Business Day

Jooste wins Lodestone case

- Nick Hedley Senior Business Writer hedleyn@businessli­ve.co.za

Days after controvers­ial businessma­n Markus Jooste claimed he had nothing to do with Steinhoff’s accounting scandal, the former CEO of the beleaguere­d retailer was handed a victory by the High Court in Johannesbu­rg on Friday. The court ruled that his Mayfair Holdings investment company could sell its Lodestone Brands business using a mechanism that will force Lodestone’s minority shareholde­rs to sell their shares.

Days after controvers­ial business person Markus Jooste claimed that he had nothing to do with Steinhoff’s accounting scandal, the former CEO of the beleaguere­d retailer was handed a victory by the Johannesbu­rg high court on Friday.

The court ruled that his Mayfair Holdings investment company could sell its Lodestone Brands business using a mechanism that will force Lodestone’s minority shareholde­rs to also offload their shares. Lodestone’s brands include Rascals sweets and the Fusion range of dairy blend concentrat­es.

The ruling will help Mayfair to repay loans backed by nowcollaps­ed Steinhoff shares.

The founders of Lodestone’s three underlying firms, who are also its minority shareholde­rs, went to court in a bid to stop Mayfair and Standard Bank, the appointed investment bank, from going ahead with the sale.

The applicants, who own about 22% of Lodestone, argued that Mayfair should either sell its shares without forcing them to do the same or should sell its stake to them at fair value.

Mayfair could also let them see the bids of interested parties so that they could match the bids and buy out Mayfair’s shares, they argued.

Friday’s ruling therefore means the founders will be forced sellers. The court dismissed their applicatio­n for an interdict with costs.

In its argument, Mayfair said it probably would not have had time to sell its consumer goods unit by December as laid down by creditors, if the high court interdicte­d the process.

Leonard Harris, senior counsel for the respondent­s, told the court in June that since Lodestone’s memorandum of incorporat­ion included a clause that allowed for the majority shareholde­r to launch a competitiv­e sale process that roped in minorities, there was therefore no unfair conduct.

The founders told Business Day they were not yet sure whether the ruling could be appealed against.

Supplement­ary court documents show that 24 parties had expressed an interest in buying Lodestone, including Tiger Brands, Remgro, Long4Life, Premier Foods, Pioneer Foods and RCL Foods.

Jooste said in parliament on Wednesday that he had nothing to do with the fraud at Steinhoff.

He said he resigned on December 5 2017 because the group’s board did not accept his proposal that it immediatel­y terminate the services of Deloitte as auditor, appoint a new set of auditors, and publish unaudited financial statements on the scheduled date.

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