Madzonga, plus Matodzi and Ramavhunga, gotten monthly installments from Vele Petroport regarding the quantity of R300 100

Madzonga, plus Matodzi and Ramavhunga, gotten monthly installments from Vele Petroport regarding the quantity of R300 100

Mathopo, whom afterwards deposed so you’re able to a keen affidavit stating that Mr Madzonga expected him in order to depose to help you a keen affidavit wrongly alleging the faith funds Mathopo paid so you can Vele try a loan to help you him

Vele Petroport try a jv anywhere between one or two organizations, Mmapilo Oil (Pty) Ltd and you can Belton Park Change 134 (Pty) Ltd. Mr Madzonga try the brand new Chairman from Vele Petroport. Which fee of R300 one hundred thousand is made more 7 months. Predicated on Rooplal, Vele Petroport is actually a business no earnings and it also generated these money through an actually ever-broadening overdraft that has been eliminated on owing to a fraudulent cleaning off overdrafts.

Mr Madzonga claims that he is actually seconded regarding Vele so you can Vele Petroport to get better an empowerment bargain associated with Vele, Mmampilo Financial investments (Pty) Ltd and you may Belton Playground, hence in the course of time collapsed. He acknowledges finding payment away from ‘remuneration’ out of Vele Petroport but alleges that he didn’t understand from which account those people funds came from.

For that reason, in which there’s a real and you will real conflict concerning if an excellent respondent when you look at the sequestration procedures is actually indebted toward applicant, brand new judge is to typically dismiss the app. This is the so-entitled ‘Badenhorst rule’.

Such issues, drawn along with his higher-ranking positions inside VBS, Vele, or other relevant agencies, and his awesome training, knowledge and sense, allow it to be inconceivable he try ignorant of the deceptive plan to which the bank dropped victim

Mr Madzonga denies that he consciously gained on fraudulent design and you will denies one such as for instance assets as he is the owner of is ill-acquired increases out of one scheme. His type try full of contradictions, he had been intimately a part of people and you may entities employed in this new strategy, in which he considerably benefitted on design. For me, Mr Madzonga’s denials are so untenable which they don’t increase a bona fide, legitimate argument of-fact and you will slip becoming denied towards documentation.

Mr Madzonga seeks so you can trust the newest report from the Terry Motau South carolina and then he stated that he had been maybe not during the a good condition and then make a decisive in search of from what particular character Mr Madzonga starred from the fake program. In connection with this, Terry Motau South carolina acknowledged your ‘wholesale looting out-of VBS’ did not take place whenever you are Mr Madzonga was a worker away from VBS, however, drill planned the dominant recipient of your own looting try Vele, where Madzonga are COO and you will Ceo. The newest reliance upon brand new Motau Report try missing, as it cannot exonerate Mr Madzonga. In fact, Terry Motau South carolina learned that ‘Madzonga’s assertion of every education otherwise wedding from the frauds and you may thefts bands empty. What, yet not, is very basic is the fact Madzonga is actually very compensated to possess any type of is are which he performed.’

After that, the difficulty with Mr Madzonga’s dependence on the Motau Report are you to definitely Terry Motau Sc didn’t have an identical research prior to your which was put before this Legal. Such, even though he discover new Madzonga’s reason of one’s R15 billion constituting a loan from Mathopo improbable in accordance with the associated records, the guy did not interviews Mr.

In any event, the trouble I’ve with this specific conflict from Mr Madzonga was the results from the Motau Statement create an unimportant viewpoint in these legal proceeding. Within the Graham v Playground Mews Looks Business , the newest High Courtroom mentioned as follows:

‘ Truth be told there appears to be a broad signal you to definitely results of another tribunal can not be always establish an undeniable fact in a subsequent tribunal. I additionally find no logical reason employing that it signal can’t be stretched towards results, sales and you will awards regarding most other tribunals, to be able to ban the latest viewpoint regarding triers of-fact inside such proceedings when you look at the civil otherwise criminal matters.’

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