Cape Argus

FNB denies Ayo interim relief

- STAFF REPORTER

Ayo Technology Solutions Ltd (AYO) was yesterday denied its applicatio­n for urgent interim relief to prevent First National Bank (FNB) from indiscrimi­nately terminatin­g its transactio­nal banking facilities. Gauteng High Court ‘s Judge Wright, ruled that FNB had sufficient contractua­l grounds on which to give a mere 60-days-notice to terminate its relationsh­ip with the JSE’s largest blackowned and managed ICT investment group and he, therefore, dismissed Part A of AYO’s applicatio­n for an urgent hearing.

Despite being fully aware of AYO’s public image, which has been tarnished by the media through a series of factually inaccurate articles since March 2018, FNB still opened an account for AYO in October 2020.

The bank waited until mid-February 2021 to pull the plug on AYO’s account, citing reputation­al risk. AYO launched an urgent applicatio­n on 15 April once it became apparent that the 10 or so banks it had approached had either denied them business or were still considerin­g. With the 3rd May deadline days away, AYO proceeded to launch an applicatio­n. In informing its staff of the situation, AYO’s own staff launched an applicatio­n to join AYO’s matter as an intervenin­g party.

Also joining the matter as a friend of the court, was NUMSA.

Both AYO’s employees and NUMSA’s requests were granted by the judge. Meanwhile, the refusal by FNB to grant Ayo the interim relief could mean a bleak future for 1 200 workers at the JSE-listed company.

The court deemed the applicatio­n as not urgent just four days before the May 3 deadline of FNB closing AYO’s banking facilities.

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In court papers, AYO chief executive Howard Plaatjies said they sought urgent relief pending determinat­ion of final relief where they seek setting aside of the FNB decision to close their accounts, among others. Plaatjies also said the consequenc­e of Ayo not having a transactio­nal banking arrangemen­t in place without any facilities being provided puts significan­t limitation­s on Ayo and would ultimately lead to the company not being able to operate.

AYO has been banking with FNB since November 2020, but the bank served the company with notice to terminate the banking relationsh­ip on March 2 this year.

Howard detailed in his court papers attempts to seek an audience from FNB to reconsider its decision but the bank refused a request for a meeting.

He said it was after they requested a copy of the contract that they decided to launch the applicatio­n.

“It is necessary to state unequivoca­lly that AYO has not been found guilty of any criminal activities, including money laundering and terrorist financing,” Howard added.

He complained that the two months notice was not reasonable and the risk of closing the accounts was not explained.

“In the circumstan­ces, AYO’s business will certainly become unbanked for a period. All of the harm that AYO, its employees and other creditors stand to suffer will be irreversib­le and permanent,” he said.

“In the end, the harm caused by the FNB decision will result in the liquidatio­n of a company which has been historical­ly a profitable business at a time when jobs are in short supply,” he said.

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