Motsa Investments (Pty) Ltd taken to court
BRIEFS AND UPCOMING EVENTS FOR THE WEEK
Rexy Investments five-car auction on June 15, 2022.
Rexy Investment truck and agriculture equipment auction on June 10, 2022
Cattle and goat auction June 9, 2022
Ubombo Sugar Limited agriculture equipment auction on July 2, 2022
Plot 33 of Farm No.1209 Ngwenya Township measuring at 6, 6006 hectares, to be auctioned by the deputy sheriff for the district of Hhohho. Reserve price is E4 790 000. Improvements include accommodation, administration room, toilets, kitchenette, reception, lounge, eight classrooms, 4 offices and more. Auction to take place on June 17, 2022.
Lot No.604 Ngwane Park Township situated in Manzini measuring at 1337 square metres, to be auctioned by the deputy sheriff outside the old Regional Administrator’s Office in Manzini. Reserve price is E902 700. Improvements include three bedrooms house. Auction to take place on June 17, 2022.
Plot 33 of farm No.2159 Mbabane Township Extension No.19 measuring at 1912 hectares, to be auctioned by the deputy sheriff for the district of Hhohho. Reserve price is E2 000 000. Improvements include four units of two-bedroom flats. Auction to take place on July 1, 2022.
MBABANE - The court has issued an interim order to attach equipment allegedly belonging to Moses Motsa’s company. The order was granted by High Court Judge Bongani Dlamini.
Motsa Investments (Pty) Ltd and its Director Moses Motsa have been tak en to court by Kwikform Formwork and Scaffolding (Pty) Ltd for allegedly keeping leased equipment under false deed of sale.
Kwikform Formwork and Scaffold ing are the applicants in the matter while Motsa Investments is the first respondent, Moses Motsa is the 2nd respondent as the director of the com pany, the National Commissioner of Police William Dlamini is the 3rd respondent and the Attorney General Sifiso Khumalo is the 4th respondent.
Allegations
The respondents in the matter are still to respond to the allegations made by the applicant in the certificate of urgency filled at the High Court.The applicant alleges that they leased out equipment to the first respondent for approximately E200 000 per month.
They alleged that the agreement was for a period not exceeding 10 years and the first respondent was expected to pay the money monthly.
Kwikform Formwork and Scaffold ing also claims that Motsa Investments did not make their payments on time and when they approached, the second respondent, furnished them with deed of sale of the equipment.
The applicant wants the equipment back and alleges that the deed of sale is not authentic.
Kwikform Formwork and Scaffold ing filed a certificate of agency with the High Court, stating that they were being deprived of business by the first respondent in that the continued stay of the leased equipment with the first respondent under the alleged false deed of sale which affects their business as no income is being made by them. “Around August 2021, I vis ited Motsa Investments site offices in Siteki where I had a meeting with Mo ses Motsa, where he wanted to buy the equipment which was currently under lease agreement,” said the applicant.
They added that they explicitly informed Motsa that the sale would need to be discussed with the company directors Bart Diedericks and Darryl Voysey.
To clarify, the applicant is a wholly owned subsidiary of Waco Africa (Pty) Ltd, which has its main offices in Johannesburg South Africa.
Kwikform Formwork and Scaffold ing (Pty) Ltd said regarding the sale of the equipment, there is an understand ing between the applicant and Waco Africa (Pty) Ltd that this would need to be agreed on by the directors.
Activity
“I knew that such a sale would not be possible, as leasing the equipment is the main business activity, therefore, we cannot afford to sell off relatively new equipment when such equipment has a shelf life of about 10 years, depending on the quantity,” they said.
The applicant added that the matter was urgent because the first respond ent might alienate or dispose of the leased equipment to a third party, which would be not known to the applicant. Kwikform Formwork and Scaffolding said around March this year, they again visited the first re spondents premises in Siteki to make a follow up on payment for the leased equipment following the unsuccessful attempt of buying it.
They alleged that the 2nd respondent told them that he had bought the leased equipment from them on October 2015, he also handed a copy of a let ter that he allegedly claimed to have emailed to their offices.
“It was the first time that I had sight of this letter, and I verily state that the letter is a forgery and was never received by the applicant or any of its employees,” said Kwikform Form work and Scaffolding.
Applicant
The applicant also alleges that the address in the letter was wrong.
They said the letter avers that the first respondent has made a payment of E409 000 for the equipment in their bank account which they confirm to have received and thought it was part of the payment of arrears which stood at E1 096 211.27, in March this year.
The equipment is alleged to have been valued at E3 964 149.79.
“The first respondent has in its pos session a fraudulent deed of sale which does not conform to our terms and conditions of trade,” said the applicant. Kwikform Formwork and Scaffolding also mentioned in their certificate of agency that Motsa In vestments might continue to use the equipment which may cause it to further depreciate to its prejudice.