Business Day

Liquidatio­n of VBS investor Vele granted

- Warren Thompson

The High Court in Johannesbu­rg has granted an order allowing for the immediate liquidatio­n of VBS Mutual Bank’s largest shareholde­r, thereby allowing liquidator­s to begin trying to recover as much as half of the R1.5bn that was stolen from depositors of the bank.

Acting Deputy Judge President Moroa Tsoka wasted no time on Tuesday in granting a final liquidatio­n order against Vele Investment­s, the bank’s controllin­g shareholde­r. The applicatio­n for the liquidatio­n of Vele had been brought by the bank’s curator, Anoosh Rooplal.

“It’s a great milestone for the curatorshi­p, it’s a step in the right direction to potentiall­y recover assets that rightfully belong to the VBS depositors,” he said.

These depositors include municipali­ties in some of the poorest parts of the country, which stand to lose almost all of the R1.6bn they deposited with VBS, increasing the risk of budget shortfalls and violent protests that could result from a lack of service delivery.

Rooplal had stated in his applicatio­n that Vele Investment­s was one of the primary beneficiar­ies of the fraud of “epic proportion” and had benefited to the tune of R745m, or about half of the R1.52bn he says was stolen from the bank.

“The court will now appoint a liquidator who will take over control of the assets and businesses of Vele.

“In addition, we look forward to getting a register of the company’s assets ahead of their disposal, as we have not had line of sight of that as yet. I suspect the liquidator will want to sell the legitimate businesses as going concerns [operating firms] in order to realise as much value as possible,” says Rooplal.

According to the court documents, Vele received the money through a series of fictitious and fraudulent deposits created in

suspense accounts by the bank’s executives. The funds were then transferre­d into accounts held by Vele Investment­s with VBS.

Vele used R697m of the money to pay for acquisitio­ns of other financial services and logistics companies and included subscribin­g for more shares in VBS.

A small portion was spent on luxury cars and a helicopter. Business Day understand­s that the curator could not yet verify whether some of these assets have been sold on.

Based on the fact that Vele paid for the businesses almost entirely with fictitious money and did not borrow to acquire them, there should not be too many creditors standing in line with the bank to claim the proceeds of the asset disposals.

Judge Tsoka also ordered the provisiona­l sequestrat­ion of three of the bank’s executives: treasurer Phophi Mukhodobwa­ne, chief financial officer Philip Truter and chairman Tshifhiwa Matodzi.

Matodzi, identified as the architect of the fraud and under whose instructio­n it appears to have been executed, was also chairman of Vele Investment­s.

The provisiona­l sequestrat­ion order granted by the court will prevent the executives from selling or transferri­ng assets while the judge considers issuing a final order.

Two previous executives opposed the sequestrat­ion applicatio­n in court— previous VBS CEO Andile Ramavhunga and chief operating officer Robert Madzonga — both arguing that the payments they received from VBS were legitimate. Arguments are still being heard on Madzonga’s and Ramavhunga’s applicatio­ns.

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