Cassim N.O v Ndlovu and Others (GP19/2021) [2024] ZAST 8 (5 November 2024)

Cassim N.O v Ndlovu and Others (GP19/2021) [2024] ZAST 8 (5 November 2024)

The Tribunal found that the curator bonis was duly authorised to act under the forfeiture order, as his appointment was for the benefit of the state and not subject to the requirements for letters of curatorship under the Administration of Estates Act. The disputed assets, specifically the Scania trucks, were acquired with proceeds from impugned procurement transactions and were properly preserved and forfeited. The first respondent, Mr Ndlovu, was found to have wilfully and mala fide failed to comply with the forfeiture order, having reneged on undertakings and concealed assets. Akanni and Zaisan failed to provide reasonable explanations for their default and lacked bona fide defences,...

Citation
[2024] ZAST 8
Parties
Applicant: Zaheer Cassim N.O.; Respondent: Thabiso Hamilton Ndlovu; Respondent: Hamilton Holdings (PTY) LTD; Respondent: Hamilton Projects CC; Respondent: Faliham (PTY) LTD; Respondent: Akanni Trading and Projects (PTY) LTD; Respondent: Special Investigating Unit; Respondent: National Health Laboratory Service; Respondent: Zaisan Kaihatsu (PTY) LTD
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
5 November 2024
Case Number
GP19/2021
Procedural Posture
Civil Application / Judgment on Contempt and Rescission Applications
Outcome
Contempt application granted against the first respondent; rescission applications by Akanni Trading and Projects (Pty) Ltd and Zaisan Kaihatsu (Pty) Ltd dismissed with costs.
Judges
L.T. Modiba
Legal Topics
Contempt of Court, Curatorship, Asset Forfeiture, Rescission of Judgment, Fronting Companies, Procurement Irregularities
Civil Procedure Administrative Law Commercial and Corporate Contempt of Court Curatorship Asset Forfeiture Rescission of Judgment Fronting Companies +1 more

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Parties

Zaheer Cassim N.O.

Applicant

Thabiso Hamilton Ndlovu

Respondent

Hamilton Holdings (PTY) LTD

Respondent

Hamilton Projects CC

Respondent

Faliham (PTY) LTD

Respondent

Akanni Trading and Projects (PTY) LTD

Respondent

Special Investigating Unit

Respondent

National Health Laboratory Service

Respondent

Zaisan Kaihatsu (PTY) LTD

Respondent

Procedural Posture

Civil Application / Judgment on Contempt and Rescission Applications

Legal Issues

  1. 1 Whether the curator bonis has standing to bring the contempt application without letters of curatorship.
  2. 2 Whether the disputed assets fall within the scope of the forfeiture order.
  3. 3 Whether the respondents are in wilful default and have a bona fide defence in the rescission applications.

Ratio Decidendi

The Tribunal found that the curator bonis was duly authorised to act under the forfeiture order, as his appointment was for the benefit of the state and not subject to the requirements for letters of curatorship under the Administration of Estates Act. The disputed assets, specifically the Scania trucks, were acquired with proceeds from impugned procurement transactions and were properly preserved and forfeited. The first respondent, Mr Ndlovu, was found to have wilfully and mala fide failed to comply with the forfeiture order, having reneged on undertakings and concealed assets. Akanni and Zaisan failed to provide reasonable explanations for their default and lacked bona fide defences,...

Court Disposition

Contempt application granted against the first respondent; rescission applications by Akanni Trading and Projects (Pty) Ltd and Zaisan Kaihatsu (Pty) Ltd dismissed with costs.

Orders

  • The first respondent is declared to be in contempt of the judgment of the Special Tribunal under case number GP19/2021 granted on 7 June 2022.
  • The first respondent is committed to prison for a period of 30 days; a warrant of arrest is authorised for immediate arrest and committal.