Cape Times

Nedbank boss to testify over ‘property scam’ Certain BOE employees accused of mastermind­ing a repossessi­on scam

- Roy Cokayne

NEDBANK chief executive Mike Brown has been subpoenaed to give evidence today at a confidenti­al Section 417/418 inquiry in terms of the Companies Act.

Brown is one of three people who have been called to testify on the liquidatio­n and subsequent deregistra­tion of Waterkloof­spruit Projects, the developer of a 211-stand upmarket residentia­l project known as Waterkloof Boulevard in Waterkloof Ridge in Pretoria in 2001. The others are Arno Cronje and Enver Motala.

Brown was subpoenaed because he was previously head of Board of Executors bank (BOE), which was taken over by Nedbank in 2002.

It is alleged that BOE placed Waterkloof­spruit Projects under a winding up order because it could not pay its debts and conspired and colluded with liquidator­s Cronje and Motala, as well as Sterling Auctioneer­s to acquire, during the liquidatio­n sale, 137 stands in Waterkloof Boulevard for a total of R100 000.

This amounted to an average price of R730 a stand.

There are claims that there was a R20 million offer for the stands prior to the liquidatio­n sale and the real market value of the individual properties, of which 16 had semi completed houses, had a collective market value of more than R40m.

Bond holder

BOE’s property finance division was the bond holder over certain properties in the Waterkloof Boulevard project.

Esme Arendse, the division executive of group communicat­ions at Nedbank, confirmed Brown had been subpoenaed to give evidence at the inquiry. Arendse added that neither Nedbank nor Brown had any comment about the inquiry “but deny the allegation­s made”.

Advocate Charles Stewart will preside over the inquiry, which will take place in Pretoria years after a court battle launched by Hillcrest Village and the CMT Trust against several different entities, including Nedcor’s BOE Private Bank and the liquidator­s of Waterkloof­spruit Projects in 2006.

Dennis Perreira da Silva, the owner of Randpark Ridge Extension 60 Developmen­t, and Ralph Rojahn, the owner of Dotcom Trading 635 have also been subpoenaed to give evidence at the inquiry today.

The two companies, with BOE’s agreement, developed the properties in Waterkloof Boulevard after they were acquired during the liquidatio­n sale. Waterkloof­spruit Projects was previously wholly-owned by former listed property company Gilboa Properties, which in May 2001 ceded all its rights, title and interest and all claims it had in Waterkloof­spruit Projects in respect of the Waterkloof Boulevard project to the CMT Trust.

Hillcrest Village, which is now in liquidatio­n, was the owner of the Gilboa Building.

The liquidator­s of Hillcrest Village were granted an order in the Pretoria High Court in 2010 to convene an inquiry in De la Pierre also alleged BOE and certain of its employees mastermind­ed a property repossessi­on scam that was responsibl­e for the demise of Waterkloof­spruit Projects and Gilboa Properties, which in turn caused the damages suffered by Hillcrest Village and the CMT Trust.

In 2008 Judge

Moses Mavundla, among other things, declared the dissolutio­n of Waterkloof­spruit Projects void, and found “overwhelmi­ng evidence” of fraud or collusion.

Nedbank was granted leave to appeal this judgment, which was upheld by the Supreme Court of Appeal in 2009.

However, appeal court Judge Piet Streicher said the offer of R100 000 by BOE should not have been accepted by the liquidator­s, and in doing so, the liquidator­s did not act in the best interests of Waterkloof­spruit Projects.

Hillcrest Village and the CMT Trust in 2007 lodged a claim for more than R500 million in damages from Nedbank, liquidator­s Cronje and Motala, the master of the High Court and various other businessme­n and close corporatio­ns.

The Section 417 now being held is part of the process of this damages claim.

 ?? PHOTO: SIMPHIWE MBOKAZI ?? terms of Section 417/418 of the Companies Act. This inquiry commenced in 2010 and was postponed indefinite­ly, but has now been reconvened.
Edward de la Pierre, the former chairman of Gilboa and former director of Hillcrest Village and trustee of the...
PHOTO: SIMPHIWE MBOKAZI terms of Section 417/418 of the Companies Act. This inquiry commenced in 2010 and was postponed indefinite­ly, but has now been reconvened. Edward de la Pierre, the former chairman of Gilboa and former director of Hillcrest Village and trustee of the...

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