4 years after a KwaZulu-Natal primarily based advertising firm scored a R102 million contract to produce election posters and banners for the ANC, it has nonetheless not acquired a cent.
The ruling social gathering has lodged enchantment after enchantment in its bid to overturn courtroom rulings that it should pay Ezulweni Investments.
And the ANC’s newest enchantment bid to the Supreme Courtroom of Attraction (SCA), has now “lapsed” as a result of it didn’t file paperwork on time.
In correspondence with Moroka Attorneys, which acts for the ANC, SCA registrar CL de Wee mentioned: “Your heads of argument for this enchantment was due on the twenty eighth of March 2023. To this point, we now have not acquired Heads of Argument. The enchantment has subsequently lapsed.”
Ezulweni lawyer Shafique Sarlie mentioned he had now lodged a writ of attachment of property with the Johannesburg Excessive Courtroom registrar “and we count on it to be issued inside days”.
Sheriff to grab and public sale items
The writ would authorise the Sheriff to connect detachable items from the ANC’s Luthuli Home headquarters in Johannesburg to the worth of R102,4 million and promote them at public public sale.
Sarlie mentioned if the debt couldn’t be met this fashion, he would launch liquidation proceedings towards the social gathering.
“This has by no means been executed earlier than. However their behaviour has been unconscionable. And my shopper is struggling to maintain afloat and pay salaries.”
The writ has been issued after two judgments in Ezulweni’s favour. One was handed down in September 2020 and the opposite was an enchantment heard by a full bench of three judges within the Johannesburg Excessive Courtroom in June 2022.
Of their ruling within the enchantment, the three judges mentioned the ANC’s defence was “far-fetched”.
Decide Leicester Adams, writing on behalf of Judges Motsamai Makume and Mpostoli Twala, mentioned on all of the accessible proof, the ANC was liable to pay the debt on the idea of a verbal settlement.
The ANC had sought to distance itself from the verbal settlement, claiming that the 2 officers who had negotiated with Ezulweni boss, Renash Ramdas, had no authority to take action.
Decide Adams mentioned the fabric info have been supported by uncontested and unchallenged WhatsApp messages despatched between 29 April and 6 Might 2019, which reported on progress of the mission.
On the chat group named “ANC 2019”. Ramdas had given steady updates on the order of the banners and posters and had despatched footage of them earlier than and after they have been erected. He suggested that he had employed 100 groups to put in them.
Ramdas mentioned a Mr Mabaso, the ANC’s monetary supervisor, had launched him to a Mr Nkholise, the particular person answerable for procurement on behalf of the social gathering at some point of the election marketing campaign. They’d positioned the order with him.
ANC treasurer affirmation
In March that yr, due to the substantial monetary outlay, Ezulweni sought assurance from the ANC that the contract was legitimate.
Ramdas mentioned the social gathering supplied it with a letter on an ANC letterhead signed by the top of elections, Fikile Mbalula, and addressed to the treasurer-general, Paul Mashatile, through which Mbalula confirmed that “Comrade Lebohang Nkholise has been assigned because the signatory for bookings and cash at some point of the Elections Marketing campaign”.
Decide Adams mentioned the letter “and extra importantly” the truth that it had been supplied to Ezulweni, was not disputed by the ANC. It was additionally not disputed that in April Ezulweni had forwarded two invoices to Nkholise.
The ANC claimed the letter was ready by Nkholise who had hooked up Mbalula’s signature to it “electronically”.
Decide Adams mentioned:
“The concept was, so Mabaso alleges, that the letter would sooner or later be positioned earlier than Mbalula for affirmation. This apparently by no means occurred … this then meant, so the model of the ANC continues, that the order and the contents of the sale letter was by no means confirmed, or accepted.”
The choose mentioned this model was implausible, far-fetched and stood to be rejected.
He mentioned it may very well be “confidently mentioned” that the conduct of the events, particularly that of the ANC, supported the conclusion that there was an settlement and there was “no credence” to the ANC’s model.
The three judges subsequently refused to grant the ANC depart to enchantment towards their order that it should pay up, however on petition to the SCA, that courtroom granted particular depart to enchantment.
ANC media spokesperson Amos Phago didn’t reply to a WhatsApp message requesting remark.
© 2023 GroundUp. This text was first printed right here.