Sunday Times

Developer in row over R500m BEE deal

- By BOBBY JORDAN

● Thirteen years ago Manie Floris thought he’d bought a chunk of central Stellenbos­ch — a municipal developmen­t worth about R500m. Two court cases and a heart attack later, Floris is still fighting for it, the last man standing in a massive BEE failure that still haunts the winelands town.

In April, Floris and his business partners will return to court seeking damages to the tune of about R100m. They say the Stellenbos­ch council denied them the deal of a lifetime when it cancelled the tender for the redevelopm­ent of the town’s historic core.

“I lost everything because of this project,” said Floris, a former Absa bank director and property developer. “I thought I had finally got the deal I had been working towards my whole life, and then it was taken away for political reasons.”

Floris is unsure if he has another 13 years to wait for compensati­on: two years ago he was diagnosed with cancer and had half his stomach removed.

But standing in his way is a resolute municipali­ty, which insists it did the right thing by terminatin­g the sale of the oldest part of town to Floris’s Fusion Properties.

The deal was championed by the then ANC-led council as an attempt to redress apartheid-era property disparity.

However, the DA took over months after the tenders were awarded and said the deal was irregular. Instead of finalising a new public car park and retail and residentia­l developmen­ts, known collective­ly as tender 34, it took legal action to halt them.

In an affidavit before court, Floris claims the DA used tender 34 to employ “swart gevaar” tactics during its 2006 election campaign. “It was unthinkabl­e to these people that a coloured grouping would develop a property in what they considered to be their exclusive domain,” Floris said.

A particular frustratio­n is the council’s alleged refusal to comply with a 2009 high court ruling that ordered it to consult with the successful bidders about bid objections. As a result Floris is the only one of the original bidders still contesting the matter, with partners in his new company, Asrin Property Developers.

Fusion’s legal representa­tive, Chris Schoeman, said the council’s delaying tactics were similar to those employed by parliament in the Nkandla controvers­y.

“Their plan was simply to out-litigate the black empowered groups which had tendered and won — and they did so quite successful­ly because over the years all but us have fallen away.”

However, the Stellenbos­ch Municipali­ty insists it has complied with the 2009 judgment by consulting affected bidders. Declining to comment on the legal spat while it is before court, the municipali­ty said it remained committed to spatial restructur­ing “by bringing lower-income, and often disadvanta­ged people, into areas where there are major economic opportunit­ies, with regards to jobs and consumptio­n”.

Documents seen by the Sunday Times show the council commission­ed a forensic report in 2007 to probe tender allegation­s relating to tender 34.

“The allegation­s entailed that municipal employees … had colluded with external parties to deal with municipal-owned land for their own and others’ benefit and that tender 34 was used to achieve this goal,” the report said.

Council minutes from 2014 say the reasons for scrapping the tender included questions over the value of the land and the agreed price, and changes in Fusion’s shareholde­rs and management. The council also raised concerns about Fusion not submitting documents on business plans and finances.

Floris rejected these points this week and insisted the council had effectivel­y scuttled a genuine attempt at transforma­tion.

 ?? Picture: Esa Alexander ?? Manie Floris in front of the property he says was taken from him by the DA municipali­ty.
Picture: Esa Alexander Manie Floris in front of the property he says was taken from him by the DA municipali­ty.

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