The Star Early Edition

M&R wants tribunal to stop full Aton vote

Urgent interdict launched

- Sandile Mchunu

THE COMPETITIO­N Tribunal is scheduled to hear the urgent interdict launched by Murray and Roberts (M&R) to prevent the German family-owned holding investment company Aton from exercising all of its voting rights in the shareholde­rs meeting scheduled to take place next Tuesday.

The tribunal said yesterday that M&R wanted it to stop Aton Gmbh and Aton Austria Holdings Gmbh from exercising their voting rights attached to any shares acquired after the close of business in March and pending final approval of the proposed acquisitio­n.

M&R board chairperso­n Suresh Kana launched an interdict last week, arguing that if Aton was allowed to vote its 44 percent stake, it would be able to determine the outcome of the meeting.

He said this would put Aton in a position to gain majority votes in their favour during the M&R shareholde­r meeting.

Kana argued that if it was allowed to vote, it would increase Aton’s stake beyond 44 percent and would allow it to take total control of the company.

Aton has steadily built its stake to 44 percent in M&R and has launched a bid to take over control by offering R17 for M&R shares.

Last week M&R asked the tribunal to interdict Aton from voting all its shares in the meeting.

In the past, Aton owned only 29.9 percent of the M&R stock.

M&R argued that Aton should be entitled to vote only the 29.9 percent of M&R shares it held on March 22, which was when it launched its offer to M&R shareholde­rs.

Aton replaced its voluntary offer of R15 a share with a mandatory offer of R17 a share early last week.

M&R had advised its shareholde­rs not to accept the Aton offer before the shareholde­r meeting.

The meeting with shareholde­rs will also determine if M&R’s shareholde­rs will support M&R’s board in acquiring the struggling Aveng for R1 billion.

Aton criticised M&R and said the “acquisitio­n of troubled Aveng would be value-destructiv­e to M&R”.

It said there was no clear strategic benefit for M&R and its intention was to frustrate the Aton offer as Aveng had reported R6.7bn loss for the year to end 2017.

“Through the Aveng transactio­n, M&R will once again be exposed to the high risk general constructi­on, steel and manufactur­ing sectors,” Aton said.

The group said M&R had recently completed the disposal of its South African general constructi­on and manufactur­ing business, and Aton was surprised by this recent reversal of strategy by M&R.

M&R shares declined 0.57 percent on the JSE yesterday to close at R17.50.

 ??  ?? M&R has advised its shareholde­rs not to accept the Aton offer before the shareholde­r meeting. PHOTO: TIMOTHY BERNARD, AFRICAN NEWS AGENCY (ANA)
M&R has advised its shareholde­rs not to accept the Aton offer before the shareholde­r meeting. PHOTO: TIMOTHY BERNARD, AFRICAN NEWS AGENCY (ANA)
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