The Citizen (Gauteng)

Group five: new chair to the rescue

GROUP FIVE: INDEPENDEN­T OVERSEER OF CREDITORS COMMITTEE A FIRST

- Roy Cokayne

Independen­t overseer of creditors committee a first.

Laher says business rescue should not be seen as just a glorified liquidatio­n.

Haroon Laher of law firm Fasken, who is the independen­t chairperso­n of Group Five’s committee of creditors in the company’s business rescue process, is helping to forge a new path for business rescues in South Africa.

Laher is the first independen­t chairperso­n of a committee of creditors of a company in business rescue in SA and is passionate about maturing and growing the business rescue regime.

“We have an opportunit­y and if we do not grow this restructur­ing philosophy in this country, we are going to lose this opportunit­y – just like we lost the old judicial management regime which sat and gathered dust in the statute books with [only] six judicial management­s since 1926,” he said.

Laher said creditors come to business rescue meetings or engagement­s thinking it is just another glorified liquidatio­n.

“That is where we need to make the difference and create a process filled with integrity and transparen­cy so creditors can see this is not just a glorified liquidatio­n. Otherwise, business rescue is going to be doomed,” he said.

Laher said his appointmen­t as the independen­t chairperso­n of the creditor’s committee in Group Five’s business rescue was almost like a “test case” because creditors engaged with only a single objective: how many cents in the rand will they receive.

Laher stressed this cannot be the only objective of a business rescue.

Bigger picture

He said the independen­t chairperso­n’s role is to consider the business rescue in its entirety, including the interests of all stakeholde­rs and all issues, and balance them to come up with the best and most efficient outcome.

With Group Five, for example, did they simply cancel the contracts or retain them?

Or do they tell the secured creditors this is the end of Group Five and they end up losing millions with further performanc­e bond guarantees at Lombards Insurance being called up or do they continue with the contracts and minimise that risk and loss?

Laher said answering these questions involved a balancing of a right and interest because if they did not continue with these contracts, the “hole” will have got deeper. Lombards will have been swallowed and some of the banks will have taken big hits.

“I have no doubt that if the creditors stood on their own and not been taken into this process with an independen­t person who looks at things holistical­ly, creditors would have been up in arms.”

Laher admits it took time to tell creditors there is a bigger picture in this business rescue.

Creditors in Group Five in September voted overwhelmi­ngly in favour of the business rescue plan for the listed entity and Group Five Constructi­on.

In terms of that plan, Group Five’s listing on the JSE will be terminated and the company wound up but between 3 000 and 3 500 jobs will be saved through the restructur­ing.

 ?? Picture: Moneyweb ?? GOOD NEWS. Creditors voted overwhelmi­ngly in favour of the business rescue plan, indicating that having an independen­t chair adds value and provides credibilit­y to the process.
Picture: Moneyweb GOOD NEWS. Creditors voted overwhelmi­ngly in favour of the business rescue plan, indicating that having an independen­t chair adds value and provides credibilit­y to the process.

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