Madzonga, including Matodzi and you can Ramavhunga, gotten monthly payments off Vele Petroport on the number of R300 100
Mathopo, who later on deposed to an affidavit saying that Mr Madzonga expected him in order to depose to an enthusiastic affidavit falsely alleging your faith funds Mathopo reduced to help you Vele is actually financing to your
Vele Petroport is actually a jv ranging from a couple agencies, Mmapilo Oils (Pty) Ltd and you can Belton Playground Exchange 134 (Pty) Ltd. Mr Madzonga was brand new President away from Vele Petroport. This fee regarding R300 100 was developed over 7 days. Based on Rooplal, Vele Petroport is actually a corporate no money therefore generated these costs thru an ever-broadening overdraft which had been cleaned to your as a consequence of a deceptive clearing of overdrafts.
Mr Madzonga states he are seconded away from Vele to help you Vele Petroport so you’re able to progress an empowerment offer involving Vele, Mmampilo Opportunities (Pty) Ltd and you may Belton Park, hence eventually folded. He acknowledges getting payment regarding ‘remuneration’ away from Vele Petroport however, alleges that he don’t see of which account men and women monies originated from.
For that reason, in which there was a real and you can genuine dispute on if or not an excellent respondent within the sequestration legal proceeding is actually with debt into the candidate, brand new judge will be in most cases overlook the app. This is actually the very-called ‘Badenhorst rule’.
Such facts, taken along with his high-positions positions within this VBS, Vele, or any other related entities, and his awesome education, studies and feel, make it inconceivable he try unaware of fraudulent plan that the bank decrease prey
Mr Madzonga rejects that he knowingly gained from the fraudulent system and you can denies one such as possessions when he is the owner of is unwell-gotten progress of one design. Their variation try plagued by contradictions, he had been sexually a part of the people and you can agencies employed in this new strategy, and then he dramatically benefitted regarding system. In my experience, Mr Madzonga’s denials are incredibly untenable that they do not raise a real, legitimate argument of fact and you will fall to be denied for the records.
Mr Madzonga tries so you’re able to rely on the latest declaration by the Terry Motau South carolina and he reported that he was maybe not when you look at the an excellent status making a definitive shopping for from what certain character Mr Madzonga played in the fraudulent program. In this regard, Terry Motau South carolina accepted that ‘general looting of VBS’ don’t result when you find yourself Mr Madzonga is actually a member of staff from VBS, but bore in mind the dominating beneficiary of the looting try Vele, at which Madzonga are COO and you may Chief executive officer. The reliance on the brand new Motau Report is actually misplaced, because it will not exonerate Mr Madzonga. In reality, Terry Motau Sc learned that ‘Madzonga’s denial of any degree or involvement in the scams and you will thefts bands hollow. Just what, but not, is very simple is that Madzonga is actually very compensated to own any sort of is actually are he performed.’
Subsequent, the issue which have Mr Madzonga’s reliance on the brand new Motau Statement is one to Terry Motau Sc did not have a similar evidence just before your which had been $255 title loans online same day North Carolina put until then Courtroom. Particularly, whether or not the guy found the new Madzonga’s cause of your own R15 million constituting financing from Mathopo not likely according to the related data, the guy don’t interviews Mr.
Anyhow, the difficulty I’ve with this particular disagreement from Mr Madzonga try that the conclusions from the Motau Declaration form an unimportant advice in these procedures. In the Graham v Park Mews Body Corporate , the brand new High Legal mentioned as follows:
‘ Truth be told there is apparently an over-all laws you to conclusions of some other tribunal cannot be regularly show an undeniable fact for the a subsequent tribunal. In addition find no logical reason why using it signal can not be expanded to the results, orders and you can prizes regarding almost every other tribunals, so as to exclude the latest opinion from triers of fact inside the these process for the municipal or violent matters.’
