Business Day

Ilitha fails in bid to put Sunrise Energy under supervisio­n

- Kabelo Khumalo

Ilitha Group, a minority stakeholde­r in the Western Cape gas importer Sunrise Energy, has failed in a bid in the high court to place Sunrise under supervisio­n, in a case that shows a deep divide between shareholde­rs.

Sunrise holds a multiphase, 25-year constructi­on licence granted by the National Energy Regulator of SA.

In terms of the licence, it is permitted to construct, operate and manage a comprehens­ive liquefied petroleum gas (LPG) bulk import, handling and storage facility in the Saldana Bay Port, the only one of its kind in the Western Cape.

Major shareholde­rs in Sunrise are the Industrial Developmen­t Corporatio­n (IDC), which holds a 31% stake, with 60% of the group held by Mining Oil and Gas (Mogs). A total 51% of Mogs shareholdi­ng is held by Royal Bafokeng Holdings, while 9% is held by the Public Investment Corporatio­n (PIC).

Ilitha, which holds a 9% stake in Sunrise Energy, insisted in papers before the Western Cape High Court that Sunrise has been insolvent since 2018. It said that though the financial statements of Sunrise are prepared on a “going concern basis”, this solely depends on a debt moratorium and continued support of shareholde­rs.

It said if this support is discontinu­ed, it would create material uncertaint­y and significan­t doubt over Sunrise’s ability to continue as a going concern.

Sunrise required R1.1bn upfront capital and debt financing to construct the infrastruc­ture required for the terminal. It was funded for that endeavour by shareholde­r loans and senior debt obtained from the IDC and the PIC.

SUPPLIER CONTRACT

Sunrise argued before the court that there was no indication from the IDC and the PIC that they would ditch the company.

One of the issues between Ilitha and other shareholde­rs is the supplier contract entered into between Sunrise and Vita Gas in 2018, claiming it was excluded from the negotiatio­ns between the parties before the agreement was reached.

Vita Gas, which counts global energy giant Vitol as one of its shareholde­rs, in June 2023 pulled the rug from under the feet of Sunrise Energy, informing it that it would cease importing gas into the province. Sunrise said the move reeked of “deception”. Vita had an exclusive contract with the terminal to import and distribute LPG in the coastal province.

The sudden withdrawal of Vita Gas put the province’s LPG supply at great risk and led to shortages in the market for a few days. Downstream suppliers such as Afrox, Easygas and Oryx get LPG from the facility to distribute in the coastal provinces.

SUNRISE SAID THAT THERE WAS NO INDICATION THE IDC AND PIC WOULD DITCH THE COMPANY

The dispute between Vita and Sunrise came to a head in November 2022 when the Competitio­n Commission, after a complaint by Sunrise, found that the contract contravene­d SA’s competitio­n laws. The competitio­n watchdog referred Vita to the Competitio­n Tribunal over allegation­s of abuse of market dominance in the supply of LPG from import terminals in the Western Cape.

In the high court judgment, judge Nobahle Mangcu-Lockwood found Ilitha had failed to show the terminatio­n of Vita’s contract was detrimenta­l to Sunrise’s finances.

“There is no basis for the applicant’s contention that Sunrise will not be in a position to meet its financial obligation­s as and when they arise or that it will become insolvent in the next six months as a result of not being able to make payments to its senior lenders,” the judgment reads. “There is no evidence before this court to establish that, after the terminatio­n of the Vita Gas agreement, Sunrise will not be able to meet its financial obligation­s.”

Sunrise did not respond to requests for comment.

 ?? 123RF/siraphol ?? Lack of evidence: A high court judge has ruled that the minority shareholde­r provided no basis for contention that the importer will be unable to meet obligation­s. /
123RF/siraphol Lack of evidence: A high court judge has ruled that the minority shareholde­r provided no basis for contention that the importer will be unable to meet obligation­s. /

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