Business Day

Recouping the VBS millions

Others have submitted as yet unproven claims while some may not have had enough time to prepare affidavits

- Claudi Mailovich Political Writer mailovichc@businessli­ve.co.za

More than a year after the VBS Mutual Bank scandal broke, only three municipali­ties that had unlawfully deposited money with the bank are stepping forward in the hope to recoup some of it. /

More than a year after the VBS Mutual Bank scandal broke, only three municipali­ties that had unlawfully deposited money with the bank are stepping forward in the hope to recoup some of it.

They are the West Rand municipali­ty in Gauteng, and Madibeng and Mahikeng municipali­ties in the North West. A number of others have submitted as yet unproven claims.

VBS collapsed in 2018, leaving municipali­ties who had deposited more than R1.5bn with it, in contravent­ion of regulation­s, facing enormous losses. A damning report released in October 2018 by investigat­ors led by advocate Terry Motau detailed looting at VBS of nearly R2bn, and highlighte­d the roles of political players from the ANC and the EFF.

The bank is now undergoing a liquidatio­n process.

Only two of 16 the municipali­ties that invested with VBS from 2016 to 2018 managed to withdraw their funds before the bank was placed under curatorshi­p in March 2018. The remaining 14 lost their investment­s and have disclosed impairment­s, according to audit outcomes released earlier in 2019.

Most of the municipali­ties that have lost their investment­s are in Limpopo. Municipali­ties in the North West and Gauteng have also been affected.

While there has been political consequenc­es such as dismissals and disciplina­ry charges for some mayors and municipal managers, getting the money back is another issue altogether.

The Municipal Investment Regulation­s bar municipali­ties from making investment­s with mutual banks, which are institutio­ns that are owned by the people who invest in it. The regulation­s, published in 2005, stipulate that all investment­s must be made with primary regard for the safety of the investment.

The money invested in VBS was intended for matters such as service delivery in those municipali­ties.

The bank ’ s liquidator Anoosh Rooplal told Business Day that only the West Rand municipali­ty in Gauteng, as well as Madibeng and Mahikeng municipali­ties in the North West, have proven their claims. A number of other municipali­ties have submitted claims that have not yet been proven, he said.

The reason for some municipali­ties not submitting claims probably was that they had insufficie­nt time to prepare the proof-of-claim affidavits and related documents, Rooplal said. This was after a notice was gazetted for a creditors meeting called by the master of the high court in March.

“That is why, in my view, so few of them have at this stage lodged claims, but I amsure that will change when the second meeting of creditors is held.”

Only four claimants attended the first meeting and of these, three were the municipali­ties that had proven their claims. That meeting was continued in August. The second creditors meeting is expected to be called later in 2019.

Rooplal said he could convene another special creditors meeting later in which they could prove further claims.

The Moretele municipali­ty in the North West had submitted a claim of R50m to the master of the high court in August, two days before the continuati­on of the first creditors meeting, according to documents provided by the municipali­ty to Business Day.

The Merafong municipali­ty in Gauteng confirmed it had not submitted a claim at the March meeting, but did so later, and attended the August meeting.

Freddy Tshivhengw­a, municipal manager of the Makhado municipali­ty in Limpopo said it wants its money back and will submit a claim for about R60m.

Isaac Nukeri, communicat­ions manager at the Collins Chabane municipali­ty, said it wants to get a deposit of about R122m back. The municipali­ty has attended subsequent meetings, Nukeri said.

Meshack Kgwale, acting municipal manager of the Elias Motsoaledi municipali­ty in Limpopo, said it recouped the entire amount it had invested, as well as most of the interest on the account in 2018.

Business Day was unable to get comment from the rest of the municipali­ties, as they did not respond to questions or could not be reached.

ONLY THE WEST RAND MUNICIPALI­TY IN GAUTENG, AS WELL AS MADIBENG AND MAHIKENG IN NORTH WEST, HAVE PROVEN THEIR CLAIMS

 ?? Antonio Muchave/ Sowetan ?? End of the road: VBS Mutual Bank in Thohoyando­u, Limpopo. The Municipal Investment Regulation­s bar municipali­ties from making investment­s with mutual banks.
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Antonio Muchave/ Sowetan End of the road: VBS Mutual Bank in Thohoyando­u, Limpopo. The Municipal Investment Regulation­s bar municipali­ties from making investment­s with mutual banks. /

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