E641 238 in 4 months

301.44 per vehicle.

Standard Bank also wanted to be granted an order entitling it to dispose of the vehicles either by public auction or private treaty.

Baceth Investments was ordered to hand over the motor vehicles and forklifts to the deputy sheriff of the Manzini Region. The orders operated on an interim basis and were yet to be confirmed by the court.

Other respondents in the matter were the Central Motor Registry and attorney general.

Instalments

According to Standard Bank, Baceth Investments failed to make due monthly instalments and the bank had genuine fear that the motor vehicles and/or equipment may be disposed of.

The motor vehicles and equipment, submitted the bank, were presently being devalued by Baceth Investments who, despite having its benefits, could not pay for them.

“If the motor vehicles and or equipment are not recovered soon from the first respondent (Baceth Investments) and the first respondent either disposes of them or continues using them while its has not paid for them, the applicant (bank) will continue to suffer irreparable harm,” reads the bank’s papers.

The Head of Credit at Standard

Bank Eswatini, Bafana Mhlabane, informed the court, in the bank’s application, that in June 2017, October 2017, November 2017 and March 2018, pursuant to Baceth Investments’ requests, the bank agreed to purchase and hire to the company the motor vehicles and forklifts.

According to Mhlabane, the bank was represented by its authorised representatives when the agreement was concluded.

MP Mabuza - the Hosea Member of Parliament who is currently on trial on terrorism-related and murder charges – and other duly authorised officials represented Baceth Investments during the conclusion of the agreement.

The terms of the agreement included that Standard Bank Eswatini would hire to Baceth Investments the four motor vehicle and four forklifts. Another term of the agreement was that Baceth Investments would select the vehicles and/or equipment from its suppliers and transport them at its own cost once the bank had paid them.

It was also agreed between the parties, according to Mhlabane, that should Baceth Investments, at anytime of the hire of the motor vehicles and/or equipment, default in due and punctual payments or fail to observe and perform any of the terms of the agreement, the bank would be entitled to terminate the hire and take possession of the vehicles and/ or equipment.

Mhlabane informed the court that Baceth Investments took delivery of the various motor vehicles and/or equipment on different dates, commenced using them and made due monthly payments.

Breach

According to Mhlabane, Baceth Investments was in breach of the agreements as it allegedly failed to pay its due monthly instalments for the vehicles and/or equipment.

He submitted that the arrears on the two BMW X4s were E94 301.44 and E87 341.62 respectively.

The head of credit alleged that the arrears on the Hino 500 amounted to E84 959.75 and E40 719.60 in respect of Hino 300 814 LWB.

With regard to each of the four forklifts, the arrear amounts, according to Mhlabane, were E27 083.25, E27 083, E27 080.60 and E27 512.50 respectively.

He said the bank intended to institute legal action against Baceth Investments for the payment of the arrears and damages.

Standard Bank was represented by attorneys from Robinson Bertram. The matter is pending at the High Court.