators of a numberless and non-existing Kleindoornkop CC, (a non-entity) in the wrapping up of which, they have fraudulently transferred the stolen properties belonging to RESPONDENT and his Companies, to the fraudulently registered Kleindoornkop Boerdery CC 1998/028045/23. FOURTH APPLICANT in this matter - Brought that action knowing that they are at least in Contempt of Court Orders in Cases 18225/98, 18836/98 and, with their Trustees, of the Rule 35(12) Order, because they cannot prove the debts they claimed in the fraudulent liquidation and sequestration processes, and the fraudulently created debts on which they obtained the Court Orders in the first two cases, only to be in contempt of those, themselves. 112. It is therefore clear that the Court Order obtained by the APPLICANTS should be declared nil and void. THE POST “STAYING OF THE WRITS” ERA 113. Because the Urgent Application and obtaining a stay of the WRITS, had been mala fides (in bad faith), Mr. Dlamini proceeded and filed three MOTIONS against ABSA Bank and others, for being in CONTEMPT OF COURT on three High Court Orders, two of those from which the WRITS emanated – Case No. 15751/07 (Annexure ELBS 115), Case No. 18225/98 (Annexure ELBS 116) and Case No. 18836/98 (Annexure ELBS 117). 114. We have again wrote to the Honourable President and the Honourable Ministers of Justice, Safety and Security, Land Affairs & Agriculture, and Trade and Industry ( (Annexure ELBS 118), again asking for the absence of any real action/intervention to stop these so-called UNTOUCHABLES to further abuse the High Court in stopping the proper resolving of these criminal matters, which defrauded our Client, a Major Foreign Investor, from his total investment, and the proceeds thereof. We also notified the above, that should they continue to fail to do same, a Claim for Damages for circa R 3,7 Billion, will be registered against them – As it had, to a large extend, been the lack of action/intervention/ investigation, as well as the active participation and or allowing itself to be abused, of several http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  24. 24. Southern African Banks Government Departments – The Deeds Office, CIPRO, Master of the High Court and the High Court – Which facilitated an Organised Gang of Racketeers, to defraud our Client and steal everything he had. 115. With reference to Annexure ELBS 102 a to e above, the attached Court Order had been issued on 23 May 2007 (Annexure ELBS 119). This order i9ndicates that the Sequestration would be set aside, when Mr. It6shak Knafo (see paragraphs 25 to 26 and 34 above) confirms to the Court on a personal basis, that he had not been the Applicant for the Sequestration. 116. REPORTED CASE ON FRAUDULENTLY OBTAINED BENEFITS. The following Reported Case “Schierhout vs. Minister of Justice 1926 AD 99 at page 109, Mr. Chief Justice Innes stated”: “ It is a fundamental principle of our law that a thing done contrary to the direct prohibition of the law is void and of no effect”. He went on to say: “… what is done contrary to the prohibition of the law is not only of no effect, but must be regarded as never having been done.” This has direct bearing on, among others, the following Court Orders, which played a role in the Financial destruction of Mr. Dlamini and his Companies, and means that all these Orders should be regarded as not only of no effect but must be regarded as never having been done: - The Order on the Debts in Case No. 18225/98 - The Settlement Agreement, made Court Order in Case No.!8836/98 - The fraudulent liquidation of the numberless Kleindoornkop Boerdery CC - The fraudulent sequestration of an unknown party, which had been utilised to steal the rest of the movable and immovable assets The following transactions also fall in this category: - The transfer of all the properties, whether within the fraudulent Liquidation and Sequestration Processes, as well as those properties and assets which had been stolen and/or sold outside these processes. 117. IT IS ABUNDANTLY CLEAR THAT ABSA BANK AND THE REST OF THE ACCOMPLICES INVOLVED IN DEFRAUDING THIS MAJOR FOREIGN INVESTOR FROM EVERYTHING HE POSSESSED, ARE JUST CONTINUING TO ABUSE THE HIGH COURT, IN THEIR EFFORT TO AVOID LOSING THE CIVIL AND CRIMINAL LEGAL BATTLES. CASE NO. 11320/200, THE FRAUDULENT COURT CASE, CASE NUMBER 11320/2003 AS FOUNDATION FOR THE FINAL ONSLAUGHT 118. We have now discovered the foundation on which the theft of Kleindoornkop Boerdery CC 1987/08027/23, of which Mr. Dlamini had purchased 100% shares of against payment for it in cash, the fraudulent Voluntary Liquidation Process of the CC, and the subsequent fraudulent sequestration of Mr. Dlamini, had been based. After the fraudulent process of the creation of debts against Kleindoornkop Boerdery CC 1987/08027/23, Peter Joseph Hefferman’s theft of the CC, by utilising a forged Court Order/Default Judgement, to place it under voluntary liquidation – A process in cahoots with ABSA Bank who immediately became the major Claimant in the fraudulent liquidation – And the subsequent sequestration process, based on the same forged Court Order, even though it had already been set aside, by the High Court at the time – And guess what, ABSA Bank again being the major Claimant against this fraudulently obtained Insolvent Estate. ABSA Bank registering an even bigger claim than in the fraudulent liquidation process, and that after already having received millions of Rand from the latter process. What is described below, backed by documentary evidence, will chill your blood! 119. http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  25. 25. Southern African Banks Attached hereto is a copy of a Summons, which had never been served on our Mr. Dumisa Mbusi Dlamini (Annexure ELBS 122), and which he saw for the first time when it was handed to him in an envelope, at the Jeppe’s Reef Boarder Post, when he entered South Africa from Swaziland, on a visit to his Investment Projects in this country. Note that the Defendant on this Summons is described as one, Dumisa M Dhlamini t/a Dumisa Dhlamini Estate, a Dhlamini with an h, while our Mr. Dlamini’s surname is spelt without the “h”, the Swazi spelling of the name, against Dhlamini, with an “h”, the Zulu spelling of the name. Dumisa Dhlamini Estate is an entity, or non- entity, of which Mr. Dlamini never before even heard about, and a name he definitely had never traded under. Also note that Attorney Serfontein of law firm Bloch Gross issued the summons, without instruction and/or Power of Attorney from Sakkie Die Israeliet (Pty) Ltd, and without Mr Itshak Knafo, the owner of this entity, having ever met Serfontein, to this day. 120. On 6 August 2001, Serfontein, again without the knowledge and authority of Mr. Knafo, obtained a default judgement (Annexure ELBS 123) against Dumisa M Dhlamini t/a Dumisa Dhlamini Estate and got a forged Judgement in the name of Dumisa Dlamini (without the “h”) of Dumisa Dhalmini Estate (a different spelling for the entity as well). Serfontein even deposed of the Founding Affidavit in this application. 121. On 08 August 2001, the Registrar of the High Court then issued another forged document, a Writ of Execution applied for by Serfontein, on which the correct parties as per the summons, different from the Parties as per the Default Judgement, are cited in the heading, but where Dumisa Dlamini (without the “h”) are sited in the instructions to the Sheriff of Barberton (Annexure ELBS 124). Also note that the Sheriff had been instructed to “attach and take into execution movable goods” belonging to the ever changing person and entity cited. 122. On 20 March 2002, the Sheriff for Pretoria East, issued a Notice of Attachment in Execution (Annexure ELBS 125), in the name of Dumisa M Dhlamini (with the “h”) t/a Dumisa Dlamini Estate (without the “h”), and shows that our Mr. Dlamini’s right, title and interest (including farms) in Kleindoornkop Boerdery CC, had been attached, on the above Writ of Execution against the movable goods, of a different entity. 123. On 25 April 2002, the Sheriff of Barberton, also issues a return of service report (Annexure ELBS 126) on this Writ, while he already had issued A Notice of Attachment – Writ of Execution – Movable Property on this Writ, as early as 2 October 2001 (Annexure ELBS 127). 124. On 21 May 2002, the Acting Sheriff Pretoria East, Mrs. CF Nel, confirms in writing (Annexure ELBS 128), that Peter Joseph Hefferman, had purchased the rights, title and interest, including his membership interest in and to Kleindoornkop Boerdery CC, on a sale in execution re judgement debtor Dumisa Dhlamini t/a Dumisa Dhlamini Estate, on that day, and on a Writ of Execution for movable goods. 125. What makes the above even more interesting, is the fact that our Mr. Dlamini (without the “h”) had by then, still not been registered as member with rights title, interest and membership, in that particular Close Corporation, by BDO Spencer Steward Accountants, another co-conspirator, party to the Organised Gang of Racketeers, who defrauded Mr. Dlamini from his larger than R 600 Million investment into South Africa. 126. Hefferman’s fraudulent purchase of the above CC – As Movable Goods – Put him into the position to place the CC under voluntary liquidation. He had then been registered as sole member of the CC as per the attached CIPRO Documents (Annexure ELBS 129), wherein the Sheriff for Pretoria East, illegally signed the section of the CK2 form resigning the previous member, Mr. Dlamini, who had at that stage, not even been registered, as member. ABSA Bank Limited panting in the wings, ready to claim their fraudulently created debts, amounting to circa R 13 Million, backed up by a coerced under false pretences, Settlement Agreement on behalf of Kleindoornkop Boerdery CC 1987/08027/23, was ready to pounce. Hefferman registered and deregistered Mr. Dlamini on the same day he was registered, so as to give proceedings a hint of legality. Please note that, due to the fact that Mr. Dlamini had not been registered as Member of Kleindoornkop Boerdery CC 1987/008027/23, and therefore had no locus standi to apply and sign for any debts and/or bonds, on behalf of this CC, and therefore also not, to sign any Settlement Agreement on http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  26. 26. Southern African Banks behalf of the CC. 127. Hefferman, before placing Kleindoornkop Boerdery CC 1987/08027/23 into voluntary liquidation, first transferred a farm namely Mooiland Farm, from Kleindoornkop Boerdery CC, to Pixishelf One Hundred and Forty (Pty) Ltd, as per Deeds Office Documents attached hereto (Annexure ELBS 130). Also attached hereto is the CIPRO Registration Certificate for Pixishelf One Hundred and Forty, with history, as drawn on 18 May 2007 (Annexure ELBS 131). On this Certificate it is shown that Elizabeth Anne Van Niekerk, the sister of bogus attorney Peter Joseph Hefferman, and thief of Kleindoornkop Boerdery CC 1987/08027/23, as the sole Director as on 17 August 2001. The history shows that the company had been registered by Gretta Armstrong Helberg, ex-wife of CIPRO Senior Legal Advisor, Johannes Friedrich Helberg, who had been responsible for the illegal registration of the duplicate Kleindoornkop Boerdery CC 1998/028045/23, as per paragraph 4 above. The History shows that Ernst Willem Serfontein, the attorney from Bloch Gross Attorneys, who was responsible for the fraudulently obtained default judgement, as set out above, had been registered as a Director of Pixishelf, on 21 May 2002, and resigned on 12 July 2002. 128. Also attached hereto is a copy of the CIPRO Registration Certificate (Annexure ELBS 132) as drawn on 21 August 2007. On this “issue” of the document, the appointment dates foe Helberg and Van Niekerk is confirmed, but the Appointment and Resignation Date for Serfontein is altered/changed to both being the same day, 17 August 2001, as against the 21 May and 12 July 2002 above. The latter dates are confirmed in the attached History Report (Annexure ELBS 133). Also attached is a Deeds Office Report on the transfers of this property, indicating how it had been resold again and again, after it had been illegally transferred (Annexure ELBS 134). 129. Another farm which Mr. Dlamini also purchased to be registered in the name of Kleindoornkop Boerdery CC 1987/08027/23, was the Farm Elandshoek, registered in the name of Elandshoek Administration CC. This farm was also not transferred to Kleindoornkop, but stayed in this CC, which was taken over by Elizabeth Anne Van Niekerk, sister of Peter Joseph Hefferman, the man who fraudulently obtained Kleindoornkop Boerdery CC 1987/08027/23. Attached hereto is a copy of CIPRO Registration Certificate for Elandshoek Administration CC (Annexure ELBS 135), which indicates that Elizabeth Anne Van Niekerk was registered as its Member on 9 December 2003, the day Mr. Dlamini “resigned” without his knowledge, authorisation or signature. 130. This was a forestry farm, and all trees were then immediately harvested and sold. Now, this farm actually belonged to Mr. Dlamini’s Kleindoornkop Boerdery CC, but was not been fraudulently utilised with all the other farms registered to Kleindoornkop Boerdery CC 1987/08027/23, those belonging to it, and those illegally registered into its name, by the liquidators of a non-entity then transferred and sold from the other fraudulently registered Kleindoornkop Boerdery CC 1998/028045. This is another farm the liquidators turned a blind eye to and allowed the Hefferman Family to steal. It has to be emphasised that Mr. Dlamini is currently the registered Sole Member of Kleindoornkop Boerdery CC, as well as the Director of all the Companies, as mentioned in the Minty Report, regarding all the Companies he had purchased as from 1992. All the properties registered in the name of these Companies at the time, still belong to these Companies, as none could ever have been transferred from these, without valid Powers of Attorney to Transfer. The properties allegedly sold by the Organised Gang of Racketeers, including the Trustees and Liquidators during the fraudulent sequestration and Liquidation Processes, had all been transactions in “Hot Air”, and every party currently belief they own same and operate these, are trespassing, and owe Mr. Dlamini and his Companies all the income they have obtained in operating these properties, farms and businesses for years. 131. Even more interesting is the fact that the Trustees in the fraudulently obtained Insolvent Estate, took over the CC from Van Niekerk, nee Hefferman, and registered themselves as Members of Elandshoek Administration CC on 27 September 2004, in their personal capacities. The farm was then sold off and no trace of the proceeds could be traced in records in the Master’s Office. Again, Mr. Dlamini is currently the registered member of this CC, and therefore still the legal owner on the Elandshoek Farm. 132. http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20
  27. 27. Southern African Banks With reference to paragraph 16 above, Mr. Dlamini got this fraudulent voluntary liquidation set aside (Annexure ELBS 19a). In this set aside, the Honourable Justice De Vos ordered that: - The Voluntary liquidation is set aside - That CIPRO restore the CC on its registers - That the sale in execution of Mr. Dlamini’s rights title and interest in the CC is set aside – In other words that the fraudulent default judgement in Case 11320/03 is set aside. - That the membership of Hefferman is set aside and that CIPRO has to register Mr. Dlamini as sole member. 133. ABSA Bank then applied for the liquidation of a numberless Kleindoornkop, and despite that the above Order for the set aside, removed Hefferman as Member, ABSA Bank, Knowing that Mr. Dlamini proved in the above Case to Set Aside, that ABSA Bank actually owes Kleindoornkop Boerdery in excess of R 163 Million, which even make their fraudulently created claim of around R 13 Million, diminish into hot air, and served this Application on Peter Joseph Hefferman’s address in Nelspruit (Annexure ELBS 136), who had not been removed as member, by CIPRO, as per the Court Order. 134. The attached Founding Affidavit (Annexure ELBS 137) in this liquidation Application, made by Ian Loubser of ABSA Bank seems highly suspect – Especially due to the fact that the ABSA Team utilises this document, to prove that they were dealing with the 1987 Kleindoornkop in the above application, in an otherwise numberless application. In the first place there is no Case Number, on this document, and more important the type font on page totally differs from that of the rest of this Affidavit, and was added on later. This is also the only page on which a date is indicated, which places this document in the correct time frame for the Application. 135. In the transcript of the Court Proceedings in this Application, the number of Kleindoornkop Boerdery CC, is never mentioned. In the attached extract of the transcription of these proceedings (Annexure ELBS 138), it is clear that the presiding Judge, the Honourable Justice De Vos, identical to the judge who ordered the set aside, is unclear on which entity is involved in the matter. The following is significant: “COURT: You have heard now what was said or whatever that may be worth, but as far as I recall having read – not all of the papers but some of the papers, at least the founding affidavit – the entity here is Kleindoornkop Boerdery CC? MR. VAN LOGGERENBERG: That is correct M’Lord. COURT: That is the close corporation we are dealing with. MR. VAN LOGGERENBERG: That is the close corporation ... (intervenes) COURT: We are not dealing with the Dlamini’s or with anyone else? MR. VAN LOGGERENBERG: Not at all and the amended founding statement appears in Volume 1 on page 159 and it is clear from that that is the entity your Lordship is dealing with.” From this the reasonable person can only deduct that the Honourable Judge was trying to make sure that she is not dealing with the Dlamini’s, and, again, no number for Kleindoornkop Boerdery CC is mentioned, and ABSA Counsel Van Loggerenberg assures her that they are not dealing with the Dlamini’s “at all”. It has to be taken into account that one cannot accept all these instances of the omission of numbers, the use of different numbers for identically named CC’s and spelling mistakes of names, like Dlamini (without the “h”) and Dhlamini (with the “h”) as simply typos. How to you make a typing error in the number of a CC and then accidentally get this “faulty” number to correspond with an exact duplicate, fraudulently registered CC? It also has to be remembered that Hefferman was still the registered member for Kleindoornkop Boerdery CC 1987/008027/23, on record, and that the Court Documents had been served on him – This despite of the fact that the Honourable Justice De Vos had ordered that he be http://www.sabanks.co.za/live Powered by Joomla! Generated: 1 July, 2010, 06:20

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